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2016/07/26 City Council Agenda PacketMission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." 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, July 26, 2016 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.rpciiy.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting Agenda July 26, 2016 for City Council/RPFA/CDCSuccessor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Ahanotu _ Callinan Stafford _ Mackenzie _ Belforte 2. PLEDGE OF ALLEGIANCE Led by Colby and Madison Labno 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Honoring Technology High School Boys' Swim Team for Winning the 2016 Coastal Mountain Conference Championship Title B. An Overview of Issues Facing Sonoma County — Presentation by Sonoma County 2nd District Supervisor David Rabbitt 4. DEPARTMENT HEAD BRIEFING A. Community Services Department: Introduction of Hannah Deeter, Community Services Coordinator at the Senior Center 5. 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 azenda item. 6. 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/RPFA/Successor Agency Joint Regular Meeting, July 12, 2016 B. Acceptance of Reports for: 1. Receive Series 2007R Excess Bond Proceeds Expenditure Report 2. City Councilmembers Quarterly Expense Report (April, May, June) 3. City Bills/Demands for Payment dated July 26, 2016 C. City Council Resolutions for Adoption: 1. 2016-80 Approving the Plans and Specifications for the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04), Awarding the Construction Contract to Ghilotti Construction Company, Inc. and Finding the Project Exempt under the California Environmental Quality Act City of Rohnert Park Joint Regular Meeting Agenda July 26, 2016 for City Council/RPFA/CDCSuccessor Agency Page 3 of 5 2. 2016-81 Accepting a Grant in the Amount of $41,800 from the State of California Department of Alcoholic Beverage Control for Grant Assistance Program Funds D. Authorize the City Manager to Execute a Design Services Agreement with Brokaw Design for Professional Services for Design of the Restroom Rehabilitation and Reopening Project No. 2016-10 E. Authorize the City Manager to Execute Task Order 2016-07 with GHD Inc. for Construction Management of the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04) Council Motion/Vote 7. Discussion and Direction on Letter of Support for the Sonoma County Board of Supervisors on Proposed Community Separator Ballot Measure A. Staff Report B. Public Comment C. Council discussion/direction 8. Informational Update Regarding Railroad Quiet Zones in the City of Rohnert Park A. Staff Report B. Public Comment C. Council discussion 9. Discussion and Direction on Potential Amendments to Sonoma Clean Power Joint Powers Agreement A. Staff Report B. Public Comment C. Council discussion/direction 10. Designation of a Voting Delegate and Alternate/s for the League of California Cities Annual Conference — October 5 — 7, 2016, Long Beach, CA A. Staff Report B. Public Comment C. Council discussion/action 11. CLOSED SESSION A. Recess to Closed Session 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) 2. Conference with Real Property Negotiators (Government Code §54956.8) Property: 5480 Commerce Blvd. (APN 143-021-043) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Big 4 Rents Under Negotiation: Price and Terms B. Reconvene Joint Regular Meeting Open Session in Council Chamber C. Report on Closed Session (Government Code § 54957.1) City of Rohnert Park Joint Regular Meeting Agenda July 26, 2016 for City Council/RPFAICDCSuccessor Agency Page 4 of 5 12. 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. A. Standing Committee Reports B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (7/19) 2. Mayors & Councilmembers Legislative Committee (7/15) 3. Golf Course Oversight Committee (7/19) 4. Association of Bay Area Government (ABAG) General Assembly (7/21) C. Other Reports 13. 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. 14. 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. 15. 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. 16. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda July 26, 2016 for City Council/RPFA/CDCSuccessor 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, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the July 26, 2016, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on July 21, 2016, 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 21St day of July, 2016, at Rohnert Park, California. Caitlin Saldanha, Deputy City Clerk certittcate of ition 0ortor uff TECHNOLOGY HIGH SCHOOL BOYS' SWIM TEAM for Winning the 2016 Coastal Mountain Conference Championship Title As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor the Technology High School Boys' Swim Team for winning the 2016 Coastal Mountain Conference Championships. This accomplishment is particularly noteworthy considering that Tech High added sports to their curriculum only four years ago. Since then, the boys' swim team quickly rose to the top of their league by winning championships for two consecutive years in a row in 2015 and 2016. In addition, the team finished the last two seasons undefeated in dual meets, which is an extraordinary accomplishment in and of itself. Congratulations to Coach Annette Waner for leading the team to such amazing success and to the athletes who put their heart and soul into their history -making journey to the top. Signed this 20 day of July, 2016 By: IF in (forte, sopor CITY COUNCIL SPEAKER CARS] Date: �._� Agenda Item 1#: Name:_` Address: Phone:� TOPIC: Brief Summary of Comments: See Reverse Supplemental Items for City Council Meeting: LAND USE PLAN MAP Pen ngmve Ase Plan Land Use LaW Um DeSignettal OVeMA91CMWe Ge LW*W cwmmw UMRW MON > FOO14 Rcxal PASWOW swoe f:aReqwe" Baw map Lawm Q Afea POn easy — OeWAY ems'a" ycfty Hiqlway t�uao ,, F�O�,'terar�elDgosliaeis Penngrove Area Plan Page 25 Vicinity Map APN: 046-051-014 GENERAL PLAN AMENDMENT TO REMOVE 047-111-029 APPROXIMATELY 170.69 ACRES FROM THE CITY'S SPHERE OF INFLUENCE, WITH THIS AREA TO REVERT 047-111-046 BACK TO ITS PRIOR OPEN SPACE -AGRICULTURE 047-111-050 DESIGNATION, AND TO AMEND RELATED GENERAL PLAN TEXT AND FIGURES Scale: 1ct Site Date: 9/26/02 File No.: PL2002- 037GPA �014NeRT AA�k 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, July 12, 2016 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California Item No. 6A1 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Pro Tempore Mackenzie called the joint regular meeting to order at 5:03 pm, the notice for which being legally noticed on July 7, 2016. Present: Jake Mackenzie, Mayor Pro Tempore Amy O. Ahanotu, Councilmember Joseph T. Callinan, Councilmember Pam Stafford, Councilmember Absent: Gina Belforte, Mayor Staff present: Acting City Manager Schwartz, Assistant City Attorney Barnhill, Development Services Director Pawson, Director of Public Safety Masterson, Director of Public Works and Community Services McArthur, Finance Director Howze, Senior Analyst Atkins, Public Safety Sergeant Bates and Deputy City Clerk Saldanha. 2. PLEDGE OF ALLEGIANCE Led by Commander Jeff Taylor. Mayor Pro Tempore Mackenzie asked for a moment of silence to honor the victims of the recent shootings in Dallas, Texas. 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Honoring Public Safety Department's Team ROPO for Supporting Special Olympics as Top Fundraisers in the Bike the Bridges' Event Mayor Pro Tempore Mackenzie read and presented the proclamation to several members of Team ROPO, including Commander Aaron Johnson, Public Safety Sergeant Rick Bates, Karen Bates, and Dispatcher Linda Gray. Public Safety Sergeant Bates thanked Council for their recognition. City of Rohnert Park Joint Regular Meeting Minutes July 12, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 5 4. DEPARTMENT HEAD BRIEFING A. Department of Public Safety: 4th of July Briefing Director of Public Safety Masterson provided the report. B. Department of Development Services: Status Update on Nuisance Abatement at State Farm Drive and Enterprise Drive Director of Public Safety Masterson and Director of Development Services Pawson provided the report. 5. PUBLIC COMMENTS Nancy Kleban, Rohnert Park-Cotati Regional Library Branch Manager, spoke about a new program called Career Online High School, which offers the opportunity for Sonoma County residents over age 19 to obtain their high school diploma. 6. CONSENT CALENDAR A. Approval of Minutes for: (PULLED by Stafford) B. Acceptance of Reports for: 1. Update on Code Enforcement Activity at 1391 Miramonte Place 2. City Bills/Demands for Payment dated July 12, 2016 3. RPFA — Cash Report for Month Ending May 2016 4. Housing Successor Agency — Cash Report for Month Ending May 2016 5. Successor Agency - Cash Report for Month Ending May 2016 6. City- Cash Report for Month Ending May 2016 C. City Council Resolutions for Adoption: 1. 2016-073 Extending By One Year the Term of Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues 2. 2016-074 Authorizing the City Manager to Execute a First Amendment to the Lease Agreement with Kirk Veale, dba Veale Outdoor Advertising, for City -Owned Digital Billboard Sign Effective July 12, 2016 3. 2016-075 Awarding the Construction Contract for Claussen Overcrossing and Highway 101 Sewer Maintenance Investigation and Rehabilitation (Project Number 2015-10) to Insituform Technologies, LLC 4. 2016-076 Authorizing the City Manager to Execute a Master Agreement and Task Order 2016-01 for Construction Management Services with GHD Inc. for the Wilfred Avenue Rehabilitation (Project No. 2016-09) 5. 2016-077 Authorizing the City Manager to Execute a Master Service Agreement with West Yost Associates for Planning and Engineering Consulting Services as Needed 6. 2016-078 Authorizing the Finance Director to Increase Appropriations by $100,000 to the Capital Improvement Project 2017-13 Senior Center HVAC Replacement Project Funded by 2007R Tax Allocation Bond Proceeds and Any Other Transactions Necessary to Fund the Project City of Rohnert Park Joint Regular Meeting Minutes July 12, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 3 of 5 D. Authorize the City Manager to Execute the First Amendment to Construction Management and Inspection Services Agreement with Brelje & Race Consulting Engineers for Public Safety Main HVAC System Replacement Project in the amount of $7,800 E. Authorize the City Manager to Execute an Additional $40,000 of Change Orders for the Rohnert Park Expressway Rehabilitation Project Phase 1 (Project No. 2013-01) To Maximize Grant Eligible Costs ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu, Callinan, Stafford and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Belforte. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, June 28, 2016 Recommended Action(s): Approve Minutes from the City Council/RPFA/Successor Agency Joint Regular Meeting held on June 28, 2016. Councilmember Stafford noted that she was absent for the City Council/RPFA/Successor Agency Joint Regular Meeting held on June 28, 2016. ACTION: Moved/seconded (Mackenzie/Ahanotu) to approve the Minutes from the City Council/RPFA/Successor Agency Joint Regular Meeting held on June 28, 2016. Motion carried by the following unanimous 3-0-1-1 vote: AYES: Ahanotu, Callinan, and Mackenzie, NOS: None, ABSTAINS: Stafford, ABSENT: Belforte. 7. 2016 Mid -Year Status Report on Implementation of Rohnert Park Strategic Plan Acting City Manager Schwartz presented the item. Recommended Action(s): Staff is requesting that the City Council receive and accept the 2016 mid -year status report on implementation of the City's Strategic Plan. Public Comments: None. ACTION: By Consensus (none opposed), City Council received and accepted the 2016 mid -year status report on implementation of the City's Strategic Plan. City of Rohnert Park Joint Regular Meeting Minutes July 12, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5 8. PUBLIC HEARING: (NO EARLIER THAN 6PM—Noticed on 6/24/2016,7/l/2016 and 7/8/2016) Consideration of the Vacation of Willis Avenue and Related Actions Director of Development Services Pawson presented the item. Recommended Action(s): Conduct a Public Hearing on the Vacation of Willis Avenue and Approve a Resolution of the City Council of the City of Rohnert Park Vacating a Section of 40 -Foot Wide Public Right - of -Way in Favor of Assessor's Parcel Numbers 045-082-057, 045-082-065, 045-075-005, 045-075-006, 045-082-035 and 045-082-058 and Finding the Action Consistent with the Environmental Impact Report for the Wilfred Dowdell Specific Plan Area. Hearing Opened 6:03 p.m. Public Comments: None. Hearing Closed 6:03 p.m. ACTION: Moved/seconded (Callinan/Stafford) to Approve Resolution 2016-079 Vacating a 40 -Foot Wide Public Right -of -Way in favor of Assessor's Parcel Numbers 045-082-057, 045-082 065, 045-075-005, 045-075-006, 045-082- 035 and 045-082-058 and Finding the Action Consistent with the Environmental Impact Report for the Wilfred Dowdell Specific Plan Area Motion carried unanimously by the following 4-0-1 vote: AYES: Ahanotu, Callinan, Stafford and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Belforte. 9. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports None. B. Liaison Reports 1. Sonoma County Transportation Authority (SCTA) (7/11) Mayor Pro Tempore Mackenzie reported that a workshop will be held on Wednesday, July 20th in order to gather public input on the draft comprehensive transportation plan. Mayor Pro Tempore Mackenzie also noted that the Regional Climate Protection Authority (RCPA) certified the Environmental Impact Report (EIR) and adopted the Climate Action Plan 2020. C. Other Reports None. 10. COMMUNICATIONS Acting City Manager Schwartz stated that residents have contacted the City to request owl boxes as a remedy to ongoing rat problems in both D and F Sections. Acting City Manager Schwartz reported that the City has contacted Paul Libeu from the Mosquito & Vector Control District and the district is currently evaluating possible remedial actions. Acting City Manager Schwartz also noted that construction is not a contributing factor to the rat problems, and staff will continue to refer residents to the Mosquito & Vector Control District for further assistance. City of Rohnert Park Joint Regular Meeting Minutes July 12, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5 Acting City Manager Schwartz announced a Town Hall Meeting will be held at 6:00 p.m. in the Community Center on July 20, 2016. Mayor Pro Tempore Mackenzie announced the nomination period for the November 8, 2016 Election opens on July 18, 2016. Mayor Pro Tempore Mackenzie noted that the Library Commission will be hosting a special meeting on July 18, 2016 regarding sales taxes. 11. MATTERS FROM/FOR COUNCIL None. 12. PUBLIC COMMENTS None. 13. ADJOURNMENT Mayor Pro Tempore Mackenzie adjourned the joint regular meeting at 6:12 pm. Caitlin Saldanha, Deputy City Clerk City of Rohnert Park Gina Belforte, Mayor City of Rohnert Park Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6B 1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT July 26, 2016 Public Works and Community Services John McArthur, Director of Public Works & Community Services Terrie Zwillinger, Project Coordinator Receive Series 2007R Excess Bond Proceeds Expenditure Report RECOMMENDED ACTION: Staff recommends that the City Council as Successor Agency to the Community Development Commission receive the attached report of 2007R Excess Bond proceeds expenditures for January 2016 through June 2016. BACKGROUND: Since receiving the Finding of Completion, the City, Successor Agency and Oversight Board (OSB) have taken the following actions relating to the use of the remaining redevelopment bond proceeds: 1) On February 11, 2014, the City Council approved $5.7 million in bond proceeds for multiple facility improvement projects within the former Redevelopment Area (RDA). On April 9, 2014, the project list was approved by the OSB and later approved by the State Department of Finance. 2) On February 10, 2015, City Council approved an additional $627,546 in uncommitted bond proceeds from the 1999 Tax Allocation Bonds (TABS) that will be used as contingency funds for projects that have already been approved. 3) On May 22, 2007, the former Community Development Commission entered into a reimbursement agreement with the City whereby the former Commission would fund 88% of the Eastside Sewer Main Phase 1 Improvement Project in advance of the City receiving the money through public facilities finance. The Commission funded this project from the 2007R Tax Allocation Bond proceeds. On August 25, 2015, the City Council approved the use of an additional $10,055,725 in bond funds for projects in the former RDA. The Fiscal Year 2015-16 Budget anticipated that there would be sufficient funds available in the Public Facility Finance Fee fund to repay $500,000 of the funds advanced for the sewer project to the Successor Agency. The FY 2016/17 budget anticipates an additional $500,000, for a total of $1,000,000. As these funds are repaid, they retain their identity of bond proceeds and are therefore available to be used for the same purpose as when issued, which is for capital projects within the former redevelopment area. 1 ITEM NO. 6B 1 ANALYSIS: The total amount of bond proceeds allocated to the bond project list is $16,383,271. Since approving the Excess Bond Proceeds Agreement (Agreement), several of the public facility improvement projects have been initiated. Section 5 of the Agreement requires that the City provide the Successor Agency and Oversight Board with a bi-annual written statement identifying the amount of Series 2007R Excess Bond Proceeds expended in the January through June and July through December six-month periods. The attached report details expenditures of excess bond proceeds on public improvements for the six-month period of January 2016 through June 2016, in addition to the previously expended funds. As better cost estimates for the projects are received or projects are completed, project budgets will be adjusted to re -distribute funds up to the amounts previously approved by City Council and the Oversight Board. STRATEGIC PLAN ALIGNMENT: This item follows Strategic Plan Item D.2 by improving infrastructure. The bi-annual report is a requirement of the 2007R Excess Bond Fund Agreement. OPTIONS CONSIDERED This report is required per the 2007R Excess Bond Proceeds agreements Department Head Approval Date: July 5, 2016 Finance Director Approval Date: July 14, 2016 City Attorney Approval Date: N/A City Manager Approval Date: July 18, 2016 Attachments (list in packet assembly order): 1. 2007R Excess Bond Proceeds Bi -Annual Report BOND 1 and 2 2. 2007R Excess Bond Proceeds Bi -Annual Report BOND 3 2 BOND 1 and 2 Project List ATTACHMENT Proiect Budget Project Name Types of Expenses BOND Proceeds Other Funding Source Previous Expenditures Jan -Jul 2016 Total Remaining Balance Benicia Pool Renovation Project No. 2014-06 Rehab of pool including replacement of pool decking, pool plaster, building roofs, restroom fixtures, diving board, expanded picnic area, new ADA restroom Design Construction Management Construction $27,766 $101,437 $1,301,808 $60,771 $88,537 $101,437 $1,210,436 $0 $0 $69,440 $0 $0 $21,932 Sub -total $1,431,011 $60,771 $1,400,410 $69,440 $21,932 Sports Center Locker Room Retrofit Project No. 2013-05 Remodel of both women's and men's locker rooms including replacement of lockers, fixtures, floors, and upgraded showers Design Constructability Review Construction Management Construction $6,698 $4,977 $56,096 $696,526 $73,966 $69,455 $4,977 $0 $221,677 $8,923 $0 $54,666 $467,112 $2,286 $0 $1,430 $7,737 Sub-totall $764,297 $73,966 $296,109 $530,701 $11,453 Public Safety Main HVAC Replacement Project No. 2014-02 Replacement of HVAC system including new chiller and boiler, control system, VAVs Design Construction Management Construction $49,895 $37,200 $595,431 $322,203 $38,767 $8,640 $167,785 $5,809 $20,236 $702,847 $5,319 $8,324 $47,002 Sub -total $682,526 $322,203 $215,192 $728,892 $60,645 A -Park Restroom Renovation Project No. 2015-04 Rehabilitation of the restroom building, including replacement of fixtures and security features Design $29,945 $0 $3,103 $26,842 Construction Management $20,000 $0 $0 $20,000 Construction $188,003 $0 $2,124 $185,879 Sub -total $237,948 $0 $0 $5,227 $232,721 PAC HVAC Replacement unitsProject No. 2015-05 Replacement of 4 HVAC units Design Construction Management Construction $84,200 $38,157 $395,567 $0 $0 $0 $0 $0 $651 $84,200 $38,157 $394,916 Sub -total $517,924 $0 $0 $651 $517,273 Community Center Roof Replacement Project No. 2015-06 Replacement of roof Design $21,220 $0 $0 $21,220 Construction Management $15,893 $0 $0 $15,893 Construction $202,287 $0 $286 $202,001 Sub -total $239,400 $0 $0 $286 $239,114 Page 1 BOND 1 and 2 Project List ATTACHMENT Project Budget Project Name Types of Expenses BOND Proceeds Other Funding Source Previous Expenditures Jan -Jul 2016 Total Remaining Balance Senior Center Roof Replacement Replacement of roof Design Construction Management Construction $27,300 $18,257 $189,862 $28,462 $0 $0 $26,218 $0 $0 $0 $27,300 $18,257 $192,106 Sub -total $235,419 $28,462 $26,218 $0 $237,663 Senior Center Restroom Renovation Renovation of restroom, including new fixtures, flooring, ADA upgrades Design Construction Management Construction $25,200 $5,000 $79,000 $0 $0 $0 $0 $0 $0 $25,200 $5,000 $79,000 Sub -total $109,200 $0 $0 $0 $109,200 PAC Roof Replacement Project No. 2015-08 Replacement of roof Design Construction Management Construction $19,650 $90,349 $1,094,811 $0 $0 $0 $0 $0 $162 $19,650 $90,349 $1,094,649 Sub -total $1,204,810 $0 $0 $162 $1,204,648 Library Parking Lot Paving and Landscaping Overlay of library parking and associated landscaping Construction $100,000 $0 $4,649 $95,351 Sub -total $100,000 1 $0 1 $0 1 $4,649 1 $95,351 Community Center Parking Lot Overlay Project No. 2014-07 Overlay of parking lot Construction $800,000 $282,965 $56,471 $460,564 Sub-totall $800,000 1 $282,965 $56,471 $460,564 TOTAL 1 $6,322,535 1 $485,402 $2,220,894 $1,396,479 $3,190,564 "Note: Senior Center Roof Replacement previous costs are associated with roofing work contracted with Cornerstone Roofing on December 10, 2014 Page 2 310 PR -71 PROJECT 2014-06 Invoice-J/E Date PR -71 Benicia Pool Renovation GL Zwillinger 14/0 hrs 12/14 31 -Dec -14 304 Funding Transferred Arch Pac Funding Source Annual Budget Cummulative Budget In 31 -Jan -15 FIGR MOU Fund 184 reoccuring AP So co Environmental Health 12 -Feb -15 FY15 supplemental 83,823.00 28 -Feb -15 258 FY15 Mid Year Adj FIGR (23,052.00) 60,771.00 (60,771.00) Digitech Total FIGER 224412 AP Digitech 60,771.00 60,771.00 (60,771.00) FY15 RSA 2007R proc'd - 325 1,378,816.00 GL Zwillinger 63 hrs 3/15 FY 16 F325 RSA 2007R adjustmnt 52,195.00 1,431,011.00 (1,392,923.26) FY16 RSA 2007R proc'd - 325 fund swap Petty Cash PW 8 -Apr -15 627,545.62 FY16 RSA 2007R proc'd - 326 fund swap 8 -Apr -15 224904 (627,545.62) Sonoma Media Investments 15 -Apr -15 224985 AP Fed Ex 1,491,782.00 1,491,782.00 (1,453,694.26) BDRB2015-52 Benicia Pool Total Expenditures: 91-10-2015 (1,466,866.67) FIGR transfr 15 -Apr -15 Remaining budget GL 24,915.33 30 -Apr -15 PR -71 Benicia Pool Renovation 1 1,453,694.26 SourcE Vendor Name Invoice-J/E Date Revenue Reference Amount GL Zwillinger 14/0 hrs 12/14 31 -Dec -14 304 AP Arch Pac 14 -Jan -15 223404 GL Zwillinger 13 hrs 1/15 31 -Jan -15 267 AP So co Environmental Health 12 -Feb -15 223950 GL Zwillinger 49 hrs 2/15 28 -Feb -15 258 AP Arch Pac 4 -Mar -15 224235 AP Digitech 11 -Mar -15 224412 AP Digitech 18 -Mar -15 224513 AP Digitech 18 -Mar -15 224513 GL Zwillinger 63 hrs 3/15 31 -Mar -15 343 GL Delgy 2.5 hrs 3/15 31 -Mar -15 347 AP Petty Cash PW 8 -Apr -15 224886 AP Sonoma County Clerk 8 -Apr -15 224904 AP Sonoma Media Investments 15 -Apr -15 224985 AP Fed Ex 15 -Apr -15 224945 GL BDRB2015-52 Benicia Pool 10 -Apr -15 91-10-2015 GL FIGR transfr 15 -Apr -15 146-10-2014 60,771.00 GL Zwillinger 41 hrs 4/15 30 -Apr -15 315 AP Carr's Construction 20 -May -15 225542 AP Office Depot 20 -May -15 GL Pawson 1.0 5/15 31 -May -15 275 GL Da Rosa 1.0 hrs 5/15 31 -May -15 275 GL Delgy .5 hrs 5/15 31 -May -15 275 GL Zwillinger 54.0 hrs 5/15 31 -May -15 275 AP Valicooper 3 -Jun -15 225896 AP Burke Williams 10 -Jun -15 225918 AP Arch-Pac 24 -Jun -15 226172 AP Arch-Pac 24 -Jun -15 226172 AP Carr's Construction 24 -Jun -15 226178 AP Carr's Construction 11 -Jun -15 226483 AP Carr's Construction 30 -Jun -15 226483 AP GHD 30 -Jun -15 226602 AP Valicooper 29 -Jun -15 226627 AP Carr's Construction 11 -Jun -15 226483 GL 30 -Jun -15 295 GL 30 -Jun -15 320 GL Trans in fr 325 2007R bonds 30 -Jun -15 GL Recvlass Carr retention 30 -Jun -15 GL Trans in fr 325 2007R bonds 30 -Jun -15 Project Balance 30 -Jun -15 GL GF - 2 hrs 7/31/2015 285 GL Frostick 2hrs 7/15 7/31/2015 309 AP Pace Supply 8/20/2015 114 AP Carr's Construction Services 8/20/2015 114 AP Vali Cooper & Assoc Inc 8/26/2015 197 GL Zwillinger 36hrs 8/15 8/31/2015 277 GL Zwillinger 36hrs 8/15 adj 8/31/2015 286 AP Carr's Construction Services 9/2/2015 5 AP Carr's Construction Services 9/10/2015 65 AP Vali Cooper & Assoc Inc 9/25/2015 188 GL ZWillinger 26hrs 9/15 9/30/2015 265 AP Carr's Construction Services 10/1/2015 5 AP Grainger, Inc. 10/1/2015 5 CR rebate for B Pool Heater PG? 10/5/2015 32 AP Carr's Construction Services 10/9/2015 68 AP Vali Cooper & Assoc Inc 10/9/2015 68 GL Trans in fr 325 2007R bond: 10/31/2015 211 GL ZWillinger 21 hrs 10/15 10/31/2015 307 AP Carr's Construction Services 11/6/2015 24 AP AJ Printing & Graphics 11/20/2015 132 AP Carr's Construction Services 11/25/2015 148 GL Trans in fr 325 2007R bond! 11/30/2015 153 GL Zwillinger 19 hr(s) 11/15 11/30/2015 230 AP Miller Powder Coating 12/4/2015 29 AP Carr's Construction Services 12/17/2015 114 AP Vali Cooper & Assoc Inc 12/21/2015 131 GL Trans in fr 325 2007R bond! 12/31/2015 233 GL Zwillinger 11 hr(s) 12/15 12/31/2015 283 AP Redwood lock & Key 1/5/2016 18 GL Zwillinger 4 hr(s) 01/16 1/31/2016 260 438,373.13 7,152.60 792,164.66 125,392.15 12,317.00 GL Trans in fr 325 2007R bond! 2/29/2016 119 4,303.55 GL Zwillinger 1 hr(s) 02/16 2/29/2016 261 AP Grainger, Inc. 3/18/2016 150 GL Trans in fr 325 2007R bond! 3/31/2016 283 6,057.54 GL Zwillinger 1 hr(s) 03/16 3/31/2016 304 AP Arch-Pac Aquatics 4/7/2016 39 GL Zwillinger 2 hr(s) 04/16 4/30/2016 298 AP Sweet Lane Wholesale NursE 5/10/2016 44 AP Sweet Lane Wholesale NursE 5/10/2016 44 AP Sweet Lane Wholesale NursE 5/10/2016 44 AP Sweet Lane Wholesale NursE 5/10/2016 44 AP Sweet Lane Wholesale NursE 5/10/2016 44 AP Pace Supply 5/20/2016 120 AP Platt 5/20/2016 155 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 AP US Bank 5/25/2016 159 GL Trans in fr 325 2007R bond: 5/24/2016 211 7,162.63 AP Lynbrook 6/10/2016 75 AP Friedman's Home ImprovemE 6/14/2016 110 AP Friedman's Home ImprovemE 6/14/2016 110 AP Friedman's Home ImprovemE 6/14/2016 110 AP Wheeler Zamaroni 6/14/2016 110 AP Pace Supply 6/14/2016 110 AP Pace Supply 6/14/2016 110 AP Friedman's Home ImprovemE 6/14/2016 110 AP Shamrock Materials 6/14/2016 110 AP Shamrock Materials 6/14/2016 110 AP Shamrock Materials 6/14/2016 110 AP Shamrock Materials 6/14/2016 110 AP Sweet Lane Wholesale NursE 6/16/2016 136 Project Balance 06/30/16 Last updated 06/27/16 LN Remaining Funding 38,087.74 627,545.62 (627,545.62) 38,087.74 (13,172.41) 310-1406 24,915.33 PR -71 Net (13,172.41) 1,466,866.67 Invoice Fiscal Year Fiscal Year Total Total Amount Expenditures Revenues Expenditures Revenues Balance 771.26 771.26 0.00 771.26 0.00 (771.26) 30,000.00 30,771.26 0.00 0.00 0.00 (30,771.26) 1,469.00 32,240.26 0.00 0.00 0.00 (32,240.26) 556.00 32,796.26 0.00 0.00 0.00 (32,796.26) 5,537.00 38,333.26 0.00 0.00 0.00 (38,333.26) 24,000.00 62,333.26 0.00 0.00 0.00 (62,333.26) 595.72 62,928.98 0.00 0.00 0.00 (62,928.98) 388.51 63,317.49 0.00 0.00 0.00 (63,317.49) 2,680.42 65,997.91 0.00 0.00 0.00 (65,997.91) 7,006.00 73,003.91 0.00 0.00 0.00 (73,003.91) 217.50 73,221.41 0.00 0.00 0.00 (73,221.41) 16.95 73,238.36 0.00 0.00 0.00 (73,238.36) 50.00 73,288.36 0.00 0.00 0.00 (73,288.36) 391.00 73,679.36 0.00 0.00 0.00 (73,679.36) 30.17 73,709.53 0.00 0.00 0.00 (73,709.53) 3,794.06 77,503.59 0.00 1.00 0.00 (77,503.59) 77,503.59 60,771.00 2.00 60,771.00 (16,732.59) 4,633.00 82,136.59 60,771.00 3.00 60,771.00 (21,365.59) 55,000.00 137,136.59 60,771.00 4.00 60,771.00 (76,365.59) 3.43 137,140.02 60,771.00 5.00 60,771.00 (76,369.02) 189.00 137,329.02 60,771.00 6.00 60,771.00 (76,558.02) 156.00 137,485.02 60,771.00 7.00 60,771.00 (76,714.02) 43.50 137,528.52 60,771.00 8.00 60,771.00 (76,757.52) 6,102.00 143,630.52 60,771.00 9.00 60,771.00 (82,859.52) 6,450.00 150,080.52 60,771.00 10.00 60,771.00 (89,309.52) 1,493.42 151,573.94 60,771.00 11.00 60,771.00 (90,802.94) 3,015.73 154,589.67 60,771.00 12.00 60,771.00 (93,818.67) 26,500.00 181,089.67 60,771.00 13.00 60,771.00 (120,318.67) 63,265.87 244,355.54 60,771.00 14.00 60,771.00 (183,584.54) 143,052.00 387,407.54 60,771.00 15.00 60,771.00 (326,636.54) 91,668.19 479,075.73 60,771.00 16.00 60,771.00 (418,304.73) 465.00 479,540.73 60,771.00 17.00 60,771.00 (418,769.73) 20,907.00 500,447.73 60,771.00 18.00 60,771.00 (439,676.73) (7,152.60) 493,295.13 60,771.00 19.00 60,771.00 (432,524.13) 312.00 493,607.13 60,771.00 20.00 60,771.00 (432,836.13) 5,537.00 499,144.13 60,771.00 21.00 60,771.00 (438,373.13) 499,144.13 499,144.13 22.00 499,144.13 0.00 7,152.60 506,296.73 499,144.13 23.00 499,144.13 (7,152.60) 506,296.73 506,296.73 24.00 506,296.73 0.00 506,296.73 506,296.73 24.00 506,296.73 0.00 $216.00 216.00 0.00 240.00 506,296.73 (216.00) $6.00 222.00 0.00 246.00 506,296.73 (222.00) $26,652.45 26,874.45 0.00 26,898.45 506,296.73 (26,874.45) $145,056.70 171,931.15 0.00 171,955.15 506,296.73 (171,931.15) $28,538.50 200,469.65 0.00 200,493.65 506,296.73 (200,469.65) $4,068.00 204,537.65 0.00 204,561.65 506,296.73 (204,537.65) $144.00 204,681.65 0.00 204,705.65 506,296.73 (204,681.65) $66,619.45 271,301.10 0.00 271,325.10 506,296.73 (271,301.10) $3,506.29 274,807.39 0.00 274,831.39 506,296.73 (274,807.39) $17,087.50 291,894.89 0.00 291,918.89 506,296.73 (291,894.89) $3,042.00 294,936.89 0.00 294,960.89 506,296.73 (294,936.89) $188,946.59 483,883.48 0.00 483,907.48 506,296.73 (483,883.48) $40.21 483,923.69 0.00 483,947.69 506,296.73 (483,923.69) ($3,000.00) 480,923.69 0.00 480,947.69 506,296.73 (480,923.69) $294,672.72 775,596.41 0.00 775,620.41 506,296.73 (775,596.41) $23,828.25 799,424.66 0.00 799,448.66 506,296.73 (799,424.66) 799,424.66 792,164.66 799,448.66 1,298,461.39 (7,260.00) $2,457.00 801,881.66 792,164.66 801,905.66 1,298,461.39 (9,717.00) $72,251.19 874,132.85 792,164.66 874,156.85 1,298,461.39 (81,968.19) $628.96 874,761.81 792,164.66 874,785.81 1,298,461.39 (82,597.15) $52,512.00 927,273.81 792,164.66 927,297.81 1,298,461.39 (135,109.15) 927,273.81 917,556.81 927,297.81 1,423,853.54 (9,717.00) $2,223.00 929,496.81 917,556.81 929,520.81 1,423,853.54 (11,940.00) $450.00 929,946.81 917,556.81 929,970.81 1,423,853.54 (12,390.00) $7,241.00 937,187.81 917,556.81 937,211.81 1,423,853.54 (19,631.00) $4,626.00 941,813.81 917,556.81 941,837.81 1,423,853.54 (24,257.00) 941,813.81 929,873.81 941,837.81 1,436,170.54 (11,940.00) $1,287.00 943,100.81 929,873.81 943,124.81 1,436,170.54 (13,227.00) $235.55 943,336.36 929,873.81 943,360.36 1,436,170.54 (13,462.55) $468.00 943,804.36 929,873.81 943,828.36 1,436,170.54 (13,930.55) 960,569.94 GL $0.00 variance 943,804.36 934,177.36 943,828.36 1,440,474.09 (9,627.00) $117.00 943,921.36 934,177.36 943,945.36 1,440,474.09 (9,744.00) $746.54 944,667.90 934,177.36 944,691.90 1,440,474.09 (10,490.54) 944,667.90 940,234.90 944,691.90 1,446,531.63 (4,433.00) $117.00 944,784.90 940,234.90 944,808.90 1,446,531.63 (4,550.00) $2,037.30 946,822.20 940,234.90 946,846.20 1,446,531.63 (6,587.30) $234.00 947,056.20 940,234.90 947,080.20 1,446,531.63 (6,821.30) $714.45 947,770.65 940,234.90 947,794.65 1,446,531.63 (7,535.75) $7.67 947,778.32 940,234.90 947,802.32 1,446,531.63 (7,543.42) $3.30 947,781.62 940,234.90 947,805.62 1,446,531.63 (7,546.72) $1,661.64 949,443.26 940,234.90 949,467.26 1,446,531.63 (9,208.36) $782.03 950,225.29 940,234.90 950,249.29 1,446,531.63 (9,990.39) $501.16 950,726.45 940,234.90 950,750.45 1,446,531.63 (10,491.55) $38.27 950,764.72 940,234.90 950,788.72 1,446,531.63 (10,529.82) $194.26 950,958.98 940,234.90 950,982.98 1,446,531.63 (10,724.08) $57.00 951,015.98 940,234.90 951,039.98 1,446,531.63 (10,781.08) $337.34 951,353.32 940,234.90 951,377.32 1,446,531.63 (11,118.42) $28.21 951,381.53 940,234.90 951,405.53 1,446,531.63 (11,146.63) $390.00 951,771.53 940,234.90 951,795.53 1,446,531.63 (11,536.63) ($72.00) 951,699.53 940,234.90 951,723.53 1,446,531.63 (11,464.63) $72.00 951,771.53 940,234.90 951,795.53 1,446,531.63 (11,536.63) $72.00 951,843.53 940,234.90 951,867.53 1,446,531.63 (11,608.63) 951,843.53 947,397.53 951,867.53 1,453,694.26 (4,446.00) $3,166.25 955,009.78 947,397.53 955,033.78 1,453,694.26 (7,612.25) ($19.15) 954,990.63 947,397.53 955,014.63 1,453,694.26 (7,593.10) $1.73 954,992.36 947,397.53 955,016.36 1,453,694.26 (7,594.83) ($0.08) 954,992.28 947,397.53 955,016.28 1,453,694.26 (7,594.75) $3,153.75 958,146.03 947,397.53 958,170.03 1,453,694.26 (10,748.50) $787.34 958,933.37 947,397.53 958,957.37 1,453,694.26 (11,535.84) $541.85 959,475.22 947,397.53 959,499.22 1,453,694.26 (12,077.69) $375.70 959,850.92 947,397.53 959,874.92 1,453,694.26 (12,453.39) ($0.18) 959,850.74 947,397.53 959,874.74 1,453,694.26 (12,453.21) $38.63 959,889.37 947,397.53 959,913.37 1,453,694.26 (12,491.84) ($1.04) 959,888.33 947,397.53 959,912.33 1,453,694.26 (12,490.80) $226.96 960,115.29 947,397.53 960,139.29 1,453,694.26 (12,717.76) $454.65 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 947,397.53 960,593.94 1,453,694.26 (13,172.41) 960,569.94 GL $0.00 variance PF -65 PROJECT 2013-05 Funding Source Annual Budget Capital Outaly Fund 160 219,000.00 BA Fund 160 (209,354.76) Total 9,645.24 FIGR Fund 184 recurring supplemental 78,584.00 Amended FIGR (14,263.00) Total 64,321.00 Fd 325 RSA 2007H Proceeds 406,655.00 Callinan Sports Center Lock Room Renovation Funding Cummulative Budget Transferred In 9,645.24 (9,645.24) 64,321.00 (64,321.00) 406,655.00 (184,771.94) Total 480,621.24 480,621.24 (258,738.18) ITD Expenses (258,738.18) Remaining budget 221,883.06 Vendor Name Glass Architects Glass Architects Glass Architects Transfer from Fund 160 Project Balance Glass Architects Zwillinger 10.0 hrs 12/14 Glass Architects Zwillinger 4 hrs 1/15 Glass Architects Zwillinger 8 hrs 2/15 Zwillinger 13 hrs 3/15 Glass Architects FIGR transfr Glass Architects Glass Architects Zwillinger 12 hrs 4/15 Glass Architects Zwillinger 9.0 hrs 5/15 Ck Date Sport Center Locker Room Rehabl 258,738.18 Revenue Reference Amount 2/5/2014 2/5/2014 2/26/2014 6/30/2014 381-12-2014 06/30/14 10/29/14 12/31/14 1/7/2015 1/31/2015 2/4/2015 2/28/2015 3/31/2015 4/8/2015 4/15/2015 4/22/2015 4/29/2015 4/30/2015 5/27/2015 5/31/2015 217348 217348 217770 222230 304 223289 267 223776 258 343 224732 146-10-2014 225089 225208 315 225721 285 9,645.24 64,321.00 Glass Architects 6/8/2015 226499 Valicorp 6/30/2015 227005 Zwillinger 6.5 hrs 5/15 6/30/2015 320 Tran in From bond proceeds 6/30/2015 10,051.36 Project Balance 06/30/15 DrafTech Blueprinting, Inc 8/26/2015 197 The UPS Store 9/16/2015 100 Co of Sonoma Clerk 10/1/2015 5 Sonoma Media Investments -Advertising 10/9/2015 68 Sonoma Media Investments -Advertising 10/9/2015 68 Tran in From bond proceeds 10/31/2015 211 $2,090.19 Carr's Construction 11/6/2015 24 Carr's Construction 11/19/2015 126 US Bank 11/19/2015 126 Tran in From bond proceeds 11/30/2015 153 $85,271.45 Carr's Construction Services Inc 12/2/2015 7 United States Post Office 12/10/2015 46 Redwood Lock & Key 12/10/2015 46 United Site Services 12/16/2015 112 Burke, Williams & Sorensen, LLP 12/21/2015 131 United Site Services 12/21/2015 131 Carr's Construction Services Inc 12/24/2015 174 Tran in From bond proceeds 12/31/2015 $87,358.94 Project balance FY June 2016 Last updated 01/08/16 LN Remaining Funding Construction Contract $569,150.00 15% Cont $85,372.50 - 1,570.00 Design Engineer Costs $73,415.00 (1,570.00) Design Engineer Costs - Amendrr $7,250.00 4,207.24 CM/Inspection $56,096.00 4,207.24 Temporary Showers $16,539.24 (4,207.24) Potential extension of temporar, $10,000.00 9,645.24 Draf tech Invoice PS&E Print $521.29 221,883.06 Mailer to Membership Re Consti $1,211.58 (9,645.24) Constructability Review $4,985.00 9,645.24 $824,540.61 221,883.06 221,883.06 Net 258,738.18 Invoice Amount 310-1305 PF -65 Fiscal Year Fiscal Year Total Total Expenditures Revenues Expenditures Revenues Balance 1,570.00 1,570.00 - 1,570.00 - (1,570.00) 2,637.24 4,207.24 - 4,207.24 - (4,207.24) 5,438.00 9,645.24 - 9,645.24 - (9,645.24) 9,645.24 9,645.24 9,645.24 9,645.24 - 9,645.24 9,645.24 9,645.24 9,645.24 - 4,101.56 4,101.56 - 13,746.80 9,645.24 (4,101.56) 550.90 4,652.46 - 14,297.70 9,645.24 (4,652.46) 4,297.67 8,950.13 - 18,595.37 9,645.24 (8,950.13) 452.00 9,402.13 - 19,047.37 9,645.24 (9,402.13) 5,955.17 15,357.30 - 25,002.54 9,645.24 (15,357.30) 904.00 16,261.30 - 25,906.54 9,645.24 (16,261.30) 1,469.00 17,730.30 - 27,375.54 9,645.24 (17,730.30) 14,059.42 31,789.72 - 41,434.96 9,645.24 (31,789.72) 31,789.72 64,321.00 41,434.96 73,966.24 32,531.28 6,345.55 38,135.27 64,321.00 47,780.51 73,966.24 26,185.73 17,226.85 55,362.12 64,321.00 65,007.36 73,966.24 8,958.88 1,356.00 56,718.12 64,321.00 66,363.36 73,966.24 7,602.88 7,735.51 64,453.63 64,321.00 74,098.87 73,966.24 (132.63) 1,017.00 65,470.63 64,321.00 75,115.87 73,966.24 (1,149.63) 3,190.23 68,660.86 64,321.00 78,306.10 73,966.24 (4,339.86) 4,977.00 73,637.86 64,321.00 83,283.10 73,966.24 (9,316.86) 734.50 74,372.36 64,321.00 84,017.60 73,966.24 (10,051.36) 74,372.36 74,372.36 84,017.60 84,017.60 0.00 74,372.36 74,372.36 84,017.60 84,017.60 0.00 $521.29 $521.29 - 84,538.89 84,017.60 (521.29) $22.90 $544.19 - 84,561.79 84,017.60 (544.19) $50.00 $594.19 - 84,611.79 84,017.60 (594.19) $810.00 $1,404.19 - 85,421.79 84,017.60 (1,404.19) $686.00 $2,090.19 - 86,107.79 84,017.60 (2,090.19) $2,090.19 2,090.19 86,107.79 86,107.79 0.00 $30,000.00 $32,090.19 2,090.19 116,107.79 86,107.79 (30,000.00) $55,154.00 $87,244.19 2,090.19 171,261.79 86,107.79 (85,154.00) $117.45 $87,361.64 2,090.19 171,379.24 86,107.79 (85,271.45) $87,361.64 87,361.64 171,379.24 171,379.24 - $50,385.00 $137,746.64 87,361.64 221,764.24 171,379.24 (50,385.00) $605.79 $138,352.43 87,361.64 222,370.03 171,379.24 (50,990.79) $51.38 $138,403.81 87,361.64 222,421.41 171,379.24 (51,042.17) $5,785.38 $144,189.19 87,361.64 228,206.79 171,379.24 (56,827.55) $175.96 $144,365.15 87,361.64 228,382.75 171,379.24 (57,003.51) $5,376.93 $149,742.08 87,361.64 233,759.68 171,379.24 (62,380.44) $24,978.50 $174,720.58 87,361.64 258,738.18 171,379.24 (87,358.94) $174,720.58 174,720.58 258,738.18 258,738.18 - $174,720.58 174,720.58 258,738.18 258,738.18 - $174,720.58 174,720.58 258,738.18 258,738.18 - $174,720.58 174,720.58 258,738.18 258,738.18 - $174,720.58 $174,720.58 $258,738.18 $258,738.18 - BOND 3 Project List ATTACHMENT 2 Proiect Budget Project Name Types of Expenses BOND Proceeds Other Funding Source Previous Expenditures Jan -Jul 2016 Total Remaining Balance Sports Center HVAC Feasibility Study Feasibility Study and analysis of various types of mechanical cooling systems at the Sports Center Design/Feasibility Study Construction Management Construction $24,353 $0 $0 $0 $6,167 $0 $0 $18,186 $0 $0 Sub -total $24,353 $0 $0 $6,167 $18,186 Animal Shelter HVAC Replacement Project Replacement of two HVAC Units Design Construction Management Construction $0 $0 $75,000 $0 $0 $0 $0 $0 $12,315 $0 $0 $62,685 Sub -total $75,000 $0 $0 $12,315 $62,685 Animal Shelter Siding Project Replacement of the siding at the Animal Shelter Design Construction Management Construction $0 $0 $40,000 $0 $0 $0 $0 $0 $0 $0 $0 $40,000 Sub -total $40,000 $0 $0 $0 $40,000 Senior Center West Parking Lot Paving Project Paving of the west parking lot at the Senior Center Design Construction Management Construction $12,000 $12,000 $126,000 $0 $0 $0 $12,000 $12,000 $126,000 Sub -total $150,000 $0 $150,000 Sports Center Exterior Coating and Siding Replacement of the siding on the west side of the Sports Center building Design Construction Management Construction $10,000 $10,000 $80,000 $0 $0 $0 $10,000 $10,000 $80,000 Sub -total $100,000 $0 $100,000 PAC HVAC Replacement Project Replacement of 5 HVAC Units at the PAC Design Construction Management Construction $0 $30,000 $270,000 $0 $0 $0 $0 $30,000 $270,000 Sub -total $300,000 $0 $300,000 Page 1 BOND 3 Project List ATTACHMENT 2 Project Budget Project Name Types of Expenses BOND Proceeds Other Funding Source Previous Expenditures Jan -Jul 2016 Total Remaining Balance Alicia park ADA Path of Travel Replacement of various paths of travel for ADA accessibility Design Construction Management Construction $110,000 $0 $0 $0 $0 $0 $0 $110,000 Sub -total $110,000 $0 $0 $0 $110,000 Senior Center HVAC Replacement Project Replacement of 8 HVAC units at the Senior Center Design Construction Management Construction $10,000 $10,000 $80,000 $0 $0 $0 $10,000 $10,000 $80,000 Sub -total $100,000 $0 $0 $0 $100,000 Other Identified but not funded Projects Various Design Construction Management Construction $9,156,372 $0 $0 $162 $0 $0 $9,156,210 Sub -total $9,156,372 $162 $9,156,210 TOTAL 1 $10,055,725 $0 $0 $18,644 $10,037,081 Page 2 City of Rohnert Park I* Council Members Expense Report by Quarter Fiscal Year 15/16 Account Quarter 1 Quarter 2 Quarter 3 Quarter 4 YTD Total Budget Remaining Budget City Representation 6601 Jul - Dec * $0.00 $35.00 $0.00 $0.00 $35.00 $35.00 $0.00 City Representation 6602 Jan -Jun * $0.00 $0.00 $0.00 $0.00 $0.00 $365.00 $365.00 Stafford 6606 $50.00 $135.00 $95.00 $150.00 $430.00 $1,000.00 $570.00 Mackenzie 6611 * $25.00 $115.00 $25.00 $1,022.07 $1,187.07 $1,500.00 $312.93 Belforte 6612 $100.00 $115.00 $45.00 $270.00 $530.00 $1,000.00 $470.00 Callinan 6613 $50.00 $35.00 $95.00 $80.00 $260.00 $1,000.00 $740.00 Ahanotu 6614 $40.00 $85.00 $70.00 $40.35 $235.35 $1,000.00 $764.65 Total $265.00 $520.00 $330.00 $1,562.42 $2,677.42 $5,900.00 $3,222.58 *Council Member Mackenzie budget increased by $500.00 per Council Approval April 12, 2016. City Representation budgets decreased by total of $500.00. City of Rohnert Park Council Members Quarterly Expense Report 4th Quarter April 2016 - June 2016 Account Event Description Check Date Amount City Representation 6601 $0.00 City Representation 6602 Stafford 6606 Noon Times 2/3/16 Noon Times 3/2/16 Rohnert Park Chamber of Commerce, Women In Business 12/3/16 Los Cien Luncheon 4/29/16 Noon Times 4/6/16 Noon Times 5/6/16 Mackenzie 6611 Building Livable Communities 25th Annual Conference, Yosemite Building Livable Communities 25th Annual Conference, Yosemite Noon Times 3/2/16 City of Sonoma Council Members Assoc. Quarterly Dinner Meeting 5/12/16 Noon Times 4/6/16 ABAG Spring General Assembly & Business Meeting 4/21/16 Noon Times 5/6/16 Belforte 6612 Noon Times 3/2/16 City of Sonoma Council Members Assoc. Quarterly Dinner Meeting 5/12/16 Los Cien Luncheon 4/29/16 Los Cien Luncheon Luncheon 5/19/16 2016 Spring Economic Forecast Breakfast Noon Times 4/6/16 Los Cien Luncheon Luncheon 6/24/16 Noon Times 5/6/16 Callinan 6613 Noon Times 3/2/16 Noon Times 5/6/16 Ahanotu 6614 Business Cards 3/16/16 $0.00 4/1/2016 $25.00 4/1/2016 $25.00 4/1/2016 $25.00 4/28/2016 $25.00 5/26/2016 $25.00 6/21/2016 $25.00 $25.00 $150.00 4/1/2016 $646.82 4/1/2016 $170.25 4/1/2016 $25.00 4/28/2016 $45.00 4/28/2016 5/26/2016 $25.00 $25.00 5/26/2016 $85.00 5/26/2016 6/21/2016 $25.00 $25.00 6/21/2016 $1,022.07 4/1/2016 $25.00 4/28/2016 $45.00 4/28/2016 $25.00 5/13/2016 $25.00 5/20/2016 $75.00 5/26/2016 $25.00 6/3/2016 $25.00 6/21/2016 $25.00 $270.00 4/1/2016 $25.00 6/21/2016 $30.00 $80.00 4/7/2016 $40.35 Total $1,562.42 CITY OF ROHNERT PARK .: BILLS FOR ACCEPTANCE July 26, 2016 Check Numbers: 232977 - 233381 $2,908,857.87 Dated: July 1, 2016 - July 19, 2016 TOTAL $2,908,857.87 Accounts Payable Checks for Approval Use-: gburke Printed: 7/19/2016 - 2:48 PM Check Number Check Date Fund Name Account Name Vendor Name 232977 07/05/2016 ISF - Fleet Uniforms & Laundry Service -Fie Aramark Uniform Services 232977 07/05/2016 ISF - Fleet Uniforms & Laundry Service-Fle Aramark Uniform Services 232977 07/05/2016 General Fund Uniforms & Laundry Service -PW Aramark Uniform Services 232977 07/05/2016 Sewer Utility Fund Uniforms & Laundry Service-Swr Aramark Uniform Services 232977 07/05/2016 Water Utility Fund Uniforms & Laundry Sery - W Aramark Uniform Services 232977 07/05/2016 General Fund Uniforms & Laundry Serv-Street Aramark Uniform Services 232977 07/05/2016 General Fund JEPA Mtn/Contractual Services Aramark Uniform Services 232977 07/05/2016 General Fund Uniforms Laundry Ser - Parks Aramark Uniform Services 232983 07/05/2016 General Fund Supplies - CH Check Total: 232978 07/05/2016 General Fund Benecia Pool /Contractual S Associated Services 232978 07/05/2016 General Fund H Pool /Contracted Services Associated Services 232978 07/05/2016 General Fund R.P. Comm. Cntr /Contractual S Associated Services Check Total: 232979 07/05/2016 General Fund Supplies - Park Maint Bartley Pump, Inc Check Total: 232980 07/05/2016 General Fund Comm Events/Conracted Svc Big 4 Party Rentals Inc Check Total: 232981 07/05/2016 General Fund Sports Center /Contractual S Pete Breeland 232981 07/05/2016 General Fund Sports Center /Contractual S Pete Breeland Check Total 232982 07/05/2016 Capital Projects Fund University Dist. Specific Plan Brelje & Race Laboratories Inc 232982 07/05/2016 Capital Projects Fund University Dist. Specific Plan Brelje & Race Laboratories Inc 232982 07/05/2016 Capital Projects Fund University Dist. Specific Plan Brelje & Race Laboratories Inc Check Total. 232983 07/05/2016 General Fund Supplies - CH Buchanan Food Service Page 1 of 42 Void Amount 19.46 27.88 30.28 30.68 34.28 14.65 6.27 41.15 204.65 68.95 68.95 32.95 170.85 10.00 10.00 390.00 390.00 52.00 26.00 78.00 646.00 646.00 34.00 1,326.00 177.51 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 177.51 232984 07/05/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 4,016.12 232984 07/05/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 969.33 Check Total: 4,985.45 232985 07/05/2016 Capital Projects Fund Retention Payable - CIP Carr's Construction Services Inc 31,572.16 Check Total: 31,572.16 232986 07/05/2016 General Fund Self Insured Losses -Parks City Electric Supply 1,065.18 232986 07/05/2016 General Fund Self Insured Losses -Parks City Electric Supply 4.92 232986 07/05/2016 General Fund Sales Tax Payable City Electric Supply -4.92 Check Total: 1,065.18 232987 07/05/2016 General Fund Police /Contractual S Co of Sonoma Information Systems Depar 7,090.00 232987 07/05/2016 General Fund Printing Services - Finance Co of Sonoma Information Systems Depar 1,012.85 Check Total: 8,102.85 232988 07/05/2016 General Fund Dev Svs /Contractual Services Code Source 1,310.00 Check Total: 1,310.00 232989 07/05/2016 General Fund PS/ PS Services Richard F Cole 10.00 Check Total: 10.00 232990 07/05/2016 General Fund Ps Main Station /Telephone Comcast 17.68 Check Total: 17.68 232991 07/05/2016 General Fund P/S Bldg -North /Telephone Comcast 3.26 Check Total: 3.26 232992 07/05/2016 General Fund P/S Bldg -South /Telephone Comcast 6.12 Check Total: 6.12 232993 07/05/2016 Casino Public. Service RPSC/ Contracted Services Conservation Corps North Bay 6,375.40 Check Total: 6,375.40 232994 07/05/2016 PFFP Fund Non -capital project exp-PFFP Dudek 212.50 Check Total: 212.50 232995 07/05/2016 General Fund Mary Popp/Big Fish--SummerProg Denise Elia-Yen 3,000.00 Page 2 of 42 Check Number Check Date Fund Name 232996 07/05/2016 ISF - Fleet 232996 07/05/2016 ISF - Fleet 232997 07/05/2016 General Fund 232998 07/05/2016 General Fund 232999 07/05/2016 General Fund 232999 07/05/2016 General Fund 232999 07/05/2016 General Fund 232999 07/05/2016 General Fund 232999 07/05/2016 General Fund 232999 07/05/2016 General Fund 233000 07/05/2016 ISF - Fleet 233001 07/05/2016 Capital Projects Fund 233001 07/05/2016 Capital Projects Fund 233002 07/05/2016 ISF - Fleet 233002 07/05/2016 ISF - Fleet 233003 0.7/05/2016 General Fund 233004 07/05/2016 ISF - Fleet 233004 07/05/2016 ISF - Fleet 233004 07/05/2016 General Fund 233005 07/05/2016 Capital Projects Fund 233005 07/05/2016 General Fund Account Name Vendor Name Check Total: Fleet/Vehicle Repair & Maint Fastenal Fleet/Vehicle Repair & Maint Fastenal Check Total: Pac /Facility Repa Fishman Supply Company Check Total: Unleaded Fuel Inventory Flyers Energy Check Total: Supplies - Park Maint Friedman's Home Improvement Supplies - Park Maint Friedman's Home Improvement Sales Tax Payable Friedman's Home Improvement Supplies - Streets & Bike Friedman's Home Improvement Supplies - Streets & Bike Friedman's Home Improvement Sales Tax Payable Friedman's Home Improvement Check Total: Fleet/Vehicle Repair & Maint GCR Tires & Service Check Total: Sports Ctr Locker -room Rehab GHD OF -55 PS Main HVAC Replcmnt GHD Check Total: Fleet/Vehicle Repair & Maint Hansel Ford Fleet/Vehicle Repair & Maint Hansel Ford Check Total: Burt/Ave Rec Cr /Contractual S The Hitmen Termite & Pest Control Check Total: Fleet/Vehicle Repair & Maint John Deere Financial Fleet/Vehicle Repair & Maint John Deere Financial Sales Tax Payable John Deere Financial Check Total: PR -71 Benicia Pool Renovatins Kelly Moore Paint Company, Inc Supplies - Streets & Bike Kelly Moore Paint Company, Inc Page 3 of 42 Void Amount 3,000.00 78.20 193.56 271.76 464.65 464.65 716.11 716.11 7.03 0.03 -0.03 89.09 0.41 -0.41 96.12 86.93 86.93 528.00 4,610.50 5,138.50 107.03 111.10 218.13 60.00 60.00 44.63 0.21 -0.21 44.63 49.29 42.30 Check Number Check Date Fund Name 233005 07/05/2016 General Fund 233005 07/05/2016 General Fund 233006 07/05/2016 General Fund 233007 07/05/2016 General Fund 233008 07/05/2016 Capital Projects Fund 233008 07/05/2016 Capital Projects Fund 233009 07/05/2016 General Fund 233010 233011 233012 233012 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 233013 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 07/05/2016 General Fund Water Utility Fund Sewer Utility Fund Water Utility Fund Sewer Utility Fund Water Utility Fund ISF - Fleet General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Account Name Vendor Name Streets - IT Services Kelly Moore Paint Company, Inc Supplies - Park Maint Kelly Moore Paint Company, Inc Check Total: Mary Popp/Big Fish--SummerProg Christine Meals Rec Ref Clearing OF -55 PS Main HVAC Replcmnt Retention Payable - CIP Sports Center /Contractual S Business License Revenue System Repair - WTR Entr Sewer Entr/Contractual Svs Water Entr/Contractual Svs Sewer Entr. /Heat/Light/Po Water Entr. /Heat/Light/Po Fleet/Heat/Light/Power City Hall /Heat/Light/Po City Hall Annex /Heat/Light/Po Animal Shelter /Heat/Light/Pow Ps Main Station /Heat/Light/Po P/S Bldg -North /Heat/Light/Po P/S Bldg -South /Heat/Light/Po Streets & Bike /Heat/Light/Po Park Maint /Heat/Light/Po Gold Ridge/Heat/Light/Power Senior Ctr /Heat/Light/Pow Benecia Pool /Heat/Light/Po H Pool /Heat/Light/Po Page 4 of 42 Check Total: Gabriela Mendoza Check Total: Mesa Energy System Mesa Energy System Check Total: Diane Micheli Check Total: MOMA LLC Check Total: Municipal Maintenance Equipment Check Total: OFFICE TEAM OFFICE TEAM Check Total: Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Void Amount 36.97 41.54 170.10 1,500.00 1,500.00 400.00 400.00 28,063.69 -1,403.18 26,660.51 316.80 316.80 37.78 37.78 1,146.53 1,146.53 565.20 565.20 1,130.40 6,189.36 47,854.50 -959.12 239.48 1,116.79 1,760.50 7.418.77 746.23 182.16 22,381.09 4,526.55 669.99 1,972.77 -740.38 266.65 Check Number Check Date Fund Name Account Name Vendor Name 233013 07/05/2016 General Fund Magnolia Pool /Heat/Light/Pow Pacific Gas & Electric 233013 07/05/2016 General Fund Sports Center /Heat/Light/Po Pacific Gas & Electric 233013 07/05/2016 General Fund R.P. Comm. Cntr /Heat/Light/Po Pacific Gas & Electric 233013 07/05/2016 General Fund Burt/Ave Rec Cr /Heat/Light/Po Pacific Gas & Electric 233013 07/05/2016 General Fund Ladybug Rec Bld Bldg/Facilty Pacific Gas & Electric 233013 07/05/2016 General Fund Pac /Heat/Light/Po Pacific Gas & Electric Check Total: 233014 07/05/2016 General Fund Streets & Bike /Heat/Light/Po Pacific Gas & Electric Check Total: 233015 07/05/2016 General Fund Streets & Bike /Heat/Light/Po Pacific Gas & Electric Check Total: 233016 07/05/2016 General Fund James Pekkain Check Total: 233017 07/05/2016 General Fund SC/ Concession Purchases Pepsi-Cola Check Total: 233018 07/05/2016 General Fund Rec Ref Clearing Jaime Ramirez Check Total: 233019 07/05/2016 General Fund Supplies - PW Redwood Lock & Key Check Total: 233020 07/05/2016 General Fund Supplies - Streets & Bike Reliable Hardware & Steel Co. Check Total: 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233021 07/05/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts Check Total: 233022 07/05/2016 General Fund Paul Skanchy Check Total: 233023 07/05/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. Page 5 of 42 Void Amount 1,223.38 5,617.29 2,037.39 266.05 398.87 5,912.36 109,080.68 9.86 9.86 387.51 387.51 1,428.80 1,428.80 292.80 292.80 375.00 375.00 8.97 8.97 210.44 210.44 91.24 50.94 159.97 61.88 32.54 280.49 677.06 166.64 166.64 247.62 Check Number Check Date Fund Name Account Name 233023 07/05/2016 Water Utility Fund System Repair - WTR Entr 233023 07/05/2016 General Fund Sales Tax Payable 233024 07/05/2016 General Fund 233025 07/05/2016 General Fund Supplies - FIN 233026 07/05/2016 General Fund SC/ Repairs & Maintenance 233026 07/05/2016 General Fund Pac /Facility Repa 233026 07/05/2016 General Fund R.P. Comm. Cntr Bldg/Facilty 233026 07/05/2016 General Fund Burt/Ave Rec Cr Bldg/Facilty 233026 07/05/2016 General Fund Senior Ctr Bldg/Facilty 233026 07/05/2016 General Fund R.P. Comm. Cntr Bldg/Facilty 233026 07/05/2016 General Fund H Pool /Bldg/Facilty 233027 07/05/2016 General Fund 233051 07/06/2016 General Fund Printing Services - Finance 233051 07/06/2016 Sewer Utility Fund Printing Services - Swr 233051 07/06/2016 Water Utility Fund Printing Servcies - Water 233051 07/06/2016 Sewer Utility Fund Printing Services - Swr 233051 07/06/2016 Water Utility Fund Printing Servcies - Water 233051 07/06/2016 General Fund Printing Services - Finance 233051 07/06/2016 Sewer Utility Fund Printing Services - Swr 233051 07/06/2016 Water Utility Fund Printing Servcies - Water 233052 07/06/2016 Sewer Utility Fund Sewer Entr. /Spec Dept Equ 233053 07/06/2016 General Fund Supplies - Fire 233054 07/06/2016 ISF - Fleet Fleet/Haz Mat Disposal 233054 07/06/2016 ISF - Fleet Uniforms & Laundry Service-Fle Page 6 of 42 Vendor Name Syar Industries, Inc. Syar Industries, Inc. Check Total:. John Thompson Check Total: Trope Group Check Total Universal Building Services Universal Building Services Universal Building Services Universal Building Services Universal Building Services Universal Building Services Universal Building Services Check Total: Robert H. Williams Check Total: Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Ad Vantage Marketing Check Total: Alhambra & Sierra Springs Check Total: All Star Fire Equipment, Inc. Check Total: Aramark Uniform Services Aramark Uniform Services Void Amount 1.15 -1.15 247.62 802.30 802.30 326.12 326.12 1,336.00 2,730.00 580.00 580.00 2,306.00 260.00 960.00 8,752.00 1,042.11 1,042.11 174.40 28.05 28.05 24.57 24.57 167.99 452.35 452.36 1,352.34 68.79 68.79 4,957.70 4,957.70 246.55 19.46 Check Number Check Date Fund Name Account Name 233055 07/06/2016 General Fund Sports Center/Telephone 233056 07/06/2016 Sewer Utility Fund Sewer/Cell Phone 233056 07/06/2016 Water Utility Fund Water/Cell Phone 233056 07/06/2016 ISF - Information Technology Cellular Phones - IT 233056 07/06/2016 ISF - Fleet Fleet/Cell Phone 233056 07/06/2016 General Fund City Manager /Cellular Phone 233056 07/06/2016 General Fund Dev Svs /Cell Phone 233056 07/06/2016 General Fund HR /Cellular Phone 233056 07/06/2016 General Fund Police / Cell Phone 233056 07/06/2016 General Fund Fire / Cell Phone 233056 07/06/2016 General Fund Animal Control/ Cell Phone 233056 07/06/2016 General Fund Publ Works Gen /Cellular Phone 233056 07/06/2016 General Fund Streets & Bikes/Cellular Phon 233056 07/06/2016 General Fund Senior Ctr /Cellular Phone 233056 07/06/2016 General Fund Park Maint /Cellular Phone 233056 07/06/2016 General Fund JEPA Mtn/ Cell Phone 233057 07/06/2016 General Fund Publ Works Gen /Telephone 233058 07/06/2016 General Fund Publ Works Gen /Telephone 233059 07/06/2016 General Fund Benecia Pool /Telephone 233060 07/06/2016 Sewer Utility Fund Sewer Entr. /Telephone 233061 07/06/2016 General Fund Publ Works Gen /Telephone 233062 07/06/2016 Sewer Utility Fund Sewer Entr. /Telephone 233063 07/06/2016 General Fund R.P. Comm. Cntr /Telephone Page 7 of 42 Vendor Name Check Total: AT&T Check Total: AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY Check Total: AT&T Check Total.- otal:AT&T AT&T Check Total: AT&T Check Total: AT&T Check Total. AT&T Check Total: AT&T Check Total: AT&T Void Amount 266.01 117.18 117.18 255.25 296.65 131.14 53.22 54.28 159.91 77.92 1,000.06 316.64 39.70 102.62 154.02 26.70 180.72 24.70 2,873.53 17.38 17.38 38.52 38.52 38.74 38.74 72.28 72.28 34.79 34.79 19.26 19.26 37.23 Check Number Check Date Fund Name Account Name Vendor Name Check Total: 233064 07/06/2016 General Fund R.P. Comm. Cntr /Telephone AT&T Check Total: 233065 07/06/2016 ISF - Fleet Fleet/Telephone AT&T Check Total: 233066 07/06/2016 General Fund Pac /Telephone AT&T Check Total: 233067 07/06/2016 ISF - Fleet Fleet/Telephone AT&T Check Total 233068 07/06/2016 General Fund Supplies - Park Maint The Barricade Company 233068 07/06/2016 General Fund SC/ Repairs & Maintenance The Barricade Company 233068 07/06/2016 General Fund Supplies - Streets & Bike The Barricade Company 233068 07/06/2016 General Fund Supplies - Streets & Bike The Barricade Company 233068 07/06/2016 General Fund Sales Tax Payable The Barricade Company Check Total: 233069 07/06/2016 ISF - Information Technology Hardware Maintenance BECK COMMUNICATIONS Check Total: 233070 07/06/2016 General Fund Comm Events/Conracted Svc Big 4 Party Rentals Inc Check Total: 233071 07/06/2016 General Fund Sports Center /Contractual S BOLT STAFFING SERVICE, INC. Check Total: 233072 07/06/2016 General Fund Ps Main Station /Bldg/Facilty Buchanan Food Service Check Total: 233073 07/06/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 233073 07/06/2016 Rent Appeals Board RAB/Non-Petition Legal Burke, Williams & Sorensen, LLP 233073 07/06/2016 Capital Projects Fund Sonoma Mtn Village Project Burke, Williams & Sorensen, LLP 233073 07/06/2016 Capital Projects Fund Southeast Dist. Specific Plan Burke, Williams & Sorensen, LLP 233073 07/06/2016 Capital Projects Fund University Dist. Specific Plan Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP Page 8 of 42 Void Amount 37.23 36.67 36.67 173.59 173.59 266.66 266.66 73.37 73.37 48.71 48.72 258.72 1.19 -1.19 356.15 2,998.00 2,998.00 390.00 390.00 1,898.11 1,898.11 259.39 259.39 24,290.68 3,467.88 2,273.96 3,540.16 13,530.40 4,563.00 4,290.00 361.00 Check Number Check Date Fund Name Account Name Vendor Name 233073 07/06/2016 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Expenses Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Expenses Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Expenses Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund 2297 Expenses Burke, Williams & Sorensen, LLP 233073 07/06/2016 General Fund Legal Dept / Legal Fees Burke, Williams & Sorensen, LLP 233073 07/06/2016 Capital Projects Fund Southeast Dist. Specific Plan Burke, Williams & Sorensen, LLP 233073 07/06/2016 Wilfred Widening Maintenc J1 TR -108 Wilfrd Rep Outside City Burke, Williams & Sorensen, LLP 233073 07/06/2016 Casino Public Service TR -108 Wilfrd Rep Inside City Burke, Williams & Sorensen, LLP Check Total: 233074 07/06/2016 Water Utility Fund Water Entr. /Professional Caltest Analytical Laboratory Check Total: 233075 07/06/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Carl's Body Shop 233075 07/06/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Carl's Body Shop 233075 07/06/2016 General Fund Sales Tax Payable Carl's Body Shop Check Total: 233076 07/06/2016 General Fund Senior Ctr Bldg/Facilty CASCO Check Total: 233077 07/06/2016 General Fund Supplies - PW City Electric Supply Check Total: 233078 07/06/2016 General Fund Mary Pop/Big Fish -Summer Prog Clone Digital Print & Copy Check Total: 233079 07/06/2016 General Fund Dev Svs /Contractual Services Code Source Check Total: 233080 07/06/2016 Capital Projects Fund Sidewalk Access Ramps ADA Upgr Coggins Fence & Supply, Inc. Check Total: 233081 07/06/2016 ISF - Fleet FleeWehicle Repair & Maint Cummins Pacific Page 9 of 42 Void Amount -361.00 361.00 208.00 -208.00 208.00 1,363.44 897.00 -897.00 897.00 18,306.45 18,306.45 18,306.45 403.52 10,584.37 1,259.70 1,259.70 90,599.26 1,098.00 1,098.00 2,524.78 2.35 -2.35 2,524.78 152.50 152.50 194.81 194.81 255.56 255.56 190.00 190.00 4,998.17 4,998.17 100.00 Check Number Check Date Fund Name Account Name 233082 07/06/2016 ISF - Information Technology IT/ Equipment Lease 233082 07/06/2016 ISF - Information Technology IT/ Equipment Lease 233083 07/06/2016 General Fund Pac /Concessions 233084 07/06/2016 General Fund Mary Pop/Big Fish -Summer Prog 233085 07/06/2016 Sewer Utility Fund Training & Travel - SWR PW 233086 07/06/2016 General Fund Sports Center /Contractual S 233087 07/06/2016 General Fund Supplies - Park Maint 233087 07/06/2016 General Fund Supplies - Park Maint 233087 07/06/2016 General Fund Sales Tax Payable 233088 07/06/2016 General Fund City Manager /Contractual Se 233089 07/06/2016 Water Utility Fund Water Entr. /Small Tools 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr 233089 07/06/2016 General Fund Publ Works Gen /Small Tools 233089 07/06/2016 General Fund Supplies - Park Maim 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr 233089 07/06/2016 General Fund Supplies - Park Maint 233089 07/06/2016 General Fund Publ Works Gen /Small Tools 233089 07/06/2016 General Fund Supplies - Park Maint 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr 233089 07/06/2016 General Fund SC/ Repairs & Maintenance 233089 07/06/2016 General Fund Ps Main Station /Bldg/Facilty 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr 233089 07/06/2016 General Fund H Pool /Bldg/Facilty 233089 07/06/2016 General Fund Supplies - PW 233089 07/06/2016 General Fund Supplies - Park Maint Page 10 of 42 Vendor Name Check Total: Dell Financial Services Dell Financial Services Check Total: Department of Alcoholic Beverage Contro Check Total: Electric Crayon Inc Check Total: Excal Visual Inc. Check Total: First Alarm Securities Services Check Total: Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Check Total: Government Staffing Services Inc Check Total: Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Void Amount 100.00 160.26 92.11 252.37 300.00 300.00 783.00 783.00 1,108.75 1,108.75 289.23 289.23 84.46 0.39 -0.39 84.46 3,895.50 3,895:50 -402.59 32.64 69.87 36.86 52.60 6.06 194.67 137.18 166.31 239.04 75.17 444.89 0.62 178.39 295.58 145.38 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233089 07/06/2016 General Fund SC/ Repairs & Maintenance Grainger, Inc. 18.49 233089 07/06/2016 General Fund SC/ Repairs & Maintenance Grainger, Inc. 210.12 233089 07/06/2016 General Fund H Pool Bldg/Facilty Grainger, Inc. 55.36 233089 07/06/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 30.91 233089 07/06/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 199.67 233089 07/06/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 156.43 233089 07/06/2016 General Fund Supplies - Park Maint Grainger, Inc. 2,230.01 233089 07/06/2016 General Fund . Supplies - Streets & Bike Grainger, Inc. 87.69 233089 07/06/2016 General Fund Supplies - Park Maint Grainger, Inc. 19.80 233089 07/06/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 144.42 233089 07/06/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 58.46 233089 07/06/2016 General Fund Supplies - AS Grainger, Inc. 11.24 233089 07/06/2016 General Fund Supplies - PS Main Station Grainger, Inc. 228.10 233089 07/06/2016 General Fund Supplies - Park Maint Grainger, Inc. 278.80 233089 07/06/2016 Sewer Utility Fund Supplies - SWR Entr Grainger, Inc. 9.02 233089 07/06/2016 Water Utility Fund System Repair - WTR Entr Grainger, Inc. 17.10 233089 07/06/2016 General Fund Supplies - Park Maint Grainger, Inc. 10.57 233089 07/06/2016 Water Utility Fund System Repair - WTR Entr Grainger, Inc. 17.10 233089 07/06/2016 General Fund Supplies - Park Maint Grainger, Inc. 17.78 Check Total: 5,473.74 233090 07/06/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Hansel Ford 526.99 Check Total: 526.99 233091 07/06/2016 Water Utility Fund Supplies - WTR Entr HDS WHITE CAP CONST SUPPL 149.99 233091 07/06/2016 Water Utility Fund Supplies - WTR Entr HDS WHITE CAP CONST SUPPL 0.68 233091 07/06/2016 General Fund Sales Tax Payable HDS WHITE CAP CONST SUPPL -0.68 233091 07/06/2016 Water Utility Fund Supplies - WTR Entr HDS WHITE CAP CONST SUPPL 169.34 233091 07/06/2016 Water Utility Fund Supplies - WTR Entr HDS WHITE CAP CONST SUPPL 0.78 233091 07/06/2016 General Fund Sales Tax Payable HDS WHITE CAP CONST SUPPL -0.78 Check Total: 319.33 233092 07/06/2016 ISF - Fleet Fleet/Vehicle Repair & Maint HERC Rentals Inc. 549.18 233092 07/06/2016 General Fund Equipment Rental - St & Bk HERC Rentals Inc. 1,370.25 233092 07/06/2016 General Fund Equipment Rental - St & Bk HERC Rentals Inc. 92.44 Check Total: 2,011.87 233093 07/06/2016 General Fund Dev Svs /Contractual Services Illingworth & Rodkin 2,590.00 Check Total: 2,590.00 233094 07/06/2016 General Fund Training & Travel - City Mgr DARRIN JENKINS 201.20 Page 11 of 42 Check Number Check Date Fund Name 233095 07/06/2016 ISF - Fleet 233095 07/06/2016 ISF - Fleet 233095 07/06/2016 General Fund 233096 07/06/2016 General Fund 23 3097 07/06/2016 General Fund 233098 07/06/2016 General Fund 233098 07/06/2016 General Fund 233098 07/06/2016 General Fund 233099 07/06/2016 Water Utility Fund 233099 07/06/2016 Sewer Utility Fund 233099 07/06/2016 Sewer Utility Fund 233099 07/06/2016 General Fund 233100 07/06/2016 General Fund 233101 07/06/2016 General Fund 233102 07/06/2016 General Fund 233102 07/06/2016 General Fund 233102 07/06/2016 General Fund 233103 07/06/2016 General Fund 233103 07/06/2016 General Fund 233103 07/06/2016 ISF - Fleet 233103 07/06/2016 Sewer Utility Fund Account Name Vendor Name Void Amount Check Total: 201.20 Fleet/Vehicle Repair & Maint John Deere Financial 81.51 Fleet/Vehicle Repair & Maint John Deere Financial 0.38 Sales Tax Payable John Deere Financial -0.38 Check Total: 81.51 Training & Travel - City Mgr Kerry Rego Consulting 750.00 Check Total: 750.00 Animal Control /Contractual S Koefran Industries 400.00 Check Total: 400.00 Supplies - Police MARKELL INC. 719.32 Supplies - Police MARKELL INC. 3.32 Sales Tax Payable MARKELL INC. -3.32 Check Total: 719.32 Water Entr. /Spec Dept Equ Municipal Maintenance Equipment -182.28 Sewer Entr. /Spec Dept Equ Municipal Maintenance Equipment 370.23 Sewer Entr. /Spec Dept Equ Municipal Maintenance Equipment 1.65 Sales Tax Payable Municipal Maintenance Equipment -1.65 Check Total: 187.95 Office Supplies - Finance National Document Solutions, LLC 32.68 Check Total: 32.68 Faclty Non-Routin Main -PS Main Northbay Petroleum 345.01 Check Total: 345.01 Recruitment - SrC Occupational Health Centers of California 152.00 Benicia Pool/ Recruitment Occupational Health Centers of California 105.75 H Pool/Recruitment Occupational Health Centers of California 105.75 Check Total: 363.50 Supplies - FIN Office Depot 65.22 Supplies - Park Maint Office Depot 163.12 Supplies - Fleet Office Depot 318.59 Office Supplies - SWR Entr Office Depot 179.65 Check Total: 726.58 Page 12 of 42 Check Number Check Date Fund Name 233104 07/06/2016 Water Utility Fund 233104 07/06/2016 Water Utility Fund 233105 07/06/2016 ISF - Fleet 233105 07/06/2016 ISF - Fleet 233105 07/06/2016 General Fund 233105 07/06/2016 ISF - Fleet 233106 233107 233108 233109 233110 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 General Fund General Fund ISF - Fleet General Fund General Fund 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF -Fleet 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF - Fleet 233111 07/06/2016 ISF - Fleet 233112 07/06/2016 General Fund 233112 07/06/2016 General Fund 233112 07/06/2016 General Fund 233113 07/06/2016 Water Utility Fund Account Name System Repair - WTR Entr System Repair - WTR Entr Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Sales Tax Payable Fleet/Vehicle Repair & Maint First Aid Supp - Fire City Hall /Rent/Lease/Ta Fleet/Vehicle Repair & Maint Supplies - Park Maint Medications - AS Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Fleet/Vehicle Repair & Maint Police /Uniforms Police /Uniforms Police /Uniforms System Repair - WTR Entr Page 13 of 42 Vendor Name Pace Supply Pace Supply Check Total: Peterson Trucks, Inc Peterson Trucks, Inc Peterson Trucks, Inc Peterson Trucks, Inc Check Total: PHYSICO CONTROL INC Check Total: Pitney Bowes Check Total: Powerplan Check Total: Redwood Lock & Key Check Total:. ROADRUNNER PHARMACY Check Total: Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Check Total: Santa Rosa Uniform & Career Apparel Santa Rosa Uniform & Career Apparel Santa Rosa Uniform & Career Apparel Check Total: Shamrock Materials Void Amount 619.88 799.16 1,419.04 8,188.85 16.13 -16.13 3,522.23 11,711.08 1,442.25 1,442.25 669.42 669.42 401.77 401.77 61.88 61.88 109.10 109.10 57.78 207.82 517.67 188.58 78.81 1.95 53.74 165.28 1,271.63 93.25 194.55 -49.92 237.88 157.32 Check Number Check Date Fund Name Account Name 233113 07/06/2016 Water Utility Fund System Repair - WTR Entr 233113 07/06/2016 General Fund Sales Tax Payable 233114 07/06/2016 SECA - State Seized Assets State Seizure Pending -Payable 233114 07/06/2016 SECA - State Seized Assets Interest Inc State Seized Asse 233115 07/06/2016 233115 07/06/2016 233115 07/06/2016 233116 07/06/2016 233116 07/06/2016 233117 233118 233118 233118 233119 233119 233119 233119 233119 233119 233120 233121 233122 233122 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 07/06/2016 Sewer Utility Fund Supplies - SWR Entr Sewer Utility Fund Supplies - SWR Entr General Fund Sales Tax Payable SECA - State Seized Assets State Seizure Pending -Payable SECA - State Seized Assets Interest Inc State Seized Asse General Fund General Fund General Fund General Fund Water Utility Fund Water Utility Fund General Fund Water Utility Fund Water Utility Fund General Fund General Fund General Fund Sewer Utility Fund Sewer Utility Fund Police /Contractual S Supplies - Park Maint Supplies - Park Maint Sales Tax Payable System Repair - WTR Entr System Repair - WTR Entr Sales Tax Payable System Repair - WTR Entr System Repair - WTR Entr Sales Tax Payable Medications - AS Other Services Supplies - SWR Entr Supplies - SWR Entr Page 14 of 42 Vendor Name Void Shamrock Materials Shamrock Materials Check Total: Joshua Silverstein Joshua Silverstein Check Total: Soiland Co., Inc. Soiland Co., Inc. Soiland Co., Inc. Check Total: Sonoma County Office of the District Atte Sonoma County Office of the District Atto Check Total: Sonoma County Sheriffs Office Check Total: Sweet Lane Wholesale Nursery Sweet Lane Wholesale Nursery Sweet Lane Wholesale Nursery Check Total: Syar Industries, Inc. Syar Industries, Inc. Syar Industries, Inc. Syar Industries, Inc. Syar Industries, Inc. Syar Industries, Inc. Check Total: KEVIN TALLY Check Total: The Community Voice Check Total: Tifco Industries Tifco Industries Amount -0.72 0.72 157.32 764.00 3.86 767.86 54.63 0.25 -0.25 54.63 2,222.00 11.22 2,233.22 3,051.00 3,051.00 422.18 1.95 -1.95 422.18 550.72 2.55 -2.55 349.65 1.61 -1.61 900.37 250.00 250.00 468.00 468.00 525.98 2.30 Check Number Check Date Fund Name 233122 07/06/2016 General Fund 233123 07/06/2016 General Fund 233124 07/06/2016 General Fund 233125 07/06/2016 General Fund 233126 07/06/2016 General Fund 233127 07/06/2016 General Fund 233128 07/06/2016 General Fund 233129 07/06/2016 General Fund 233129 07/06/2016 General Fund 233130 07/06/2016 General Fund 233131 07/06/2016 General Fund 233132 07/06/2016 General Fund 233133 07/06/2016 General Fund 233133 07/06/2016 General Fund 233133 07/06/2016 General Fund 233134 07/11/2016 General Fund 233134 07/11/2016 General Fund Account Name Sales Tax Payable Supplies - Civil Defense Police /Community Pro Court Order Payable HSABank Payable Supp Life W/H Payable Def Comp Payable-Gw Def Comp Payable-Gw Def Comp Payable-Gw Rpea Dues Scope Dues Payable United Way Payable Eye Care/VSP/Payables Eye Care - Retiree Med Eye Care - Retiree Med Def Comp Payable-Gw Def Comp Payable-Gw Page 15 of 42 Vendor Name Tifco Industries Check Total: Trope Group Check Total: West Coast Graphics Check Total: CA FRANCHISE TAX BOARD Check Total: HSA Bank Check Total: LINCOLN NATIONAL LIFE INS CO Check Total: Nationwide Retirement Solutions Check Total: Nationwide Retirement Solutions Nationwide Retirement Solutions Check Total: CITY OF ROHNERT PARK Check Total: SEIU Local 1021 Check Total: United Way Check Total: Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Check Total: Nationwide Retirement Solutions Nationwide Retirement Solutions Void Amount -2.30 525.98 2,374.22 2,374.22 54.38 54.38 484.02 484.02 1,623.00 1,623.00 1,137.10 1,137.10 3,141.76 3,141.76 3,479.84 1,575.00 5,054.84 615.00 615.00 1,164.14 1,164.14 43.26 43.26 2,968.19 83.00 400.24 3,451.43 400.00 200.00 Check Number Check Date Fund Name Account Name Vendor Name Check Total. 233135 07/13/2016 Capital Projects Fund 1401 Snyder non -capital Fast Mart Check Total: 233136 07/13/2016 General Fund KEITH ASTLEY Check Total: 233137 07/13/2016 General Fund Ps Main Station /Telephone AT&T Check Total: 233138 07/13/2016 General Fund H Pool /Telephone AT&T 233138 07/13/2016 General Fund Benecia Pool /Telephone AT&T 233138 07/13/2016 General Fund Magnolia Pool /Telephone AT&T Check Total: 233139 07/13/2016 General Fund R.P. Comm. Cntr /Telephone AT&T Check Total: 233140 07/13/2016 General Fund Ps Main Station /Telephone AT&T Check Total: 233141 07/13/2016 General Fund Animal Shelter /Telephone AT&T Check Total: 233142 07/13/2016 General Fund Ps Main Station /Telephone AT&T Check Total: 233143 07/13/2016 General Fund City Hall /Telephone AT&T Check Total: 233144 07/13/2016 General Fund Animal Shelter /Telephone AT&T Check Total: 233145 07/13/2016 General Fund Publ Works Gen /Telephone AT&T Check Total: 233146 07/13/2016 General Fund Ps Main Station /Telephone AT&T Check Total: Page 16 of 42 Void Amount 600.00 50.00 50.00 65.00 65.00 111.37 111.37 18.96 18.96 18.95 56.87 36.49 36.49 73.30 73.30 37.39 37.39 75.10 75.10 71.10 71.10 36.49 36.49 72.90 72.90 271.93 271.93 Check Number Check Date Fund Name 233147 07/13/2016 General Fund 233148 07/13/2016 General Fund 233149 07/13/2016 General Fund 233150 07/13/2016 General Fund 233151 07/13/2016 Rent Appeals Board 233151 07/13/2016 Rent Appeals Board 233151 07/13/2016 Rent Appeals Board 233151 07/13/2016 Rent Appeals Board 233152 07/13/2016 General Fund 233153 07/13/2016 Water Utility Fund 233154 07/13/2016 General Fund 233155 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233156 07/13/2016 General Fund 233157 07/13/2016 General Fund Account Name City Hall /Telephone Publ Works Gen /Telephone City Hall /Telephone Publ Works Gen /Telephone RAB/Non-Petition Legal System Repair - RAB Petition Revenue Rancho Verde Cap Imp Applicati Supplies - DS Water Entr. Bldg/Facilty Productions/Production City Manager /Contractual Se R.P. Comm. Cntr Bldg/Facilty R.P. Comm. Cntr Bldg/Facilty R.P. Comm. Cntr Bldg/Facilty Supplies - B Pool R.P. Comm. Cntr Bldg/Facilty R.P. Comm. Cntr Bldg/Facilty R.P. Comm. Cntr Bldg/Facilty Supplies - Park Maint Supplies - Streets & Bike Page 17 of 42 Vendor Name AT&T Check Total: AT&T Check Total: AT&T Check Total: AT&T Check Total: Burke, Williams & Sorensen, LLP Burke, Williams & Sorensen, LLP Burke, Williams & Sorensen, LLP Burke, Williams & Sorensen, LLP Check Total: CDW Government Check Total: Complete Welders Supply Check Total: Schary Fugitt Check Total: Government Staffing Services Inc Check Total: Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Check Total: Horizon Void Amount 71.10 71.10 71.32 71.32 181.82 181.82 36.74 36.74 400.00 2,070.00 -2,070.00 2,070.00 2,470.00 73.60 73.60 53.18 53.18 200.00 200.00 3,736.50 3,736.50 73.73 71.87 5.84 97.18 41.81 268.44 134.22 118.98 812.07 32.71 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 0.15 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.15 233157 07/13/2016 Sewer Utility Fund Supplies - SWR Entr Horizon 107.32 233157 07/13/2016 Sewer Utility Find Supplies - SWR Entr Horizon 0.49 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.49 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 23.46 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 0.11 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.11 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon -1,966.73 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon -9.08 233157 07/13/2016 General Fund Sales Tax Payable Horizon 9.08 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 152.59 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 0.70 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.70 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 139.83 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 0.64 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.64 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 145.56 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 0.68 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.68 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 191.92 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 0.88 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.88 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 1,197.24 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 3.78 233157 07/13/2016 General Fund Sales Tax Payable Horizon -3.78 233157 07/13/2016 General Fund Supplies - Park Maint Horizon -105.28 233157 07/13/2016 General Fund Supplies - Park Maint Horizon -1.19 233157 07/13/2016 General Fund Sales Tax Payable Horizon 1.19 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 111.53 233157 07/13/2016 General Fund Supplies - Park Maint Horizon 0.52 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.52 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 234.88 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 1.09 233157 07/13/2016 General Fund Sales Tax Payable Horizon -1.09 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 92.42 233157 07/13/2016 General Fund Supplies - Streets & Bike Horizon 0.43 233157 07/13/2016 General Fund Sales Tax Payable Horizon -0.43 Check Total: 357.45 233158 07/13/2016 General Fund Police /Equipment Leas KBA Docusys Inc 2,590.48 233158 07/13/2016 General Fund City Hall /Rent/Lease/Ta KBA Docusys Inc 2,860.03 233158 07/13/2016 General Fund R.P. Comm. Cntr /Rent/Lease/Ta KBA Docusys Inc 682.51 Page 18 of 42 Check Number Check Date Fund Name Account Name Vendor Name 233158 07/13/2016 General Fund Rent, Lease & Taxes - SrC KBA Docusys Inc 233158 07/13/2016 General Fund Sports Center /Rent/Lease/Tax KBA Docusys Inc 233158 07/13/2016 General Fund Animal Control / Eqpt Lease KBA Docusys Inc 233158 07/13/2016 General Fund Pac/Admin /Rent/Lease/Tax KBA Docusys Inc 233158 07/13/2016 General Fund Publ Works Gen /Rent/Lease/Ta KBA Docusys Inc 233158 07/13/2016 General Fund Streets/Rent/Leases KBA Docusys Inc 233158 07/13/2016 General Fund Storm Drains /Rent/Lease/Ta KBA Docusys Inc 233158 07/13/2016 General Fund Parks/Equipment Leases KBA Docusys Inc 233158 07/13/2016 Sewer Utility Fund Sewer Entr. /Equipment Leas KBA Docusys Inc 233158 07/13/2016 Water Utility Fund Water Entr. /Rent/Lease/Ta KBA Docusys Inc Check Total: 233159 07/13/2016 General Fund Nick La Velle Check Total: 233160 07/13/2016 General Fund Supplies - B Pool Lincoln Commercial Pool Equipment Check Total: 233161 07/13/2016 General Fund Police /Uniforms National Document Solutions, LLC Check Total: 2 33162 07/13/2016 General Fund Supplies - RP Comm Cntr Office Depot Check Total: 233163 07/13/2016 General Fund Magnolia Pool /Contractual Svs OFFICE TEAM 233163 07/13/2016 General Fund H Pool /Contracted Services OFFICE TEAM 233163 07/13/2016 General Fund Benecia Pool /Contractual S OFFICE TEAM Check Total: 233164 07/13/2016 General Fund HR /Travel & Meetings Victoria Perrault Check Total: 233165 07/13/2016 General Fund POST Training & Travel -Police Santa Rosa Junior College Check Total: 233166 07/13/2016 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 233166 07/13/2016 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 233166 07/13/2016 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel Check Total: 233167 07/13/2016 Water Utility Fund System Repair - WTR Entr Shamrock Materials Page 19 of 42 Void Amount 411.11 315.37 304.50 402.37 68.52 68.52 68.52 68.52 68.52 68.51 7,977.48 65.00 65.00 493.92 493.92 696.00 696.00 76.21 76.21 572.67 1,145.34 919.10 2,637.11 275.94 275.94 3,547.50 3,547.50 152.14 76.07 280.96 509.17 1,181.84 Check Number Check Date Fund Name Account Name Vendor Name 233167 07/13/2016 Water Utility Fund System Repair - WTR Entr Shamrock Materials 233167 07/13/2016 Water Utility Fund System Repair - WTR Entr Shamrock Materials 233167 07/13/2016 Water Utility Fund System Repair - WTR Entr Shamrock Materials 233167 07/13/2016 General Fund Sales Tax Payable Shamrock Materials 233167 07/13/2016 General Fund Publ Works Gen /Fac Maint/Non- Shamrock Materials Check Total: 233168 07/13/2016 ISF - Information Technology Softwr License & Maint - IT SHI International Corp Check Total: 233169 07/13/2016 General Fund Police /Spec Dept Equ Simple Office Solutions Check Total: 233170 07/13/2016 ISF - Fleet Fleet/Small Tools Snap -On -Industrial Check Total: 233171 07/13/2016 General Fund MATTHEW SNODGRASS Check Total: 233172 07/13/2016 General Fund Police /Contractual S SpeakWrite Billing Dept. Check Total: 233173 07/13/2016 General Fund R.P. Comm. Cntr /Bldg/Facilty Star Elevator Inc 233173 07/13/2016 General Fund R.P. Comm. Cntr Bldg/Facilty Star Elevator Inc 233173 07/13/2016 General Fund Sales Tax Payable Star Elevator Inc Check Total: 233174 07/13/2016 General Fund Econ Dev/Contractual Se The Design Guild 233174 07/13/2016 General Fund Econ Dev/Contractual Se The Design Guild Check Total: 233175 07/13/2016 Sewer Utility Fund System Repair - SWR Entr TITUS INDUSTRIAL GROUP Check Total: 233176 07/13/2016 General Fund Supplies - Park Maint United Forest Products, Inc. Check Total: 233177 07/13/2016 Water Utility Fund Water/Cell Phone Verizon Wireless 233177 07/13/2016 ISF - Information Technology Cellular Phones - IT Verizon Wireless 233177 07/13/2016 ISF - Information Technology Telephone - IT Verizon Wireless 233177 07/13/2016 General Fund City Hall /Cellular Phone Verizon Wireless Page 20 of 42 Void Amount 765.33 146.40 -0.67 0.67 1,375.69 3,469.26 7,200.00 7,200.00 462.19 462.19 4,344.56 4,344.56 65.00 65.00 25.81 25.81 1,078.92 -0.97 0.97 1,078.92 300.00 1,200.00 1,500.00 1,284.76 1,284.76 1,559.03 1,559.03 40.04 76.02 144.30 38.01 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233177 07/13/2016 General Fund Finance /Cellular Phone Verizon Wireless 10.02 233177 07/13/2016 General Fund Dev Svs /Cell Phone Verizon Wireless 68.07 233177 07/13/2016 General Fund Police / Cell Phone Verizon Wireless 20.04 233177 07/13/2016 Sewer Utility Fund Sewer/Cell Phone Verizon Wireless 20.02 Check Total: 416.52 233178 07/13/2016 ISF - Information Technology Contractual Services Vision Internet Providers, Inc. 281.40 Check Total: 281.40 233179 07/13/2016 General Fund Animal Shelter /Bldg/Facilty M Aramark Uniform Services 114.59 233179 07/13/2016 General Fund R.P. Comm. Cntr Bldg/Facilfy Aramark Uniform Services 101.39 Check Total: 215.98 233180 07/13/2016 General Fund Supplies - Community Event Big 4 Party Rentals Inc 390.00 Check Total: 390.00 233181 07/13/2016 General Fund Sports Center /Contractual S BOLT STAFFING SERVICE, INC. 2,209.74 Check Total: 2,209.74 233182 07/13/2016 Capital Projects Fund PR -71 Benicia Pool Renovatins Cal -Steam 257.34 Check Total: 257.34 233183 07/13/2016 General Fund SEAN CAMILLERI 65.00 0.00 Check Total: 0.00 233184 07/13/2016 General Fund Pac /Concessions CAPITAL ONE COMMERCIAL 288.68 233184 07/13/2016 General Fund Pac /Concessions CAPITAL ONE COMMERCIAL 156.56 233184 07/13/2016 General Fund Pac /Concessions CAPITAL ONE COMMERCIAL 115.06 233184 07/13/2016 General Fund Pac /Concessions CAPITAL ONE COMMERCIAL 288.75 233184 07/13/2016 General Fund Pac /Concessions CAPITAL ONE COMMERCIAL 334.28 233184 07/13/2016 General Fund Animal Shelter Bldg/Facilty M CAPITAL ONE COMMERCIAL 58.69 233184 07/13/2016 General Fund Supplies - AS CAPITAL ONE COMMERCIAL 37.48 233184 07/13/2016 General Fund City Manager/Community Promo CAPITAL ONE COMMERCIAL 102.58 Check Total: 1,382.08 233185 07/13/2016 General Fund Police / Travel & Meetings Catherine Colburn 24.70 Check Total: 24.70 233186 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint DentPro of Marin & Sonoma 75.00 Check Total: 75.00 Page 21 of 42 Check Number Check Date Fund Name Account Name Vendor Name 233187 07/13/2016 General Fund Senior Ctr /Bldg/Facilty Fishman Supply Company Check Total: 233188 07/13/2016 General Fund Police /Gas & Oil Flyers Energy Check Total: 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Sales Tax Payable Frizelle-Enos Company 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Sales Tax Payable Frizelle-Enos Company 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Supplies - AS Frizelle-Enos Company 233189 07/13/2016 General Fund Sales Tax Payable Frizelle-Enos Company Check Total: 233190 07/13/2016 General Fund Supplies - AS Grainger, Inc. 233190 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Grainger, Inc. 233190 07/13/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 233190 07/13/2016 General Fund Supplies - Streets & Bike Grainger, Inc. Check Total: 233191 07/13/2016 General Fund Medications - AS Henry Schein Animal Health 233191 07/13/2016 General Fund Medications - AS Henry Schein Animal Health 233191 07/13/2016 General Fund Medications - AS Henry Schein Animal Health Check Total: 233192 07/13/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc 233192 07/13/2016 General Fund Shelter Food - AS Hill's Pet Nutrition Sales, Inc Check Total: 233193 07/13/2016 General Fund Senior Ctr /Bldg/Facilty The Hitmen Termite & Pest Control 233193 07/13/2016 General Fund Animal Shelter /Bldg/Facilty M The Hitmen Termite & Pest Control 233193 07/13/2016 General Fund Ps Main Station /Bldg/Facilty The Hitmen Termite & Pest Control Check Total; 233194 07/13/2016 General Fund Animal Control /Contractual S Koefran Industries Check Total: 233195 07/13/2016 General Fund Animal Control /Contractual S Barbara Leach, D.V.M. Page 22 of 42 Void Amount 78.39 78.39 329.49 329.49 141.81 0.54 -0.54 240.75 1.00 -1.00 97.36 0.45 -0.45 479.92 15.03 87.75 0.68 276.39 379.85 1,191.86 225.94 222.50 1,640.30 262.98 91.87 354.85 60.00 80.00 60.00 200.00 115.00 115.00 1,775.00 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,775.00 233196 07/13/2016 General Fund Dev Svs /Travel & Meals Vanessa Marin 206.79 Check Total: 206.79 233197 07/13/2016 General Fund Office Supplies - DS National Document Solutions, LLC 40.09 233197 07/13/2016 General Fund Police /Uniforms National Document Solutions, LLC 160.96 Check Total: 201.05 233198 07/13/2016 General Fund Benicia Pool/ Recruitment Occupational Health Centers of California 23.50 233198 07/13/2016 General Fund H Pool/Recruitment Occupational Health Centers of California 23.50 233198 07/13/2016 General Fund Magnolia Pool /Recruitment Occupational Health Centers of California 23.50 Check Total: 70.50 233199 07/13/2016 General Fund Office Supplies -Animal Control Office Depot 99.30 233199 07/13/2016 General Fund Office Supplies - ABSO Office Depot 29.11 Check Total: 128.41 233200 07/13/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 222.94 233200 07/13/2016 Water Utility Fund System Repair - WTR Entr Pace Supply 690.70 Check Total: 913.64 233201 07/13/2016 General Fund Streets & Bike /Heat/Light/Po Pacific Gas & Electric 39.70 Check Total: 39.70 233202 07/13/2016 General Fund Park Maint /Heat/Light/Po Pacific Gas & Electric 13.09 Check Total: 13.09 233203 07/13/2016 General Fund HR /Travel & Meetings Victoria Perrault 124.74 Check Total: 124.74 233204 07/13/2016 General Fund HR /Travel & Meetings Victoria Perrault 98.82 Check Total: 98.82 233205 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint PETRO TECH 114.67 Check Total: 114.67 233206 07/13/2016 General Fund Faclty Non -Routine Mainte - CH Redwood Lock & Key 85.00 233206 07/13/2016 General Fund Supplies - Police Redwood Lock & Key 110.00 Check Total: 195.00 Page 23 of 42 Check Number Check Date Fund Name Account Name Vendor Name 233207 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233207 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts 233207 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Santa Rosa Auto Parts Check Total: 233208 07/13/2016 Water Utility Fund Uniforms & Laundry Sery - W Santa Rosa Shoes Inc Check Total: 233209 07/13/2016 General Fund Pac /Concessions Gail Shelton Check Total: 233210 07/13/2016 General Fund Magnolia Pool /Fac Maintenanc SIERRA CHEMICAL CO 233210 07/13/2016 General Fund Supplies - B Pool SIERRA CHEMICAL CO 233210 07/13/2016 General Fund Magnolia Pool /Fac Maintenanc SIERRA CHI'MICAL CO 233210 07/13/2016 General Fund Magnolia Pool /Fac Maintenanc SIERRA CHEMICAL CO Check Total: 233211 07/13/2016 General Fund Supplies - PW Trope Group Check Total: 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni 233212 07/13/2016 Water Utility Fund System Repair - WTR Entr Wheeler Zamaroni Check Total: 233213 07/13/2016 General Fund Supplies - Park Maint Applied Landscape Materials Inc. Check Total: 233214 07/13/2016 Water Utility Fund Water Entr/Contractual Svs ARGONAUT CONSTRUCTORS Check Total: 233215 07/13/2016 Sewer Captial Project Fund WW -24 Sewer Pipe Lining Projct BRELJE & RACE CONSULTING 233215 07/13/2016 Sewer Captial Project Fund WW -24 Sewer Pipe Lining Projct BRELJE & RACE CONSULTING Check Total: 233216 07/13/2016 Capital Projects Fund RPX Rehab COASTLAND CIVIL 233216 07/13/2016 Capital Projects Fund TR -99 RPX Rehab Ph 2 COASTLAND CIVIL Page 24 of 42 Void Amount 124.95 16.31 15.98 157.24 300.00 300.00 340.61 340.61 -735.27 -60.00 1,934.32 312.84 1,451.89 54.38 54.38 449.14 583.99 354.53 259.91 307.22 307.22 2,262.01 4,802.63 4,802.63 24,120.04 24,120.04 10,473.75 700.00 11,173.75 320.00 2,617.25 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,937.25 233217 07/13/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 DATA INSTINCTS 669.90 233217 07/13/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC DATA INSTINCTS 2,253.30 233217 07/13/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay DATA INSTINCTS 121.80 Check Total: 3,045.00 233218 07/13/2016 Casino Public Service TR -108 Wilfrd Rep Inside City DrafTech Blueprinting, Inc 9.79 233218 07/13/2016 Wilfred Widening Maintenc JI TR -108 Wilfrd Rep Outside City Drafrech Blueprinting, Inc 9.79 233218 07/13/2016 Successor Agency Housing FuAvram & Comm Dem-NonCap Drafrech Blueprinting, Inc 221.68 233218 07/13/2016 Successor Agency Housing FUAvram & Comm Dem-NonCap DrafTech Blueprinting, Inc 338.55 Check Total: 579.81 233219 07/13/2016 General Fund Supplies - Streets & Bike Friedman's Home Improvement 0.40 233219 07/13/2016 General Fund Sales Tax Payable Friedman's Home Improvement -0.40 233219 07/13/2016 General Fund Supplies - Streets & Bike Friedman's Home Improvement 84.94 233219 07/13/2016 Sewer Utility Fund Sewer Emr. /Spec Dept Equ Friedman's Home Improvement 108.21 233219 07/13/2016 Sewer Utility Fund Sewer Entr. /Spec Dept Equ Friedman's Home Improvement 0.50 233219 07/13/2016 General Fund Sales Tax Payable Friedman's Home Improvement -0.50 Check Total: 193.15 233220 07/13/2016 Successor Agency Housing Fu Avram & Comm Dem-NonCap GHD 2,345.00 233220 07/13/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GED 3.82 233220 07/13/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 70.67 233220 07/13/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GED 21.01 233220 07/13/2016 Sewer Captial Project Fund WW -21 Clausin@101 WW MainRehab GED 3,822.92 233220 07/13/2016 Sewer Captial Project Fund WW -27 SWR Inflw/Infilt Stdy GHD 16,311.00 233220 07/13/2016 2007R Loan P-oceeds PR -86 SpC Ventilation Stdy GHD 13,528.10 Check Total: 36,102.52 233221 07/13/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHILOTTI CONSTRUCTION CO 14,793.09 233221 07/13/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHILOTTI CONSTRUCTION CO 81,362.02 233221 07/13/2016 Capital Projects Fund Retention Payable - CIP GHILOTTI CONSTRUCTION CO -739.65 233221 07/13/2016 Capital Projects Fund Retention Payable - CIP GHILOTTI CONSTRUCTION CO -13,683.61 233221 07/13/2016 Sewer Captial Project Fund Retention Payable - SWR CIP GHILOTTI CONSTRUCTION CO -4,068.10 233221 07/13/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHILOTTI CONSTRUCTION CO 273,672.28 Check Total: 351,336.03 233222 07/13/2016 Capital Projec_s Fund TR -99 RPX Rehab Ph 2 GHILOTTI CONSTRUCTION CO 217,080.68 233222 07/13/2016 Capital Projects Fund Retention Payable - CIP GHILOTTI CONSTRUCTION CO -10,854.03 Check Total: 206,226.65 Page 25 of 42 Check Number Check Date Fund Name Account Name Vendor Name 233223 07/13/2016 Capital Projects Fund RPX Rehab Green Valley Consulting Engineers Check Total: 233224 07/13/2016 General Fund First Aid Supp - Fire Life Assist, Inc. 233224 07/13/2016 General Fund First Aid Supp - Fire Life Assist, Inc. 233224 07/13/2016 General Fund Sales Tax Payable Life Assist, Inc. 233225 233226 233227 233228 233228 233228 233228 233228 233228 233228 233228 233228 233228 233228 233228 233228 233228 233229 233230 233230 233230 233231 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 Sewer Utility Fund Water Utility Fund Water Utility Fund General Fund Capital Projects Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Sewer Entr. /Spec Dept Equ Water Entr. /Water Meter Re Water Entr. /Heat/Light/Po Dev Svs /Contractual Services University Dist. Specific Plan Developer Refundable Deposits 2297 Revenue - DS 2297 Expenses Developer Refundable Deposits 2297 Revenue - DS 2297 Expenses Developer Refundable Deposits 2297 Revenue - DS 2297 Expenses Developer Refundable Deposits 2297 Revenue - DS 2297 Expenses Supplies - DS Supplies - DS Supplies - DS SECA - State Seized Assets State Seizure Pending -Payable Page 26 of 42 Check Total: Municipal Maintenance Equipment Check Total: National Meter & Automation, Inc. Check Total: Pacific Gas & Electric Check Total: Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Regional Government Services Check Total Anthony Savas Void Check Total: Sonoma County Clerk Sonoma County Clerk Sonoma County Clerk Check Total: Sonoma County Office of the District Atto Amount 3,013.00 3,013.00 302.68 3.52 -3.52 302.68 1,844.58 1,844.58 3,132.00 3,132.00 253.19 253.19 4,352.00 238.00 544.00 -544.00 544.00 136.00 -136.00 136.00 136.00 -136.00 136.00 986.00 -986.00 986.00 6,392.00 65.00 65.00 60.00 8.00 29.00 97.00 372,577.83 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233231 07/13/2016 SECA - State Seized Assets Interest Inc State Seized Asse Sonoma County Office of the District Atte 1,588.48 Check Total: 374,166.31 233232 07/13/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC Sonoma Media Investments -Advertising 466.20 233232 07/13/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay Sonoma Media Investments -Advertising 25.20 233232 07/13/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 Sonoma Media Investments -Advertising 138.60 233232 07/13/2016 Sewer Captial Project Fund WW -21 Clausin@101 WW MainRehab Sonoma Media Investments -Advertising 387.00 233232 07/13/2016 Wilfred Widening Maintenc J] TR -108 Wilfrd Rep Outside City Sonoma Media Investments -Advertising 193.50 233232 07/13/2016 Casino Public Service TR -108 Wilfrd Rep Inside City Sonoma Media Investments -Advertising 193.50 233232 07/13/2016 Successor Agency Housing FuAvram & Comm Dem-NonCap Sonoma Media Investments -Advertising 419.00 Check Total: 1,823.00 233233 07/13/2016 Wilfred Widening Maintenc J]TR-108 Wilfrd Rep Outside City The Community Voice 165.50 233233 07/13/2016 Casino Public Service TR -108 Wilfrd Rep Inside City The Community Voice 165.50 Check Total: 331.00 233234 07/13/2016 UDSP Regional Traffic Fee Fi TR -103 Reg Traff Stdy-Non-Cap W -Trans 2,155.69 233234 07/13/2016 UDSP Regional Traffic Fee Ft TRA 03 Reg Traff Stdy-Non-Cap W -Trans 1,532.50 233234 07/13/2016 Gas Tax Fund(2105, 2106, 211TR-104 Signal Sys Stdy W -Trans 915.25 233234 07/13/2016 Casino Public Service TR -104 50% Signal Sys Stdy W -Trans 915.25 233234 07/13/2016 UDSP Regional Traffic Fee Fi TR -103 Reg Traff Stdy-Non-Cap W -Trans 235.00 Check Total: 5,753.69 233235 07/13/2016 General Fund Supplies - Streets & Bike The Barricade Company 119.08 233235 07/13/2016 General Fund Supplies - Streets & Bike The Barricade Company 0.55 233235 07/13/2016 General Fund Sales Tax Payable The Barricade Company -0.55 233235 07/13/2016 General Fund Supplies - Streets & Bike The Barricade Company 38.84 233235 07/13/2016 General Fund Supplies - Streets & Bike The Barricade Company 0.18 233235 07/13/2016 General Fund Sales Tax Payable The Barricade Company -0.18 233235 07/13/2016 General Fund Supplies - PW The Barricade Company 30.85 233235 07/13/2016 General Fund Supplies - PW The Barricade Company 0.14 233235 07/13/2016 General Fund Sales Tax Payable The Barricade Company -0.14 Check Total: 188.77 233236 07/13/2016 General Fund R.P. Comm. Cntr /Contractual S Sherry Blanchard 42.25 Check Total: 42.25 233237 07/13/2016 General Fund Sports Center /Contractual S BOLT STAFFING SERVICE, INC. 821.57 233237 07/13/2016 General Fund R.P. Comm. Cntr /Contractual S BOLT STAFFING SERVICE, INC. 1,069.46 Check Total: 1,891.03 233238 07/13/2016 Capital Projects Fund University Dist. Specific Plan BRELJE & RACE CONSULTING 4,176.46 Page 27 of 42 Check Number Check Date Fund Name Account Name 233238 07/13/2016 General Fund 2297 Revenue - DS 233238 07/13/2016 General Fund Developer Refundable Deposits 233238 07/13/2016 General Fund 2297 Expenses 233239 07/13/2016 General Fund SEA/ Legal 233240 07/13/2016 General Fund P/S Bldg -North Bldg/Facilty 233240 07/13/2016 General Fund City Hall Annex Bldg/Facilty 233241 07/13/2016 General Fund Rec Ref Clearing 233242 07/13/2016 General Fund Rec Ref Clearing 233243 07/13/2016 General Fund Office Supplies - CM 233243 07/13/2016 General Fund City Manager/Travel & Meetings 233243 07/13/2016 General Fund City Manager/Travel & Meetings 233244 07/13/2016 Successor Agency Housing Fu Contractual Svc - Housing 233245 07/13/2016 General Fund Unleaded Fuel Inventory 233246 07/13/2016 General Fund City Hall Bldg/Facilty 233247 07/13/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233248 07/13/2016 General Fund Burt/Ave Rec Cr /Contractual S 233248 07/13/2016 General Fund Burt/Ave Rec Cr /Contractual S 233249 07/13/2016 General Fund Sports Center /Contractual S Page 28 of 42 Vendor Name Void Amount BRELJE & RACE CONSULTING -80.00 BRELJE & RACE CONSULTING 80.00 BRELJE & RACE CONSULTING 80.00 Check Total: 4,256.46 Burke, Williams & Sorensen, LLP 351.00 Check Total: 351.00 Cal -Steam 4.85 Cal -Steam 587.03 Check Total: 591.88 Laura Campbell 400.00 Check Total: 400.00 Liliana Cardenas 400.00 Check Total: 400.00 Carol Adams 21.74 Carol Adams 14.50 Carol Adams 9.66 Check Total: 45.90 Champion Scaffold Services., Inc. 1,500.00 Check Total: 1,500.00 Flyers Energy 908.86 Check Total: 908.86 InfoStor 34.00 Check Total: 34.00 Jacobsen West 10.87 Check Total: 10.87 Martial Arts Academy Bujutsu Gakuin Wi 195.00 Martial Arts Academy Bujutsu Gakuin Wt 45.00 Check Total: 240.00 Julie McIntyre 242.50 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 242.50 233250 07/13/2016 General Fund Supplies - Park Maint Mead Clark Lumber Company, Inc. 28.12 Check Total: 28.12 233251 07/13/2016 General Fund Animal Services/Recruitment/Hi Occupational Health Centers of California 152.00 233251 07/13/2016 General Fund Benicia Pool/ Recruitment Occupational Health Centers of California 35.25 233251 07/13/2016 General Fund Benicia Pool/ Recruitment Occupational Health Centers of California 35.25 Check Total: 222.50 233252 07/13/2016 General Fund Supplies - PW Office Depot 267.86 Check Total: 267.86 233253 07/13/2016 Sewer Utility Fund Sewer Entr/Contractual Svs OFFICE TEAM 452.16 233253 07/13/2016 Water Utility Fund Water Entr/Contractual Svs OFFICE TEAM 452.16 233253 07/13/2016 General Fund Benecia Pool /Contractual S OFFICE TEAM 360.85 233253 07/13/2016 General Fund H Pool /Contracted Services OFFICE TEAM 360.86 Check Total: 1,626.03 233254 07/13/2016 General Fund R.P. Comm. Cntr /Contractual S Play -Well TEKnologies 900.90 Check Total: 900.90 233255 07/13/2016 General Fund Police /Contractual S Red Cloud, Inc. 2,670.00 Check Total: 2,670.00 233256 07/13/2016 General Fund City Hall /Bldg/Facilty Redwood Lock & Key 196.16 Check Total: 196.16 233257 07/13/2016 General Fund Spay/Ntr Fd Eligible Exp- AS Dr. Joel Reif 1,390.00 Check Total: 1,390.00 233258 07/13/2016 General Fund Supplies - PW Reliable Hardware & Steel Co. 187.28 Check Total: 187.28 233259 07/13/2016 General Fund Gold Ridge /Contractual S Lajwan Renee Robinson 552.50 233259 07/13/2016 General Fund Gold Ridge /Contractual S Lajwan Renee Robinson 72.00 Check Total: 624.50 233260 07/13/2016 General Fund Police/Armory - Police Santa Rosa Junior College 950.00 Check Total: 950.00 Page 29 of 42 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233261 07/13/2016 General Fund Training & Travel - ED Santa Rosa Junior College 157.00 Check Total: 157.00 233262 07/13/2016 General Fund POST Training & Travel -Police Santa Rosa Junior College 4,020.50 Check Total: 4,020.50 233263 07/13/2016 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 169.38 233263 07/13/2016 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 221.69 Check Total: 391.07 233264 07/13/2016 General Fund Supplies - PW Shamrock Materials 1,212.57 233264 07/13/2016 General Fund Supplies - PW Shamrock Materials 348.00 Check Total: 1,560.57 233265 07/13/2016 General Fund R.P. Comm. Cntr /Contractual S Gay Shelton-Ostadi 78.00 Check Total: 78.00 233266 07/13/2016 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 894.00 Check Total: 894.00 233267 07/13/2016 SEUS - Federal Seized Assets Fed Seizure Pending-Payable Sonoma County Office of the District Atto 64,176.19 233267 07/13/2016 SECA - State Seized Assets State Seizure Pending-Payable Sonoma County Office of the District Attc 760.00 233267 07/13/2016 SEUS - Federal Seized Assets Int Earned - Fed Seized Asset Sonoma County Office of the District Atto 392.18 233267 07/13/2016 SECA - State Seized Assets Interest Inc State Seized Asse Sonoma County Office of the District Attc 4.64 Check Total: 65,333.01 233268 07/13/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 255.55 233268 07/13/2016 Water Utility Fund System Repair - WTR Entr Syar Industries, Inc. 1.18 233268 07/13/2016 General Fund Sales Tax Payable Syar Industries, Inc. -1.18 Check Total: 255.55 233269 07/13/2016 Capital Projects Fund University Dist. Specific Plan W-Trans 1,699.38 233269 07/13/2016 Capital Projects Fund University Dist. Specific Plan W-Trans 1,887.57 233269 07/13/2016 Capital Projects Fund University Dist. Specific Plan W-Trans 940.00 Check Total: 4,526.95 233270 07/13/2016 General Fund Sports Center /Contractual S Fatima Worden 247.50 233271 VOID Check Total: 247.50 Page 30 of 42 Check Number Check Date Fund Name 233272 07/13/2016 Capital Projects Fund 233273 07/13/2016 General Fund 233273 07/13/2016 General Fund 233273 07/13/2016 General Fund 233273 07/13/2016 Sewer Utility Fund 233273 07/13/2016 General Fund 233274 233274 233274 233274 233274 233274 233274 233274 233275 233276 233277 233278 233279 233279 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 ISF - Fleet General Fund Sewer Utility Fund Water Utility Fund General Fund General Fund General Fund General Fund 07/13/2016 General Fund 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 Account Name University Dist. Specific Plan Janitorial Svc -PS Main Station Janitorial Svcs- PW Janitorial Svcs - AS Janitorial Svcs - SWR Janitorial Svcs- Gold Ridge Uniforms & Laundry Svcs -Fleet Uniforms & Laundry Svcs -PW Uniforms & Laundry Svcs -Sewer Uniforms & Laundry Svcs -Water Uniforms & Laundry Svcs -Street Contract Svcs - JEPA Mtn Spec Dept Exp - Parks Repairs & Maint Routine-ASBIdg POST Training & Travel -Police General Fund Dues & Subscription - Police General Fund POST Training & Travel -Police General Fund General Fund General Fund 233280 07/13/2016 General Fund 233280 07/13/2016 General Fund 233280 07/13/2016 General Fund Training & Travel - Fire Gas & Oil - Police Unleaded Fuel Inventory Sales Tax Payable Repairs & Maint Routine -M Pool Repairs & Maint Routine -M Pool Page 31 of 42 Vendor Name Your Other Office, Inc. Check Total ABM Janitorial North Calif -LA ABM Janitorial North Calif -LA ABM Janitorial North Calif -LA ABM Janitorial North Calif -LA ABM Janitorial North Calif -LA Check Total Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Check Total: Joel Auerbach Check Total: CA Police Chiefs Association Check Total: Kimberly Cates Check Total: City of Santa Rosa Check Total: Flyers Energy Flyers Energy Check Total: Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Check Total_ Void Amount 97.88 97.88 1,767.00 263.00 561.00 133.37 1,084.32 3,808.69 27.88 30.28 30.68 34.28 14.65 6.27 41.15 114.59 299.78 90.00 90.00 1,544.00 1,544.00 18.00 18.00 1,000.00 1,000.00 503.98 646.42 1,150.40 -0.25 54.13 0.25 54.13 Check Number Check Date Fund Name 233281 07/13/2016 General Fund 233281 07/13/2016 General Fund 233281 07/13/2016 General Fund 233282 07/13/2016 General Fund 233282 07/13/2016 General Fund 233283 233283 233284 233284 233284 233285 233286 233287 233287 233287 233287 233287 233287 233287 233287 233287 233287 233287 233287 233287 233288 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 07/13/2016 General Fund General Fund Sewer Utility Fund Sewer Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Sewer Utility Fund Water Utility Fund General Fund Account Name Uniforms - Police Uniforms - Police Sales Tax Payable Softwr License & Maint-NonDept Softwr License & Maint-NonDept Shelter Food - AS Shelter Food - AS Spec Dept Exp -Sewer Spec Dept Exp -Sewer Sales Tax Payable POST Training & Travel -Police Training & Travel - Police Equip Lease - SpC Equip Lease - AS Equip Lease - PAC Equip Lease - PW Equip Lease - Streets Equip Lease - Storm Drains Equip Lease - Police Equip Lease - CH Equip Lease - RPCC Repairs & Maint Routine - SrC Equip Lease - Parks Equip Lease - Sewer Equip Lease - Water POST Training & Travel -Police Page 32 of 42 Vendor Name Good To Go Military Surplus Good To Go Military Surplus Good To Go Military Surplus Check Total: Granicus Inc Granicus Inc Check Total: Hill's Pet Nutrition Sales, Inc Hill's Pet Nutrition Sales, Inc Check Total: Horizon Horizon Horizon Check Total: IXII Group Check Total: Jeff Justice Check Total: KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc KBA Docusys Inc Check Total: JON KEMPF Check Total: Void Amount 64.45 -0.30 0.30 64.45 700.00 100.00 800.00 255.92 41.04 296.96 38.32 0.43 -0.43 38.32 99.00 99.00 283.00 283.00 315.37 304.50 402.37 68.54 68.54 68.54 2,590.48 2,860.03 682.51 411.11 68.54 68.54 68.51 7,977.58 18.00 18.00 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233289 07/13/2016 General Fund Exp Belforte - CC Los Cien, Inc. 25.00 Check Total: 25.00 233290 07/13/2016 General Fund POST Training & Travel -Police Public Safety Training Institute 125.00 Check Total: 125.00 233291 07/13/2016 General Fund EAP Expense - NonDept Redwood Empire Municipal Insurance Ful 546.72 Check Total: 546.72 233292 07/13/2016 General Fund Uniforms - Police Santa Rosa Uniform & Career Apparel 400.69 Check Total: 400.69 233293 07/13/2016 General Fund Dues & Subscription - CC So Co Auditor Controller Treasurer Tax C 25,037.00 Check Total: 25,037.00 233294 07/13/2016 Gas Tax Fund(2105, 2106, 211 Contract Svcs - Gas Tax So Co Transportation Authority 10,143.00 Check Total: 10,143.00 233295 07/13/2016 General Fund License Permit & Fees -Streets Sonoma -Marin Area Rail Transit District 1,441.51 Check Total: 1,441.51 233296 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Ariana Ball 42.43 233296 07/13/2016 Sewer Utility Fund Accounts Payable Ariana Ball 57.57 Check Total: 100.00 233297 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Kevin Bonner 14.79 233297 07/13/2016 Sewer Utility Fund Accounts Payable Kevin Bonner 14.10 Check Total: 28.89 233298 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Joanne Boyd 0.59 233298 07/13/2016 Sewer Utility Fund Accounts Payable Joanne Boyd 0.34 Check Total: 0.93 233299 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Andrew Brennan 19.00 233299 07/13/2016 Sewer Utility Fund Accounts Payable Andrew Brennan 10.57 Check Total: 29.57 233300 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya BWW Properties 14.02 Check Total: 14.02 233301 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Century 21 Bundesen 10.72 Page 33 of 42 Check Number Check Date Fund Name 233301 07/13/2016 Sewer Utility Fund 233302 07/13/2016 Water Utility Fund 233302 07/13/2016 Sewer Utility Fund 233303 07/13/2016 Water Utility Fund 233303 07/13/2016 Sewer Utility Fund 233303 07/13/2016 Sewer Utility Fund 233304 07/13/2016 Water Utility Fund 233304 07/13/2016 Sewer Utility Fund 233305 07/13/2016 Water Utility Fund 233305 07/13/2016 Sewer Utility Fund 233306 07/13/2016 Water Utility Fund 233306 07/13/2016 Sewer Utility Fund 233307 07/13/2016 Water Utility Fund 233307 07/13/2016 Sewer Utility Fund 233308 07/13/2016 Water Utility Fund 233308 07/13/2016 Sewer Utility Fund 233309 07/13/2016 Water Utility Fund 233309 07/13/2016 Sewer Utility Fund 233310 07/13/2016 Water Utility Fund 233310 07/13/2016 Sewer Utility Fund 233311 07/13/2016 Water Utility Fund Account Name Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Accounts Payable Water Entr. /Accounts Paya Page 34 of 42 Vendor Name Century 21 Bundesen Check Total: Peter Christianson Peter Christianson Check Total: Andrea Deslauners Andrea Deslauners Andrea Deslauners Check Total: Tammy Domingo Tammy Domingo Check Total: Erin Hardy Erin Hardy Check Total: Jessica Henry Jessica Henry Check Total: Jeremy Kegerreis Jeremy Kegerreis Check Total: Kelley Rental Prop Mgmt Kelley Rental Prop Mgmt Check Total: Marykatherine Kelly Marykatherine Kelly Check Total: Wes Koenig Wes Koenig Check Total: Amanda Llerena Void Amount 4.19 14.91 9.18 6.80 15.98 40.58 46.38 57.01 143.97 106.02 59.22 165.24 27.00 54.68 81.68 23.74 22.34 46.08 2.30 2.47 4.77 41.63 26.65 68.28 49.81 50.19 100.00 25.16 23.87 49.03 40.77 Check Number Check Date Fund Name Account Name Vendor Name 233311 07/13/2016 Sewer Utility Fund Accounts Payable Amanda Llerena Check Total: 233312 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Johnny Nix 233312 07/13/2016 Sewer Utility Fund Accounts Payable Johnny Nix Check Total: 233313 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Carmen Padilla-Guel 233313 07/13/2016 Sewer Utility Fund Accounts Payable Carmen Padilla-Guel Check Total: 233314 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Samantha Roberts 233314 07/13/2016 Sewer Utility Fund Accounts Payable Samantha Roberts Check Total: 233315 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Megan Stock 233315 07/13/2016 Sewer Utility Fund Accounts Payable Megan Stock Check Total: 233316 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Lisa Whitt 233316 07/13/2016 Sewer Utility Fund Accounts Payable Lisa Whitt Check Total: 233318 07/13/2016 Water Utility Fund Water Entr. /Accounts Paya Joseph Wilkinson 233318 07/13/2016 Sewer Utility Fund Accounts Payable Joseph Wilkinson Check Total: 233319 07/18/2016 Capital Projects Fund 1401 Snyder non -capital Fast Mart Check Total: 233320 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint Accurate Forklift Inc. Check Total: 233321 07/19/2016 General Fund Park Maint /Small Tools Belkorp AG, LLC 233321 07/19/2016 General Fund Park Maint /Small Tools Belkorp AG, LLC 233321 07/19/2016 General Fund Sales Tax Payable Belkorp AG, LLC 233321 07/19/2016 General Fund Streets & Bike /Small Tools Belkorp AG, LLC 233321 07/19/2016 General Fund Streets & Bike /Small Tools Belkorp AG, LLC 233321 07/19/2016 General Fund Sales Tax Payable Belkorp AG, LLC Check Total: Page 35 of 42 Void Amount 59.23 100.00 44.06 30.09 74.15 35.24 26.38 61.62 45.09 54.91 100.00 30.82 69.18 100.00 50.32 25.59 75.91 51.32 21.28 72.60 310.00 310.00 1,385.51 1,385.51 2,597.78 12.00 -12.00 2,597.78 12.01 -12.01 5,195.56 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 233322 07/19/2016 General Fund Police /Gas & Oil Chevron and Texaco Business Card Servic 212.27 Check Total: 212.27 233323 07/19/2016 General Fund Police/Armory - Police City of Fairfield 550.00 Check Total, 550.00 233324 07/19/2016 Capital Projects Fund Southeast Dist. Specific Plan CSG Consultants Inc 1,280.00 233324 07/19/2016 Capital Projects Fund University Dist. Specific Plan CSG Consultants Inc 800.00 233324 07/19/2016 Capital Projects Fund University Dist. Specific Plan CSG Consultants Inc 5,160.00 233324 07/19/2016 Capital Projects Fund University Dist. Specific Plan CSG Consultants Inc 640.00 233324 07/19/2016 Capital Projects Fund University Dist. Specific Plan CSG Consultants Inc 10,480.00 Check Total: 18,360.00 233325 07/19/2016 Wilfred Widening Maintenc J1 TR -108 Wilfrd Rep Outside City DrafI'ech Blueprinting, Inc 31.00 233325 07/19/2016 Casino Public Service TR -108 Wilfrd Rep Inside City DrafI'ech Blueprinting, Inc 190.42 Check Total: 221.42 233326 07/19/2016 General Fund Supplies - Senior Cntr Eureka Oxygen Co. 26.00 Check Total: 26.00 233327 07/19/2016 General Fund Postage & Shipping -Production FedEx 104.41 Check Total: 104.41 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 5,945.67 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 19,999.05 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD 1,081.03 233328 07/19/2016 Capital Projects Fund Street Smart RP GHD 12,943.50 233328 07/19/2016 Capital Projects Fund 2015-16 Varous Street Main GHD 12,943.50 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 4,633.31 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 15,584.77 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD 842.42 233328 07/19/2016 Capital Projects Fund Street Smart RP GHD 7,064.50 233328 07/19/2016 Capital Projects Fund 2015-16 Varous Street Main GHD 7,064.50 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 9,370.52 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 31,519.03 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD 1,703.73 233328 07/19/2016 Capital Projects Fund Street Smart RP GHD 1,703.00 233328 07/19/2016 Capital Projects Fund 2015-16 Varous Street Main GHD 1,703.00 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 11,128.81 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 37,433.27 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD 2,023.42 233328 07/19/2016 Capital Projects Fund Street Smart RP GHD 8,537.87 Page 36 of 42 Check Number Check Date Fund Name Account Name Vendor Name 233328 07/19/2016 Capital Projects Fund 2015-16 Varous Street Main GHD 233328 07/19/2016 Capital Projects Fund Street Smart RP GHD 233328 07/19/2016 Capital Projects Fund 2015-16 Varous Street Main GHD 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD 233328 07/19/2016 Sewer Captial Project Fund WW -17 Eastside Trunk Sewr Ph 3 GHD 233328 07/19/2016 Capital Projects Fund TR -26 Snyder Wideng-SW to MedC GHD 233328 07/19/2016 Capital Projects Fund PR -79 Com Ctr Pkg Lot Overlay GHD Check Total: 233329 07/19/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 233329 07/19/2016 General Fund Supplies - Streets & Bike Grainger, Inc. 233330 07/19/2016 Capital Projects Fund University Dist. Specific Plan 233331 07/19/2016 General Fund Equipment Rental - St & Bk 233332 07/19/2016 General Fund Police /Contractual S 233333 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233333 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233333 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233334 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233334 07/19/2016 ISF - Fleet Fleet/Vehicle Repair & Maint 233335 07/19/2016 General Fund Police /Uniforms 233336 07/19/2016 General Fund Equip over 5k- Streets & Bike 233337 07/19/2016 General Fund So$wr License & Maint - DS Page 37 of 42 Check Total: Green Valley Consulting Engineers Check Total: HERC Rentals Inc. Check Total: Language Line Services Check Total: Mr. Sparkle Mr. Sparkle Mr. Sparkle Check Total: Nardsons Enterprises, Inc. Nardsons Enterprises, Inc. Check Total: Santa Rosa Uniform & Career Apparel Check Total: Sherwin Williams Check Total: SunGard Public Sector Inc. Void Amount 8,537.88 6,451.37 6,451.38 1.1,320.32 38,077.45 2,058.24 16,414.30 55,211.74 2,984.42 340,732.00 285.15 285.15 570.30 73,051.25 73,051.25 686.21 686.21 70.37 70.37 333.97 32.50 217.50 583.97 485.00 5.00 490.00 27.13 27.13 5,629.99 5,629.99 4,000.00 Check Number Check Date Fund Name Account Name 233338 07/19/2016 General Fund Productions/Production 233339 07/19/2016 General Fund Supplies - B Pool 233340 07/19/2016 Gas Tax Fund(2105, 2106, 2 11 TR -104 Signal Sys Stdy 233340 07/19/2016 Casino Public Service TR -104 50% Signal Sys Stdy 233340 07/19/2016 General Fund Developer Refundable Deposits 233340 07/19/2016 General Fund Developer Refundable Deposits 233341 07/19/2016 General Fund Janitorial Services - CH 233342 07/19/2016 General Fund Prepaid Expense/Misc 233343 07/19/2016 ISF - Fleet Uniforms & Laundry Svcs -Fleet 233343 07/19/2016 ISF - Fleet Uniforms & Laundry Svcs -Fleet 233343 07/19/2016 General Fund Uniforms & Laundry Svcs -PW 233343 07/19/2016 Sewer Utility Fund Uniforms & Laundry Svcs -Sewer 233343 07/19/2016 Water Utility Fund Uniforms & Laundry Svcs -Water 233343 07/19/2016 General Fund Uniforms & Laundry Svcs -Street 233343 07/19/2016 General Fund Contract Svcs - JEPA Mtn 233343 07/19/2016 General Fund Uniforms & Laundry Svcs -Parks 233344 07/19/2016 ISF - Information Technology Softwr License & Maint - IT 233345 07/19/2016 Sewer Utility Fund License Permit & Fees - Sewer 233346 07/19/2016 General Fund License Permit & Fees-Strm Drn 233347 07/19/2016 Wilfred Widening Maintenc JI TR -108 Wilfrd Rep Outside City 233347 07/19/2016 Casino Public Service TR -108 Wilfrd Rep Inside City Page 38 of 42 Vendor Name Check Total: TAMS WITMARK INC Check Total: Universal Building Services Check Total: W -Trans W -Trans W -Trans W -Trans Check Total: ABM Janitorial North Calif -LA Check Total: Aladtec, Inc. Check Total Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Check Total: Barracuda Networks Inc Check Total: Bay Area Air Quality Management Check Total: CA Department of Fish and Wildlife Check Total: Co of Sonoma Clerk Co of Sonoma Clerk Void Amount 4,000.00 122.00 122.00 86.91 86.91 50.00 50.00 1,895.00 5,280.00 7,275.00 803.00 803.00 1,595.00 1,595.00 19.46 27.88 30.28 30.68 34.28 14.65 6.27 41.15 204.65 2,448.00 2,448.00 1,062.00 1,062.00 1,474.25 1,474.25 25.00 25.00 Check Number Check Date Fund Name Account Name 233347 07/19/2016 Successor Agency Housing Fu Avram & Comm Dem-NonCap 233348 07/19/2016 General Fund Telephone - SrC 233348 07/19/2016 General Fund Telephone - SrC 233348 07/19/2016 General Fund PG&E - SpC 233349 07/19/2016 ISF - Information Technology Contract Svcs - IT 233350 07/19/2016 General Fund Spec Dept Exp - Streets 233350 07/19/2016 General Fund Spec Dept Exp - Parks 233351 07/19/2016 General Fund Contract Svcs - SrC 233351 07/19/2016 General Fund Contract Svcs - SrC 233351 07/19/2016 Sewer Utility Fund Contractual Svs -Sewer 233352 07/19/2016 General Fund Spec Dept Exp - CH 233353 07/19/2016 General Fund Gas & Oil - Police 233353 07/19/2016 General Fund Unleaded Fuel Inventory 233354 07/19/2016 Water Utility Fund Spec Dept Exp - Water 233354 07/19/2016 Water Utility Fund Spec Dept Exp - Water 233354 07/19/2016 General Fund Sales Tax Payable 233354 07/19/2016 Water Utility Fund Spec Dept Exp - Water 233354 07/19/2016 Water Utility Fund Spec Dept Exp - Water 233354 07/19/2016 General Fund Sales Tax Payable 233354 07/19/2016 General Fund Spec Dept Exp - Parks 233354 07/19/2016 General Fund Spec Dept Exp - Parks 233354 07/19/2016 General Fund Sales Tax Payable 233355 07/19/2016 ISF - Fleet 233355 07/19/2016 ISF - Fleet Uniforms & Laundry Svcs -Fleet Page 39 of 42 Vendor Name Co of Sonoma Clerk Check Total: Comcast Comcast Comcast Check Total COMMUNICATION LEASING Check Total: D. WALTON SAW, INC. D. WALTON SAW, INC. Check Total: First Alarm Securities Services First Alarm Securities Services First Alarm Securities Services First Choice Check Total: Check Total_ Flyers Energy Flyers Energy Check Total Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Roy Garcia Roy Garcia Check Total Void Amount 50.00 100.00 19.54 51.09 555.33 625.96 250.00 250.00 105.00 45.00 150.00 89.97 60.00 893.01 1,042.98 98.90 98.90 882.82 508.65 1,391.47 59.41 0.27 -0.27 20.95 0.09 -0.09 24.42 0.11 -0.11 104.78 130.50 250.11 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 380.61 233356 07/19/2016 Sewer Utility Fund Spec Dept Exp -Sewer Grainger, Inc. 10.97 233356 07/19/2016 Sewer Utility Fund Spec Dept Exp -Sewer Grainger, Inc. 82.58 233356 07/19/2016 General Fund Spec Dept Exp - Streets Grainger, Inc. 62.99 233356 07/19/2016 General Fund Repairs & Maint Routine - SpC Grainger, Inc. 70.47 233356 07/19/2016 Sewer Utility Fund Spec Dept Exp -Sewer Grainger, Inc. 35.59 233356 07/19/2016 General Fund Spec Dept Exp - Streets Grainger, Inc. 280.74 233356 07/19/2016 General Fund Spec Dept Exp - Parks Grainger, Inc. 70.60 233356 07/19/2016 Water Utility Fund Spec Dept Exp - Water Grainger, Inc. 200.00 233356 07/19/2016 Sewer Utility Fund Spec Dept Exp -Sewer Grainger, Inc. 200.00 233356 07/19/2016 General Fund Spec Dept Exp - Parks Grainger, Inc. 200.00 233356 07/19/2016 General Fund Spec Dept Exp - Streets Grainger, Inc. 200.00 233356 07/19/2016 General Fund Spec Dept Exp - PW Grainger, Inc. 48.83 Check Total: 1,462.77 233357 07/19/2016 General Fund Developer Refundable Deposits Halle Properties, L.L.C. 3,063.02 233357 07/19/2016 General Fund Developer Refundable Deposits Halle Properties, L.L.C. 1,470.75 233357 07/19/2016 General Fund 2297 Revenue - DS Halle Properties, L.L.C. 1,470.75 233357 07/19/2016 General Fund 2297 Expenses - DS Halle Properties, L.L.C. -1,470.75 Check Total: 4,533.77 233358 07/19/2016 Water Utility Fund Uniforms & Laundry Svcs -Water Amber Hemmingsen-Chankin 300.00 233358 07/19/2016 Water Utility Fund Amber Hemmingsen-Chankin 150.00 Check Total: 450.00 233359 07/19/2016 ISF - Fleet Veh Rep NonDeptmtl - Fleet Horizon 21432 233359 07/19/2016 ISF - Fleet Veh Rep NonDeptmtl - Fleet Horizon 0.99 233359 07/19/2016 General Fund Sales Tax Payable Horizon -0.99 233359 07/19/2016 General Fund Spec Dept Exp - Parks Horizon 150.85 233359 07/19/2016 General Fund Spec Dept Exp - Parks Horizon 0.69 233359 07/19/2016 General Fund Sales Tax Payable Horizon -0.69 233359 07/19/2016 General Fund Spec Dept Exp - Parks Horizon 164.69 233359 07/19/2016 General Fund Spec Dept Exp - Parks Horizon 0.76 233359 07/19/2016 General Fund Sales Tax Payable Horizon -0.76 Check Total: 529.86 233360 07/19/2016 General Fund Training & Travel - Police Hyatt Regency Orange County 631.80 Check Total: 631.80 233361 07/19/2016 General Fund DEBORAH LAMAISON 46.99 Check Total: 46.99 Page 40 of 42 Check Number Check Date Fund Name 233362 07/19/2016 Sewer Utility Fund 233363 07/19/2016 General Fund 233363 07/19/2016 General Fund 233363 07/19/2016 General Fund 233364 07/19/2016 Water Utility Fund 233365 07/19/2016 Sewer Utility Fund 233366 07/19/2016 General Fund 233367 07/19/2016 Sewer Utility Fund 233368 07/19/2016 ISF - Fleet 233368 07/19/2016 ISF - Fleet 233369 07/19/2016 General Fund 233370 07/19/2016 General Fund 233371 07/19/2016 Water Utility Fund 233372 07/19/2016 General Fund 233373 07/19/2016 General Fund 233374 07/19/2016 ISF - Fleet 233374 07/19/2016 ISF - Fleet Account Name Vendor Name Uniforms & Laundry Svcs -Sewer Warren Naumann Check Total: Office Supplies - Police Office Depot Office Supplies - Police Office Depot Spec Dept Exp -Police Office Depot Check Total: Equipment < $5K - Water Power Industries Check Total: Spec Dept Exp -Sewer PR Diamond Products Inc Check Total: Rec Ref Clearing Arturo Pureco Check Total: Laguna Plant - Sewer City of Santa Rosa Check Total: Veh Rep NonDeptmtl - Fleet Santa Rosa Auto Parts Veh Rep NonDeptmtl - Fleet Santa Rosa Auto Parts Check Total: Uniforms - Police Santa Rosa Uniform & Career Apparel Check Total: Contract Svcs - Comm Events Gus Scherer Check Total: Osvaldo Segura Check Total: Spec Dept Exp - Streets Sherwin Williams Check Total: Softwr License & Maint - DS SHI International Corp Check Total: Veh Rep NonDeptmtl - Fleet Smothers Veh Rep NonDeptmtl - Fleet Smothers Page 41 of 42 Void Amount 300.00 300.00 151.84 110.74 23.81 286.39 101.68 101.68 196.00 196.00 400.00 400.00 762, 817.64 762, 817.64 849.57 96.71 946.28 143.44 143.44 500.00 500.00 150.00 150.00 205.52 205.52 411.00 411.00 50.10 0.12 Check Number Check Date Fund Name Account Name Vendor Name 233374 07/19/2016 General Fund Sales Tax Payable Smothers Check Total: 233375 07/19/2016 General Fund Production - Summer Programs Michella Snider Check Total: 233376 07/19/2016 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 233376 07/19/2016 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 233376 07/19/2016 General Fund Sales Tax Payable Syar Industries, Inc. Check Total: 233377 07/19/2016 General Fund Spec Dept Exp -Police JEFFREY K. TAYLOR Check Total: 233378 07/19/2016 General Fund Developer Refundable Deposits The Community Voice 233378 07/19/2016 General Fund 2297 Revenue - DS The Community Voice 233378 07/19/2016 General Fund 2297 Expenses - DS The Community Voice Check Total: 233379 07/19/2016 General Fund Contract Svcs - Comm Events Paul Urquhart Check Total: 233380 07/19/2016 Water Utility Fund Steven Villalobos Check Total: 233381 07/19/2016 Water Utility Fund SystemRepair - Water Wheeler Zamaroni Check Total: Report Total; AP -Checks for Approval (7/19/2016 - 2:48 PM) Page 42 of 42 Void Amount -0.12 50.10 1,000.00 1,000.00 117.87 0.55 -0.55 117.87 144.01 144.01 132.00 -132.00 132.00 132.00 500.00 500.00 150.00 150.00 449.14 449.14 2,908,857.87 Page 42 ITEM NO. 6C 1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Approving the Plans and Specifications for the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04), Awarding the Construction Contract to Ghilotti Construction Company, Inc. and Finding the Project Exempt under the California Environmental Quality Act RECOMMENDED ACTION: Adopt a Resolution Approving the Plans and Specifications for the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014- 04), Awarding the Construction Contract to Ghilotti Construction Company, Inc. and Finding the Project Exempt under the California Environmental Quality Act. BACKGROUND: The 2015 Various Streets Project will rehabilitate Enterprise Drive and Seed Farm Drive to coordinate with the opening of the Rohnert Park SMART station and to allow for the installation of pedestrian safety and wayfinding features included in the grant -funded Street Smart Rohnert Park Project. The project includes the following elements: • Rehabilitation of Seed Farm Drive from Enterprise to Santa Alicia Drive via Full -Depth Reclamation (FDR); • Rehabilitation of Enterprise Drive from Seed Farm Drive to State Farm Drive via FDR; and • Rehabilitation of Enterprise Drive from State Farm Drive to Commerce Boulevard via micro -surfacing. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the city's purchasing policy. The City's Purchasing Policy recognizes that for public works construction projects the City operates under California Uniform Public Construction Cost Accounting Act (CUPCCAA). In accordance with CUPCCAA, staff posted and published an Invitation to Bidders on May 26, 2016. The engineer's estimate for the project was $593,000. The City received one (1) bid listed as follow: Contractor Bid Amount Ghilotti Construction Company, Inc. $688,727.90 1 ITEM NO. 6C1 Staff believes that the reason the City only received one bid for the project is that Ghilotti Construction Company is already mobilized at the SMART station site at the intersection of Enterprise and Seed Farm Drives. This fact likely reduced interest from other contractors, who were not similarly situated. In addition to the lack of competition, the relatively high bid likely also reflects the fact that most construction contractors are quite busy compared to previous years, which tends to increase construction costs. Staff reviewed the bid for responsiveness and contractor responsibility. The contractor is found to be responsible and responsive. Staff recommends awarding the contract because the project is necessary to both improve the condition of these two roadways and to prepare for the grant - funded Street Smart Rohnert Park project which the City will bid shortly. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. Specifically the action aligns with the City's vision to improve transportation and infrastructure. ENVIRONMENTAL ANALYSIS: The scope of work is pavement rehabilitation via micro - surfacing, dig -out repair and restriping of existing roadway. The re -pavement will not expand the footprint of the road, rather it will rehabilitate roadway that has deteriorated. It is therefore categorically exempt from the California Environmental Quality Act ("CEQA") under the CEQA Guidelines sections 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction). OPTIONS CONSIDERED: None. The recommended action is necessary to proceed with the rehabilitation of Seed Farm Drive and Enterprise Drive and to prepare for the grant -funded Street Smart Rohnert Park Project. FISCAL IMPACT/FUNDING SOURCE: This action has a fiscal impact of $757,600.69 (the $688,727.90 contract together with a 10% allowance for change orders). The 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) has an approved budget of $900,000 funded from Gas Tax, Measure M and the Road Refuse Impact Fund. To date the City has made the following funding commitments to the project: • $89,000.00 for design services; • $47,870.00 for construction management services (proposed 7/26/16 agenda). Together the design, construction management, construction contract and contingency allowance total $894,470.69 which can be accommodated within the approved budget for the project. Department Head Approval Date: 7/8/2016 City Attorney Approval Date: 6/29/2016 Finance Director Approval Date: 7/11/2016 City Manager Approval Date: 7/18/2016 Attachments (list in packet assembly order): 1. Resolution Approving the Plans and Specifications for the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04), Awarding the Construction Contract to Ghilotti Construction Company, Inc. and Finding the Project Exempt under the California Environmental Quality Act. 2. Exhibit A - Construction Contract Agreement 2 RESOLUTION NO. 2016-80 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2015-16 VARIOUS STREETS PROJECT (ENTERPRISE AND SEED FARM DRIVE) (PROJECT NUMBER 2014-04), AWARDING THE CONSTRUCTION CONTRACT TO GHILOTTI CONSTRUCTION COMPANY, INC. AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the 2015 Various Streets Project (Enterprise and Seed Farm) (Project Number 2014-04) and hereinafter "Project" includes the rehabilitation of the existing pavement surface on Enterprise Drive and Seed Farm Drive; and WHEREAS, the plans and specifications for the Project were prepared by the City's design consultant and approved by the City Engineer; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the City's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.17 Contracts for Public Projects which defers to the California Uniform Public Construction Cost Accounting Act (CUPCCAA), an invitation to bid was posted/published on May 26, 2106, for the Project; and WHEREAS, One (1) bid was received on the bid opening date of June 29, 2016; and WHEREAS, Development Services staff determined that Ghilotti Construction Company, Inc. submitted the lowest cost bid and is the lowest responsive and responsible bidder with a bid amount of $688,727.90; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and material to this Resolution. 2. The plans and specifications for the 2015 Various Streets Project (Enterprise and Seed Farm) (Project Number 2014-04) are hereby approved and adopted. 3. The City Council finds that the Project is exempt from review under the California Environmental Quality Act ("CEQA") because the scope of the project is pavement rehabilitation, and is therefore categorically exempt under CEQA Guidelines section 15301 (Existing Facilities) and 15032 (Replacement or Reconstruction), and directs staff to file a Notice of Exemption for the project. 4. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 5. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of Ghilotti Construction Company, Inc. for the Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with Ghilotti Construction Company, Inc., in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of the base bid for the six hundred eighty eight thousand seven hundred twenty seven dollars and ninety cents ($688,727.90) for construction of the Project in accordance with the bid documents and applicable law upon submission by Ghilotti Construction Company, Inc. of all documents required pursuant to the Project bid documents. 7. The City Manager is hereby authorized to execute change orders in an amount not to exceed 10% of the base bid or sixty-eight thousand eight hundred seventy-two dollars and seventy-nine cents ($68,872.79). 8. City staff is hereby directed to issue a Notice of Award to Ghilotti Construction Company, Inc. for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 26th day of July, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: Caitlin Saldanha, Deputy City Clerk Attachment: Exhibit A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-80 Exhibit A CONTRACT ROHNERT PARK ROAD REHABILITATION PROJECT NUMBER 2015-23 THIS AGREEMENT, made and entered into this 29th day of July, 2016, by and between Ghilotti Construction Company, Inc. hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on July 29, 2016, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor's bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within ten (10) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within forty (40) working days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor's work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of One thousand dollars ($1,000.00) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Pa. ents: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $688,727.90. 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals C) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable 2 to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to 3 five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 4 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor's duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor's insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions 5 of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor's surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the 0 Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and C. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City's sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. 7 Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK Ghilotti Construction Company, Inc. City Manager Date Name/Title Date Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of July 29, 2016. ATTEST: City Clerk 0 APPROVED AS TO FORM: City Attorney �LpHNERT pARg .� Mission Statement � sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CAL lF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Department of Public Safety Submitted By: Mike Bates, Commander Prepared By: Jeff Nicks, Sergeant ITEM NO. 6C2 Agenda Title: Consideration of Accepting a Grant in the amount of $41,800 from the Department of Alcoholic Beverage Control for Grant Assistance Program (GAP) Funds RECOMMENDED ACTION: Adopt a resolution accepting a $41,800 grant from the California Department of Alcoholic Beverage Control for Grant Assistance Program (GAP) funds. BACKGROUND: In March, the Department of Public Safety applied for a joint Grant Assistance Program (GAP) grant from the California Department of Alcoholic Beverage Control in the amount of $41,800. The grant funding is to mitigate alcohol-related nuisances and crimes, target problem premises with special emphasis on alcohol-related nuisance abatement, and reduce youth access to alcohol from licensed premises in the cities of Rohnert Park and Cotati. Under this multi -agency grant, the Rohnert Park Department of Public Safety will act as the administrator and will work closely with the Cotati Police Department to effectuate the terms of the grant agreement. Acceptance of this grant will allow the agencies to focus on conducting a multitude of programs designed to mitigate alcohol-related nuisances and crimes such as Minor Decoy, Shoulder Tap, Trap Door, Task Force, IMPACT, Responsible Beverage Service (RBS) Trainings, and Teenage Party Enforcement operations. Because of the specialized nature of the grant terms, these programs are considered supplemental public safety services and are therefore developed and implemented on an overtime basis at no cost to the general fund. ANALYSIS: Through this ongoing collaboration with the City of Cotati via the ABC grant funding, the cities have jointly been successful in providing education and training to businesses that sell alcohol as well as the enforcement of alcohol-related violations. Accepting this grant will allow for continued pro -active education to businesses and progress towards reducing the number of problems encountered by law enforcement associated with alcohol-related issues. 1 ITEM NO. 6C2 STRATEGIC PLAN ALIGNMENT: Goal B: Achieve and maintain financial stability. Strategy: Adopt budget principles which promote fiscal responsibility and discipline by living within our means and seeking alternative funding sources. Goal C: Ensure the effective delivery of public services. Strategy: Deliver the highest quality services in the most cost effective manner with an emphasis on excellent customer service. OPTIONS CONSIDERED: (list however many are appropriate) 1. Option 1: Recommended. Approve the grant to provide pro -active education and enforcement activity to combat alcohol related crimes. This option affords the agency the opportunity to continue alcohol related crime enforcement on an overtime basis without drawing from the General Fund. 2. Option 2: Not Recommended. The alternative would be to not accept the Grant funds which would significantly reduce the agency's ability to conduct further alcohol related education outreach as well as enforcement activities. FISCAL IMPACT/FUNDING SOURCE: Funds are dispersed by the State of California Department of Alcoholic Beverage Control on a monthly reimbursement basis. Allocations are based on the previous month's expenditures. This grant does not require matching funds. The grant funding will be managed under a program budget format and will not impact the General Fund. Department Head Approval Date: 7/1/16 Finance Director Approval Date: 7/1/16 City Attorney Approval Date: 7/11/16 City Manager Approval Date: 7/14/16 Attachments (list in packet assembly order): 1. Approving Resolution 2. Grant Award Letter 3. Grant Proposal 2 RESOLUTION NO. 2016 - RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING A GRANT IN THE AMOUNT OF $41,800 FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR GRANT ASSISTANCE PROGRAM FUNDS WHEREAS, the City of Rohnert Park desires to undertake a certain project designated as the Rohnert Park Department of Public Safety and Cotati Police Department Joint ABC Grant to be funded from monies made available through the Grant Assistance Program (GAP) administered by the State of California's Department of Alcoholic Beverage Control ("ABC"), and; WHEREAS, the grant funding is specifically targeted to mitigate alcohol-related nuisances and crimes, target problem premises with special emphasis on alcohol-related nuisance abatement, and reduce youth access to alcohol from licensed premises in the cities of Rohnert Park and Cotati. Acceptance of this grant will allow the agencies to focus on conducting a multitude of programs designed to mitigate alcohol-related nuisances and crimes such as Minor Decoy, Shoulder Tap, Trap Door, Task Force, IMPACT, Responsible Beverage Service (RBS) Trainings, and Teenage Party Enforcement operations. Because of the specialized nature of the grant terms, these programs are considered supplemental public safety services and are therefore developed and implemented on an overtime basis at no cost to the general fund. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipients and the authorizing agencies. The State of California and ABC disclaim responsibility for any such liability, and; IT IS ALSO AGREED that this award is not subject to local hiring freezes. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Rohnert Park that it does hereby accept a grant in the amount of $41,800 from the State of California Department of Alcoholic Beverage Control for Grant Assistance Program (GAP) funds and authorizes the Director of Public Safety to be the Chief Authorizing Official, the City's Finance Director to be the Fiscal Official, and Sergeant JeffNicks to be the Program Director whose duties will be to execute the attached contract on behalf of the City Council of the City ofRohnert Park , including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. BE IT FURTHFR.RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. DULY AND REGULARLY ADOPTED this 26th day of July, 2016. CITY OF ROHNERT PARK Gina Belforke, Mayor ATTEST: AHANOTU: CALLINAN: STAFFORD:. MACKENZIE' BELF.OwrE; AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) (2) • •q� � •� a _�i .• � � .0 �� . DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2500 FAX (916) 419-2599 June 3, 2016 Brian Masterson, Director Rohnert Park Department of Public Safety 500 City Center Drive Rohnert Park, CA 94928 Subject: Grant Contract 16G-LA37 Dear Mr. Brian Masterson: Enclosed are three (3) copies of the Standard Agreement STD 213 contract to be entered into between the Department of Alcoholic Beverage Control and the Rohnert Park Department of Public Safety for the total amount of $41,800. To help expedite processing, please ensure below items are completed before returning documents. 1. Budget Detail/Exhibit B — Adjust dates and dollar amounts in the Travel category and resubmit Budget page. 2. Sign and return all three (3) copies to my attention. Each contract must have an original signature. 3. A copy of your Governing Body's Resolution in acceptance of this funding. 4. Include your Federal Taxpayer's Identification Number here and return this document with the signed STD213's. After we receive the above information from your agency, we will process the contract package for approval. Upon approval, we will execute a fully signed contract for your records. If you have any questions, please feel free to me contact at (916) 419-2572. Sincerely, Suzanne Pascual Grant Coordinator Enclosures Cc: Sergeant Jeff Nicks, Project Director (enclosure not included) STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 16G-LA37 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CONTRACTOR'S NAME City of Rohnert Park through the Rohnert Park Department of Public Safety 2. The term of this July 1, 2016 through June 30, 2017 Agreement is: 3. The maximum amount $ 41,800 of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work 3 page(s) Exhibit B — Budget Detail and Payment Provisions Exhibit C* — General Terms and Conditions Check mark one item below as Exhibit D: 8Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E — Additional Provisions 3 page(s) GTC 610 1 page(s) page(s) Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dgs.ca.govlols/Resources/StandardContraclLanguage.aspx IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Rohnert Park through the Rohnert Park Department of Public Safety BY (Aurh Iz d Signature) DATE SIGNED(Do nor type) M PRINV94 AME AND TITLE OF PERSON SIGNING Brian Masterson, Director ADDRESS 500 City Center Drive Rohnert Park, CA 94928 STATE OF CALIFORNIA 11 AGENCY NAME �I Department of Alcoholic Beverage Control Ij BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING II Randall Deems, Assistant Director, Administration ADDRESS 3927 Lennane Drive, Suite 100, Sacramento CA 95834 California Department of General Services Use Only ® Exempt per: SCM 4.04.(A)(3) Exhibit A SCOPE OF WORK PROJECT NARRATIVE - ABC (GAP) GRANT - Fiscal Year 2016/2017 "Rohnert Park and Cotati Continue to Work Together to Reduce Alcohol Related Crimes" Summary: The City of Rohnert Park, or "Friendly City", is roughly seven square miles and according to the US Census Bureau is home to about 42,262 people. Rohnert Park is a tight knit community made up of a population of 76.1 % White, 1.9% African Americans, 1.0% American Indian, 5.25% Asian and 22.1 % Hispanic ethnicities. Rohnert Park is tucked away in the bustling county of Sonoma and is a suburb to San Francisco. The city itself was founded in 1962 and from its inspection the Rohnert Park Department of Public Safety (RPDPS) was founded. RPDPS is currently made up of 63 sworn members serving in the Patrol, Detective, Motor and Fire divisions. RPDPS is one of two specialized departments that members are cross trained in both the police and fire disciplines. The City of Cotati is nearly 2 square miles and according to the US Census Bureau is home to about 7,429 people. Cotati is known as the "Hub of Sonoma County" and is made up of 81.6% White, 1.7% African American, 1.0% American Indian, 3.9% Asian and 17.3 % Hispanic. As of January 1, 2016, Cotati Police Department (CPD) is staffed by 7 full time Police Officers, 1 Reserve Officer, a Police Sergeant, a Lieutenant and the Chief of Police. Tucked away in the eastern corner of Rohnert Park is Sonoma State University (SSU). According to the 2013 enrollment numbers there were nearly 10,000 undergraduate students enrolled at the school. The majority of students live, work and more importantly, play in the cities of Rohnert Park and Cotati. SSU is made up of 66.1% White, 2% African American, .8% American Indian, 4.5% Asian and 13.9% Hispanic. In 2014 SSU opened the Green Music Center. The Green Music Center is an attraction that offers various performance artists for entertainment. This venue attracts people from all over the North Bay to Rohnert Park and Cotati. Rohnert Park and Cotati officers have a long history of working cooperatively together. Due to the geographic set up of the cities, many officers have formed strong working relationships. More often than not, officers relay on one and other to offer mutual aid to serve the citizens of both communities. Officers from both agencies are trained in general law enforcement, traffic enforcement, criminal investigations, community oriented policing, and crime prevention. Officers in both agencies work within the patrol, detective, and traffic division at their perspective departments. At both agencies there are subject matter experts in ABC related laws and regulations, gang enforcement, and narcotics and/or street crimes. RPDPS has 15 officers assigned full time, on a rotational basis, to the fire division. Officers assigned to the fire division keep their full peace officer powers and are responsible for fire prevention, fire suppression and basic life support medical care. RPDPS fire crews also assist the neighboring Ranch Adobe Fire District in serving the rural and urban areas of Cotati. The communities of Rohnert Park and Cotati truly share a symbiotic relationship to keep our communities safe. The agencies will work cooperatively, without borders, to accomplish the goals and objectives through 57 enforcement operations, 25 Responsible Beverage Service (RBS) Trainings, and IMPACT inspections a majority of licensed premises in Rohnert Park and Cotati. In order to carry out the campaign both agencies are asking for a grant award of $41,800.00. RPDPS and CPD have a proven track record for aggressively combating alcohol related nuisances and crimes. Past grants have resulted in a high level of arrest statistics. A strong working relationship has been established with Agents from the Department of Alcoholic Beverage Control Santa Rosa Office, including Tony Corrancho and Agent Dave Bickel of the GAP Unit. Our goals and objectives in this grant cycle are to mitigate alcohol related nuisances and crimes as a result of the opening of the Graton Resort and Casino and Green Music Center in Rohnert Park; target problem premises with special emphasis on alcohol related nuisance abatement through education and enforcement; reduce alcohol related nuisances and crimes in the Downtown Cotati corridor (primary focus will be on Thursday nights); reduce youth access to alcohol through preventive measures, by keeping merchants informed, and enforcement. Prevention, compliance and enforcement tasks will utilize the proven methods of Responsible Beverage Service (RBS) Training, IMPACT, Trap Door, Shoulder Tap and Minor Decoy Operations along with uniformed and plainclothes officers observing behaviors and tendencies in and around licensed establishments. The City of Rohnert Park currently has 94 (30 Ofd Sale and 64 On -Sale) businesses licensed to sell alcoholic beverages as opposed to Cotati's 46 (14 Off -Sale and 32 On -Sale). There are 2 On -Sale licensees at Sonoma State University. Rohnert Park added 17 licensed establishments this past year. Since the opening of the Graton Rancheria and Casino the City of Rohnert Park has seen a sharp increase in violent, drug and theft related crimes throughout the city, especially in the area of the casino. The Downtown Cotati Exhibit A corridor has several licensed premises within a small concentrated area. This over concentration leads to an array of alcohol related nuisances and crimes. The Cotati Police Department's resources have been, specifically, strained on Thursday evenings as the five bars/ nightclubs in the "Downtown Corridor" tend to attract large crowds from Sonoma State University and Santa Rosa Junior College as well as the outlying area. Problem Statement: Since the opening of the Graton Rancheria and Casino, the City of Rohnert Park has seen a sharp increase in crime. The area that directly surrounds the Casino has seen the largest increase. Graton Casino is the largest Las Vegas style Indian Casino in the state of California. The Casino offers alcohol service at the slots and tables, offers a number of bars and alcohol lounges, nine casual dining outlets and four fine dining restaurants. Currently under construction on the grounds is a full scale high end hotel and event center. At its completion the hotel will have over 200 rooms, a 9,000 square foot event center, an outdoor pool area and full spa. Graton Casino offers full bus service to willing gamblers as far away as San Jose and Brentwood in the Bay Area. Rohnert Park is home to Sonoma State University (SSU). The majority of the student population, roughly 6,00 students, live off - campus within the city of Rohnert Park. Due to an increased number of parties thrown by SSU students, the City of Rohnert Park enacted the "Loud and Unruly Party" municipal code. Many college aged parties will be made up 10 to 200 people at a time, many of which participate in heavy drinking. These parties are also attended by those who are under the legal drinking age. Area residents often times call in the middle of the night because of noise, vandalism to their property, fights in the streets, subjects attempting to enter their homes due to their intoxication, drunk driving and subjects trespassing on their property to urinate in their yards. SSU parties.have caused calls for service in the evenings, at times, to nearly double to address these issues. Zero tolerance enforcement and posting of 160 day notices prohibiting the hosting of a party has made little impact. Weekend officers frequently find themselves moving from party call to party call. A grant team can dedicate resources at the scene to issue citations for alcohol related crimes. In 2012, SSU unveiled their newest addition to the campus, the critically acclaimed Green Music Center. The Green Music Center is a state of the art indoor and outdoor entertainment venues that feature live music, comedians, speakers and other special events. The Green Music Center, at the direction of the onsite SSU Catering service, is also home to a full restaurant and event food services. Staff within the catering service department serve and manage alcohol sales to visitors at special events and their restaurant. The downtown Cotati area continues to make a strain of the resources of CPD. The student populations of SSU, Santa Rosa Junior College (SRJC) and people corning from outside the area flood the streets of Cotati nearly every Thursday for the "Cotati Crawl". The "Crawl" creates an atmosphere that allows patrons to easily move from one bar to the next, often with increasing levels of intoxication. In the downtown corridor of Cotati there are a total of 17 on and off -sale Iicensees within two blocks. On the nights of the crawl it is not uncommon for the city to be inundated with 1,000 to 2,000 people. Many of the patrons of the "crawl" are of college age. Frequently many of those, and more times than not, are under the legal drinking age. Within this population many of the patrons gain access to bars and alcohol with the use of a fake, borrowed or altered identification. This large influx of people has also shown to cause a sharp increase in fights, vandalism, urinating in public, various sex acts in public, littering, and has shown to become over intoxicated in the downtown area of Cotati. Theses nuisances and crimes pushed the local business owners and local residents to contact their city council and work towards the passing of a drinking, urinating and possessing an open container in public city ordinances. In both communities there is a large transient population that frequently travels from town to town. Many of these persons are known to nearly all officers as habitual drunkards causing nuisances in neighborhoods, community parks, running trails and local businesses. Many of these individuals have been arrested numerous times for being under the influence of alcohol, loitering, urinating in public, vandalism, battery and other nuisance crimes. During many of the times they are arrested, they are also found to be in possession of alcohol, and on probation for alcohol related crimes. Many of these people congregate in their own areas of town and visit the same convenience stores to purchase alcohol. This population drinks steadily throughout the day and show increasingly more signs of being too intoxicated to consume more alcohol and/or care safely for themselves in public. Goals and Objectives: Project Goals: 1. Mitigate alcohol related nuisances and crime as a result of the opening of the Graton Rancheria and Casino, Green Music Center and a growing SSU student population in Rohnert Park and Cotati. 2. Reduce youth access to alcohol from licensed premises 3. Reduce alcohol related nuisances and crimes in the Downtown Cotati corridor 4. Mitigate the sales of alcohol to overly intoxicated persons at both on -sale and off -sale premises 5. Target problem premises with an emphasis on education, in conjunction with enforcement Exhibit A Project Objectives: 1. Complete a press release by August 1, 2016 to "kick off" and publicize the project. Issue periodic press releases regarding grant activity and e-mail copies of the press released to the GAP Agent. 2. Work with the Sonoma County District Attorney's Office to create a policy for dealing with the enforcement of selling alcohol to overly intoxicated patrons by August 1, 2016. 3. Create a list of habitual drunkards that frequent the cities of Rohnert Park and Cotati and contact licensed premises in an effort to stop the sales of alcohol to overly intoxicated individuals by June 30, 2017. 4. Conduct 6 "Cops in Shops" operations to combat the passing of fake, altered and forced identifications by June 30, 2017. 5. Conduct 26 Shoulder Tap, Minor Decoy, and/or Party Patrol Operations before June 30, 2017. 6. Conduct 2 Task Force Operations by June 30, 2017 7. Conduct 24 Downtown Enforcement Operation and/or Rohnert Park Cotati Party Patrol operations by June 30, 2017 8. Conduct 3 IMPACT Operations to inspect the majority of licensed premises in the City of Cotati by June 30, 2017. Continue compliance checks, as mandated by city ordinance, of the majority of licensed premises in the City of Rohnert Park; cost incurred to inspect Rohnert Park licensed premises will be funded by the City of Rohnert Park. 9. Host 25 Responsible Beverage Service (RBS) Trainings by June 30, 2017 (Courses for Graton Resort and Casino, Cotati Licensed Premises and Sonoma State University Catering Employees will be funded under the grant. An additional nineteen RBS Trainings will be scheduled to meet city ordinance mandate (Per city ordinance, new employees have 60 days to attend RBS training and refresher training every 3 years); cost incurred to host additional RBS Trainings will be funded by the City of Rohnert Park 10. Conduct two "Outreach" meetings Sonoma State University student groups (fraternities, sororities, clubs, etc.) to maintain an open dialogue in regards to student conduct at local parties, in the Downtown Cotati corridor and the responsible use and possession of alcohol in our communities by June 30, 2017. 11. Host two "town hall" meetings with neighboring residences of the Downtown Cotati Corridor to identify problems and provide instruction on how to complete a Citizen's Log of Disruptive Behavior. To be completed by June 30, 2016. Personnel: As GAP Project Director I (Sgt. Jeff Nicks) have inherited, and have been a part, of a successful team of interested officers to conduct grant operations on an overtime basis. This team consists of motivated Sergeants and Officers whose main focus is to proactively combat alcohol related nuisances and crimes. Only dedicated members serve on this team as there is a high expectation to make an impact during prevention programs and enforcement operations. There is a ZERO tolerance expectation during these enforcement periods. The team members are as follows: Sergeants: J. Nicks, J. Justice, Officers assigned to patrol division: C. Kaupe, B. Gallo, K. Astley, M. Snodgrass, N. Miller, A. Savas, N. Bryse, L. Cooper; Officers assigned to fire division: M. Werle and J. Huffaker; Officer assigned to detective bureau: J. Kempf and T. Douglas. Each operation will be overseen by a sergeant or officer who is well versed in the Alcohol Beverage Control Act, ABC Enforcement Manual, Rule 141, and other related laws and procedures. The supervising officer will be joined by one additional officer and/ or the GAP Agent. The supervising officer will report results to the GAP Project Director. The Task Force Operation will consist of three -two officer teams and the GAP Agent. The Rohnert Department of Public Safety has consistently produced a reliable compliment of minor decoys through the years. Due to their dependability, our decoys are frequently used by other grant recipient agencies as well as ABC Agents throughout the state. Many decoys have found their way to becoming successful officers with various law enforcement agencies throughout the state. All decoys receive extensive training and must abide by ABC rules and regulations. As a dedicated representative of the two agency cooperative effort, I will be responsible for oversight of grant operations, preparation and submission of monthly and final reports, and will continue to be an agency liaison to the Department of Alcoholic Beverage Control. I have experience as a GAP Project Director under our last grant award, as a participant in several previous grants, as well as an ABC Mini -Grant Director. I will also participate in prevention activities and enforcement operations. We look forward to the opportunity to continue a proven and invaluable relationship with the Department of Alcoholic Beverage Control. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Round budget amounts to nearest dollar) A. Personnel Services (straight time salaries, overtime, and benefits) An average overtime rate of $75.00 was used for all calculations. The budget projection is based on the following operations: 24 (5 hr.) Downtown Cotati, Problem remise, Special Event General Enforcement & Trapdoor Operations (2 Officers - $38,650.00 $18,000); 16 (8 hr.) Shoulder Tap, Minor Decoy, and Party Patrol Operations (2 Officers - $9,200); three (8 hr.) IMPACT Checks at Cotati Licensed Premises ($1,800); two (8 hr.) Task Force Operation, (6 Officers - $7,200), six (5 hr.) Responsible Beverage Service (RBS) Courses for Casino Employees, SSU Catering & Cotati Licensed Merchants ($2,250). Two (1 hr.) "Town Hall" Meetings ($150) $38,650.00 TOTAL PERSONNEL SERVICES B. Operating Expenses (maximum $2,500) $650.00 "Buy money" for enforcement operations. TOTAL OPERATING EXPENSES $650.00 C. Equipment (maximum $2,500) — $0.00 $0.00 ---- -- TOTAL EQUIPMENT D. Travel Expense/Registration Fees (maximum $2,500)_ (Registration fee for July 2016 GAP Conference attendees is $275 each) Registration fee for 2016 GAP Conference. Two attendees at $275 each $550.00 Lodging, per diem, and travel expense for 2016 GAP Conference. $1,950.00 TOTAL TRAVEL EXPENSE $2,500.00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $41,800.00 PAYMENT PROVISION Page 1 of 2 Exhibit B 1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears and made via the State Controller's Office. Invoices shall be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statutes of 2016. 2. Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents bearing those names. No revision can exceed allotted amount as shown on Budget Detail. The total amount of the contract must remain unchanged. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5. Title shall be reserved to the State for any State -furnished or State -financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. PAYMENT PROVISION Page 2 of 2 Exhibit B 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. Updated 2/19/16 Exhibit D Special Terms and Conditions Disputes: Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Termination Without Cause: Either party may terminate this agreement at any time for any reason upon ten (10) days written notice. No penalty shall accrue to either party because of contract termination. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2016, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguape.aWx . 5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. Updated 2/19/16 GRANT ASSISTANCE PROGRAM (GAP) 2016-2017 GRANT FORMS EDMUND G. BROWN JR., Governor State of California JACOB A. APPELSMITH, Director Department of Alcoholic Beverage Control March 2016 GRANT FORMS Includes: • Proposal Cover Sheet Scope of Work • Budget Detail • Other Funding Sources • Resolution of Governing Body (Sample) Resolution not needed with RFP package. This will be requested from agencies awarded a grant. State of California Department of Alcoholic Beverage Control Grant Assistance Pro ram PROPOSAL COVER SHEET (TO BE COMPLETED BY APPLICANT AGENCY) 1. Name of Applicant Agency: Rohnert Park Department of Public Safety, Cotati Police Department 2. Description of Applicant Agency: The Cities of Rohnert Park and Cotati share common borders and it is not uncommon for officers from these adjoining agencies to provide mutual aid assistance to one another; therefore, an established and favorable working relationship exists. Both agencies have worked for years, amicably, together during past grants. Currently, the Rohnert Park Department of Public Safety has 63 sworn Public Safety Officers and the Cotati Police Department has 11 sworn Police Officers. Both agencies have felt the impact of a rising student population of Sonoma State University and the opening of the largest Las Vegas style casino in the state of California, Graton Rancheria and Casino. Both cities have seen a significant rise in Part 1 crimes in the past three years. 3. Number of Licenses in Project Area: 140 4. Population of Service Area: 49,691 5. Project Description: The goals are to mitigate alcohol related issues as a result of the opening of the Graton Resort and Casino, the Green Music Center at Sonoma State University in Rohnert Park and the student population at Sonoma State University and Rancho Cotate High School, target problem premises with special emphasis on alcohol related nuisance abatement through education and enforcement; reduce alcohol related nuisances and crimes in the Downtown Cotati corridor (primary focus will be on Thursday nights); reduce youth access to alcohol through preventive measures, by keeping merchants informed, and enforcement. Prevention, compliance and enforcement objectives will be carried out through the proven methods ofResponsible Beverage Service Training, IMPACT, Shoulder Tap, Minor Decoy, and Trap Door Operations, along with officers observing behaviors and tendencies in and around licensed establishments. The agencies will work jointly and without borders to accomplish these goals and objectives. There will be at least 40 Enforcement Operations, 25 Responsible Beverage Service (RBS) Trainings, and IMPACT inspections at local licensed premises. 6. Funds Requested: $42,150.00 17. Proiect Period: July 1, 2016 -June 30, 2017 8. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract. A. Project Director (person having day-to-day B.Chief of Police or Sheriff responsibility for the project) (authorizing official) Name: Jeff Nicks Name: Brian Masterson Address: 500 City Center Drive Address: 500 City Center Drive Rohnert Park, Ca. 94928 Rohnert Park, Ca. 94928 Phone: 707 584-2600 Phone: 707 584-2600 Fax: 707 584-2683 Fax: 707 584-2656 E. Mail Address: jnicks@rpcity.org E. Mail Address: bmasterson@rpcity.org Signature: Signature: Title: Sergeant Title: Director of Public Safety C.Fiscal or Accounting Official D.ABC USE ONLY Name: Betsy Howze Address: 130 Avram Avenue Rohnert Park, Ca. 94928 Phone: 707 585-6717 Fax: 707 794-9248 E. Mail Address: bhowze@rpcity.org Signature: Title: Finance Manager SCOPE OF WORK Maximum of 4 pages for scope of work Font size no smaller than 12 pitch, standard format 1. Summary a. Agency Description — Describe your agency, including size, structure, staffing, demographics of jurisdiction, and number of ABC licensed locations. b. Funding Requested — Dollar amount requested. c. Goals and Objectives — List the goals and objectives of your project. d. Number of ABC Licensed Locations — List the number of on -sale and off -sale licenses in your jurisdiction. 2. Problem Statement - Describe the issues or problems to be addressed with grant funds. a. Clearly identify the area to be served, any specific problem locations, any specific community concerns, and the factors contributing to the problem. 3. Project Description - What are the goals and objectives of the proposed project? a. Describe in detail the goals and objectives you wish to accomplish. b. Objectives should be measurable, concise, deal with a specific item, and be realistic with a reasonable probability of achievement. c. You are encouraged to be creative and to state your objectives by describing them in terms of tasks that you want to accomplish. d. You are also encouraged to utilize ABC enforcement strategies that target the illegal purchasing of alcoholic beverages as well as the illegal sale of alcoholic beverages. 4. Project Personnel — Describe the staffing required to carry out the grant objectives as supported by the proposed budget. a. Include the number of staff, type of staff, and staff qualifications. b. Include unit/division that will be responsible for the grant. c. Include the names, rank, and current assignment of personnel involved. 5. Budget a. Budget Detail — A sample budget display appears in the Grantee Handbook. The budget is the basis for management, fiscal review, and audit. Project costs must be directly related to the objectives and activities of the project. The budget must be detailed and cover the entire grant period. Include only those items specifically authorized; i.e., salaries, overtime, employee benefits, travel, operating expenses, and certain items of equipment. (Refer to Grantee Handbook, Section I, for details on preparing your budget.) b. Other Funding Sources -Describe other funds that your Department will contribute towards the success of this project. Exhibit A SCOPE OF WORK PROJECT NARRATIVE - ABC (GAP) GRANT - Fiscal Year 2016/2017 "Rohnert Park and Cotati Continue to Work Together to Reduce Alcohol Related Crimes" Summary: The City of Rohnert Park, or "Friendly City", is roughly seven square miles and according to the US Census Bureau is home to about 42,262 people. Rohnert Park is a tight knit community made up of a population of 76.1% White, 1.9% African Americans, 1.0% American Indian, 5.25% Asian and 22.1% Hispanic ethnicities. Rohnert Park is tucked away in the bustling county of Sonoma and is a suburb to San Francisco. The city itself was founded in 1962 and from its inspection the Rohnert Park Department of Public Safety (RPDPS) was founded. RPDPS is currently made up of63 sworn members serving in the Patrol, Detective, Motor and Fire divisions. RPDPS is one of two specialized departments that members are cross trained in both the police and fire disciplines. The City of Cotati is nearly 2 square miles and according to the US Census Bureau is home to about 7,429 people. Cotati is known as the "Hub of Sonoma County" and is made up of81.6% White, 1.7% African American, 1.0% American Indian, 3.9% Asian and 17.3 %Hispanic. As of January 1, 2016, Cotati Police Department (CPD) is staffed by 7 full time Police Officers, 1 Reserve Officer, a Police Sergeant, a Lieutenant and the Chief of Police. Tucked away in the eastern comer of Rohnert Park is Sonoma State University (SSU). According to the 2013 enrollment numbers there were nearly 10,000 undergraduate students enrolled at the school. The majority of students live, work and more importantly, play in the cities of Rohnert Park and Cotati. SSU is made up of 66.1% White, 2% African American, .8% American Indian, 4.5% Asian and 13.9% Hispanic. In 2014 SSU opened the Green Music Center. The Green Music Center is an attraction that offers various performance artists for entertainment. This venue attracts people from all over the North Bay to Rohnert Park and Cotati. Rohnert Park and Cotati officers have a long history of working cooperatively together. Due to the geographic set up of the cities, many officers have formed strong working relationships. More often than not, officers relay on one and other to offer mutual aid to serve the citizens of both communities. Officers from both agencies are trained in general law enforcement, traffic enforcement, criminal investigations, community oriented policing, and crime prevention. Officers in both agencies work within the patrol, detective, and traffic division at their perspective departments. At both agencies there are subject matter experts in ABC related laws and regulations, gang enforcement, and narcotics and/or street crimes. RPDPS has 15 officers assigned full time, on a rotational basis, to the frre division. Officers assigned to the Erre division keep their full peace officer powers and are responsible for fire prevention, fire suppression and basic life support medical care. RPDPS fire crews also assist the neighboring Ranch Adobe Fire District in serving the rural and urban areas of Cotati. The communities of Rohnert Park and Cotati truly share a symbiotic relationship to keep our communities safe. The agencies will work cooperatively, without borders, to accomplish the goals and objectives through 57 enforcement operations, 25 Responsible Beverage Service (RBS) Trainings, and IMPACT inspections a majority of licensed premises in Rohnert Park and Cotati. In order to carry out the campaign both agencies are asking for a grant award of$41,800.00. RPDPS and CPD have a proven track record for aggressively combating alcohol related nuisances and crimes. Past grants have resulted in a high level of arrest statistics. A strong working relationship has been established with Agents from the Department of Alcoholic Beverage Control Santa Rosa Office, including Tony Corrancho and Agent Dave Bickel of the GAP Unit. Our goals and objectives in this grant cycle are to mitigate alcohol related nuisances and crimes as a result of the opening of the Graton Resort and Casino and Green Music Center in Rohnert Park; target problem premises with special emphasis on alcohol related nuisance abatement through education and enforcement; reduce alcohol related nuisances and crimes in the Downtown Cotati corridor (primary focus will be on Thursday nights); reduce youth access to alcohol through preventive measures, by keeping merchants informed, and enforcement. Prevention, compliance and enforcement tasks will utilize the proven methods of Responsible Beverage Service (RBS) Training, IMPACT, Trap Door, Shoulder Tap and Minor Decoy Operations along with uniformed and plainclothes officers observing behaviors and tendencies in and around licensed establishments. The City of Rohnert Park currently has 94 (30 Off -Sale and 64 On -Sale) businesses licensed to sell alcoholic beverages as opposed to Cotati's 46 (14 Off -Sale and 32 On -Sale). There are 2 On -Sale licensees at Sonoma State University. Rohnert Park added 17 licensed establishments this past year. Since the opening of the Graton Rancheria and Casino the City of Rohnert Park has seen a sharp increase in violent, drug and theft related crimes throughout the city, especially in the area of the casino. The Downtown Cotati corridor has several licensed premises within a small concentrated area. This over concentration leads to an array of alcohol related nuisances and crimes. The Cotati Police Department's resources have been, specifically, strained on Thursday evenings as the five bars/ nightclubs in the "Downtown Corridor" tend to attract large crowds from Sonoma State University and Santa Rosa Junior College as well as the outlying area. Problem Statement: Since the opening of the Graton Rancheria and Casino, the City of Rohnert Park has seen a sharp increase in crime. The area that directly surrounds the Casino has seen the largest increase. Graton Casino is the largest Las Vegas style Indian Casino in the state of California. The Casino offers alcohol service at the slots and tables, offers a number ofbars and alcohol lounges, nine casual dining outlets and four fine dining restaurants. Currently under construction on the grounds is a full scale high end hotel and event center. At its completion the hotel will have over 200 rooms, a 9,000 square foot event center, an outdoor pool area and full spa. Graton Casino offers full bus service to willing gamblers as far away as San Jose and Brentwood in the Bay Area. Rohnert Park is home to Sonoma State University (SSU). The majority of the student population, roughly 6,00 students, live off - campus within the city of Rohnert Park. Due to an increased number of parties thrown by SSU students, the City of Rohnert Park enacted the "Loud and Unruly Party" municipal code. Many college aged parties will be made up 10 to 200 people at a time, many of which participate in heavy drinking. These parties are also attended by those who are under the legal drinking age. Area residents often times call in the middle of the night because of noise, vandalism to their property, fights in the streets, subjects attempting to enter their homes due to their intoxication, drunk driving and subjects trespassing on their property to urinate in their yards. SSU parties have caused calls for service in the evenings, at times, to nearly double to address these issues. Zero tolerance enforcement and posting of 160 day notices prohibiting the hosting of a party has made little impact. Weekend officers frequently fmd themselves moving from party call to party call. A grant team can dedicate resources at the scene to issue citations for alcohol related crimes. In 2012, SSU unveiled their newest addition to the campus, the critically acclaimed Green Music Center. The Green Music Center is a state of the art indoor and outdoor entertainment venues that feature live music, comedians, speakers and other special events. The Green Music Center, at the direction of the onsite SSU Catering service, is also home to a full restaurant and event food services. Staff within the catering service department serve and manage alcohol sales to visitors at special events and their restaurant. The downtown Cotati area continues to make a strain of the resources of CPD. The student populations of SSU, Santa Rosa Junior College (SRJC) and people coming from outside the area flood the streets of Cotati nearly every Thursday for the "Cotati Crawl". The "Crawl" creates an atmosphere that allows patrons to easily move from one bar to the next, often with increasing levels of intoxication. In the downtown corridor of Cotati there are a total of 17 on and off -sale licensees within two blocks. On the nights of the crawl it is not uncommon for the city to be inundated with 1,000 to 2,000 people. Many of the patrons of the "crawl" are of college age. Frequently many of those, and more times than not, are under the legal drinking age. Within this population many of the patrons gain access to bars and alcohol with the use of a fake, borrowed or altered identification. This large influx of people has also shown to cause a sharp increase in fights, vandalism, urinating in public, various sex acts in public, littering, and has shown to become over intoxicated in the downtown area of Cotati. Theses nuisances and crimes pushed the local business owners and local residents to contact their city council and work towards the passing of a drinking, urinating and possessing an open container in public city ordinances. In both communities there is a large transient population that frequently travels from town to town. Many of these persons are known to nearly all officers as habitual drunkards causing nuisances in neighborhoods, community parks, running trails and local businesses. Many of these individuals have been arrested numerous times for being under the influence of alcohol, loitering, urinating in public, vandalism, battery and other nuisance crimes. During many of the times they are arrested, they are also found to be in possession of alcohol, and on probation for alcohol related crimes. Many of these people congregate in their own areas of town and visit the same convenience stores to purchase alcohol. This population drinks steadily throughout the day and show increasingly more signs of being too intoxicated to consume more alcohol and/or care safely for themselves in public. Goals and Objectives: Project Goals: 1. Mitigate alcohol related nuisances and crime as a result of the opening of the Graton Rancheria and Casino, Green Music Center and a growing SSU student population in Rohnert Park and Cotati. 2. Reduce youth access to alcohol from licensed premises 3. Reduce alcohol related nuisances and crimes in the Downtown Cotati corridor 4. Mitigate the sales of alcohol to overly intoxicated persons at both on -sale and off -sale premises 5. Target problem premises with an emphasis on education, in conjunction with enforcement Project Objectives: 1. Complete a press release by August 1, 2016 to "kick off' and publicize the project. Issue periodic press releases regarding grant activity and e-mail copies of the press released to the GAP Agent. 2. Work with the Sonoma County District Attorney's Office to create a policy for dealing with the enforcement of selling alcohol to overly intoxicated patrons by August 1, 2016. 3. Create a list of habitual drunkards that frequent the cities of Rohnert Park and Cotati and contact licensed premises in an effort to stop the sales of alcohol to overly intoxicated individuals by June 30, 2017. 4. Conduct 6 "Cops in. Shops" operations to combat the passing of fake, altered and forced identifications by June 30, 2017. 5. Conduct 16 Shoulder Tap, Minor Decoy, and/or Party Patrol Operations before June 30, 2017. 6. Conduct 2 Task Force Operations by June 30, 2017 7. Conduct 24 Downtown Enforcement Operation and/or Rohnert Park Cotati Party Patrol operations by June 30, 2017 8. Conduct 3 IMPACT Operations to inspect the majority of licensed premises in the City of Cotati by June 30,2017. Continue compliance checks, as mandated by city ordinance, of the majority of licensed premises in the City of Rohnert Park; cost incurred to inspect Rohnert Park licensed premises will be funded by the City of Rohnert Park. 9. Host 25 Responsible Beverage Service (RBS) Trainings by June 30, 2017 (Courses for Graton Resort and Casino, Cotati Licensed Premises and Sonoma State University Catering Employees will be funded under the grant. An additional nineteen RBS Trainings will be scheduled to meet city ordinance mandate (Per city ordinance, new employees have 60 days to attend RBS training and refresher training every 3 years); cost incurred to host additional RBS Trainings will be funded by the City of Rohnert Park. 10. Conduct two "Outreach" meetings Sonoma State University student groups (fraternities, sororities, clubs, etc.) to maintain an open dialogue in regards to student conduct at local parties, in the Downtown Cotati corridor and the responsible use and possession of alcohol in our communities by June 30, 2017. 11. Host two "town hall" meetings with neighboring residences of the Downtown Cotati Corridor to identify problems and provide instruction on how to complete a Citizen's Log of Disruptive Behavior. To be completed by June 30, 2016. Personnel: As GAP Project Director I (Sgt. Jeff Nicks) have inherited, and have been a part, of a successful team of interested officers to conduct grant operations on an overtime basis. This team consists of motivated Sergeants and Officers whose main focus is to proactively combat alcohol related nuisances and crimes. Only dedicated members serve on this team as there is a high expectation to make an impact during prevention programs and enforcement operations. There is a ZERO tolerance expectation during these enforcement periods. The team members are as follows: Sergeants: J. Nicks, J. Justice, Officers assigned to patrol division: C. Kaupe, B. Gallo, K. Astley, M. Snodgrass, N. Miller, A Savas, N. Bryse, L. Cooper; Officers assigned to fire division: M. Werle and J. Huffaker; Officer assigned to detective bureau: J. Kempf and T. Douglas. Each operation will be overseen by a sergeant or officer who is well versed in the Alcohol Beverage Control Act, ABC Enforcement Manual, Rule 141, and other related laws and procedures. The supervising officer will be joined by one additional officer and/ or the GAP Agent. The supervising officer will report results to the GAP Project Director. The Task Force Operation will consist of three -two officer teams and the GAP Agent. The Rohnert Department of Public Safety has consistently produced a reliable compliment of minor decoys through the years. Due to their dependability, our decoys are frequently used by other grant recipient agencies as well as ABC Agents throughout the state. Many decoys have found their way to becoming successful officers with various law enforcement agencies throughout the state. All decoys receive extensive training and must abide by ABC rules and regulations. As a dedicated representative of the two agency cooperative effort, I will be responsible for oversight of grant operations, preparation and submission of monthly and final reports, and will continue to be an agency liaison to the Department of Alcoholic Beverage Control. I have experience as a GAP Project Director under our last grant award, as a participant in several previous grants, as well as an ABC Mini -Grant Director. I will also participate in prevention activities and enforcement operations. We look forward to the opportunity to continue a proven and invaluable relationship with the Department of Alcoholic Beverage Control. BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Round budget amounts A. Personnel Services (straight time salaries overtime and benefits to nearest dollar) An average overtime rate of$75.00 was used for all calculations. The budget projection is based on the following operations: 24 (5 hr.) Downtown Cotati, Problem Premise, Special Event General Enforcement & Trapdoor Operations (2 Officers - $38,650.00 $18,000); 16 (8 hr.) Shoulder Tap, Minor Decoy, and Party Patrol Operations (2 Officers- $9,600); three (8 hr.) IMPACT Checks at Cotati Licensed Premises ($1,800); two (8 hr.) Task Force Operation, (6 Officers- $7,200), five (5 hr.) Responsible Beverage Service (RBS) Courses for Casino Employees, SSU Catering & Cotati Licensed Merchants ($1,875); two 1/3 (1 hr.) "Town Hall" Meetings ($175) TOTAL PERSONNEL SERVICES $38,650.00 B. Operating Expenses (maximum $2,500) $650.00 "Buy money" for enforcement operations. TOTAL OPERATING EXPENSES $650.00 C. Equipment (maximum $2,500) $0.00 TOTAL EQUIPMENT $0.00 D. Travel Expense/Registration Fees (maximum $2,000) (Registration fee for July 2015 GAP Conference attendees is $225 each) Registration fee for 2015 GAP Conference. Two attendees at $225 $550.00 Lodging, per diem, and travel expense for 2015 GAP Conference. $1,950.00 TOTAL TRAVEL EXPENSE $2,500.00 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $41,800.00 OTHE R FUNDING SOURCES Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the "Program Total" column. Total each column down to arrive at the total program funds available. (Round all budget amounts to the nearest dollar.) BUDGET CATEGORY GRANT FUNDS OTHER FUNDS PROGRAM TOTAL Personnel Services $38,650.00 $31,550.00 $70,200.00 (To include 19 Responsible Beverage Service Trainings and 75 IMPACT Checks in Rohnert Park) Operating Expenses $650.00 $750.00 $1,400.00 (For office supplies, fuel for vehicles, etc.) Travel/Registration Fees $2,500.00 $100.00 $2,600.00 (Fuel Cost) $0.00 $0.00 $0.00 Equipment TOTALS $41,800.00 $32,400.00 $74,200.00 (This form does not become part of the contract.) �L,JJN r pAR,V .� Mission Statement � sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." �AtlF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Public Works and Community Development ITEM NO. 6D Submitted By: John McArthur, Director of Public Works and Community Development Prepared By: Terrie Zwillinger, Project Coordinator Agenda Title: Design Services Agreement with Brokaw Design for Professional Services for Design of the Restroom Rehabilitation and Reopening Project No. 2016-10 RECOMMENDED ACTION: Authorize the City Manager to Execute a Design Services Agreement with Brokaw Design for Professional Services for Design of the Restroom Rehabilitation and Reopening Project No. 2016-10 BACKGROUND: On November 10, 2015, staff gave a presentation to the City Council seeking direction on a proposed restroom re -opening strategy for the City's nine park restrooms. At this meeting, the City Council directed staff to proceed with the renovation and re -opening of three restroom locations that had existing funding sources: Benicia, Alicia and Colegio Vista Parks. The Benicia Park Renovation Project was included in the Benicia Pool Renovation Project. As part of the pool renovation project, a new restroom was constructed that will serve swimming pool use as well as the park visitors. The Alicia Park and Colegio Vista Park Restroom Renovation projects were identified projects in the FY 2015/16 CIP. Brokaw Design was awarded the design agreement for those two restrooms and they are currently half -way through the design process. They have completed the topographic survey, geotechnical report and layout of the building and ADA paths. Restroom Reopening Status The following is a detailed update on the status of the three restroom buildings: Benicia Park Restroom Construction of the new restroom is complete and the restroom is currently available to the public when the pool is open. Staff is in the final stage of installing auto -locking door and alarm hardware which will enable the restroom to serve the entire park. This final stage of security hardware installation will be completed in early August. At this time, the restroom will be open to the general public and the existing porta-potty will be removed. Opening one restroom at this time will provide the opportunity for staff to assess the restroom design features and security measures. Design adjustments will be made to the remaining restrooms as needed. ITEM NO. 6D Cole6o Vista Park Restroom The existing restroom building will be demolished and a new building constructed in its place. The new restroom building will consist of one unisex restroom. A new ADA accessible pathway will also be constructed to connect the restroom building to the two new ADA parking spaces within the parking lot. The parking lot is owned by the School District and staff is coordinating with the School District to secure an easement for the two ADA parking spaces. Alicia Park Status During design, an initial site evaluation of the existing park restrooms was performed to determine the general condition of the building and arrangement of ADA paths. It was found that the restroom at Alicia Park had been modified to a significant degree from the original as - built condition and is now structurally deficient. The original scope of this project was to renovate this restroom; however, through the evaluation process, it was determined that the restroom cannot be renovated to meet current building code requirements and must be demolished. Since the restroom building needs to be replaced, staff evaluated options for construction of a new restroom building. Factors considered in the evaluation were visibility, public access and degree of likely vandalism due to the location. During FY 2016/17 budget discussions with the City Council, the current state of the closed pool building and fenced in area around the old pool were discussed. City staff and the design architect reviewed options such as utilizing a portion of the existing pool building for a restroom. However, it was found that the existing building would need significant renovation to open to the public and meet ADA accessibility requirements. Therefore, staff determined it would be more feasible and cost-effective to build the new Alicia Park restroom as a separate structure located at the front of the old pool building (see Figure 1 in Attachment 1). It was determined that moving the restroom building to the front of the old pool building, adjacent to the parking lot, would provide the following long term benefits: • Better visibility from the street than its current location, which will reduce the vulnerability to vandalism • Easy ADA access to/from the parking lot with minimal pathway modification • No additional cost compared to rebuilding the new restroom at the current location Remaining Six Restrooms During budget discussions held earlier this year, the City Council determined that reopening the remaining six park restrooms was a priority and directed staff to move forward to re -open the restrooms. The recommended design agreement with Brokaw Design is for architectural design services to reopen these six restrooms. ANALYSIS: The remaining six restrooms to be re -opened are located at the following parks: • Dorotea Park • Golis Park • Magnolia Fields 2 ITEM NO. 6D • Magnolia Pool • Sunrise Park • Eagle Park Per Section 7.2 of the City's Purchasing Policy, upon recommendation of the Department Head, the City Manager may waive bidding requirements for sole source purchases if he/she determines sufficient justification exists. Brokaw has made significant progress in the assessment and design of Alicia Park and Colegio Vista Park restroom buildings. Based on recent experience, staff has determined that Brokaw has demonstrated the needed expertise and proficiency with restroom renovation and construction design. Brokaw is also familiar with the review process for the plans and required building permits. Because of the desire to have the restroom buildings and fixtures be consistent, and because the scope of the project is the same as the Alicia Park and Colegio Vista Park restrooms, staff recommends awarding this design contract of City Park Rehabilitation and Reopening Project to Brokaw Design. STRATEGIC PLAN ALIGNMENT: This item follows the Strategic Plan Item D.2 by improving infrastructure. OPTIONS CONSIDERED: 1. Recommended Option: The recommended option is to award the design contract to Brokaw Design. They were the architect previously selected through a competitive process for two other park restroom re -opening projects this project is an addition to their existing scope of work. Staff recommends this option. 2. Option 2: The City Council may choose to solicit proposals for the design of the re- opening of the six remaining restrooms; however, only two firms submitted proposals on the previous restroom project — GHD, Inc. and Brokaw Design. GHD, Inc. was twice the fee of Brokaw Engineering. In addition, having two design firms working on the same type of project would create inconsistencies and would cost more since the current design consultant is familiar with the project design and City infrastructure. Staff does not recommend this option. 3. Option 3: The City Council can choose to not move forward with the project; however re -opening of all the park restrooms was identified by the City Council as a priority. Staff does not recommend this option. 3 ITEM NO. 6D FISCAL IMPACT/FUNDING SOURCE: The total cost for design of re -opening the six restroom buildings is $86,490 with the cost per restroom is as follows: Park Name Re -opening Strategy/ Scope of Work Design Cost Dorotea Park Replacement of existing restroom, replace with $22,300 new structure Golis Park Replacement of existing restroom, replace with 32,540 new structure and correct existing drainage issues Magnolia Fields Renovation of existing building, including 15,600 replacement of fixtures, doors and hardware, replacement/improvement of lighting, replacement of roof and replacement of sidewalk around building to improve accessibility Magnolia Pool Replace Fixtures Only 5,350 Sunrise Park Replace Fixtures Only 5,350 Eagle Park Replace Fixtures Only 5,350 TOTAL $86,490 The City Park Rehabilitation and Reopening Project is funded by CIP #PR -92 in the Adopted Budget 2016/17 (Infrastructure Reserve) in the amount of $618,900. Next Steps• The next steps in the re -opening of park restrooms includes the opening of the Benicia Pool restroom to the general public by next month. Brokaw Design will be completing design of Alicia Park Restroom and Colegio Vista Restroom within the next month and construction is expected to occur later this summer. The remaining six restrooms will be opened in a phased approach upon completion of renovations. It is anticipated that the restroom at Magnolia Pool, Sunrise Park and Eagle Park will be opened sooner than the other restrooms because they only need modest renovations and security improvements. Department Head Approval Date: 7/15/2016 Finance Director Approval Date: 7/18/16 City Attorney Approval Date: N/A City Manager Approval Date: 7/19/16 Attachments: 1. Figure of Alicia Park Restroom Location 2. Design Professional Services Agreement 2 1 2 4 - Revision Schedule No. Description Date A I \ SEAL: ` - I CONSULTANT: B= BrokawDesign P.O. BOX 3103 ROHNERT PARK, CA 94927 WWW.BROKAWDESIGN.COM \ PROJECT: I \ ALICIA PARK RESTROOM I I ALICIA PARK ROH N ERT PARK, CA 94928 / I D-- - -- - -- - -- - -- - -- - -- - --71- -- --� D SHEET TITLE: SITE PLAN ISSUE DATE: 7/15/16 PREPARATION AND REVIEW DRAWN BY: Author DESIGNER: Designer PROJ MGR: PEER REVIEW: C E SHEET NUMBER: 1 Site Plan 1/8 - 11-011 1 2 3 4 2 City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 DESIGN PROFESSIONAL SERVICES AGREEMENT RE: PARK RESTROOM REHABILITATION/REPLACEMENT PROJECT NO 2016-10 THIS AGREEMENT is entered into as of the day of , 2016, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and Brokaw Design, ("Design Professional"), a California corporation. Recitals WHEREAS, City desires to obtain professional design services in connection with the Park Restroom Rehabilitation/Renovation Project No. 2016-10; and WHEREAS, Design Professional hereby represents to the City that Design Professional is skilled and able to provide such services described in Section 1 of this Agreement; and WHEREAS, City desires to retain Design Professional pursuant to this Agreement to provide the services described in Section 1 of this Agreement. Agreement NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Subject to such policy direction and approvals as the City may determine from time to time, Design Professional shall perform the services set out in the "Scope of Work and Schedule of Performance" attached hereto as Exhibit A. 2. Time of Performance. The services of Design Professional are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. The services of Design Professional are to be completed not later than December 31, 2016. Design Professional shall perform its services in accordance with the schedule set out in the "Scope of Work and Schedule of Performance" attached hereto as Exhibit A. Any changes to the dates in this Section or Exhibit A must be approved in writing by the City. 3. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Design Professional, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B. However, in no event shall the amount City pays Design Professional exceed Eighty -Six Thousand, Four Hundred Ninety Dollars ($86,490). -1- 11266510 80078/0012 v2012-09 Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. B. Timing of Payment. (1) Design Professional shall submit itemized monthly invoices for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Design Professional for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Design Professional services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Design Professional will not undertake any work that will incur costs in excess of the amount set forth in Section 3(A) without prior written amendment to this Agreement. D. Standard of Quality. City relies upon the professional ability of Design Professional as a material inducement to entering into this Agreement. All work performed by Design Professional under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Design Professional's field of expertise. E. Taxes. Design Professional shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Design Professional. F. No Overtime or Premium Pay. Design Professional shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends, unless specifically required by the applicable task order and authorized by City in writing. Design Professional shall not receive a premium or enhanced pay for work performed on a recognized holiday. Design Professional shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. G. Litigation Support. Design Professional agrees to testify at City's request if litigation is brought against City in connection with Design Professional's report. Unless the action is brought by Design Professional or is based upon Design Professional's negligence, City will compensate Design Professional for the preparation and the testimony at Design -2- 1126651x3 80078/0012 v2012-09 Professional's standard hourly rates, if requested by City and not part of the litigation brought by City against Design Professional. 4. Amendment to Scope of Work. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Design Professional. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Design Professional 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. 5. Duties of City. City shall provide all information requested by Design Professional that is reasonably necessary to performing the Scope of Work. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. 6. Ownership of Documents. A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of the City, whether the Services are completed or not. Design Professional shall deliver all Documents to City, upon request at (1) the completion of the Services, (2) the date of termination of this Agreement for any reason, or (3) request by City in writing, or (4) payment of all monies due to Design Professional. B. The Documents may be used by City and its officers, elected officials, employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable without further employment of or payment of any compensation to Design Professional. If City desires to modify Documents before using them, City shall obtain written consent from Design Professional for any such modification, and such consent shall not unreasonably be withheld. If City modifies Documents without obtaining written consent from Design Professional, Design Professional shall not be liable to City for any damages resulting from use of such modified Documents, provided that the Design Professional was not a proximate cause of such damages. C. Design Professional retains the copyright in and to the intellectual property depicted in the Documents subject to Design Professional's limitations and City's rights and licenses set forth in this Agreement. City's ownership interest in the Documents includes the following single, exclusive license from Design Professional: Design Professional, for itself, its employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is necessary, agrees to grant) to City an irrevocable, perpetual, royalty -free, fully paid, sole and exclusive license and right to use and exercise any and all of the copyrights or other intellectual property rights that Design Professional may author or create, alone or jointly with others, in or with respect to the Documents, including without limitation all analysis, reports, designs and graphic representations. City's license shall include the right to sublicense, shall be for all purposes with respect to each right of copyright, and shall be without restriction. -3- 1126651x3 80078/0012 v2012-09 D. Design Professional shall include in all subcontracts and agreements with respect to the Services that Design Professional negotiates, language which is consistent with this Section 6. E. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public, and the Design Professional shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or the City without the written consent of the City before any such release. This provision shall not apply to information that (1) is already in the public domain, (2) was previously known by Design Professional, (3) Design Professional is required to provide by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or similar proceeding, so long as Design Professional notifies City in writing before use of such information. 7. Employment of Other Design Professionals, Specialists or Experts. A. Design Professional will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. Any consultants, specialists or experts approved by City are listed in Exhibit D. B. Design Professional represents that it has, or will secure at its own expense, all personnel required in performing the Services. All of the Services required hereunder will be performed by the Design Professional or under Design Professional's supervision, and all personnel engaged in the work shall be qualified to perform such services. C. Design Professional shall make every reasonable effort to maintain stability and continuity of Design Professional's Key Personnel assigned to perform the Services. Key Personnel for this contract are listed in Exhibit A. D. Design Professional shall provide City with a minimum twenty (20) days prior written notice of any changes in Design Professional's Key Personnel, provided that Design Professional receives such notice, and shall not replace any Key Personnel with anyone to whom the City has a reasonable objection. E. Design Professional plans to retain the subconsultants listed in Exhibit D, who will provide services as indicated in Exhibit D. F. Design Professional will not utilize subconsultants other than those listed in Exhibit D without advance written notice to the City. Design Professional will not utilize a subconsultant to whom the City has a reasonable objection. Subconsultants providing professional services will provide professional liability insurance as required in Exhibit C unless the City waives this requirement, in writing. in 11266510 80078/0012 v2012-09 8. Conflict of Interest. A. Design Professional understands that its professional responsibility is solely to City. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict. B. Design Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Design Professional's Services hereunder. Design Professional further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. C. Design Professional is not a designated employee within the meaning of the Political Reform Act because Design Professional: (1) Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official other than normal contract monitoring; and (2) Possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel (FPPC Reg. 18700(a)(2)). 9. Interest of Members and Employees of City. No member of the City and no other officer, elected official, employee, agent or volunteer of the City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects its personal interests or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested. 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee, agent or volunteer of the City shall be personally liable to Design Professional or otherwise in the event of any default or breach of the City, or for any amount which may become due to Design Professional or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 11. Indemnity. A. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, -5- 1126651x3 80078/0012 v2012-09 elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Design Professional or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such negligence, recklessness, or willful misconduct includes without limitation the failure of Design Professional to disclose information known by Design Professional to be material to performing the Services. Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the negligence, active negligence, or willful misconduct of such Indemnitee. Notwithstanding any provision of this Agreement to the contrary, the extent of Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by the provisions of California Civil Code Section 2782.8. B. Neither termination of this Agreement nor completion of the Services shall release Design Professional from its obligations under this Section 11, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion. C. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement. If Design Professional fails to obtain such indemnity obligations from others as required, Design Professional shall be fully responsible for all obligations under this Section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. D. Design Professional's compliance with the insurance requirements does not relieve Design Professional from the obligations described in this Section 11, which shall apply whether or not such insurance policies are applicable to a claim or damages. 12. Design Professional Not an Agent of City. Design Professional, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Independent Contractor. It is understood that Design Professional, in the performance of the work and services agreed to be performed by Design Professional, shall act as and be an independent contractor as defined in Labor Code 3353 and not an agent or employee of City; and as an independent contractor, Design Professional shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Design Professional hereby expressly waives any claim it may have to any such rights. 0 11266510 80078/0012 v2012-09 14. Compliance with Laws. A. General. Design Professional shall (and shall cause its agents and subcontractors), at its sole cost and expense, comply with all applicable federal, state and local laws, codes, ordinances and regulations now in force or which may hereafter be in force during the term of this agreement. Except as otherwise allowed by City in its sole discretion, Design Professional and all subconsultants shall have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term of this Agreement. Any corrections to Design Professional's reports or other Documents (as defined in Section 6) that become necessary as a result of Design Professional's failure to comply with these requirements shall be made at the Design Professional's expense. B. Updates. Should Design Professional become aware that the requirements referenced in subparagraph A above change after the date of a report or other Document is prepared, Design Professional shall be responsible for notifying City of such change in requirements. Design Professional will bring the Documents into conformance with the newly issued requirements at the written direction of City. Design Professional's costs for providing services pursuant to this paragraph shall be submitted to City as Additional Services. C. Licenses and Permits. Design Professional represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Design Professional shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Design Professional is engaged. All products of whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Design Professional's profession. Permits and/or licenses shall be obtained and maintained by Design Professional without additional compensation throughout the term of this Agreement. D. Documents Stamped. Design Professional shall have documents created as part of the Services to be performed under this Agreement stamped by registered professionals for the disciplines covered by Design Professional's Documents as required by Section 6735 of the Business and Professionals Code or any other applicable law or regulation. Design Professional shall not be required to stamp any documents not prepared under its direct supervision. The City will not be charged an additional fee to have such documents stamped. . E. Workers' Compensation. Design Professional certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Design Professional certifies that it will comply with such provisions before commencing performance of this Agreement. F. Prevailing Wage. Design Professional and Design Professional's sub - consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article -7- 1126651x3 80078/0012 v2012-09 2. Copies of the applicable wage determination are on file at City Clerk's office. This provision to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.E. G. Injury and Illness Prevention Program. Design Professional certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program. H . City Not Responsible. City is not responsible or liable for Design Professional's failure to comply with any and all of the requirements set forth in this Agreement. 15. Nonexclusive Agreement. Design Professional understands that this is not an exclusive Agreement and that City shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by Design Professional as the City desires. 16. Confidential Information. All data, documents, discussions or other information developed or received by or for Design Professional in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, as required by law, or as otherwise allowed by this Agreement. 17. Insurance. Design Professional shall provide insurance in accordance with the requirements of Exhibit C. 18. Assignment Prohibited. Design Professional shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of City and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. 19. Termination. A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default. B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional and (1) provide any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; and/or (2) terminate Design Professional's right to proceed with this Agreement. C. In the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether 191 11266510 80078/0012 v2012-09 located at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the Services and provide the materials therefor. In case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Services are completely finished. D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72 -hours' written notice to Design Professional. In the event of termination without cause, Design Professional shall be entitled to payment in an amount not to exceed the Not -To -Exceed Amount which shall be calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City, plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design Professional shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination and payment. In addition, the City's right to withhold funds under Section 19.C. shall be applicable in the event of a termination for convenience. E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a Termination for Convenience under this Section 19 and Design Professional shall be entitled to receive only the amounts payable under Section 19.D.. 20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he/she deems necessary due to unfavorable conditions or to the failure on the part of the Design Professional to perform any provision of this Agreement. Design Professional will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Design Professional's services hereunder are delayed for a period in excess of six (6) months due to causes beyond Design Professional's reasonable control, Design Professional's compensation shall be subject to renegotiation. 21. Entire Agreement and Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Design Professional and supersedes any previous agreements, whether verbal or written, concerning the same subject matter. This Agreement may only be amended or extended from time to time by written agreement of the parties hereto. 22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a parry on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the In 11266510 80078/0012 v2012-09 court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. Time of the Essence. Time is of the essence of this Agreement. 25. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City Manager City of Rohnert Park -City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Design Professional: Charles Beavers, AIA, Principal Brokaw Design 6060 Dawn Drive Rohnert Park, CA 94928 26. Design Professional's Books and Records. A. Design Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Design Professional. B. Design Professional shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Design Professional's address indicated for receipt of notices in this Agreement. D. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party -10- 1126651x3 80078/0012 v2012-09 authorized by Design Professional, Design Professional's representatives, or Design Professional's successor -in -interest. E. Pursuant to California Government Code Section 10527, the parties to this Agreement shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. 27. Equal Employment Opportunity. Design Professional is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Design Professional will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Design Professional will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Design Professional further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 29. Section Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. 30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party other than the Design Professional. 31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. 32. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, -11- 1126651x3 80078/0012 v2012-09 illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 33. No Waiver Of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City. 34. Successors And Assigns. All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. 35. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements to Design Professional Services Agreement D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 36. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 37. News Releases/Interviews. All Design Professional and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. 38. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 39. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Design Professional is obligated, which breach would have a material effect hereon. -12- 1126651x3 80078/0012 v2012-09 IN WITNESS WHEREOF, the City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK BROKAW DESIGN Darrin Jenkins, City Manager By: _ Title: Date: Date: Per Minute Order as approved by City Council at meeting dated ATTEST: City Clerk -13- 1126651x3 80078/0012 v2012-09 BrokawDesign P.O. Box 3103 Rohnert Park, CA 94927 May 20, 2016 Terrie Zwillinger City of Rohnert Park Public Works Department 600 Enterprise Drive Rohnert Park, CA 94928 Subject: Six Additional Park Restrooms Dear Ms. Zwillinger: We pleased to submit this proposal for design services for the renovation of six park restrooms. Our fee is based on the followin.Q scope summarv: Park Replacement Renovation Site Design Replace Fixtures Only Dorotea X Architecture Structural Electrical Mechanical Geotech Civil Estimator Total Dorotea $7,650 $5,700 $1,200 $1,200 $5,300 Golis X $10,240 $1,250 $32,540 X $1,250 $15,600 Magnolia Fields $850 $5,350 X $850 $5,350 Eagle $3,300 $1,200 Magnolia Pool X Sunrise X Eagle X Golis is the only park where anticipate extensive site work, including grading and site drainage to correct drainage issues around the restroom. All other site will only have sidewalks modified immediately around the restroom to provide access. At three sites we anticipate only fixture replacement. Our proposed fee is as follows: Cost Architecture Structural Electrical Mechanical Geotech Civil Estimator Total Dorotea $7,650 $5,700 $1,200 $1,200 $5,300 $1,250 $22,300 Golis $7,650 $5,700 $1,200 $1,200 $5,300 $10,240 $1,250 $32,540 Magnolia Fields $9,900 $1,950 $1,200 $1,300 $1,250 $15,600 Magnolia Pool $3,300 $1,200 $850 $5,350 Sunrise $3,300 $1,200 $850 $5,350 Eagle $3,300 $1,200 $850 $5,350 Total $35,100 $13,350 Sincerely, Charles L. Beavers, AIA Architect • Principal (415) 860-5043 $3,600 $7,300 $10,600 $10,240 $6,300 $86,490 EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: PARK RESTROOM REHABILITATION/RENOVATION PROJECT NO. 2016-10 Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits in conformance with the requirements set forth below. Design Professional will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Design Professional agrees to amend, supplement or endorse the existing coverage to do so. Design Professional acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Design Professional in excess of the limits and coverage required in this agreement and that is applicable to a given loss will be available to City. 1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or an approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence; 2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design Professional or its employees will use personal autos in any way in connection with performance of the Services, Design Professional shall provide evidence of personal auto liability coverage for each such person. 3. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employers liability insurance, with minimum limits of $1,000,000 (One Million Dollars) per occurrence. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by insured first. There shall be no cross -liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Design Professional, subconsultants or others involved in performance of the Services. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. -15- 11266510 80078/0012 Revised: 10/08/10 5. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Design Professional and "Covered Professional Services" as designated in the policy must include the type of work performed under this Agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the aggregate. 6. Insurance procured pursuant to these requirements shall be written by insurers that are authorized to transact the relevant type of insurance business in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. 7. General conditions pertaining to provision of insurance coverage by Design Professional. Design Professional and City agree to the following with respect to insurance provided by Design Professional: A. Design Professional agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require all contractors, and subcontractors to do likewise. B. No liability insurance coverage provided to comply with this Agreement, except the Business Auto Coverage policy, shall prohibit Design Professional, or Design Professional's employees, or agents, from waiving the right of subrogation prior to a loss. Design Professional agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. C. All insurance coverage and limits provided by Design Professional and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. D. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. E. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. F. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises, and City shall be responsible for the cost of any additional insurance required. Design Professional shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. G. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured -16- 1126651x3 80078/0012 v2012-09 endorsement to Design Professional's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City may terminate this agreement in accordance with Section 19 of the Agreement. H . Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Design Professional agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. I. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Design Professional or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. J. Design Professional agrees to ensure that subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Design Professional, provide the same minimum insurance coverage required of Design Professional; provided, however that only subconsultants performing professional services will be required to provide professional liability insurance. Design Professional agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Design Professional agrees that upon request, all agreements with subcontractors and others engaged in the Services will be submitted to City for review. K. Design Professional agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, consultant or other entity or person in any way involved in the performance of work on the Services contemplated by this agreement to self -insure its obligations to City. If Design Professional's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Design Professional, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. L. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Design Professional ninety (90) days advance written notice of such change. If such change results in additional cost to the Design Professional, and the City requires Design Professional to obtain the additional coverage, the City will pay Design Professional the additional cost of the insurance. M. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. -17- 1126651x3 80078/0012 v2012-09 N. Design Professional acknowledges and agrees that any actual or alleged failure on the part of City to inform Design Professional of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. O. Design Professional will endeavor to renew the required coverages for a minimum of three years following completion of the Services or termination of this agreement and, if Design Professional in unable to do so, Design Professional will notify City at least thirty days prior to the cancellation or expiration of the policy or policies. P. Design Professional shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Design Professional's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. Q. The provisions of any workers' compensation or similar act will not limit the obligations of Design Professional under this agreement. Design Professional expressly agrees that any statutory immunity defenses under such laws do not apply with respect to City, its officers, elected officials, employees, agents, and volunteers. R. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. S. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. T. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. U. Design Professional agrees to be responsible for ensuring that no contract entered into by Design Professional in connection with the Services authorizes, or purports to authorize, any third party to charge City an amount in excess of the fee set forth in the agreement on account of insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. V. Design Professional agrees to provide immediate notice to City of any claim or loss against Design Professional arising out of the work performed under this in 11266510 80078/0012 v2012-09 agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. -19- 1126651x3 80078/0012 v2012-09 ITEM NO. 6E Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Authorizing the City Manager to Execute Task Order 2016-07 with GHD, Inc. for Construction Management of the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04) RECOMMENDED ACTION: Authorize the City Manager to Execute Task Order 2016-07 with GHD Inc. for Construction Management of the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04). BACKGROUND: The 2015 Various Streets Project will rehabilitate Enterprise Drive and Seed Farm Drive to coordinate with the opening of the Rohnert Park SMART station and to allow for the installation of pedestrian safety and wayfinding features included in the grant funded Street Smart Rohnert Park Project. The Various Streets Project has been bid and is ready for award. In order to provide for adequate oversite during construction, staff is recommending that the City secure construction management and inspection services for the project. ANALYSIS: The scope of work for the 2015-16 Various Streets Project consists of: • Rehabilitation of Seed Farm Drive from Enterprise to Santa Alicia Drive via Full -Depth Reclamation (FDR); • Rehabilitation of Enterprise Drive from Seed Farm Drive to State Farm Drive via FDR; and • Rehabilitation of Enterprise Drive from State Farm Drive to Commerce Boulevard via micro -surfacing. The scope of work is entirely roadway rehabilitation with a new process that the City will be using for the first time — full -depth reclamation (FDR). The City secured statements of qualifications from a number of consultants for construction management and inspection services. GHD, Inc. was selected for this assignment based on their qualifications for this type of work and their familiarity with the City. The firm's qualifications include work on the City's Snyder Lane Widening Project and Wilfred Avenue Rehabilitation Project. On July 2, 2016, via Resolution Number 2016-76, the City approved a Master Services Agreement with GHD for a wide variety of engineering services including construction management. Pursuant to Section 3.6 of the City's Purchasing Policy, the work on this project can be authorized by Task Order, subject to the terms and conditions of the Master Services Agreement. ITEM NO. 6E STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: 1. Authorize Task Order 2016-07 with GHD Inc. (recommended option). This option will provide the City with a qualified, experienced construction manager to ensure overall management and quality control during construction. 2. Perform the construction management and inspection work with City staff (not recommended). While the engineering division's staff can provide this kind of work, staff is currently managing a significant volume of new development work along with the City's Capital Improvement Program. If staff resources are devoted to construction management of this project, the division will lose capacity to support development review and other CIP projects. FISCAL IMPACT/FUNDING SOURCE: This Task Order has a fiscal impact of $47,870.00. The 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) has an approved budget of $900,000 funded from Gas Tax, Measure M and the Road Refuse Impact Fund. To date the City has made the following funding commitments to the project: • $89,000.00 for design services; • $757,600.69 for the construction contract including approved change order authority; (proposed 7/26/2016 agenda). The total of the committed funding is $894,470.69. This Task Order of $47,870 can be accommodated within the approved budget for the project. Department Head Approval Date: 7/8/2016 Finance Director Approval Date: 7/11/2016 City Attorney Approval Date: 7/1/2016 City Manager Approval Date: 7/18/2016 Attachments (list in packet assembly order): A. Task Order 2016-07 with GHD Inc. for Construction Management of the 2015-16 Various Streets Project (Enterprise and Seed Farm Drive) (Project Number 2014-04) 2 GHD, INC. TASK ORDER NO. 2016 - CITY OF ROHNERT PARK AND GHD, INC. AUTHORIZATION TO PROVIDE CONSTURCTION MANAGEMENT SERVICES FOR 2015-16 VARIOUS STREETS PROJECT (ENTERPRISE AND SEED FARM DRIVE) (PROJECT NUMBER 2014-04) SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct GHD, Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and GHD, Inc. ("Consultant") hereto dated July 12, 2016 SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services, which is attached hereto and incorporated by this reference. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment "B," which is attached hereto and incorporated by this reference, for an amount not -to -exceed forty seven thousand eight hundred and seventy dollars ($47,870.00). SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 of this Task Order shall be completed by December 31, 2016 or as extended in writing by the City Manager. SECTION 5 — ITEMS AND CONDITIONS All terms and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference and remain in full force and effect. Approved this 26th, day of July, 2016. Signatures on Next Page CITY OF ROHNERT PARK GHD, Inc. Darrin Jenkins, City Manager 7/26/2016 Per Minute Order adopted by the Rohnert Park City Council at its meeting of 7/26/2016 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: Name, Title (Date) PMR July 1, 2016 Mr. Artur da Rosa, PE Deputy City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Subject: Scope and Fee Proposal for Enterprise Drive and Seed Farm Drive Road Rehabilitation Project Construction Management/Observation Services Dear Mr. da Rosa: We are pleased to submit this proposal to the City for providing Construction Management/Observation Services for the Enterprise Drive and Seed Farm Drive Road Rehabilitation Project. Background GHD prepared plans and specifications (the bid documents) for the rehabilitation of Enterprise Drive and Seed Farm Drive. Plans were issued and bids were opened on June 29, 2016. Ghilotti Construction was the apparent low bidder at $688, 728. Construction is anticipated to begin approximately mid-August, 2016. The project's scope for construction includes the following: • Full depth reclamation on Seed Farm from the bridge crossing Copeland Creek north; • Full depth reclamation on Enterprise from Seed Farm west thru the intersection of State Farm; • Dig outs of failed asphalt in Enterprise Drive; • Cape -sealing Enterprise from State Farm to Commerce; and • Re -striping the roadway. The City requested GHD provide a scope of work and fee schedule for part time construction management/observation services for this project. The critical issues of the project that we currently see are: • Traffic Control: there are many apartments along the construction corridor and maintaining clear traffic control will reduce the potential for complaints • Public Outreach: informing the apartment residences of the time frame and clear direction on detours. The Contractors specifications do not address handing out fliers to all of the residences to help coordinate the traffic control and a point for the residences GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com PMR to call if there is an issue. We are proposing to provide door hangers for all of the residences. • Materials Testing: closely managing the materials to be tested, the frequency of testing, and quickly passing the results back to the Contractor and City We budgeted the inspection time to be conservative and have estimated full time inspection. This is anticipation of issues with traffic control and public outreach. The construction period is for 40 working days. Currently, GHD is working on a construction project for the City in Snyder Lane, and we have a Senior Inspector working on this project. Depending on the completion schedule of the Snyder Lane project, will determine who the lead inspector. Either way, we'll have the Senior Inspector available to check the conditions if the lead inspector needs assistance. Project Team GHD proposes the following project team to provide as needed Construction Support: • Jim Winter, P.E. — Construction Manager • Steve Espinoza — On-site Observer/Inspector • Eric Leitz — Back-up On-site Observer/Inspector Mr. Esponoza is a Civil Engineering graduate and will sit for the Professional Engineers examination next spring. Prior to attending college, he previously worked as a laborer in the construction industry. While attending college, he worked on the 101 Bypass Project in Willits as a Field Engineer for Flat Iron Construction. Upon graduation, he worked for Kiewit Construction on a US Army Corp of Engineers project in Sacramento as a Field Engineer dealing with environmental issues and earthwork. The project will be backed up by other staff from the Santa Rosa office if needed. Scope of Work GHD will perform the following tasks. Task 1.0 —Contract Administration 1.1 Project Coordination. Meet with City staff to discuss and coordinate issues with the project. This will be accomplished by site visits, project meetings, phone conversations, and email updates of the activities that occurred. Public outreach will include; delivering notification notices to all of the residences, and addressing/anticipating public complaints. 1.2 Pre -Construction Meeting. Working with City staff to develop a pre -construction meeting agenda, organize, and conduct the meeting; and prepare meeting notes. 1.3 Project Meetings. Organize meetings with City staff, Contractor, and GHD team. Additionally we would prepare an agenda and provide meeting notes of the progress meetings and other special technical meetings. 1.4 Schedule Management. Review the Contractor's as -planned schedule for conformance with the specifications and for reasonableness of activity durations and sequence. Review the schedule with the City and monitor the Contractor's progress against the schedule. 1.5 Maintain Project Records. Maintain GHD project records, including daily logs (when on site), photos, submittals, RFIs, and RFCs. Review PCO's and change orders, issues, and correspondence. Project records will be maintained in an organized manner for quick reference and are accessible to City staff as requested. 1.6 Review Monthly Progress Payments. Evaluate the monthly progress payment requests from the Contractor and recommend payment. 1.7 Prepare Monthly Progress Reports. Prepare and review with the City monthly progress reports. 1.8 Requests for Information (RFIs) and Requests for Clarifications (RFCs). Respond to RFI and RFC requests by the Contractor. 1.9 Potential Change Orders (PCOs) and Change Orders. Respond to change order requests, evaluate PCOs and Change Orders, assist with determination of changed conditions and scope definition as needed, develop independent cost estimate, assist with negotiation, and incorporate change orders into the construction contract. 1.10 Coordinate Submittal and Shop Drawing Review Process. Assist with the submittal/shop drawing review process. This task includes coordination with the design engineer on status of review, review response, and transmitting the response to the Contractor. 1.11 Permits Compliance. It is our understanding there are no permits required. 1.12 Monitor Construction Record Drawings. Coordinate with the Contractor and maintain our own as -built drawings. Provide redlines to the City when complete. 1.13 Claims Management (optional service). GHD will assist with Claims Management at the request of the City on a time and materials basis. 1.14 Field Inspection/Observation. Provide part-time, on-site construction inspector/observer to monitor the Contractor's work for compliance with the contract documents, submittals, RFIs, change orders, and coordination with businesses and residences along the route. 1.15 Photograph or Video Documentation. Provide photographs or videos of the roadway. 1.16 Field Changes. Coordinate with City and Contractor and write field directives for change conditions. 1.17 Daily Reports. Prepare Daily Observation Reports. The daily reports will include photographs and material tags. 1.18 Materials Testing Coordination. Coordinate with the County Materials Laboratory. Task 2.0 -Project Completion 2.1 Project Completion and Punch List. Schedule a site review to be attended by the City, GHD, and other required stakeholders to conduct final completion inspections prior to issuing a punch list. 3.2 Project Documents. Will be provided through ongoing correspondence with the City; daily inspection/observation notes can be provided to the City upon request. Documentation will be in electronic format. 3.3 Notice of Completion. GHD will work with the City to coordinate the Notice of Completion. Assumptions 1. Contractor is responsible for the means and methods on the project. 2. Contractor is responsible for job site safety. 3. County Materials Laboratory is supplying the testing. 4. Contractor is responsible for obtaining a City Encroachment Permit. Compensation GHD proposes to perform the scope of services on an hourly rate, time and materials basis in accordance with our Standard Fees and Conditions. The proposed fee estimate for the scope of services is $ 47,870. The total "not -to -exceed" fee will not be exceeded without written authorization by the City. The individual task fees may be adjusted without written authorization provided the adjustments stay within the total "not -to -exceed" limit. Schedule GHD proposes to perform the scope of services immediately upon receipt of written Notice -to - Proceed. Please do not hesitate to contact us if you have any questions or need additional information. Kind regards, GHD Inc. Jim Winter, PE Construction Manager Attachment: GHD Rate Sheet, GHD Project Estimating Sheet PROJECT NAME: PREPARED BY: GHD Inc - PROJECT ESTIMATING SHEET SHT# 1 of 1 Enterprise Seed Farm Rehabilitation Project Jim Winter PROJECT # Date CLIENT: 2014-04 July 1, 2016 City of Rohnert Park On -Site Inspector Construction Manager Principal In Charge Steve Espinoza Jim Winter Iver Skavdal * OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo -copies and other misc. direct expenses. FEE COMPUTATION Principal In Construction On -Site LABOR CATEGORY> Charge Manager Inspector TOTAL Other Direct TOTAL 40 Working Days RATE> $220 $170 $140 HOURS Other Costs* FEE 2 month Construction period TASK /HR /HR /HR Services $6 or $11 month Inspection period Phase 1: Contract Administration Task 1.1 14 8 22 6 weekly coorespondence 8 Public Outreach Perform Project Coordination $ - $ 2,380 $ 1,120 $ 132 $ 3,632 1.00 hours Task 1.2 5 2 7 3 Preparation 1 hour meeting Prepare and Conduct Preconstruction Meeting $ - $ 850 $ 280 $ 42 $ 1,172 1 hr Meeting notes Task 1.3 8 8 4 weekly contractor meetings Conduct and Document Project Meetings $ - $ 1,360 $ - $ 48 $ 1,408 1.0 hr, notes & agenda 1 hr meeting Task 1.4 1 1 2 1 Review Schedule Review Contractors Construction Schedule $ - $ 85 $ 140 $ 9 $ 234 0.5 hr analyze weekly Task 1.5 1 1 1 Maintain logs, inspection reports, Maintain Project Records $ - $ 85 $ - $ 3 $ 88 1 hrs/week - photos, schedules, and correspondence Task 1.6 4 4 2 pay requests, including final Review and Evaluate Monthly Progress Payments $ - $ 680 $ - $ 24 $ 704 2 hrs each Task 1.7 3 months plus including final Prepare Monthly Progress Reports $ - $ - $ - $ - $ - hrs for writing each Task 1.8 4 4 4 Assumed Number of RFI's/RFC's Respond to RFI's and Issue RFC's $ - $ 680 $ - $ 24 $ 704 1.0 hrs each Task 1.9 2 2 1 Assumed Number of PCO's Prepare PCO's and Change Orders $ - $ 340 $ - $ 12 $ 352 2 hrs each Task 1.10 7 7 7 Assumed Number of shop drawings/submittals Coordinate Submittal and Shop Drawing Review $ - $ 1,190 $ - $ 42 $ 1,232 1.00 hrs each Task 1.11 weeks; Included in 1.4 Monitor Permit Compliance $ - $ - $ - $ - $ - hrs per week; permits & coordination Task 1.12 Months Monitor Construction Record Drawings $ - $ - $ - $ - $ - hrs per month Included in 1.4 Task 1.13 Assumed Number Perform Claims Management $ - $ - $ - $ - $ - hrs each Not included, if requested Task 1.14 240 240 40 hours per week inspection Additional Inspector Provide Field Inspection/Observation $ - $ - $ 33,600 $ 2,640 $ 36,240 6 weeks working days Task 1.15 4 4 Prior to Pre -construction Prepare Photograph and Video Documentation $ - $ - $ 560 $ 24 $ 584 Task 1.16 Document field changes to drawings Field Changes $ - $ - $ - $ - $ - or specifications. Included in 1.4 Task 1.17 Hours per week Prepare/Review Daily Observation Reports $ - $ - $ - $ - $ - Included in Task 1.14 Task 1.18 Coordinate Materials Testing I $ - I $ - $ I $ - $ - I Included in Task 1.14 Sub -Total 45 255 300 $ - $ 3,000 46,350 $ - $ 7,650 $ 35,700 Phase 2: Project Completion Task 2.1 4 4 Develop Punchlist $ - $ - $ 560 $ 24 $ 584 Task 2.2 2 4 6 Record Drawings, warranty items Compile Final Documents $ - $ 340 $ 560 $ 36 $ 936 indexes, logs and binders Task 2.3 Final pay request, coordinate retention release Notice of Completion I $ - $ - $ - I I I $ - I $ - I City Council Agenda City to provide Sub -Total 2 8 10 $ - $ 60 1,520 $ - $ 340 $ 1,120 Project Totals 47 263 310$688,728.00 Construction Bid $ - $ 7,990 $ 36,820 $ - $ 3,396 $ 47,870 7.0% of Construction * OTHER DIRECT COSTS Include: Telephone, Mileage, Printing, Photo -copies and other misc. direct expenses. Meeting Date: Department: Submitted By: Prepared By: Agenda Title: Item No. 7 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 July 26, 2016 Development Services Mary Grace Pawson, Development Services Director Jeffrey Beiswenger, Planning Manager Discussion and Direction on Letter of Support for the Sonoma County Board of Supervisors on Proposed Community Separator Ballot Measure RECOMMENDED ACTION: Consider authorizing a letter to the Board of Supervisors supporting the proposed community separator ballot measure and encouraging Sonoma County to take additional measures to reduce rural sprawl. BACKGROUND: Since 1978, Sonoma County's General Plan has mapped "critical community separators" in an effort to contain urban development, preserve community identity, protect rural character and maintain open space. In 1996, the voters of Sonoma County approved a ballot measure that requires voter approval to: 0 change land uses or increase density/intensity within the mapped community separators; • reduce the size of the mapped community separators. These voter approval restrictions expire in 2016. In December 2015, the Sonoma County Board of Supervisors approved a work plan to develop a new ballot measure for consideration in November 2016. This measure would protect community separator restrictions for another 30 years or until 2046. This work plan included community outreach and an effort to identify expanded community separator lands with an emphasis on priority greenbelts. On June 28, 2016, the City Council received a report from County staff on the community separator proposal. As noted at the time, the proposal would result in the Rohnert Park/Cotati communities being surrounded by the most complete community separator in the County. While the City is generally supportive of community separators, in concept, and supportive of a city -centered growth approach, Council requested that staff provide additional analysis and a recommendation on this specific proposal because of the potential long-term impacts on the City. Based on the analysis detailed below, staff recommends a letter that supports the ballot measure but also encourages Sonoma County to take additional actions to limit "rural sprawl" within the separators. ANALYSIS: Location of Proposed Community Separators: The current community separator lands are located adjacent to the City's urban growth boundary, along its northern and western limits as far Item No. 7 as the Laguna de Santa Rosa (see Attachment 1 — City of Rohnert Park General Plan Diagram). The westerly community separator lands also extend along a portion of the City of Cotati's western border. As a result of public input, Sonoma County is proposing to expand the community separator land around Rohnert Park, generally to the east and south (see Attachment 2). The proposed expansions to the community separator lands are illustrated in orange and are generally east of Petaluma Hill Road and directly south of the City's urban growth boundary. The proposed expansion to the community separator lands are all outside of the City's sphere of influence and urban growth boundary. It is important to note that a community separator designation does not completely preclude future growth and development. A city may annex land within the community separator for development purposes, provided it mitigates this action by securing replacement community separator land. As Council is aware, the City's Wilfred Dowdell and Northwest Specific Plan Areas extended into historic community separator lands and the City has agreed to provide and is providing replacement lands, as these areas develop. If the new ballot measure is approved, the City would continue to have this option to provide replacement lands. Impacts to Future Development in Rohnert Park: The proposed expansion of the community separator lands is outside of the City's current sphere of influence and urban growth boundary. The proposed expansion would not impact the City's ability to implement its current General Plan, which was adopted in the year 2000. However, in a county like Sonoma County, where city -centered growth is emphasized, the ability of the cities to meet their economic development and housing goals is critical, because development potential outside of the cities is curtailed. As a result, the land available to each city outside of the community separators must be able to accommodate the growth necessary for economic development and housing, including affordable housing. Staff has analyzed the current development patterns in the City to determine if adequate land exists within the existing Urban Growth Boundary to support continued development and economic development activity. Table 1 summarizes this review and illustrates that significant new development potential remains within the City. Specifically: • Under 10% of the total acreage available for development has or is currently being developed; • Just over 5% of the planned single family residential development is currently being developed; • Just over 10% of the planned multi -family residential development has or is currently being developed; • Under 5% of the planned commercial square footage has or is currently being developed. This analysis indicates that while the City is 80% of the way through the time horizon envisioned for General Plan buildout (estimated to be 2020), only 5 to 10% of the planned development has occurred. At current, or even somewhat accelerated growth rates, the City has adequate development capacity to accommodate growth well into the future and staff recommends that the City's efforts and investment go towards fully implementing is General Plan vision for the foreseeable future. 2 TABLE 1— STATUS OF PLANNED GROWTH IN ROHNERT PARK Acreage Northeast SPA Northwest SPA Southeast SPA University District Wilfred Dowdell Stadium Area PD 4�9" Sonoma Mountain Village PD Central Rohnert Park PD Total W Total 215.7 90.0 80.0 297.0 24.8 30.0 175.0 330.0 1,242.5 Developing 0 0 0 69.9 6.9 16.5 0 0 93.3 Developing as % of Total Single Family Residential 0% 0% 0% 23.5% 27.8% 55% 0% 0% 7.5% Total 890 0 394 1,427 0 0 700 0 3,411 Developing 0 0 0 175 0 0 0 0 175 Developing as % of Total Multifamily Residential 0% NA 0% 12.3% NA NA 0% NA 5.2% Total 200 398 81 218 0 338 1,192 835 3,262 Developing 0 0 0 0 328 0 0 338 Developing as % of Total Commercial 0% 0% 0% 0% NA 97% 0% 0% 10.4% Total 0 735,300 10,000 100,000 302,114 140,000 524,000 827,290 2,638,704 Developing 0 0 0 0% 118,819 0% 0% 0% 118,819 Developing as % of Total 0% 0% 0% 0% 39.3% 0% 0% 0% 4.5% While staff recommends that the City's effort and investment go towards fully implementing its General Plan vision, staff has also analyzed the proposed community separator expansion in light of very long-term but logical extensions of the City in order to meet economic development and housing goals. This analysis is presented below and focuses on the four geographic quadrants around the City. Feasibility of Westerly Expansion: The area west of the City's current Urban Growth Boundary already carries community separator designation. In addition, some of the area is held in trust for the Federated Indians of the Graton Rancheria and all of the area is within the designated habitat area for the California Tiger Salamander. This poses significant constraints on future development potential. These constraints, combined with the fact that the land within the City's Northwest and Wilfred Dowdell Specific Plan Areas has just begun to develop, means that the proposed community separator designation west of the City will not impose a practical limit on the City's ability to accommodate planned growth. Feasibility of Northerly Expansion: The area north of the City's current Urban Growth Boundary also already carries community separator designation. This is also the area where the City's Urban Growth Boundary is closest to Santa Rosa and where the community separator designation truly functions as intended and provides for a clear separation between the two cities. Future northern expansion of Rohnert Park would be difficult because of the proximity to Santa Rosa and staff believes that the proposed community separator designation north of the City will not impose a practical limit on the City's ability to accommodate planned growth. Feasibility of Easterly Expansion: The proposed community separator expansion would designate significant new land east of Petaluma Hill Road as community separator. The City's General Plan recognizes Petaluma Hill Road as a logical boundary to urban development. The General Plan includes policies which require urban development near Petaluma Hill Road to have "soft" edges and preserve views. The approved University District and Southeast Specific Plans have been designed to be consistent with these policies and to support the transition from urban to rural development along Petaluma Hill Road. The proposed expansions to the community separator lands would cover the 53 -acre parcel, east of Petaluma Hill Road, which Brookfield Homes has dedicated to the City. The City is planning to construct a water tank and the Copeland Creek regional detention basin on this property. City staff has met with County staff on this proposal. County staff has indicated that the City's proposed use of its property east of Petaluma Hill Road would be compatible with a community separator designation. Staff believes that the proposed community separator designation east of Petaluma Hill Road will not impose a practical limit on the City's ability to accommodate planned growth. However, as illustrated by the blue box on Figure 1, there is one area east of the City's current Urban Growth Boundary, west of Petaluma Hill Road, and north of the Northeast Specific Plan Area that could provide a logical extension of the City's boundary at some time in the future. If developed in accordance with the City's General Plan policies, and to the same standard as the University District or Southeast Specific Plan Area, this area could provide for future growth with adequate municipal services, while still providing a visual separator from Petaluma Hill Road. Because there is still so much development 2 capacity within the University District and Northeast Specific Plan Areas, staff does not believe that the proposed community separator designation would pose a practical limit on the City's growth during the proposed, thirty-year term of the separator designation. However, staff recommends that the City Council respectfully request that when this thirty-year term expires, the County reexamine the need for additional urban growth in this area to support economic development and housing goals. Figure 1— Community Separator Lands East of Rohnert Park Garrett Cl Gregory C, Gdorp[a C, Mad ra-Lo Keisn Ave K Feasibility of Southerly Expansion: The proposed community separator expansion would also designate land south of the City's Urban Growth Boundary as community separator. This is an area where the community separator designation has potential to support the City's goals by containing the spread of small rural residential lots (see Impacts to Future Development Outside of Rohnert Park, below). In particular, the designation of additional community separator lands south of Railroad Avenue would provide a strong disincentive to small rural residential development and deserves strong support from the City. However, as was the case with the easterly designations, there is an area (illustrated by the blue box in Figure 2) which could provide for logical extension of City services at some time in the future. If developed in accordance with the City's General Plan policies, and to the same standard as the University District or Southeast Specific Plan Area, this 5 area could provide for future growth with adequate municipal services, while still providing a visual separator from both Petaluma Hill Road and Railroad Avenue. Because there is still so much development capacity within the Southeast Specific Plan Area and the Sonoma Mountain Village Priority Development Area, staff does not believe that the proposed community separator designation would pose a practical limit on the City's growth during the proposed term of the separator designation. However, again, staff recommends that the City Council respectfully request that when this thirty- year term expires, the County reexamine the need for additional urban growth in this area to support economic development and housing goals. Figure 2 — Community Separator Lands South of Rohnert Park °o4ye i MYrne Ave M1lY rllc Ativ Vcrandn Ave v Q\ john ganerts❑r - -- - ""'-'--- p' E— Yw-Ave q c valley H—— E - - - E Railroad Aven M O 71k, k�Tdwjgw- E Nov E Peni� ��/ AtlobeRp Penn grove woeew�ra Avz � Ran ansi.nh. a. C Impacts to Future Development Outside of Rohnert Park: While staff believes that the City's ability to meet its economic and regional housing goals can be accommodated with County's community separator proposal, staff does not believe the proposal goes far enough to truly limit "rural sprawl". Rural sprawl is defined as small residential lots without adequate public services such as sanitary sewer and water. While both urban and rural sprawl may be guilty of consuming agricultural and natural resource areas, but in many ways rural sprawl is the worst of all worlds, since: on • Agricultural and natural resources are consumed by low density residential development at a higher rate than by urban development. For example, 100 homes on 100 acres (rural) requires more land than 100 homes on 4 acres (urban). • Public sanitary sewer systems and water system are generally not available in rural areas since it is too expensive to extend these services in a low density development environment. • Rural sprawl results in a dispersed transportation network, resulting in an expensive -to - maintain roadway network, poor air quality due to corresponding increases in vehicle miles traveled and increases in GHG emissions. • Rural residential development results in a constrained housing supply due to the inefficient consumption of the land for extremely low density development — eliminating the possibility of the efficient expansion of municipal services. The current Sonoma County General Plan has certain "sprawl" inducing provisions that should be reconsidered. One of the more troubling is the extensive areas set aside for rural residential development. Rural residential zoning allows for lots as small as one (1.0) acre in size. This lot zoning is supported in the policy language of the plan: Objective LU 6.2: Limit residential density to a minimum of one dwelling per acre in unincorporated communities with public water but without sewer systems. As worded, this policy encourages rural residential lots development on septic systems. This is perhaps one of the more destructive land use patterns to the natural environment. The large lots consume acres of land for very few homes and the corresponding septic systems can pollute waterways and ground water supplies. If the goal of the County is to protect natural resources and agricultural land then comprehensive changes to the Sonoma County General Plan should be considered to restrict additional subdivision of properties in rural residential areas. Figure 3, below, illustrates the area that could benefit from additional County review in order to avoid rural sprawl. 7 Figure 3 — Unincorporated Area Deserving Further Consideration Valley Hnuse �! aw County Policies to Provide for Additional Separai Lands in this Area f O/ Adobe Railroad Avenue M! ,W Q�a A RECOMMENDATION: In general, city -centered growth coupled with thoughtfully created community separators provide for a high quality environment and a high quality of life for our residents. Staff believes that the community separator proposal does not present undue constraints on the City's planned development and that the City's economic and housing goals can be supported within its urban growth boundary for the foreseeable future. Staff also believes the City's efforts and investment are best focused on its current planned and approved development. However, staff recognizes that this proposal also provides an opportunity for the City Council to indicate its long-term policy goals. Staff recommends that the City Council support the County's proposed ballot measure with a request to reconsider areas east and south of the City but west of Petaluma Hill Road and north of Railroad Avenue for inclusion in urban service areas when this community separators measure expires in 2046. Staff also recommends that the City's letter include a request that the County review its policies around rural development south of the City with the goal of discouraging future rural sprawl. STRATEGIC PLAN ALIGNMENT: Authorizing action consistent with staff's recommendation is consistent with Strategic Plan Goal D: Continue to develop a vibrant community. The staff recommendation is also consistent with City's goal of supporting regional efforts where feasible. M. s� �yG as 4s Pak y5 A✓c Myr[le Ave My rlic Are � key c 4e�v Ve ,o AA �eeu y � Euealy plus Arc o P Valley Hnuse �! aw County Policies to Provide for Additional Separai Lands in this Area f O/ Adobe Railroad Avenue M! ,W Q�a A RECOMMENDATION: In general, city -centered growth coupled with thoughtfully created community separators provide for a high quality environment and a high quality of life for our residents. Staff believes that the community separator proposal does not present undue constraints on the City's planned development and that the City's economic and housing goals can be supported within its urban growth boundary for the foreseeable future. Staff also believes the City's efforts and investment are best focused on its current planned and approved development. However, staff recognizes that this proposal also provides an opportunity for the City Council to indicate its long-term policy goals. Staff recommends that the City Council support the County's proposed ballot measure with a request to reconsider areas east and south of the City but west of Petaluma Hill Road and north of Railroad Avenue for inclusion in urban service areas when this community separators measure expires in 2046. Staff also recommends that the City's letter include a request that the County review its policies around rural development south of the City with the goal of discouraging future rural sprawl. STRATEGIC PLAN ALIGNMENT: Authorizing action consistent with staff's recommendation is consistent with Strategic Plan Goal D: Continue to develop a vibrant community. The staff recommendation is also consistent with City's goal of supporting regional efforts where feasible. M. OPTIONS CONSIDERED: 1. Authorize sending a letter to the Board of Supervisors supporting the proposed community separator ballot measure and encouraging Sonoma County to take additional measures to reduce rural sprawl, consistent with this staff report. (Recommended Action). 2. Authorize sending a letter to the Board of Supervisors supporting the proposed community separator ballot measure unconditionally. This option is not recommended because the City Council would lose an opportunity to communicate with the County on our shared goals of encouraging city -centered growth and discouraging urban sprawl. The City's requests to consider long-term additions to its urban growth boundary and long- term reduction of rural subdivision potential are consistent with efforts to support city - centered growth and open space protection. 3. Authorize sending a letter to the Board of Supervisors opposing the proposed community separator ballot measure. This option is not recommended. While the City has long-term goals that may go beyond the current community separator proposal, the proposal is reasonable and will not unduly constrain the City during its thirty-year term. Staff believes that the City can make more progress towards these long-term goals through a cooperative relationship with the County. FISCAL IMPACT/FUNDING SOURCE: There are no fiscal impacts associated with this discussion. Department Head Approval Date: 07/15/2016 Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 07/18/2016 Attachments (list in packet assembly order): 1. City of Rohnert Park General Plan Diagram 2. Proposed Community Separator Designations around Rohnert Park I TODD RD MILLBRAE AVE SANTA ROSA URBAN BOUNDARY W R a\\\00'�r°ccs COMMUNITY \\ : 3 e\` SEPARATOR $ ' CII OOL RpHry�B �T T \ I\ P f, m °°f o °9 0 3 SOS V' O� C COTATI/ SPHERE OF INFLUENCE j N 0 1,000 2,000 3,000 ill Rural Estate Residential Low Density Residential Medium Density Residential - High Density Residential Industrial Commercial - N = Commercial - R Commercial - R/ High Density Residential New k♦dossing il Cross Influenc 1 HOLLY AVE nnnnnnnnu■■■n■■�I Coleman Creek I: 0 PARK 00 -: ROHNERr PARS VALLEY HI \_. ■�-SpFerQ-o�Frr�Gi CURSE DR - MUNICIPgL GOLFCOURSE --niu■7■ :,IIS_ �■■ '0 Year UG RAILROAD AVE GOIORIDGE r j ' lIONEVBE 1AR1 ELEMENTARY . SCHOOL - MARGUERITE FA ed ELESM{NTARY OOL --- — — — — — — — — — — i — hange Huws51 ■ li ELEANOR A4 GOLF COURSE DR ROHNERTPARK MUNICIPAL GOLF COURSE - VIII Five Creek � jrl)� Af'J._ W'I [VLRGREEN - @LEMENTARYi� Community N9� X SCHOOL lad Fields - fD DOROFHEA m 'AEKGLE PARK ■I Crane Creek � PARK (j ' 4 2 ■ OP C, p + CREEKSIDE -- , MIDDLE SCHOOL s City Center ROHNERT PARK EXPY SUNRISE PARK. ` COMMUNITY CENTER L m SPORTS CE ER , L PERFORMING ARTS CE NTER� J Ca n'4 r P%Op"Creek �P RANCHO COTATE OLEG O - V STK 1W SENIOR HIGH SCHOOL � AVAFIN E scHaDL aiDDL it I N U CATERPILLAR SONG UNIME STATE W PARK RSITV MOUNTAIN DRAOOWS - Op LESCHOOL „l Y BENICIA G- _ PARK O K■■�� p 4� WALDOAOHNERT 2 V•� - _9 ELEMENTARY G: SCHOOL •� ol P ` . FO .!JtMAGNDFA PARK COTATI ONT VISTA \•� +■■■r'\ SCHOOL LA FIESTA yn SCHOOL --- LRY V, SCHOOL LADYBUG O �\ ARK P •1\\ 0 •1� i\ Mixed Use Office Public/Institutional Parks/Recreation - Open Space - Environmental Conservation Open Space - Agriculture and Resource Management Community Separator - Public/Institutional/Medium Density Residential All maps are intended to be consistent with the General Plan Diagram. Additional adjustments to other maps may be made for consistency. Base data from County of Sonoma GIs department and the City of Rohnert Park Revised 09/2014 11117'60°9h Cree¢ CCeek hou L\G 300 ........ Sphere of Influence 20 Year Urban Growth Boundary City Limits Existing/Proposed Major Arterial (4-6 lanes) ........ Minor Arterial (2 lanes) ----- Major Collector (4 lanes) ........ Minor Collector (2 lanes) General Plan Figure 2.2-1 Diagram Adopted: 11/7/2000 Diagram Revisions: 11/7/2000 1/23/01 Reso 2001-24 7/24/01 Reso 2001-161 8/28/01 Reso 2001-192 10/22/02 Reso 2002-247 10/14/03 Resos 2003-236 and 2003-238 9/25/05 Reso 2005-296 5/23/06 Reso 2006-142 6/13/06 Reso 2006-161 6/10/08 Reso 2008-87 8/24/10 Reso 2010-102 12/7/10 Reso 2010-133 Reso 2010-135 11/12/13 Reso 2013-153 And 2013-155 4/8/14 Reso 2014-33 11/25/14 Reso 2014-156 0 al VALLEY HI \_. ■�-SpFerQ-o�Frr�Gi t --niu■7■ :,IIS_ �■■ '0 Year UG RAILROAD AVE 11117'60°9h Cree¢ CCeek hou L\G 300 ........ Sphere of Influence 20 Year Urban Growth Boundary City Limits Existing/Proposed Major Arterial (4-6 lanes) ........ Minor Arterial (2 lanes) ----- Major Collector (4 lanes) ........ Minor Collector (2 lanes) General Plan Figure 2.2-1 Diagram Adopted: 11/7/2000 Diagram Revisions: 11/7/2000 1/23/01 Reso 2001-24 7/24/01 Reso 2001-161 8/28/01 Reso 2001-192 10/22/02 Reso 2002-247 10/14/03 Resos 2003-236 and 2003-238 9/25/05 Reso 2005-296 5/23/06 Reso 2006-142 6/13/06 Reso 2006-161 6/10/08 Reso 2008-87 8/24/10 Reso 2010-102 12/7/10 Reso 2010-133 Reso 2010-135 11/12/13 Reso 2013-153 And 2013-155 4/8/14 Reso 2014-33 11/25/14 Reso 2014-156 1 r rt ,� fir. , •r � t r "-y �r. , .� ... '�` ''' `i' ' � �'' //` f//f f � '�"' - "" • r/'�'' +art Or "� tS �� •,F'Tx a. • � � I / { ani"'T, ` _.q�• �i. r Rt r {r - Inert Park 1J 5A Q^ '�`r, -, "."•w a p, I+ �. "r.r' m ... ', 5.•.4a X = ' r �x i r,$° A, a. ,ytfi.,. r . �* s TE t - - 11 Ike oNl• ; FY •e ��. �--k-- '• -_ y � //, ,� , / - - .�, 'fin. Az �+� L,?..t . F" sri HERE, QeLorme Eai Ro h nert Park Proposed Community Separator Ballot Measure Discussion and Direction July 26, 2016 19 -voiANERT P4 `L�`1LIFOR'S1i 62 y �1 r � Rohnert Park ' v4 'All Al 1 , /i�f��f fr'f / Reiinpro�:e USA Esri. HERE. Detorme Ea 13 T ar r v 6. 77 rl Y A/I Rohnert Park �r i wr Esri. HERE. Detorme Ea 13 Rohnert Park Easterly Expansion: No existing separator P Preservation of views important' Water tank/detention basin east of r � proposed Petaluma Hill Road for UDSP Consistent with 30 -year growth projections Reconsider "site #I" after 30 yrs r R r r ,+ . Afth �9� . ^ •' 'Anja �.' �lr ,• •,9�F /,' ^+�' �� yy -• - ;.tom .. ; + j`+v'��_N n Rohnert Park 7 Z�A nert Park tf S k -L ti. L Mu S, 7—r 0 r -N, #2 #3- 4f -Alib zz� Rohnert Park Esei, HERE. DeLorme I Ea 13 Current Development Capacity within City Limits Development Potential in Rohnert Park 120.0% 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% 11 Total Acreage Single Family Units Multifamily Units Commercial Square Feet 0 % Developed % Undeveloped o� rum am o-uvn ti[ c � Park Myrtle Ave MyrtleA— yC �.�V r Vero-ntla AvQ � o v Cal �C Joh n Ro-taerts Dr - - �C .yh � C (j1ct�•. Euca Py plus Ave �4 4 Valley House Or rig b Review Cou v Policies to Provide for Additional Separator T ak� fh Q� �4. Lands in this Area `° `/IV _ U l C d Ave Dutch Ln Future City Growth Area (in 30 years) U pue _ _ x a\\4 r G�rinolll CE Paul aritl G --lona _ Gaapao L'I r»lis Fark GaEaxY Gt hu Gray mill Ct �r_. Garrett GI Gary ' Ct Greyary Ct G- elr3 Georgia Ct Gretchen ktoera En Keiser Avenue h.,, -�.ay or A .: rk Oak V4ewn EXPYL Crane Canyon Road irA-I Future City Growth Area (in 30 years) pt's�dry °Aye Myatfe Ave My rtle Ave y � Key e {�� Ver—Ja Ave �Jeh n R°b em pr e N Q V�o pct E—Iyp—Av.e a vpp� 0!� 8 H SAS '14 E Railroad Avenue Ranshe pehrtvg'OYE yy°ntlwaad A— om,.. o. i Staff Recommendation . Support Ballot Measure Request that the Board reconsider its policies to allow for more community separator designation south of Railroad Avenue in the future Request, that upon expiration of the measure, logical extensions of City's limits be considered The City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 (707) 588-2225 7/26/16 Re: Staff report and statements regarding living conditions and development standards in Penngrove at 6/28/16 Council hearing. Dear Vice Mayor MacKenzie: During the 6/28/16 Council hearing discussion the City Manager made a number of highly exaggerated, misleading, and conclusory statements on "Rural Sprawl" and living conditions related to development standards in the Penngrove area. 1) That kind'a piecemeal, septic system and well model they have all around Penngrove just doesn't work. 2) There's all kind'a problems related to people living on small lots, close to each other, with a septic system and well, that's just not good healthy living. 3) I'm not a fan of that "style of sort'a quasi urban" development that's all over the Penngrove area. There are NO "small lots" close together with septic tanks and wells "all over" the Penngrove Specific Plan area. Parcels up to 1 acre in size are connected to the Penngrove Sanitation Zone sewer. Thereafter the Penngrove Specific Plan land use element allows: 1.5, 2., 2.5, 3 acre density parcelization on septic systems with wells or Muni .Water, some have both. Thereafter 5, 10, and 20 acre density parcelization on septic systems with wells. NOTE: The Penngrove Sanitation Zone maintains a sewer reserve capacity to allow for outside service extensions to parcels outside the USA with failed septics std. Sewer extensions are only allowed for existng units, not for increasing subdivision parcelization and development potential. If a legal certified septic system is properly sited and working properly, it will effectively and efficiently remove disease -causing bacteria. ( State of California ) If the City has comprehensive and conclusive verifiable information regarding "all kind'a problems" in the Penngrove Specific Plan area regarding: 1) Parcels unsuitable for safe public health operation of septic systems and wells; (NOTE: Canon Manor is not a part of the Penngrove Specific Plan area.) 2) Certified records of occurences of "outbreaks" or "epidemics" of diseases related to unsafe and unhealthy septic system and well operations; then send such records to Sonoma County PRMD. The assertion "that's just not good healthy living" is conclusory and stated with a degree of medical certainty that is presently unavailable. The staff report to the Council on the County Community Separator proposal appears to be written in complete isolation and denial of the existence of the Court Agreement or the County's Specific Plan goals and policies. Frankly it reads without any mention or continuity or contextual relationship whatsoever to the City's own documented actions and statements of intent to the Court or LAFCO when it requested the SOI removal in compliance with the Agreement. Staff is proposing the future annexation of lands that The City of Rohnert Park has already dedicated as a mitigation for its General Plan in the Settlement Agreement? The Agreement clearly states these lands are for lonq term protection of Penngrove area agricultural lands, groundwater recharge, traffic, and open space. Is staff suggesting The City of Rohnert Park complies with the Settlement Agreement by proposing to re -annex these dedicated open space lands for City urban development as a form of protection from "Urban Sprawl"? The City Council Resolution 2002-248, Section 1. states that the removal of the subject lands is: "to discourage urban sprawl and preserve open space and agricultural lands ... allows the entire area to remain under County of Sonoma's Open Space — Agriculture and Resource Management land use designation ... more appropriately belongs within the jurisdiction of the County of Sonoma because of its consistency with the surrounding County — zoned lands." Generally the term "Rural Sprawl" may have some legitimacy however in this case it is an inflammatory "red herring" being used by staff for cover to make a case for proposing more "Urban Sprawl" over open space lands the City has already dedicated to the Penngrove Specific Plan area by Settlement Agreement The definition of "sprawl" is "tp spread out." Since the 1984 Penngrove Specific Plan was adopted there has been NO "Rural Sprawl" expansion of the Plan boundaries whatsoever, NONE. There are no plans to do so in the future. Parcels of land are static, we have not moved existing parcels towards Rohnert Park, Rohnert Park has expanded towards us. This is comparable to someone moving next door to an airport and then complaining about all the noise from the airplanes taking off. Staff claims the existence of some "imminent threat" from Penngrove "Rural Sprawl" when in fact it is the City's continual growth that has brought "Urban Sprawl" right to the Penngrove Specific Plan boundary. In fact it was this very boundary encroachment violation of the Penngrove Specific Plan that Judge Antolini discussed with the City in Superior Court which lead to the City's SOI removal from these exact lands? Staff states: "Rural Sprawl" is defined as small residential lots without adequate public services such as sanitary sewer and water." The subject lands are Diverse Agricultural lands zoned for one home per twenty acres, not one home per acre? Has staff developed a new standard that twenty acres is a small lot? Staff states concerns about "small residential lots" without adequate public services such as sanitary sewer and water" however then they contradict themselves by complaining that "large lots" consume acres of land for very few homes"? Does staff suggest that the County of Sonoma prohibit all rural development due to staff's "Rural Sprawl" ideology? Sonoma LAFCO's SOI policies state: "Proposals shall be consistent with applicable city and county general and specific plans. The Commission discourages proposals that promote urban development in areas not designated for urban development by applicable plans. In a recent 2011 Municipal Services Review for the City of Petaluma the City's SOI was removed from the Penngrove Sanitation Zone stating: Penngrove is an independent community with a distinct identity. A County Specific plan developed in 1984, supports the exclusion of the area from any city's Sphere. I recently met with Sonoma LAFCO to obtain the complete administrative record from the City of Rohnert Park's 2002 submittal to remove the lands south of Valley House Drive from the City's SOI consistent with the Court Stipulated Judgement. While LAFCO considers City and County plans and policies in its determinations the lead document related to the lands south of Valley House Drive is the Court Stipulated Judgement, not the City or County plans. The lands south of Valley House Drive are the headwaters of the Petaluma Watershed and contribute to regional stormwater. Any proposals to allow "urban density" development and impervious surfaces covering those lands shall create additional significant stormwater runoff impacts to Penngrove and especially Petaluma downstream. With existing conditions alone we already saw 56 million dollars in damages during the 2005/2006 New Years storm. Since the 2005 / 2006 New Years storm disaster in Petaluma the SCWA Zone 2A and Penngrove have continued working with the City of Petaluma General Plan staff to develop a unified sub -regional hydrologic stormwater model including the surrounding watershed and unincorporated areas. After ten years we have made significant progress and are currently focusing on: The Upper Petaluma River Watershed Flood Control Project Scoping Study. By the time the Watershed Flood Control Project is completed the City of Petaluma. Penngrove and SCWA will have invested over ten years and millions of dollars of taxpayers dollars to complete this comprehensive unified city / county hydrologic watershed analysis project. In summary, due to the sub - regional size, scope and cost of this effort any improper urban development upstream that results in jeopardizing and conflicting with this regional project will be very controversial to sav the least. To prevent multiple public agencies from working at cross purposes it is imperative that this ongoing sub -regional Watershed Study Area be taken into consideration for any proposed land use density changes within this SCWA Project Study Area due to existing significant floodwater conditions and reasonably foreseeable future impacts resulting from any land use changes. In the Settlement Agreement the City of Rohnert Park pledged "the City is committed to being a good neighbor to the Penngrove community." When implementing the General Plan, the City will listen and consider any concerns expressed during the public hearing process regarding any differences between the Penngrove Specific Plan and the General Plan. The Agreement further states: Areas nearby, but outside the City Planning area, are planned by other local governments including Petaluma, Cotati, Santa Rosa and Sonoma County. The City will consider in good faith any concerns expressed during the public hearing process that another agency's land use plans would dictate different development decisions than are permitted under the Rohnert Park General Plan. If Rohnert Park wants to be recognized as a serious partner with its neighboring jurisdictions for long range "regional protection" of natural resources, agricultural lands, and open space then complying with all the reasons the City already stated to LAFCO and County of Sonoma in it's Court Settlement Agreement to restrict more "Urban Sprawl" on surrounding Diverse Agricultural rural properties within the Penngrove Specific Plan area would be a good starting point. We are recommending that the County of Sonoma proceed to include the entire area south of Valley House Drive into Community Separator consistent with the goals and objectives in the Court Settlement Agreement as set forth in the cover letter and enclosure to LAFCO from Mayor Martinez of the City of Rohnert Park for removal of all the lands south of Valley House Drive from the City's SOI.. We don't doubt the City Manager's sincerity or that he may mean well, and he is entitled to his opinions and planning ideoliges. However we feel he is not entitled to mischaracterize and misrepresent our living conditions and development standards in the Penngrove Specific Plan area. Thank you for your consideration. Rick Savel 0 Ph# Email: Attachments: Appendix A -Settlement 108 Holdings Ltd. vs. City of Rohnert Park Appendix A: South County Resource Preservation Committee and John E. King v. City of Rohnert Park Stipulated Agreement SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into by and between. South County Resource Preservation Committee and John E. King (collectively "Petitioners" or "Committee") and the City of Rohnert Park ("City") on September 5, 2002. City and Petitioners are sometimes referred to in this Agreement as the "Parties.' RECITALS A. There is now pending in the Superior Court of the State of California, in the County of Sonoma, a lawsuit entitled South County Resource Preservation Committee and John E. Kling v. City of Rohnert Park, Case No. 224976 (the "Action"). The Action alleges that City violated the California Environmental Quality Act (CEQA) in certain respects when adopting the General Plan it adopted in Resolution No. 2000-152 ("General Plan") and in certifying the Environmental Impact Report ("EIR") for that General Plan (SCH # 99062114). Nothing in this paragraph, or this Agreement and Judgment, shall prohibit or preclude the City from extending the existing Bodway Parkway south to Valley House Drive. B. The Parties desire to compromise the Action completely between themselves without any admission of liability and to avoid the expense of further litigation. AGREEMENT The Parties agree as follows: 1. This Agreement shall be effective on the date last executed by a Party. 2. The Parties stipulate to entry of the Judgment attached as Exhibit A, and each Party agrees to take all steps necessary to see that the stipulated Judgment is entered as a final Judgment in the Action as soon as possible. The Parties agree to take any and all steps necessary to implement and enforce the terms of this. Agreement. 3. Neither the transfer of any consideration, the doing of any of the acts referred to in this Agreement, nor anything else contained in this Agreement shall be construed to be an admission on the part of any of the Parties of any liability for or merit of any claims asserted by any of the other Parties. The Parties deny all such claims. 4. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California applicable to contracts between California residents made and to be performed in California. 5. The Parties mutually acknowledge that they and their attorneys have. participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the Parties caused the uncertainty to exist. 6. Each Party to this Agreement shall at its own expense perform all. acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. 7. This Agreement sets forth the entire understanding of the Parties relating to the resolution of the issues in this Action, and supersedes all prior understandings relating. to them, whether written or oral. There are no obligations, commitments, representations or warranties relating to the resolution of the.issues in this Action except those expressly set forth. in this Agreement. 8. The Parties shall make best efforts to agree on the form of a joint press release at the time of entry of Judgment. 9. Within .10 days of the entry of Judgment, the City shall pay the compromised sum of $102,000 directly to the Committee's attorney, Brandt - Hawley Law Group, payable to the Brandt -Hawley Law Group Trust Account, as full payment of any and all disputed claims for attorneys fees and costs owed or owing by the City to the Committee.in this action as of the date of entry of the Judgment, pursuant to the private attorney general provisions of .Code of Civil Procedure section 1021.5 or any other legal basis. 10. The Parties acknowledge and agree that the Judgment attached as Exhibit 2 A contains provisions that will affect the City's interpretation and implementation of its General Plan when the City approves development projects and when the City evaluates those projects under CEQA and for General Plan consistency. This Agreement shall not be interpreted to extend the time for bringing any judicial challenges to the City's decisions on such projects beyond the time that would be permitted for challenges to individual projects in the absence of this Agreement. The statutes of limitations applicable to such challenges shall be the statutes of limitation applicable to the development approval being challenged, and the statutes of limitation under CEQA, that would apply in.the absence of this Agreement. Any challenge to any City decision on such a project based on the provisions of this Agreement or the Judgment must be brought as a new action separate from this Action. No other statute of limitations, including those referenced -in Code of Civil Procedure sections 315 —349 and 3/, shall apply to such challenges. Petitioners: Joho. King th County Resource Preservation Committee 1,-,4 G- ohn E. King' Approved as to. Form: hl_f� Susan Brandt -Hawley Attorney for Petitioners I Respondent: City of Rohnert Park By Armando E. Flores, Mayor Approved as to Form: Be sy Stra ss City Attorney Gd 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA SOUTH COUNTY RESOURCE PRESERVATION COMMITTEE and JOHN E. KING, Petitioners, I V. CITY OF. ROHNERT PARK, CITY COUNCIL OF ROHNERT PARK, Respondents. 11 Stipulated Judgment II CASE NUMBER 224976 STIPULATED JUDGMENT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS Petitioners filed and served a verified petition for writ of mandate contending that the City of Rohnert Park (City) failed to comply with the California Environmental Quality Act (CEQA) in adopting the General Plan it adopted in Resolution No. 2000-152 (General Plan) and in preparing the Environmental Impact Report (EIR) for that General Plan (SCH # 99062114); WHEREAS .the Court has reviewed briefs and the record, and urged the parties to engage in settlement discussions; WHEREAS the parties have entered into a settlement agreement (Agreement) and, through their counsel who are fully authorized to act in their behalf, have stipulated to entry of this Judgment, and FOR GOOD CAUSE SHOWN, ITIS ORDERED, ADJUDGED, AND DECREED: I. Groundwater: Policies PF -11, PF 11-A, PF -11 B, PF -121, PF -13, PF -15, PF -16, PF -17, PF - 18, PF -21 and PF -22, of the General Plan shall be interpreted and applied consistent with the following paragraphs, which interpretations and applications shall be treated as part of the General Plan: A. If the City is preparing a negative declaration, mitigated negative declaration, or environmental impact report for a project located outside the City's 1999 .boundaries, then that environmental document shall include (1) a determination of the projected water demand associated with the proposed project, and (2) analysis of whether the total projected water supplies available to the City during normal, dry, and multi -dry years during a 20 year projection will meet the projected water demand associated with the proposed project. The City shall include, as a condition on any tentative map or other equivalent permit for a project located outside of the 1999 City boundaries, the Stipulated Judgment 2 1 2 3 4 5 6 :7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identification of.the water supply that is projected to serve the proposed project. The water supply for Rohnert Park may not include groundwater that is pumped from any well located within Penngrove, defined as the area encompassed by postal zip code 94951 as of 2002. B. General Plan Policies PF -11 through PF -15 shall be interpreted and applied to require the City to reduce, to the greatest extent feasible, its reliance on groundwater pumping for the City's water needs by maximizing the use of Sonoma County Water Agency (SCWA) water through implementation of this Judgment. General Plan Goals PF - E through PF -H shall be interpreted and applied to require the City to utilize purchased water supplies if available, such as those anticipated to be received by SCWA, in order to reduce reliance on groundwater supplies except for emergency use. C. The City shall add the following Department of Water Resources wells to its groundwater well monitoring program: 05NO8WO2HO 1 M; 05NO8WO 1 L02M; 05NO7WO7AO1M; 06NO7W31JO1M ("Additional Wells"). Within 90 days of the Agreement that provides for entry of this Judgment, the Committee shall provide the City . with its written acceptance or.rejection of the Additional Wells. Rejection of the Additional Wells shall be accompanied by a written statement that (1) explains the specific objections to use of each Additional Well; (2) explains why the Additional Well will not provide data that accurately depicts groundwater levels in the area adjacent to the City's Urban Growth Boundary; and (3) proposes a substitute well ("Substitute Well) for each Additional Well for which an objection is filed. Any and all Substitute Wells shall already exist at the time of their identification, and shall not be required to be drilled. If the Committee rejects any or all of the Additional Wells, and the City and the Committee are unable to agree on Stipulated Jud--ment '3 I Substitute Wells for those rejected, then the Committee and the City will jointly select and 2 equally share costs of engaging the services of an independent hydrologist with experience 3 reviewing and evaluating groundwater data from a groundwater monitoring program to 4 evaluate the rejected Additional Wells and the Substitute Wells and who shall determine, 5 from those wells, which are the most likely to provide accurate. and usable information 6 regarding groundwater levels in the area adjacent-to the City's Urban Growth Boundary. 7 The wells so identified shall be added to the City's groundwater monitoring program. All 8 monitoring data from the City's groundwater monitoring program described in General 9 Plan Policies PF-11 and PF- 1 IA, and all past and present groundwater data produced by or 10 for the City and not otherwise exempt from disclosure under the Public Records Act shall 11 be made available to interested members of the public upon written request. New data shall 12 be submitted on a quarterly basis to the California Department of Water Resources and the 13 SCWA. Groundwater monitoring data for each well shall include groundwater levels, 14 extraction rates, precipitation records, hydrographs of groundwater levels, and a discussion 15 of groundwater trends. The City shall prepare current groundwater level contour maps for 16 the City's sub-basin on an annual basis, including spring and fall seasons. The data used 17 for these contour maps shall include the-City's municipal wells and the wells in the 18 Groundwater Well Monitoring Program, to be amended periodically to respond to 19 significant new data that may become available. Contour maps shall be made available to 20 the public. 21 22 D. One of the goals of the City's Groundwater Well-Monitoring Program is to 23 gather data that will allow the City to manage its groundwater extraction so as not to cause 24 a substantial lowering of groundwater levels in the area adjacent to the City's. Urban 25 Growth Boundary. To implement and interpret General Plari policies PF-11, 11A, 11B, and 26 27 28 Stivulated Judgment 4 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 C, the City shall use groundwater level data collected from all wells in the Groundwater Level Monitoring Program to assist in its ongoing assessment of the trend of groundwater levels. E. Best efforts shall be made to detect and repair any leaks in the City's water delivery system on a quarterly basis, at minimum, and to make reports of such efforts available to the public quarterly at city hall and' on the city website. The City shall take any other actions to reduce groundwater use that City may determine feasible. For example, as additional SCWA supplies may become available through the SCWA transmission project, the City will optimize its use of SCWA water to minimize groundwater pumping in an effort to ensure that groundwater withdrawal does. not exceed safe yield. The General Plan EIR, at page 4-146, states that when the EIR was prepared, the "estimated average annual recharge rate" for the sub -basin was 1.60 million gallons per day (mgd) based upon modeling simulations performed for 1952 and 1970 = 1999. F. The City shall require any applicant for development to implement applicable I onsite conservation programs that are recommended by the SCWA in its best management practices for water conservation. G. The EIR anticipates that maximum pumping from the City's municipal wells will not exceed 2.3 mgd to accommodate City water needs pending the anticipated receipt of 15 mgd from the SCWA. (EIR at p-4-142, AR17:7291.) Consistent with the-EIR, and based on substantial evidence, the City shall not approve any discretionary project outside of -the 1999 City boundaries whose net consumptive water use impact on City's water supply will contribute to the City exceeding an average annual groundwater pumping rate of 2.3 mgd Stinulated JuAment S 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from municipal wells and any private wells permitted by the City subsequent to the entry of Judgment. This provision shall not be interpreted as a determination or an agreement that pumping at 2.3 mgd at any point in time is, or is not, safe yield. H. Within 60 days of the execution of this Judgment, and prior to approving any development project on land that was outside the 1999 City boundaries, the City will request SCWA to develop and implement a groundwater management plan that conforms to the California Water Code with adequacy to qualify for state funding. If SCWA develops and implements a groundwater management plan, the City will seek to work with Sonoma County and the cities of Cotati, Petaluma, and Santa Rosa and the community of Penngrove in doing so. Nothing in this paragraph shall be construed or interpreted to prohibit the City from approving any development project on. land that was outside the 1999 City boundaries unless and until SCWA develops and implements a groundwater management plan. I. As soon as feasible, and in any event within one year of the entry of this Judgment, the City shall install a SCADA telemetry system allowing for more efficient use of SCWA water so as to decrease City reliance on groundwater. J. The City agrees to work with water management agencies in Sonoma County to develop and implement water reclamation opportunities, similar to and- including the following existing uses of reclaimed water: irrigation of trees and landscaping, parks and school grounds south of Golf Course Drive, City golf courses, Roberts Lake, and various commercial and industrial sites including Hewlett Packard, State Farm, Press Democrat, Compumotor, and Fresh Choice. Stipulated Judgment r 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 K. The City shall continue to pursue funding for the installation of water meters on all residential uses within the City. The City will replace its current flat fee structure with a fee structure that is based upon consumption and that penalizes excessive use so as to reduce water consumption within the. City. II. Sphere of Influence: The Land Use Framework Guiding Principles on page 2-12 of the General Plan shall be interpreted and applied to embody the following, which interpretations and applications shall be treated as part of the General Plan: The City shall take all steps necessary to make application to the Sonoma County Local Agency Formation Commission (LAFCO) to amend the City's sphere of influence through the removal of all lands located south of Valley House Drive that were added to the City's sphere of influence by LAFCO in April 2002. A diagram of the lands to be removed is attached as Exhibit 1. The City shall submit the application to LAFCO no later than November 1, 2002, and, in its authorizing resolution, shall enunciate good cause for the application including long-term protection of Penngrove area groundwater resources, agricultural lands, groundwater recharge, traffic, and open space. In'the event LAFCO does approve the amendment, this Judgment will be a final Judgment. In the event that LAFCO does not approve the amendment, this Judgment and Settlement Agreement shall be of no force and effect, and the litigation shall be reinstated as of the date of LAFCO's action. Actions required by the Agreement and this Judgment to have been taken before such date shall not be affected by LAFCO's failure to approve the amendment, and shall remain in full force and effect. Nothing in this paragraph or Judgment shall be construed to affect the potential extension of the existing Bodway Parkway south to Valley House Drive. Stipulated Judgment I l 2i 31, _ 4 5' 6' 71 8 9 10 11 12 13 14 15 -16 17 18 19 20 21 22 23 24 25 26 27 28 III. Penngrove Area Plan: Goal CD -G (Community Design Element, page 3-23 of the General Plan ) AR 21:8509), shall be interpreted and applied by City as follows which interpretation and application shall be treated as part of the General Plan: A. The City is committed to being a good neighbor to the Penngrove community. When implementing this General Plan, the City will listen and consider any concerns expressed during the public hearing process by members of the Penngrove community regarding any differences between the Penngrove Specific Plan and the General Plan. B. Areas nearby, but outside the City Planning Area, are planned by other local governments including the County of Sonoma, the City of Santa Rosa, the City of Cotati, and the City of Petaluma. The City will consider in good faith any concerns expressed during the public hearing process that another agency's land use plans would dictate different development decisions than are permitted under the Rohnert Park General Plan. C. The City shall notify members of the Penngrove community, who request notification, two weeks prior to the City's hearing of applications to develop land adjacent to Penngrove within the City's Southeast Area Specific Plan, in order to receive their preliminary comments and their comments during the public hearings on these applications. The City shall consider these comments in good faith during the public hearing process with particular consideration given to concerns that the Penngrove Specific Plan would dictate different development decisions than are permitted under the Rohnert Park General Plan. N. Traffic: The City acknowledges that traffic remains a significant Concern of Pemgrove residents and further acknowledges its responsibility to make a good.faith effort I Stipulated Judgment M; - ID 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to work with the Penngrove community, the County of Sonoma, and other cities in the region to develop regional traffic alternatives and regional solutions. that protect the . historic agricultural landscape and established neighborhoods, all as set forth in General Plan Policies TR -21, TR 21A, and TR 21-B. When planning for and approving development within the City's amended Sphere of Influence, the City will incorporate, to. the extent feasible, measures to reduce the vehicle miles traveled per capita from residential to commercial uses within the development. Such measures may include carpooling incentives, high-speed computer access, bicycle -and pedestrian -friendly project design, project access, and contribution to regional solutions. . V. Attorneys Fees and Costs. Because of the interpretations set forth in this Judgment, Petitioners are the prevailing. parties and are entitled to recover the costs and attorneys' fees that have been agreed to by the parties in the stipulation for entry of this Judgment. VI. Use of EIR. The General Plan and EIR are -hereby and will be considered to be supplemented by the mitigation measures and conditions made a part of this Judgment, and by the General Plan interpretations provided herein. The EIR shall be interpreted as incorporating this Judgment. Neither the certification of the EIR, nor the approval of the General Plan, is voided or set-aside. The express provisions of this Judgment are the .only relief that is granted on Petitioners' claims. VII. Publication. City shall include a copy of this Judgment in any and every 11 published edition of its General Plan. . Stipulated Judgment E 1 2 31II 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 VIII. Status Report. The City shall file one status report with the court, concurrently provided to Petitioners through their counsel, six months after entry of this Judgment, explaining what it has done to comply with the Settlement Agreement and this Judgment. IT IS SO STIPULATED. Dated: September —S , 2002 Brandt -Hawley Law Group Dated: September '�_ , 2002 Date: By Susan B ndt-Haw ey Attorney for Petitioners Office of the City Attorney tsy StrAuss Attorney for Respondents GOOD CAUSE APPEARING, IT IS SO ORDERED. Stipulated Judgment Honorable Lawrence G. Antolini Judge of the Superior Court 10 1 EFiero �. 'ia'(z - �-�-- r�777 O.P"� AfN 0r4r�-1 {i -al -9i o4ra-o5�•ot4 44a-�tl-=o4�O i 2 S. 2 INC.- ' ,9'.5 9 ►��±� � Y Ro.�LRo�+."D AVEN.vE EXHIBIT' 1 z 14 a 108 HOLDINGS, LTD. et al., Plaintiffs and Appellants, V. CITY OF ROHNERT PARK et al., Defendants and Respondents; SOUTH COUNTY RESOURCE PRESERVATION COMMITTEE et al. Real Parties in Interest. COURT OF APPEAL, FIRST DISTRICT, DIVISION FIVE, CALIFORNIA A108629 January 31, 2006 COUNSEL Philip F. Atkins-Pattenson, Elizabeth McDaniel, Kristen A. Jensen, Sheppard, Mullin, Richter & Hampton, Josef D. Cooper, Tracy R. Kirkham, Cooper & Kirkham for Plaintiffs and Appellants: Michelle Marchetta Kenyon, Benjamin L. Stock, McDonough Holland & Allen for Defendants and Respondents. Susan Brandt -Hawley, Paige J. Swartley, Brandt -Hawley Law Group for Real Parties in Interest. OPINION STEVENS, J. In this appeal, we must determine whether the City of Rohnert Park unlawfully surrendered its police power and improperly amended its General Plan by entering into a Settlement Agreement and Stipulated Judgment to resolve litigation brought against it. 108 Holdings, Ltd. and S.C. Forty Acres, Inc., appeal from a judgment dismissing an action seeking declaratory and injunctive relief and a writ of mandate against the City of Rohnert Park, the Rohnert Park City Council, and the Rohnert Park Planning Commission (collectively "the City"). Appellants sued the City after it entered into a Settlement Agreement and Stipulated Judgment with real parties in interest South County Resource Preservation Committee and John E. King (collectively "SCRPC") resolving a lawsuit brought by SCRPC that challenged the City's adoption of its General Plan. Appellants contended below, as they do in this court, that the Settlement Agreement and Stipulated Judgment unlawfully bargained away the City's ability to exercise its police power in the future and improperly amended the City's General Plan. The superior court disagreed, and it sustained the City's demurrer to appellants' cause of action for writ of mandate and granted judgment on the pleadings to the City on appellants' causes of action for declaratory and injunctive relief. We conclude that the City neither surrendered its police power nor improperly amended its General Plan. We therefore affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Appellants 108 Holdings, Ltd. and S.C. Forty Acres, Inc. (collectively "108 Holdings"), are the owners of approximately 137 acres of property (the Property) located near the southeastern limits of the City of Rohnert Park. On January 16, 2003, 108 Holdings filed a "PETITION FOR WRIT OF MANDATE AND/OR ADMINISTRATIVE MANDAMUS; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF" (the Complaint) against the City in Sonoma County Superior Court. The facts set out below are taken largely from the Complaint. A. ADOPTION OF THE CITY's GENERAL PLAN AND THE SETTING OF THE URBAN GROWTH BOUNDARY On July 25, 2000, the City adopted a new General Plan. According to the Complaint, the City's July 2000 General Plan included all of the Property within the City's proposed sphere of influence, with a portion designated as open space and the remainder designated for industrial use. On that same day, the city council approved a resolution submitting to the voters Ballot Measure N, a measure amending the General Plan to establish a 20 -year urban growth boundary. The majority of the Property is included within the urban growth boundary. The voters approved Measure N on November 7, 2000. The city council adopted Resolution No. 2001-116 on May 22, 2001, and initiated an application to the Sonoma County Local Agency Formation Commission (LAFCO) to amend the City's sphere of influence in a manner consistent with the urban growth boundary established by Measure N. LAFCO approved the City's sphere of influence application on March 6, 2002, and this resulted in the Property's inclusion in the City's sphere of influence. As a result of LAFCO's approval, approximately 100 acres of land owned by 108 Holdings, Ltd. were within both the urban growth boundary and the City's sphere of influence, while 37 acres owned by S.C. Forty Acres, Inc., were outside the urban growth boundary but within the City's sphere of influence. B. THE SCRPC ACTION, THE SETTLEMENT AGREEMENT, AND THE STIPULATED JUDGMENT In August 2000, after the City's adoption of the General Plan, SCRPC filed a petition for writ of mandate that challenged the adoption of the City's General Plan on a number of grounds. The petition in the SCRPC action is not part of the record before us, but it appears that, in simplest terms, SCRPC's petition alleged that the City violated the California Environmental Quality Act (CEQA) in certain respects in adopting the General Plan and in certifying the Environmental Impact Report (EIR) for the General Plan. According to the Complaint, the SCRPC action "requested a writ of mandate in the first instance ordering the City `to set aside and void certification of the EIR and set aside approval of the General Plan and housing element project, and related approvals and to comply with all provisions of [CEQA] and other applicable laws prior to further consideration of the project."' The Complaint alleges that 108 Holdings learned on August 2, 2002, that the city council was planning to consider a proposed settlement of the SCRPC action at the council's August 6, 2002, meeting. 108 Holdings alleged that prior to August 2, 2002, it had not been informed of the terms of the proposed settlement. 108 Holdings objected to the terms of the proposed settlement agreement, and it sent a letter to the city council explaining its objections. Prior to the city council's hearing, the City distributed written material which purported to amend the proposed settlement agreement in certain respects. These revisions were not circulated for public review prior to the city council's hearing, and the city council considered them in closed session. It appears that the proposed settlement and the revisions were adopted, and the parties executed the agreement (the "Settlement Agreement"). The superior court entered the Stipulated Judgment attached to the Settlement Agreement as an order of the court on September 5, 2002. In the Settlement Agreement, the parties "acknowledge [d] and agree[d] that the judgment attached as Exhibit A contains provisions that will affect the City's interpretation and implementation of its General Plan when the City approves development projects and when the City evaluates those projects under CEQA and for General Plan consistency." Under the terms of the Stipulated Judgment, the City bound itself to interpret and apply its General Plan in a manner specified in the Stipulated Judgment. As we will explain in greater detail later in this opinion, the City agreed to apply to LAFCO for an amendment of its sphere of influence affecting the Property and to interpret and apply certain policies concerning groundwater conservation, community design, and traffic in a manner set forth in the Stipulated Judgment. On September 26, 2002, the City's planning commission held a public meeting at which it adopted a resolution recommending that the city council approve a General Plan amendment removing the Property from the City's sphere of influence. On October 22, 2002, the city council held a public hearing to consider this proposed amendment of the General Plan, after which the city council adopted the amendment. C. 108 HOLDINGS'S ACTION AGAINST THE CITY As noted earlier, 108 Holdings filed an action against the City, the city council, the Rohnert Park Planning Commission and various Doe defendants on January 16, 2003. The Complaint asserted five causes of action, only three of which are the subject of this appeal.' In its first cause of action, for declaratory relief, 108 Holdings contended that "[t]he City's amendment of the General Plan, and adoption of the Settlement [Agreement] are ultra vires acts on the part of the City." (Italics in original.) The 2 Complaint alleged that the City was "prohibited from surrendering or impairing [its] delegated power, or that of successor legislative bodies either by ordinance or by contract. [citation]." The Complaint further asserted that the City could not amend its General Plan by contract without complying with CEQA or the statutory requirements governing the adoption of general plans. The first cause of action then set forth a number of statutory provisions that the City allegedly had contravened in amending its General Plan." In its second cause of action, 108 Holdings sought injunctive relief. The Complaint alleged that 108 Holdings would suffer irreparable harm if the City were not enjoined from taking steps in furtherance of the Settlement Agreement. The second cause of action made specific mention of the City's seeking of approval from LAFCO to amend the City's sphere of influence, an amendment that would result in the removal of the Property from the sphere of influence. The Complaint's third cause of action sought a writ of mandate pursuant to Code of Civil Procedure section 1085. 108 Holdings alleged that the City's action in adopting the October 2002 amendment "effectively overturned years of public planning as to the Property." It further alleged that the City's action in adopting the October 2002 amendment was arbitrary, capricious, unlawful, and a violation of 108 Holdings's rights and that "[t]he sole reason that the City adopted the October 2002 Amendment was that the terms of the Settlement bound it to do so." The City later filed general and special demurrers to each of the Complaint's five causes of action. The City initially demurred to the first and second causes of action on the grounds that (1) the Complaint was untimely and (2) the Complaint was barred by doctrines of preclusion because 108 Holdings had failed to appeal the denial of its motion for leave to intervene in the SCRPC action. The City demurred to the Complaint's third cause of action on the ground that 108 Holdings had failed to demonstrate entitlement to traditional mandamus because the Complaint failed to plead "a clear duty on the part of the City which has been breached." On October 29, 2003, Judge Lawrence G. Antolini sustained the City's demurrer without leave to amend as to the Complaint's third cause of action. Judge Antolini concluded that the allegations of the Complaint demonstrated that the City had "simply entered into a settlement in which they promised to try to effect the changes complained of and that [the City's] actions and decisions that actually made the general plan and other changes followed the very procedures which [108 Holdings] assert were circumvented." Judge Antolini overruled the demurrer as to the first and second causes of action on the grounds asserted by the City, although he noted that his decision to sustain the demurrer cast doubt upon the validity of those causes of action as well. Following the decision on the City's demurrer, the case was reassigned to Judge Robert S. Boyd. The City filed a motion for judgment on the pleadings as to the Complaint's first and second causes of action, arguing that the merits of those claims had been previously adjudicated in Judge Antolini's decision on the City's demurrer. Judge Boyd granted the City's motion on September 22, 2004, stating that 108 Holdings's opposition was essentially "requesting this court to reconsider prior rulings." The superior court entered a judgment of dismissal on September 28, 2004. 108 Holdings appealed from that judgment on November 23, 2004. Il. DISCUSSION 108 Holdings appeals from two orders—the order sustaining the City's demurrer to the Complaint's third cause of action and the order granting the City's motion for judgment on the pleadings as to the Complaint's first and second causes of action. Because the parties have devoted most of their briefing to the questions raised by dismissal of the first and second causes of action, we address that matter first."' A. STANDARD OF REVIEW Both a general demurrer and a motion for judgment on the pleadings are intended to test the sufficiency of a complaint. (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.AppAth 986, 989 (Pang).) In reviewing the superior court's ruling on either a demurrer or a motion for judgment on the pleadings, we are required to assume the truth of all properly pleaded factual allegations. (Gerawan Farming, Inc. v. Lyons (2000) 24 CalAth 468, 515-516 (Gerawan Farming); Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Pang, supra, at p. 989.) This includes facts contained in exhibits to the complaint. (Satten v. Webb (2002) 99 Cal.AppAth 365, 375.) The scope of our review as to both orders is the same, and we review them de novo. (Gerawan Farming, supra, 24 CalAth at p. 515; Pang, supra, 79 Cal.AppAth at p. 989.) Judge Antolini's decision to sustain the City's demurrer presents a pure question of law subject to independent or de novo review. (Noguera v. North Monterey County Unified Sch. Dist. (1980) 106 Cal.App.3d 64, 66.) Judge Boyd's 3 ruling on the City's motion for judgment on the pleadings presents a mixed question of law and fact that is predominantly legal in nature; it is therefore also subject to de novo review. (Gerawan Farming, supra, at p. 515.) With these standards in mind, we turn to the merits of the case before us. B. THE SUPERIOR COURT PROPERLY GRANTED THE CITY'S MOTION FOR JUDGMENT ON THE PLEADINGS. 108 Holdings asserts that the Settlement Agreement and Stipulated Judgment amended the City's General Plan by private contract and that this amounts to an unlawful surrender of the City's police power. 108 Holdings claims that the court below simply ignored both the facts and law upon which these claims were based. We disagree because we conclude that the City's acceptance of the Stipulated Judgment does not constitute an improper surrender of its police power. We also reject 108 Holdings's argument that the City's agreement to interpret its General Plan in a particular fashion amounts to an impermissible "amendment" of the General Plan. 1. The Settlement Agreement and Stipulated Judgment are not an Unlawful Surrender of the City's Police Power. 108 Holdings's central contention is that the City surrendered its police power in entering into the Settlement Agreement and Stipulated Judgment. According to 108 Holdings, the Settlement Agreement and Stipulated Judgment constitute legislation by private contract and the City's agreement to certain provisions in these documents was thus an ultra vires act. It is true that a municipality may not contract away its legislative and governmental functions. (Morrison Homes Corp. v. City of Pleasanton (1976) 58 Cal.App.3d 724, 734 (Morrison Homes).) A long line of California cases establishes that a government may not bargain away its right to exercise its police power in the future. (E.g., Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785, 800; Delucchi v. County of Santa Cruz (1986) 179 Cal.App.3d 814, 823 (Delucchi).) The adoption and amendment of a general plan are legislative acts (Yost v. Thomas (1984) 36 Cal.3d 561, 570), and this division has held that such governmental power may not be surrendered or impaired either by ordinance or contract. (Alameda County Land Use Assn. v. City of Hayward (1995) 38 Cal.AppAth 1716, 1724 (Alameda County).) A contract that purports to do so is invalid as contrary to public policy if the contract amounts to a municipality's "surrender" or "abnegation" of its control of a municipal function. (County Mobilehome Positive Action Com., Inc. v. County of San Diego (1998) 62 Cal.AppAth 727, 736 (County Mobilehome); Morrison Homes, supra, 58 Cal.App.3d at p. 734.) As the County Mobilehome court explained, "the controlling consideration in this area appears to be whether a disputed contract amounts to a local entity's `surrender,' `abnegation,' `divestment,' 'abridging,' or 'bargaining away' of its control of a police power or municipal function." (County Mobilehome, supra, at p. 738; see also Santa Margarita Area Residents Together v. San Luis Obispo County Bd. of Supervisors (2000) 84 Cal.AppAth 221, 233.) The inquiry thus turns on whether "this crucial control element has been lost." (County Mobilehome, supra, at p. 738.) We do not believe that the Settlement Agreement and Stipulated Judgment amount to a surrender, abnegation, or bargaining away of the City's legislative power. We observe first that 108 Holdings does not assert that the City lacks the power to resolve land use litigation by means of a stipulated judgment, and case law demonstrates that this procedure has been used in the past. (See Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 468 (Pardee) [city stipulated to judgment resolving suit by developer of property].) Second, nowhere in the Stipulated Judgment does the City agree to refrain from legislating in the future on the matters that are the subject of the Stipulated Judgment. Nothing in the Stipulated Judgment suggests that the City has given up its authority to alter or amend its General Plan as future circumstances may dictate." For this reason, the cases upon which 108 Holdings relies are inapposite. For example, in County Mobilehome, the county had imposed a 15 -year moratorium on the enactment of rent control legislation with respect to mobile home park owners who entered into an accord with the county. (County Mobilehome, supra, 62 Cal.AppAth at pp. 730, 731-732.) The accord specified that its provisions were to prevail over "'any other action taken by County, including, without limitation, any policy regulation, rule or ordinance[.]"' (Id. at p. 732.) In addition, the county expressly agreed that it would not adopt any ordinance, rule, regulation, or initiative measure that would regulate the amount of rent that could be charged by mobile home park owners who signed the accord. (Id. at pp. 734-735.) The court held that 0 this amounted to an unlawful surrender of the county's police power to regulate rents with respect to those owners who had entered into the accord. (Id. at pp. 739-741.) The court noted that if the county were to enact rent control legislation in violation of the accord, then it might expose the county to damages for breach of contract. (Id. at p. 739.) As the court explained, "[t]he vice of this ordinance, as tied to the Accord, is that it chills the County's exercise of police power for a specified time, even if there are significantly changed circumstances, through such potential exposure to litigation and damages." (Id. at pp. 739-740.) Here, in contrast, the terms of the Stipulated Judgment do not limit the City's ability to alter or amend its General Plan should future events so require. Reservation of the police power is implicit in all government contracts and private parties take their rights subject to that reservation. (Professional Engineers v. Department of Transportation (1993) 13 Cal.AppAth 585, 591 (Professional Engineers); see also Delucchi, supra, 179 Cal.App.3d at p. 823 [it is presumed that parties contract in contemplation of state's inherent right to unhampered exercise of police power].) Thus, "[w]e will not read into the contract[] an abrogation of the potential future exercise of the sovereign police power." (Professional Engineers, supra, at p. 591.) Unlike the accord at issue in County Mobilehome, the Settlement Agreement and Stipulated Judgment do not restrict the City's power to legislate in the future. Nor is 108 Holdings's reliance on this division's opinion in Alameda County well-founded. In that case, the City of Hayward entered into a memorandum of understanding (MOU) with the City of Pleasanton and Alameda County concerning the use of a parcel of land, parts of which lay within all three jurisdictions. (Alameda County, supra, 38 Cal.AppAth at pp. 1719-1720.) All three parties agreed to use their best efforts to adopt into their respective general plans certain specified goals for the parcel. (Id. at p. 1720.) One provision of the MOU dictated that no further amendments to any of the parties' general plans would be effective unless parallel amendments to the other parties' general plans were also adopted. (Ibid.) We held that this provision was an unlawful surrender of each jurisdiction's power to amend its own general plan by providing other jurisdictions with an effective veto over such amendments. (Id. at pp. 1724-1725; accord, City and County of San Francisco v. Cooper (1975) 13 Cal.3d 898, 929 (Cooper) [invalidating portion of school board resolution that purported to place terms of resolution beyond reach of future board action unless certificated employee council agreed to such future action].) In contrast to the MOU at issue in Alameda County, the Settlement Agreement and Stipulated Judgment do not grant real parties in interest (or anyone else) veto power over future General Plan amendments. To the contrary, the Stipulated Judgment places no restrictions on the City's exercise of its police power in the future. There is simply no basis for concluding that, in entering into the Settlement Agreement and Stipulated Judgment, the City has sacrificed the "crucial control element" that is the hallmark of an improper surrender of police power." (County Mobilehome, supra, 62 Cal.AppAth at p. 738.) Here, the City has resolved litigation in a manner that preserves its authority to legislate in the future. We perceive no impropriety in its doing so. (Cf. Pardee, supra, 37 Cal.3d at p. 472 [stipulated judgment reserved to city power to adopt ordinances within its police power with respect to plaintiff developer, so long as ordinances were not inconsistent with stipulated judgment].) 2. The Provisions of the Stipulated Judgment are Facially Consistent with the General Plan and Cannot be Construed as Amendments. All of 108 Holdings's arguments proceed from the fundamental premise that the challenged provisions of the Stipulated Judgment constitute "amendments" to the City's General Plan. But 108 Holdings offers little guidance on how a court is to determine whether the adoption of a given policy or interpretation by a local entity rises to the level of an "amendment" of its general plan that is subject to the strictures of Government Code section 65358, which governs the amendment of general plans. For its part, the City argues that the Stipulated Judgment does no more than set forth the manner in which the City will interpret certain provisions of its General Plan. Thus, according to the City, the Stipulated Judgment cannot be said to effect an improper amendment of the General Plan. We agree with the City on this point. As 108 Holdings correctly notes, a general plan is a ""constitution' for future development' [citation] located at the top of `the hierarchy of local government law regulating land use.' [Citation]" (DeVita v. County of Napa (1995) 9 CalAth 763, 773 (De Vita).) By statute, the general plan consists of "a statement of development policies" and includes diagrams and text "setting forth objectives, principles, standards, and plan proposals." (Gov. Code, § 65302, italics added.) As the California Supreme Court has noted, "[t]he amendment of a general plan ... is an act of formulating basic land use policy[.]" 5 (DeVita, supra, at p. 781, italics added.) The Fourth District has characterized a general plan as "embody[ing] fundamental land use decisions that guide the future growth and development of cities and counties." (City of Santa Ana v. City of Garden Grove (1979) 100 Cal.App.3d 521, 532, italics added (City of Santa Ana).) Amendments to the general plan "`have a potential for resulting in ultimate physical changes in the environment."' (DeVita, supra, at p. 794, quoting City of Santa Ana, supra, at p. 532.) All of this suggests that a general plan amendment is a change in a locality's most basic and fundamental land use policies. If the City agrees to take action that does no more than carry out policies already established in the City's General Plan, it would seem that such action would not constitute a general plan amendment. (Cf. Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 541 [initiative measure that imposed building moratorium based upon specified traffic volume to capacity ratio at designated intersections not a general plan amendment because measure "resembles a zoning ordinance, not simply a statement of policy to govern future regulations"].) Save for the amendment of the City's sphere of influence, the provisions of the Stipulated Judgment of which 108 Holdings complains do not, it seems to us, rise to the level of general plan amendments. We will examine each of these in turn. a. The amendment of the City's sphere of influence The issue to which the parties devote most of their attention in this appeal is the City's agreement to seek amendment of its sphere of influence from LAFCO. It is clear that amending the sphere of influence constitutes an amendment of the General Plan, but 108 Holdings acknowledges in its Complaint and in its brief that the City ostensibly followed the required procedures for seeking this amendment." The City planning commission held a public meeting at which it adopted a resolution recommending that the city council approve a General Plan amendment removing the Property from the City's sphere of influence. The city council then held a public hearing to consider the proposed amendment, after which the city council adopted the amendment. Nevertheless, 108 Holdings asserts that "[i]t does not matter that the act of passing the resolution to implement the changes specified in the Settlement Agreement is, at least superficially, the same action required to pass any other municipal resolution. The resolution is still fatally tainted because its contents were dictated entirely by the terms of a private contractual agreement which abrogated the City's police powers." We do not agree with this line of reasoning. The California Supreme Court rejected a similar argument in Cooper. In that case, a taxpayer challenged measures adopted by the San Francisco Board of Supervisors and the San Francisco School Board that were designed to settle a strike by schoolteachers. (Cooper, supra, 13 Cal.3d at p. 904.) The taxpayer asserted that the schoolteachers' strike was illegal, and thus any action taken under the coercion of the allegedly illegal strike was void as the product of illegal influences. (Id. at p. 913.) Our Supreme Court disagreed, holding that "the validity of legislative acts must be measured by the terms of the legislation itself, and not by the motives of, or influences upon, the legislators who enacted the measure." (Ibid.) The court explained that the separation of powers doctrine prohibits the judiciary from invalidating duly enacted legislation in the absence of some overriding constitutional, statutory, or charter proscription. (Id. at p. 915.) The judiciary simply has no power to void legislation "if it finds that the measure `resulted from' certain illegal conduct[.]" (Id. at p. 916.) Here, as in Cooper, we are asked to invalidate a legislative act that does not appear to violate any overriding constitutional, statutory, or charter proscription. (Cooper, supra, 13 Cal.3d at p. 915.) As we have explained previously, the Settlement Agreement and Stipulated Judgment do not amount to a surrender of the City's police powers because the City has not bargained away its power to enact legislation or to regulate in the future. 108 Holdings concedes that the appropriate public process was followed, and in such a case the City's action is reviewable only by the electorate, not the courts. (Id. at pp. 905, 918.) The trial court properly granted the City' motion for judgment on the pleadings on this issue. no b. The remaining provisions of the Stipulated Judgment 108 Holdings objects to various provisions in the Stipulated Judgment, contending that they amount to de facto amendments of the City's General Plan."' From this, 108 Holdings argues that the acceptance of these provisions constituted legislation by private contract. As we explain below, most of the provisions to which 108 Holdings objects appear to be little more than restatements of policies that are already part of the General Plan. Groundwater Supply and Conservation Issues: Paragraphs I.A., I.C., I. F., 1. G., and I. K. A number of the terms in the Stipulated Judgment involve issues of groundwater supply and water conservation. 108 Holdings objects to Paragraph I.A. because it requires the City to include as a condition on any tentative map or equivalent permit for a project located outside of the City's 1999 boundaries an identification of the water supply that is projected to serve that project. In addition, 108 Holdings challenges this paragraph because it states that the water supply for the City may not include groundwater pumped from a well located in Penngrove, which is defined as the area encompassed by zip code 94951. 108 Holdings does not explain how this is inconsistent with the General Plan, and it appears that Policy PF -11 B of the General Plan already requires the City to disapprove development outside the City's limits if the development requires water production that will exceed appropriate recharge rates. Penngrove lies outside the City, and 108 Holdings has identified nothing in the City's General Plan that would previously have permitted the City to include groundwater from wells located in Penngrove in the City's water supply. 108 Holdings has not identified any inconsistency between the General Plan and the remaining water supply and conservation provisions of the Stipulated Judgment. Paragraph I.C. of the Stipulated Judgment requires the City to add four additional wells to its groundwater well monitoring program, but a monthly groundwater monitoring program is already established under the General Plan's water supply and conservation policies. (General Plan Policy, PF -11A.) 108 Holdings also challenges the portion of this provision that allows SCRPC to reject the additional wells called for in the Stipulated Judgment and to propose other existing wells from which groundwater data should be gathered, arguing that such an arrangement constitutes legislation. But Paragraph I.C. of the Stipulated Judgment provides that if SCRPC objects to any of the additional monitoring wells, then the City and SCRPC will select an independent hydrologist who will determine which wells are most likely to provide accurate information. Thus, the City has not ceded complete control of the process of selecting monitoring wells. Paragraph I.F. of the Stipulated Judgment, to which 108 Holdings also objects, states that "[t]he City shall require any applicant for development to implement applicable onsite conservation programs that are recommended by the [Sonoma County Water Agency] in its best management practices for water conservation." But the conservation provisions of the General Plan already provide that the City will "[r]equire non-residential uses to implement water conservation practices as a condition of development," and they specifically refer to SCWA's water conservation practices. Likewise, Paragraph I.K. of the Stipulated Judgment commits the City to replacing its "current flat fee structure with a fee structure that is based upon consumption and that penalizes excessive use so as to reduce water consumption within the City." Here again, Policy PF -25 of the City's General Plan appears to commit the City already to adopt a rate schedule that "increases as the quantity of water used increases ... or provides seasonal rates or excess -use surcharges[.]"111 We do not see how these provisions of the Stipulated Judgment, which seem at least facially consistent with the terms of the General Plan, can be considered legislation or amendments to the General Plan. 11 Community Design Element: Paragraph 111 The Complaint alleges that the Stipulated Judgment unlawfully purports to amend Goal CD -G of the General Plan." Paragraph III of the Stipulated Judgment refers to this goal, but all that it requires of the City is that the City listen to and consider concerns expressed by members of the Penngrove community during the public hearing process and to consider in good faith any such concerns. The City is also obligated to provide two weeks' notice of the City's hearing of applications to develop land adjacent to Penngrove, if Penngrove residents request such notification, and to consider their comments in good faith. We cannot see how this paragraph amends Goal CD -G, as it commits the City to do nothing more than to consider the views of Penngrove residents on development projects that might affect their community. We presume that the City would do this in any event. This provision simply cannot be construed as an amendment of the City's General Plan. Traffic: Paragraph IV The Complaint alleges that the Stipulated Judgment imposes "unlawful conditions on future development[.]" One of the allegedly unlawful conditions is contained in Paragraph IV of the Stipulated Judgment. The relevant portion of that paragraph reads: "When planning for and approving development within the City's amended Sphere of Influence, the City will incorporate, to the extent feasible, measure to reduce vehicle miles traveled per capita from residential to commercial uses within the development. Such measures may include carpooling incentives, high-speed commuter access, bicycle -and pedestrian - friendly project design, project access, and contribution to regional solutions." (Italics added.) We observe first that this provision appears to leave the City wide discretion in choosing what traffic mitigation measures it may adopt. The City is only required to incorporate these measures to the extent they are feasible, and the provision states only what measures the City may include, not what it must include. Second, Paragraph IV of the Stipulated Judgment seems entirely consistent with Policies TR -21A and TR -21 B of the General Plan. Those policies already commit the City to working with other jurisdictions to mitigate the impacts of increased traffic congestion. The City's agreement to incorporate, if feasible, any of a number of traffic mitigation measures when planning for and approving development can hardly be termed an amendment of its General Plan. Inclusion in the General Plan: Paragraphs 1, ll, 111, VI, and VII 108 Holdings makes much of the language in the Stipulated Judgment that states that the interpretations and applications contained in the Stipulated Judgment "shall be treated as part of the General Plan" and requiring that the City include a copy of the Stipulated Judgment in any and every published edition of its General Plan. It also draws our attention to the language in the Settlement Agreement stating that "[t]he Parties acknowledge and agree that the [Stipulated Judgment] attached as Exhibit A contains provisions that will affect the City's interpretation and implementation of its General Plan when the City approves development projects and when the City evaluates those projects under CEQA and for General Plan consistency." 108 Holdings offers this language as evidence that the provisions of the Settlement Agreement and Stipulated Judgment constitute improper amendments to the General Plan. But as we have shown, these "interpretations" and "applications" appear consistent with the goals set forth in the General Plan itself. That the City has agreed to include them as an appendix to its General Plan does not demonstrate that they are amendments or that they constitute "legislation."' A number of titles of the United States Code contain appended material, the source of which is often another branch of government, but the fact that the material appears in an appendix to the code does not transform it into congressional legislation. (See, e.g., 5 U.S.C. Appen. [reorganization plans prepared by executive branch]; 28 U.S.C. Appen. [rules of procedure for the federal courts adopted by the Supreme Court].) 108 Holdings appears to take the position that the City may never interpret or apply its General Plan without subjecting itself to the procedures required by Government Code section 65358. But the courts have recognized that "[g]eneral plans or policy statements are often semantical exercises which require considerable interpretation on the part of persons charged with implementing them." (Bownds v. City of Glendale (1980) 113 Cal.App.3d 875, 883.) Were we to agree with 108 Holdings, the City would be obliged to treat virtually any interpretation of its General Plan as an amendment thereto. 108 Holdings simply offers no authority for requiring such an approach. C. THE SUPERIOR COURT PROPERLY SUSTAINED THE CITY'S DEMURRER TO THE COMPLAINT'S THIRD CAUSE OF ACTION FOR WRIT OF MANDATE. 108 Holdings's request for a writ of mandate was based on the City's October 22, 2002, decision to approve an amendment to the General Plan removing the Property from the City's sphere of influence. The claim was that the City had failed to carry out its ministerial duty to follow the statutory provisions governing amendments to general plans. We agree with the City that the lower court properly sustained the demurrer. As Judge Antolini pointed out, the Complaint alleges that the October 22, 2002, amendment was made only after "a public hearing of the Planning Commission at which the Planning Commission recommended the changes and a subsequent public hearing of the City Council at which the City Council adopted the changes at issue." Under Code of Civil Procedure section 1085, the court's scope of review was limited to determining whether, as 108 Holdings alleged, the City had "failed to follow the procedure and give the notices required by law." (Kar/son v. City of Camarillo (1980) 100 Cal.App.3d 789, 798.) Because the Complaint did not allege any defect in the proceedings that led to the adoption of the October 22, 2002, amendment, the City's demurrer was properly sustained. (See Dale, supra, 55 Cal.App.3d at p. 108 [court properly sustained demurrer to complaint for declaratory relief arising out of general plan amendment where complaint alleged no defect in the proceedings leading to adoption of amendment to general plan].) CONCURRING JONES, P.J. GEMELLO, J. FOOTNOTES 108 Holdings does not appeal from the dismissal of its fourth and fifth causes of action. The Complaint also alleged that the settlement of the SCRPC action violated "the federal and state constitutional equal protection and due process clauses" and that one of the Settlement Agreement's provisions was unconstitutionally vague. 108 Holdings does not assert these claims in this appeal. "' In its statement of issues and in its discussion of the standard of review, 108 Holdings alludes to the trial court's refusal to grant it leave to amend the Complaint. But its brief contains no argument on or discussion of this point, and we therefore treat it as abandoned. (Berger v. Godden (1985) 163 Cal.App.3d 1113, 1120 [where appellant's brief stated only that dismissal of cross-complaint was "contrary to law," court could deem appeal abandoned]; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 710-711 [issue raised in party's statement of issues on appeal but not supported by any argument or citation of authority treated as abandoned], overruled on another ground in Wilson v. Garcia (1985) 471 U.S. 261, 275; see Cal. Rules of Court, rule 14(a)(1)(B) ["Each brief must ... state each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority" (italics added)].) 'v Indeed, it appears that a provision in the draft settlement agreement that would have restricted the City's power to amend its General Plan to include any land south of Valley House Drive within the City's sphere of influence was deleted from the final version approved by the court. The record contains what appears to be a draft of the Stipulated Judgment resolving the SCRPC action. The draft states that "[t]he General Plan shall permanently prohibit the filing of an application to amend the City's sphere of influence or the taking of any other action to include any land south of Valley House Drive ... within its sphere of influence. The City shall not amend the General Plan to alter this prohibition." This language does not appear in the Stipulated Judgment. Thus, in the final version of the agreement approved by the court, the City was careful to preserve its power to legislate. Although the case law is clear that this element of control is not lost unless a contract amounts to a surrender or abnegation of a municipality's police power, 108 Holdings would have us ignore well - x established California law and adopt a far more restrictive view of the reserved powers doctrine. Indeed, at oral argument, counsel for 108 Holdings went so far as to contend that the City would unlawfully surrender its police power if it were to enter into an agreement with a third party in which the City promised merely to consider the best interests of the citizens of Rohnert Park in all it did. We find no support in the case law for placing such narrow limitations on a municipality's power to contract. V1 Because the adoption or amendment of a general plan is a legislative act, "'the wisdom of the plan is within the legislative and not the judicial sphere[.]"' (Dale v. City of Mountain View (1976) 55 Cal.App.3d 101, 108 (Dale), quoting Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110, 118.) As a consequence, "`a landowner may not maintain an action in declaratory relief to probe the merits of the plan absent allegation of a defect in the proceedings leading to its enactment."' (Dale, supra, at p. 108, italics omitted.) As Dale makes clear, 108 Holdings's action for declaratory relief is not a means to challenge the wisdom of the City's decision to amend its sphere of influence. Declaratory relief is available only if 108 Holdings alleges a defect in the proceedings leading to the enactment of the amendment of the City's sphere of influence. v" The objectionable provisions of the Stipulated Judgment were not specifically identified in the Complaint, but in its briefs in this court, 108 Holdings makes arguments regarding Paragraphs I.A., I.C., I.F., I.G., I.K., II., III., IV., and VI. viii 108 Holdings also challenges Paragraph I.G. of the Stipulated Judgment, in which the City agreed that, consistent with the EIR, it will not approve any discretionary project outside of the City's 1999 boundaries the net consumptive water use of which would contribute to the City exceeding a specified annual groundwater pumping rate from municipal and private wells. 108 Holdings does not specify the basis of its objection to this provision, other than to argue that it constitutes legislation. It appears that the challenge to this provision may depend upon its consistency with the EIR, but the EIR is not part of the record before us. In the absence of an adequate record, this challenge must fail. (See, e.g., Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 [if record does not permit meaningful appellate review, the decision of the trial court should be affirmed].) 'X Goal CD -G of the General Plan provides: "Encourage development of diverse and distinctive neighborhoods that build on the patterns of the natural landscape and are responsive in their location and context. [¶] This General Plan encourages development of neighborhoods to be responsive to their location and context, rather than being based on a uniform design formula." We note that although the Settlement Agreement and Stipulated Judgment are included as an appendix to the General Plan, only the City's amendment of its sphere of influence appears in the General Plan's "log of amendments." 10 CITY COUNCIL SPEAKER CARD Date: t Agenda Item n: Name: Tom+N`t iSL N VC fag Address:' Phone. Topic: Brief Summary of Comments: } A V LL - See Reverse CITY COUNCIL SPEAKER CARR Date: Agenda Item H: Address: Phone: -- Topic:_ See Reverse CITY COUNCIL SPEAKER CARD Date: r Agenda Item H: Name` _, Address: Rhone: Brief Summary of Comments: See Reverse JWiOF THE BOARD OF SUPERVISORS OF THE COUNTY of SONOMA, STATE of CALIFORNIA HONORING AND COMMENDING RICK SAVEL FOR HIS SERVICE TO THE COUNTY OF SONOMA WHEREAS, Rick Savel was appointed to the Zone 2A Flood Advisory Committee on September 26, 2000 and was Chairman from November 26, 2001 until February 7, 2008; in this role he was attentive to good financial stewardship of available Zone 2A funds; and WHE REAS, Rick provided value coorduiation, review and input on flood control related matters involving updates to the City of Petaluma General Plan and County General Plan; he also raised awareness of unauthorized grading and fill practices affecting flood control issues; and WHEREAS, Rick advocated to ensure that properties in the unincorporated areas of Zone 2A received fair/equal benefit from flood control projects. Several flood control related projects in the upper reaches of the watershed were implemented/approved during Rick's tenure. He also advocated for a zero -net -fill policy for the unincorporated County areas within Zone 2A to reduce flooding impacts; and WHEREAS, Rick was an active member and representative of the 2°`' District on the General Plan Update Citizens' Advisory Committee from its inception in 2001 until its work was completed in 2006. As part of that effort, Rick was one of the three committee members working on the Circulation and Transit Subcommittee, with particular emphasis on addressing traffic congestion in the Penngrove Community. This effort was verysuccessful in finding a balance between the county's future transportation needs and the desires of the local residents and businesses. Rick was also keenly interested in air transportation, flooding, groundwater, and water and sewer service issues. NOW, THEREFORE, BE IT RESOLVED that the Sonoma County Board of Supervisors do hereby acknowledge and congratulate Rick Savel on his achievements, his dedication, and recognize lura for the highly exception asset he has been to the Zone 2A Committee, the Citizens Advisory Committee, and the County of Sonoma. SUPERVISOR VALE ` E3Rt}WN PERVISOR TIM SMI 111 S[JP r3VISOIt PAI,(d L. KI.1-1.1-Y j✓�1f� �,1' SUPERVLSOR MIKE It ux i OF THE BOARD OF SUPERVISORS OF THE COUNTY of SONOMA, STATE of CALIFORNIA RECOGNIZING RICK SAVEL OF THE CITIZEN'S ADVISORY COMMITTEE FOR HIS WORK ON THE SONOMA COUNTY GENERAL PLAN UPDATE WHEREAS, the Government Code of the State of California requires the County to adopt a comprehensive general plan to guide its future physical development; and WHEREAS, the broad purpose of the Sonoma County 2020 General Plan (GP 2020) is to express polices which will guide decisions on future growth, development, and conservation of resources through 2020 in a manner consistent with the goals and quality of life desired by the county's residents; and WHEREAS, pursuant to the Government Code, the Sonoma County Board of Supervisors (Board) formally initiated and approved a draft work plan for the GP2020 on March 13, 2001 to update the 1989 General Plan; and WHEREAS, on June 19, 2001, to facilitate public discourse and deliberations focused on reviewing 4 and establishing policies, the Board formally appointed 15 members of the public and one alternate member to serve and represent their community as a member of a Citizen's Advisory Committee (CAC); and WHEREAS, the GAC was charged with holding public meetings on the GP2020, consider public comments and staff recommendations, and then formulate draft policy language, for the consideration of the Sonoma County Planning Commission and Board; and WHEREAS, the CAC members have demonstrated an extraordinary commitment to the County by volunteering their time, energy, and wisdom to carry out the CAC duties while maintaining the highest standards and commitment to objective evaluation and listening and considering hours of public testimony on issues with multiple layers of complexity and controversy; and WHEREAS, CAC members volunteered many hours of their own time reviewing information outside of meetings, and sacrificed their own personal and family time to carry out this public service without monetary compensation; and WHEREAS, the CAC's final meeting on February 16, 2006 culminated a five-year process of working on the GP 2020 which included over 200 meetings, 1,000 hearing hours, and countless hours of preparation and study. NOW, THEREFORE,IT RESOLVED that the Ip i.a County Board of Supervisors wishes to thank Rick Savel representing eei td' istrlc,, for hi�.cxcepti�hal ervice to the people of Sonoma County. (� o� Le {_TERVISO t VAI-tRiMBROWN SttPt RwtS0R M1KRVT VISOR i/ SMITH I !n f , ii/ 1Ty COUNCIL SPEAKER CARD M-, J hate: 2- Agenda Item #; Name: If : )"�� - Address: Phone; Topic: Brief Summary of Comments: See Reverse Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 8 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 July 26, 2016 Development Services Mary Grace Pawson, Director of Development Services Vanessa Marin, Senior Engineering Technician Informational Update Regarding Railroad Quiet Zones in the City of Rohnert Park RECOMMENDED ACTION: Receive information update on railroad quiet zones. BACKGROUND: The operation of freight and passenger railroads is governed by the Federal Railroad Administration (FRA). The goal of the federal rules is maximize the safety at which railroads operate. Under normal federal operating rules, all trains, whether passenger or freight trains, must begin to sound train horns at least 15 seconds, and no more than 20 seconds, in advance of all public grade crossings (Places where the railroad tracks cross a public roadway). They must also blow their horns entering and leaving the station. Federal operating rules also require trains moving more than 60 miles per hour to be within I/4 mile of the crossing prior to sounding its horn. The horn blowing pattern is two long, one short, and one long whistle blast until the train reaches the crossing. The federal railroad rules have provisions for modifying this operating requirements and establishing "quiet zones" which are defined as a section of a rail line at least one-half mile in length that contains one or more rail grade crossings at which locomotive horns are not routinely sounded when trains are approaching the crossings. For the Council's reference, Attachment 1 illustrates the rail corridor from Railroad Avenue north through Golf Course Drive and the location of all stations and grade crossings. There are five crossings locations where the impacts of railroad crossings (including bells at the gate crossings and the sounding of train horns) could impact current or future City residents including: • Railroad Avenue (located in Sonoma County) • East Cotati Avenue (located in the City of Cotati) • Southwest Boulevard • Rohnert Park Expressway • Golf Course Drive The establishment of quiet zones is governed by Federal Law, which is currently codified at Title 49, Code of Federal Regulations, Part 222 (Quiet Zone Regulations). A local agency may declare it's intent to establish a quiet zone at any time and there is no requirement to declare the intent prior to the initiation of the Sonoma Marin Area Rail Transit (SMART) service. Establishing a quiet zone typically requires the installation of "supplemental safety measures" at each grade crossing to provide protection to the public in the absence of the auditory warnings from the train horns. Currently there are no quiet zones along the SMART corridor but the cities of San Rafael and Novato have declared intent to establish quiet zones. 1 ITEM NO. 8 Establishment of a quiet zone or multiple quiet zones will not eliminate all noise associated with trains. The quiet zone rule does not apply to the bells associated with the crossing gates at grade crossings, which must sound without exception. In a quiet zone, the train will always sound its horn, at least once, when leaving the station. Also, even with a quiet zone designation, train engineers are legally obligated to blow the horn for: • Trespassers on the tracks (people or animals) • Anyone wearing an orange vest • Any other reason or event that, in the engineer's sole judgment, presents a safety risk In addition, SMART staff has indicated that they will not observe quiet zones, even if they are established, until regular passenger service begins near the end of 2016. In order to establish a quiet zone, the following process is required: • Crossings to be included in the quiet zone must be identified; • A "diagnostic review" of the crossings must be conducted with the Public Utilities Commission and other stakeholders to identify what supplemental safety measures will be required to be implemented; • The local agency must provide a Notice of Intent to all of the railroads that operate over crossing in the proposed quiet zone and state agencies responsible for pedestrian and highway safety; • The local agency must submit a supplemental safety measure application to the FRA; • Upon review and comment by the FRA, the local agency must complete installation of the supplemental safety measures required by the FRA; and • The local agency must submit a Notice of Quiet Zone Establishment to the California Public Utilities Commission, all railroads operating over the crossings within the quiet zone, and the Federal Railroad Administration. Supplemental safety measures can take a variety of forms, from the complex installation of additional median barriers to simply installing additional signage. During the development of SMART's program, SMART agreed to install the "hard" infrastructure such as median barriers in order to accommodate quiet zone designations. At this point, staff understands that the remaining supplemental safety measures required would largely involve signage. SMART will also require an agreement with the local agency that establishes a quiet zone to outline responsibilities and liability associated with the quiet zone. Currently, the City of San Rafael and SMART are drafting an agreement for the quiet zone proposed in San Rafael, but it has not been finalized and the language has not become public. The agreement may shift liability and maintenance from SMART to the City, and may include an indemnification clause in SMART's favor. The maintenance may include striping and median maintenance inside the SMART's right-of-way and require an encroachment permit for the maintenance work. This agreement is most likely going to be the template used between SMART and all other agencies. Finally, because of the proximity of Rohnert Park, Cotati, and Sonoma County, SMART has indicated that the two cities and the County would need a consistent approach to quiet zone requests for these to be effective. 2 ITEM NO. 8 ANALYSIS: In considering the designation of a quiet zone, the City needs to balance the potential to mitigate noise impacts with the impacts to public safety, the increased exposure to liability and the increased cost of maintaining the supplemental safety measures. There is no question that quiet zone designations will have a potentially negative impact on public safety because normal safety measures will not be used in designating quiet zones. As outlined above, should it designate quiet zones, the City may also be agreeing to certain indemnification and maintenance clauses as part of the quiet zone establishment. Because SMART has installed the significant structurally based supplemental safety measures with its project, the City's capital costs associated with quiet zone designations would likely be limited to signage. There is also no question that the train operation will add new noise sources to the City. Staff has confirmed with SMART that once operational service begins, the first train will leave the Airport Operation Facility between 4:30 and 5:00 am and the last train will leave San Rafael at approximately 9:00 pm. The City should, therefore, expect train operation and its attendant noise between approximately 5:30 am and 10:00 pm. There is some question as to whether or not quiet zone designation(s) will minimize potential noise in a meaningful way. As noted above, some of the noise, including crossing gate bells and a single horn blast at the station will occur regardless of quiet zone designation. Because of the location of both the Rohnert Park and Cotati stations, quiet zone designations could only be expected to truly minimize noise at the Golf Course Drive and Railroad Avenue crossings. The other crossings are basically within '/2 -mile of the two stations where train horns would sound regardless of quiet zone designation. Also, because of the location of the Multi -Use Path (MUP) and its crossings, it is quite possible that engineers will be employing horns, even in a quiet zone designation, to warn MUP users of the approaching train. (As noted above, train engineers' may use the horn to warn motorists/cyclists/pedestrians/animals who are in the right-of-way and the majority of MUP is in SMART's right-of-way within the City limits). Finally, SMART staff has indicated that they will not honor quiet zones, even if they are established, until they begin regularly scheduled operational service in late 2016. Because there is no hard time requirement to provide Notice of Intent to establish a quiet zone and because the risks are clear while the benefits are less clear, staff is not recommending that the City Council take action with respect to quiet zones at this time. The Council will not lose any future rights by deferring action and will, in fact, be able to benefit from increased safety and increased experience with SMART's operation. For example, if train horns are routinely sounded because of conflicts with users of the MUP (which would not change even with a quiet zone designation), the Council will be able to take this experience into consideration. The Council will also preserve the ability to fully evaluate the liability associated with quiet zones because the agreement between SMART and the City of San Rafael will become public and available for review. Finally, because SMART will not modify its operating procedures to respect quiet zones until operational service begins, there will be no immediate change in the way train horns are used. Staff recognizes that SMART's full operation will result in changes for our City. In response to this, the engineering division is undertaking the following actions to prepare for full operation, enhance cooperation with neighboring jurisdictions and preserve the Council's full range of options. 3 ITEM NO. 8 1. Staff has scheduled a diagnostic review of the Rohnert Park impacted crossings with the Public Utilities Commission. This will allow staff to fully understand the existing safety measures, the need for any new measures and any new maintenance responsibilities that the City for which the City should begin planning. While the diagnostic review is the first step in securing a quiet zone designation, staff also believes that it provides an excellent opportunity to better understand how to maximize the City's ability to safely accommodate train service within our jurisdiction. 2. Staff is tracking the progress on the agreement between SMART and the City of San Rafael in order to fully evaluate the liability and risk that is being transferred from SMART to the City of San Rafael. 3. Staff is engaging staff from the City of Cotati and Sonoma County in order to coordinate on issues like public information and messaging and ongoing maintenance activities. STRATEGIC PLAN ALIGNMENT: Not applicable at this time. This item is informational. OPTIONS CONSIDERED: None at this time. This item is informational. FISCAL IMPACT/FUNDING SOURCE: None at this time. This item is informational. Department Head Approval Date: 07-08-2016 Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 07-20-2016 Attachments (list in packet assembly order): 1. Map of Rail Stations and Grade Crossings 2 Document: T:\Projects\2016\SMART\S MART_crossings2.mzd Quiet Zones City of Rohnert Park July 26, 2016 fig oiiNERT P4 `LALIFORN1� 62 Federal Horn Blowing Rules Trains are required to: o Begin horn blowing 15-20 seconds prior to reaching crossing Up to '/4 mile Continuously blow horn until train reaches crossing 2 long- I short- I long whistle blasts- repeated What is a quiet zone? Section of rail line at least /2 mile long where horns are not routinely sounded Two types of quiet zones 24 hour quiet zone Partial quiet zone: 10 pm to 7 am QUIET 7ZO4� DO[S NOT SOUS HORN Horn Blowing Still Required For... Trespassers on tracks Anyone resembling a construction worker Any other potential safety concern Quiet Zone Exempt Noises Crossing bells at every intersection Arriving and leaving the station �I wo 4 :; RR Crossings that affect Rohnert Park Quiet Zone Establishment Process 5 step process City can apply at any time SMART will not observe quiet zones until regular passenger service begins Step I : Crossing Diagnostic Review t�� Conducted with CPUC, FRA, SMART, other stakeholders NO TRAIN HORN f 10 PM IT07AM Identifies required supplemental safety measures for quiet zone Std. Notice of Intent City must provide notice to stakeholders o All railroads operating in area c) FRA i r- CPUC Stakeholders can provide comments to NOI Step 3: Supplemental safety measure application City submits application FRA reviews and comments on supplemental safety measure plan • Plan based on diagnostic review 4 Step 4: Install supplemental safety measures Once comments from FRA are received, City installs safety measures Step 5: Establishment City submits a Notice of Quiet Zone Establishment to stakeholders I RR wo (RAIN HGA11 ra PM 'AM $ i . Quiet zone established Additional Information . SMART will g require an agreement q Potentially will have language for: Liability Maintenance Indemnification City of San Rafael agreement in works Staff recommendation To not take action to pursue a quiet zone at this time No deadline to establish a quiet zone Risks are clear, benefits not clear Agreement with SMART not clear Staff Actions Staff scheduled diagnostic August 15tH review (Step I ) Tracking progress of San Rafael agreement Engaging with other agencies City of Cotati Sonoma County Questions? Saldanha, Caitlin From: Sent: Tuesday, July 26, 2016 3:01 PM To: Saldanha, Caitlin Subject: Letter for council members Thank you Ms. Saldanha! Council Members, can't make the meeting tonight but I wanted my concerns known. The noise from the Smart Train's horn and the bells is horrible! I am at 774 Brett Ave Rohnert Park. I am the first or second house in Rohnert Park if you are traveling to Rohnert Park from Cotati. There are many people who live along the tracks. They don't deserve to have their lives ruined by that noise. I don't deserve it! Those people work different shifts, have sleeping babies, or are sick or dying and that noise impacts their quality, my quality of life. This doesn't even touch on the lack of privacy that we will have. I have live here for 30 years and now near retirement I will lose the peacefulness that I want and earned. Maybe Rohnert Park is now longer the "Friendly City". Below is a copy of the e-mail I sent to Matt Stevens of Smart Train (he never replied). I did forward it to Vanessa Marin who works for the city and she did respond and give me the information about the meeting tonight and I thank her. Thank you, Carol De Bois From: To: mstevens@sonomamarintrain.org Sent: Friday, July 8, 2016 3:49:55 PM Subject: complaint Matt Stevens, I have been meaning to write this for a long time and as the train just went by I thought ... now. I hate the train. It is right behind our house. The freight train was fine. It went by about twice a day and that was it. The "Smart Train" will go by I don't know how many times. My privacy will be gone and so will 1 any peace and quiet. Now it scares my grandson and wakes him up in the morning and at nap time. We have put up with noise, construction, and dust. If there was one thing that might help would be the horn and bells. The train isn't quiet. The bells (dinging) at the cross bars and especially the horn which is annoying and loud. The horn doesn't go off once, it goes off anywhere from two to seven times. We hear it because we are near the station on East Cotati and it is so loud I can hear it at Southwest too. At one of the meetings, Smart train representatives and city representatives, said if we had any concerns let them know. Please try to do something to at least shut the horns off. If the train starts starts at 5:30 a.m. for commuting and again at for the evening commute it will have a huge impact on the quality of the lives of the people living along the train tracks. My only other alternatives are to move or to wish that the train is enormously unsuccessful and fails! Thank you, Carol De Bois P.S. I did not mail this at first, I waited about a week. Since then it has woken up my grandson in the mornings and my granddaughters were here and it woke them up. While they were talking one of them was saying how loud it was and the other said "isn't that rude?", it can wake up a whole neighborhood. They are six and eight years old. Out of the mouths of babes.... z Date: V-4 Name: CITY COUNCIL SPEAKER CARD Agenda Item #: Address- Phone: CITY COUNCIL SPEAKER CARD Date: j� "` '�' . Agenda Item #: Name' b J L Address: — Topic: ../ 'r —Z- ur,4 e iL Brief Summary of Comments: .See Reverse �L,JJN r pAR,V .� Mission Statement �� sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." �AtlF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager ITEM NO. 9 Agenda Title: Discussion and Direction on Potential Amendments to Sonoma Clean Power Authority Joint Powers Agreement RECOMMENDED ACTION: Discuss and provide direction on potential amendments to Sonoma Clean Power Authority Joint Powers Agreement (JPA) and related issues. BACKGROUND: The Sonoma Clean Power Authority (SCP) was established in 2012 with a Joint Powers Agreement among some jurisdictions in Sonoma County. The City Council decided in November, 2014 to join Sonoma Clean Power, which began providing electricity in Rohnert Park in the Spring of 2015. Approximately 11% of residents have chosen to opt out of Sonoma Clean Power and continue to purchase their energy from PG&E. After initial operating experience, there is a need to consider some changes to the Joint Powers Agreement, and related issues. The Chief Executive Officer of Sonoma Clean Power, Geof Syphers, will make a presentation to the City Council on these changes. The JPA requires a 2/3 vote of its Board to approve changes, although there is a weighted voting provision which allows larger jurisdictions to block changes if they have the support of at least one other jurisdiction. JPA amendments do not require City Council approval. However, consistent with Rohnert Park's practices, we are bringing this topic to the Council for your consideration before voting on potential changes. Sonoma Clean Power has three primary goals: 1. To provide cleaner electricity with reduced greenhouse gas emissions 2. To offer competitive rates 3. To support the local economy, which has thus far been defined in the JPA as supporting local jobs. The JPA always recognized that there would be tension among these goals, which the SCP Board of Directors would need to resolve on an ongoing basis. For example, SCP is purchasing clean solar energy from a new source in California's Central Valley at rates 50% below the cost of local solar production. Thus, SCP is providing clean energy at competitive rates. It is supporting the local economy with low rates, but is not supporting local jobs with this purchase. ITEM NO. 9 Thus far, Sonoma Clean Power has done well in balancing these goals. By 2020, it expects that 85% of its electricity will be from sources that do not emit greenhouse gases, that its rates will be competitive and quite possibly continue to be below PG&E, and that 20% of its energy will come from Sonoma County or our immediate neighbors. Sonoma Clean Power saved ratepayers in Sonoma County over $50 million in its first two years of operations while generating about 48% fewer greenhouse gases. At the same time, Sonoma Clean Power's progress has partly been a matter of good fortune. It was intentionally formed and entered the market when prices have been very low, while PG&E has a mix of sources including some bought at higher prices. Most of the issues under consideration in the JPA are about balancing SCP's goals within the goals and structure of the JPA. ANALYSIS: The JPA changes under consideration cover several topics, including: 1. Clarifying the purposes of Sonoma Clean Power, 2. Changing its two advisory committees, and 3. Restricting members' in their choice of representatives on the Board of Directors to only elected officials. In addition, SCP is considering expanding to Mendocino County, which raises other policy questions discussed below. Potential JPA Amendments: Clarifying Sonoma Clean Power Purposes a) Reducing Greenhouse Gas Emissions: The proposed JPA amendments (Recital C -a) remove language limiting the reduction of Greenhouse Gasses (GHGs) to the use of power. The intent is to clarify that efforts to convert from natural gas appliances to clean electric appliances is within SCP's scope. Similarly, efforts to promote reductions in emissions and energy costs from the use of electric vehicles is the scope. SCP's CEO will discuss this in more detail during the Council meeting. b) Stimulating the local economy: This goal (Recital C.c) focuses on developing local energy sources, which is one way of supporting the local economy as it would create jobs. The JPA could explicitly note that cost savings (from low rates and cost-effective programs) also benefit the local economy. c) The current JPA also states that local renewable energy is the preferred energy source, creating in effect a local preference policy. The proposed amendments modify this preference to include local and California sources, which reduces the emphasis on local preferences. This more evenly balances interest in local generation with the potential for clean, less expensive energy from elsewhere in the state. Potential JPA Amendments: Changing Advisory Committees Section 4.5.1 of the current JPA requires two advisory committees. The Ratepayer Advisory Committee (RAC) focuses on ensuring ratepayers' interests are reflected in budget and rate 2 ITEM NO. 9 decisions. The Business Operations Committee (BOC) provides guidance on a wide variety of Sonoma Clean Power topics including contracts, programs, rates, and budget. The responsibilities of these Committees overlap. For example, since programs are funded by rates, decisions on rates depend on the amount of funding committed to programs. Thus, if the Board is to have a permanent committee, it would be more efficient to simplify the structure. Ratepayer protection has been a strong interest of the Rohnert Park Council in the balancing of SCP's goals. The JPA amendments propose eliminating the current Committees and establishing a Community Advisory Committee (CAC) with a broad advisory role including the rate- and budget -review powers of the existing Ratepayer Advisory Committee. It would have 7 to 11 members. The Board of Directors would be required to use its best efforts to appoint "a balanced, diverse group of individuals who (a) represent the interests of ratepayers ... or (b) have expertise in one or more of the areas of management, administration, finance, or contracts (in either the public or private sector), infrastructure development, renewable power generation, power sales and marketing, energy conservation, public policy development, or public relations." Staff believes these changes reduce protection of ratepayers as there would no longer be a body focused solely on ratepayers' interests with appointments made accordingly. This is largely mitigated by the requirement for a balanced new Committee, and by broadening the local preference policy to include all of California. Other changes to the JPA not included in the current draft could also increase ratepayer protection, including: a. Explicitly adding that cost savings to customers resulting from lower rates are an "economic benefit," as discussed above, and b. Requiring that a majority of the Community Advisory Committee members be appointed to represent ratepayers' interests. Potential JPA Amendments: Restricting_ Representation The JPA does not restrict who a City Council may appointment to the SCP Board. This is consistent with the discussions underway at the Waste Management Agency and decisions made in the revisions to the Sonoma County Library JPA. Rohnert Park is the only jurisdiction with a staff person representing the City; at least one other City has a staff person as an alternate. The proposed amendments to the JPA would limit SCP Board (and alternate) membership to elected officials. However, non -elected officials currently on the Board could continue to serve for an additional one-year period. Other Issues: Geographic Expansion Mendocino County and at least some of its cities are interested in joining SCP, which is allowed by the current JPA. The SCP Board of Directors has tentatively offered to serve Mendocino County, but the offer is subject to certain conditions, and thus not a formal commitment. Expanding SCP to Mendocino County would, in the long -run, provide SCP with slightly more leverage in purchasing power, and would reduce GHG emissions from energy in Mendocino County. The GHG reduction impact is estimated to be an additional 19% greenhouse gas savings at no net cost. ITEM NO. 9 The Board of Directors determines how many Board seats new jurisdictions will have. The current proposal for expansion would provide two seats on the SCP Board for Mendocino County (one for the County, and one for its cities should two or more join). Adding two members would reduce the voting share held by the nine existing Board members. Another option could be for SCP to offer service to Mendocino County, but without membership on the SCP Board of Directors. Staff is looking for Council direction on this issue. ALIGNMENT WITH STRATEGIC PLAN: Continuing membership in Sonoma Clean Power is consistent with numerous Strategic Plan goals including fiscal responsibility and excellent service. RECOMMENDATIONS: Staff are requesting that the City Council provide direction on the following issues. In most cases the core issue is the balance between lower costs and local energy production and jobs. JPA Amendments in Current Proposal: A. Should the JPA remove language limiting the reduction of GHGs to the use of power? Staff recommends approval of this change as it could help SCP meet all of its goals of reducing GHGs, and supporting the local economy through cost savings and local jobs. Specific programs will be brought to the Board prior to approval. B. Should the JPA expand the local preference policy to include local and California sources? Staff recommends approval of this change as it helps set the appropriate balance between lower costs and local energy production, particularly if the JPA eliminates the Ratepayer Advisory Committee. C. Should the JPA consolidate its two Advisory Committees? If so, what if any requirements should be established for a new Community Advisory Committee (i.e., should a majority be appointed to reflect ratepayer interests?) Staff recommends consolidating the two Advisory Committees to make them more efficient. Staff does not recommend any requirements for membership of the new Committee so long as the JPA also includes (1) language on the economic benefits of cost savings and, (2) the expansion of the local preference policy beyond Sonoma County to include California energy sources. Should the Council desire stronger ratepayer protections, it could request that a majority of the Community Advisory Committee members be appointed to represent ratepayers' interests. D. Should the JPA restrict Board (and alternates) representatives to elected officials? Staff does not have a recommendation on this question. The Council has taken the position in discussions of other JPAs that no jurisdiction should be able to restrict the choices of another jurisdiction. Proposed Additional JPA Amendment: E. Should the JPA explicitly note that cost savings (from low rates and cost-effective programs) benefit the local economy? Staff recommends approval of this change because cost savings are beneficial, and recognizing this helps to set the appropriate balance 2 ITEM NO. 9 between lower costs and local energy production, particularly if the JPA eliminates the Ratepayer Advisory Committee. Additional Policy Issue: Expansion to Mendocino County: F. Should Sonoma Clean Power expand membership to Mendocino County? If so, how many Board seats should Mendocino County and its cities receive? Staff recommends expansion and two seats for Mendocino County, so long as the JPA also includes (1) language on the economic benefits of cost savings and, (2) the expansion of the local preference policy beyond Sonoma County to include California. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to providing direction on the Sonoma Clean Power JPA amendments. Department Head Approval Date: July 18, 2016 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: July 19, 2016 Attachments (list in packet assembly order): 1. Track -changed version of proposed Amendments to Sonoma Clean Power JPA 5 SeeondThird Amended and Restated Joint Powers Agreement Relating to and Creating the Sonoma Clean Power Authority By and Among The County of Sonoma and The Sonoma County Water Agency This SeeenThird Amended and Restated Joint Powers Agreement ("Agreement"), effective as of d_1'Y 13 date is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Sections 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B ("Parties"), and, as of this date, supersedes the original Joint Powers Agreement dated December 4, 2012-aft4, the First Amended and Restated Joint Powers Agreement dated June 25, 2013, and the Second Amended and Restated Joint Powers Authority dated July 25, 2013. RECITALS A. The Parties share various powers under California law, including but not limited to the power to ,generate, buy and sell power and aggregate eleetfie4yelectric load for themselves and customers within their jurisdictions. B. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local governments to develop programs to reduce greenhouse gas emissions. C. The purposes for the entering into this Agreement include a. Reducing greenhouse gas emissions relate' to the use of pow in Sonoma County and neighboring regions; b. Providing electric power and other forms of energy to customers at a competitive cost; c. Carrying out programs to reduce total energy consumption; d. Stimulating and sustaining the local economy, including by developing or promoting local jobs in i:enewabledistributed energy resources; and e. Promoting long-term electric rate stability -and, energy security -and, reliability and resilience. D. It is the intent of this Agreement to promote the development and use of a wide range of Draft 7-11-16 renewable energy sources and energy efficiency programs, including but not limited to solar, wind, geothermal, and biomass energy production. The pur-ehase of r-enew powef and , offeree ,,able energy credits ; intended only as_, with a tfunsitional flietho to deer -ease r-egional gr-eenhottse gas ;preference for local distributed sources and California sources. E. The Parties desife to *abh-hhave established a separate public agency, known as the Sonoma Clean Power Authority ("Authority"), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in order to collectively study, promote, develop, conduct, operate, and manage energy programs. F. The Parties afitieipate adept *have adopted an ordinance electing to implement through the Authority a common Community Choice Aggregation program, an electric service enterprise available to cities, counties, and the Sonoma County Water Agency pursuant to California Public Utilities Code Sections 331.1(c) and 366.2 ("CCA Program").Taft priority of the Aulhor-ityY�411 be the eonsidefation of these aetions neeessa" implement the CCA Pr-ogfam. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1: DEFINITIONS AND EXHIBITS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Parties and Participants Exhibit C: Annual Energy Use Exhibit D: and Voting Shares ARTICLE 2: FORMATION OF SONOMA CLEAN POWER AUTHORITY 2.1 Effective Date and Term. This Agreement shall beeof eebecame effective, and the Sonoma Clean Power Authority s'�^'�commenced existence as a separate public agency, on the date this Agreement ; ute 4,<, December 4, 2012 (the PaFt ies The n uthof!ity s pfwvide notie, to the PaAies of the "Effective Date -.:I. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.4, subject to the rights of the Parties to withdraw from the Authority. 2.2 Formation. There is formed as of the Effective Date a public agency named the Sonoma Clean Power Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or Appr-eved itily 25, 2013 -Draft 7-11-16 2 obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Parry who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8.4 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing board of each Party. 2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties and Participants are authorized to participate in the CCA Program, as further described in Section 5.1. The Parties intend that other agreements shall define the terms and conditions associated with the implementation of the CCA Program and any other energy programs approved by the Authority. 2.4 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 4.7 through 4.7.6: 2.4.1 to make and enter into contracts; 2.4.2 to employ agents and employees, including but not limited to a Chief Executive Officer; 2.4.3 to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements; 2.4.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; 2.4.5 to lease any property; 2.4.6 to sue and be sued in its own name; 2.4.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act; 2.4.8 to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes; 2.4.9 to issue revenue bonds and other forms of indebtedness; 2.4. 10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids Draft 7-11-16 from any federal, state, or local public agency; 2.4.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs; 2.4.12 to adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority ("Operating Rules and Regulations"); and 2.4.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services. 2.5 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the Sonoma County Water Agency. 2.6 Compliance with Local Zoning and Building Laws and CEQA. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). ARTICLE 3: AUTHORITY PARTICIPATION 3.1 Participation in CCA Program. The Parties may participate in the CCA Program upon the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(12). Other incorporated municipalities and counties ("Participants") may participate in the CCA Program upon (a) the adoption of a resolution by the governing body of such incorporated municipality or such county requesting that the incorporated municipality or county, as the case may be, become a participant in the CCA Program, (b) the adoption, by an affirmative vote of the Board satisfying the requirements described in Section 4.7.3 (or, if demanded by any Director, 4.7.4), of a resolution authorizing the participation of the additional incorporated municipality or county, specifying the participation payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning, and other pre- existing expenditures, and describing additional conditions, if any, associated with participation, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(12) and execution of any necessary program agreements by the incorporated municipality or county, (d) payment of the membership payment, if any, and (e) satisfaction of any conditions established by the Board. 3.2 ContinuingParticipation. The Parties acknowledge that participation in the CCA Program may change by the addition or withdrawal or termination of Participants. The Parties agree to participate with such other Participants as may later be added, as described in Section 3.1. The Parties also agree that the withdrawal or termination of a Participant shall not affect this Agreement or the remaining Parties' or Participants' continuing obligations under this Agreement. Draft 7-11-16 4 3.3 Participants Not Liable for Authority Debts. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Participants unless the governing board of a Participant agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Participant who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties and Participants agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8.4 of this Agreement, this Section 3.3 may not be amended unless such amendment is approved by the governing board of each Participant. ARTICLE 4: GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors ("Board"). The composition of the Board shall initi l!y eensist of five dire teres appointed by t� Seiiema Cau*�y Board of S"efvisefs, and shall upen the addition of additional be eempr-ised-as set forth in Section 4.7.- Each Director shall serve at the pleasure of the governing board of the Party or Participant who appointed such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director within 90 days of the date that such position becomes vacant. Dir -e, tors ,r be (but need not be) members of 4.2 Quorum. A majority of the Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law. 4.3 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of the Authority, consistent with this Agreement and applicable law. The Board shall provide general policy guidance to the CCA Program. The Board shall be required to approve any of the following actions: a. The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. b. The hiring of a Chief Executive Officer and General Counsel. C. The appointment or removal of an officer. d. The adoption or modification of the Annual Budgetannual budget. e. The adoption of an ordinance. f. The initiation of litigation where the Authority will be the plaintiff, petitioner, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief Executive Officer or General Counsel, on behalf of the Authority, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board. g. The setting of rates for power sold by the Authority and the setting of charges for Draft 7-11-16 5 any other category of service provided by the Authority, except as provided in Section 4.5.2.1.1. hh. Any agreement between the Authority and any Party or Participant if the total amount payable under the agreement and other agreements with the Party or Participant is more than $50,000 in any fiscal year. i. Termination of the CCA Program. 4.4 Chief Executive Officer. The Board of Directors shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, except the powers specifically set forth in Section 4.3 or those powers which by law must be exercised by the Board of Directors. The Board of Di .eeters shall approve a.n.y agreement between the AtAher-ity and any Paf�y or- Pai4ieipant if the totak )Ie tinde the agreement and ather- agreements with the Pafty ef! Paffieipant is fner-e than $50,000 in any fiseal The Chief Executive Officer may enter into and execute any Energy Contract, in accordance with criteria and policies established by the Board. 4.5 Commissions, Boards, and Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs, and the provisions of this Agreement. All advisory commissions, boards, and committees established by the Board shall comply with the requirements of the Ralph M. Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, ineluding the Rate -payer- n dvis ,..., r,,,,..mittee an Business Opefations Committee, and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 4.5.1 &j!gpgygKCommunijy Advisory Committee. The Board shall establish a RatepayerCommunity Advisory Committee consisting of a minimum of seven members and a maximum of eleven members, none of whom may be members of the Board. Three s.,,mer-s and f ,,..In appointing members shall be residential iste er-s (one of Whom to the Committee, the Board shall use its best efforts to appoint a balanced, diverse group of individuals who (a) represent the interests of thecustomers as ratepayers.. (both residential and commercial/industrial) or (b) have expertise in one or more of the areas of management, administration, finance, or contracts (in either the public or private sector), infrastructure development, renewable power generation, power sales and marketing, energy conservation, public policy development, or public relations. The Board shall publicize the opportunity to serve on the RatepayerCommunity Advisory Committee, and shall appoint members of the Ra4epayerC2mmunity Advisory Committee from those individuals expressing interest in serving., giving a preference to individuals who are customers of the CCA Pro rg am. Members of the RatepayffCommunity Advisory Committee shall serve staggered four- year terms (the first to..m of three of the members [one , o .,Vbttsiness two residential] shall be twe years, and fatff years ther-eafter-), whieh may be .as determined by the Board of Directors. A member of the Ra4epayer-Community Advisory Draft 7-11-16 6 Committee may only be removed by the Board of Directors by a two-thirds vote as provided in Section 4.7.5. Each member of the RatepayerCommunity Advisory Committee shall have one vote; a majority of members shall constitute a quorum; and a majority of a quorum is sufficient for committee action. 4.5.2 Duties and Powers of R&teptyerCommunity Advisory Committee. The RatepayefCO1Trmunity Advisory Committee shall meet at least six times per calendar year, and shall have the following duties and powers: 4.5.2.1 Review of Budget and Rates. The proposed annual budget of the CCA Program and any rates or charges proposed to be imposed by the Authority for CCA Program power or services shall be submitted to the RatepayefCommunity Advisory Committee for review and comment. _Following review by the ACommunity Advisory Committee of any such matter, the committee shall recommend to the Board that the matter be approved, approved as amended, or disapproved by the Board. The recommendation of the RatepayerCommunity Advisory Committee shall be communicated to the Board and noted on the agenda for the meeting at which the Board considers the matter. The Board may impose a reasonable deadline for action on the RatepayerCommunity Advisory Committee as necessary to ensure the timely setting of rates by the Authority. 4.5.2.2 Re arts to the Board. The Ratepayer -^.5.2.1.1 Temporary Rate Changes. Notwithstandingtquirements in Sections 4.3 and 4.5.2.1, the Chief Executive Officer may any rate for power sold by the Authority or ancharge for services provided by the Authority if (a) the need for the change arises from (i unforeseen circumstances, (ii) a change in rates or chargesposed on the Authority or its customers by PG&E, the CPUC, or any other re ug latory agency,, or (iii) technical deficiencies or errors in an existing Authority rate or char (b) the Chief Executive Officer determines, following consultation with the Chair of the Board of Directors, that the change is reasonably necessary for budgetary reasons or to keep the Authority's rates and charges competitive. Changes in rates or charges made by the Chief Executive Officer under this Section shall be brought to the Board of Directors at the next scheduled meeting for consideration and shall expire after 90 days unless ratified by the Board of Directors. 4.5.2.2 Review of Policies and Programs. The Community Advisory Committee may review and may make recommendations with respect to the programs, policies, and operations of the CCA Program to the Chief Executive Officer or to the Board of Directors. The Community Advisory Committee shall have the opportunity to review and comment upon proposals for new programs, _ policies, or significant operational changes proposed by the Chief Executive Officer for the CCA program. If requested by the Community Advisory Committee, the Chief Executive Officer shall provide the Committee with any information reasonably necessary for the Committee to carry out its duties. Actions of the Community Advisory Committee are advisoKy only, and Community Advisory Committee action or approval is not a prerequisite to the Board of Directors' or the Chief Executive Officer's action on any item. Draft 7-11-16 7 4.5.2.3 Reports to the Board. The Community Advisory Committee may prepare or cause to be prepared for presentation to the Board any reports, investigations, studies, or analyses relating to the Authority or the CCA Program. 4.5.2.-34 Placing Matters on Board's Agenda. The RatepayeFCommunity Advisory Committee may place any matter relating to the Authority or the CCA Program on the Board's agenda for consideration and possible action. 4.5.2.45 Support for RgtgVtyg±Communijy Advisory Committee. The Board shall provide for reasonable and necessary administrative assistance to the RatepayefCommuni1y Advisory Committee. The Ratepayeflf requested by the Community Advisory Committee, the Chief Executive Officer shall enter into contracts as reasonably necessary to carry out 4sthe duties and powers of the Community Advisory Committee; provided, however, that (a) the amount payable under any contract cannot exceed $20,000 per year, (b) the total amount payable under all contracts cannot exceed $50,000 per year, and (c) the contracts are in a form acceptable to the Authority's Chief Executive Officer and General Counsel. The Board of Directors may authorize an amount in excess of these expenditure limits if it finds and determines that it is reasonable and necessary to do so for the Ratepaye-FCommunity Advisory Committee to perform its obligations. • .. "MMLb • - ■ SIMON W1,11411, • aMbWALVM ■ C-Aemmitte04.5.2.6 Chief Executive Officer Reports to Community Advisory Committee. The Chief Executive Officer shall prepare, no later than the 201h day of each first month of each fiscal quarter, a report to the Business Op€r-atiensCommunity Advisory Committee on the operations of the Authority Appr-oved 2013 -Draft 7-11-16 8 during the preceding fiscal quarter. The report shall contain information regarding the financial performance of the Authority during the preceding quarter, the number of accounts served, the amount of power delivered, and a narrative description of energy efficiency, energy conservation, renewable power generation, and other programs carried out by the Authority. Counsel,the Gener-al exeetition of a major- eontmet is r-e"ir-ed before it is feasible to hold a meeting of ^.54.5.2.7 Other Delegated Powers. The Board of Directors may delegate such other and further powers and duties to the Community Advisory Committee as it shall determine in its sole discretion. 4.5.2.8 Existing Committees Dissolved. Effective as of the date this Third Amended and Restated Agreement is approved, the Ratepayer Advisory Committee and the Business Operations Committee are dissolved. 4.6 Director Compensation. Directors shall serve without compensation from the Authority. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the Authority of expenses incurred by Directors. 4.7 Board of Directors Composition Pr-eer-am Under- Seetiop3 Eept as provided in Seet on 4.7.6 upon. The Board of Directors shall consist of one appointee from each Participant located within the appfelboundaries of the Board of County of Sonoma, and one joint appointee from the pato ipa4 o ounty of Sonoma and the Sonoma County Water Agency. If the Board of Directors approves any other ea municipality or county "P t4ieipant" "Additionalas a Participant" pursuant to Section 3. 1, the Additional Pai4i6pan Board of Directors shall be ei#redetermine whether such municipality or count (mor any combination thereof) maX appoint enean additional member to the Board of Directors. Each Party or Participant gppointing a member to the Board of Directors may also appoint an alternate(s) to serve in the absence of its Director . Each appointee and alternate must be an elected member of the governing board of his or her appointing bodyprovided, however, that any elected appointee or alternate on the Board of Directors as of the date this Third Amended and Restated Joint Powers Agreement becomes effective may continue to serve on the Board of Directors for a period of one year following such effective date. The voting shares of Directors and approval requirements for actions of the Board shall be as follows: 4.7.1. VotingShares. hares. Draft 7-11-16 9 Each Director shall have a voting share as determined by the following formula: (Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) "Annual Energy Use" means; Effeetive Date, the annual eleetfieity usage, e)Tr-essed in kilowatt hour -s ("kwh")5 the period a ftef the aof the E ff etivo Daae, the annual electricity usage, expressed in kWh, of accounts within a Parry's or Participant's respective jurisdiction that are served by the Authority; and (b) "Total Annual Energy" means the sum of all Pard a fti^:pa„*s' ",,,mal , and shall be adjusted am+ually as seen as reasonably pr-aefieable after- januapf 1, Annual Energy Use, expressed in kWh, of accounts within the jurisdictions of those Parties and Participants who have appointed a director to the Board of Directors. (c) The combined voting share of all Directors representing the County of Sonoma and the Sonoma County Water Agency shall be based upon the annual electricity usage within the unincorporated area of Sonoma County. 4.7.2. Exhibit Showingoting Shares. The voting shares of each member of the Board of Directors are set forth in Exhibit DC. Exhibit DC shall be revised no less than annually as necessary to account for changes in the number of Parties or Participants appointing members to the Board of Directors, and changes in the Parties' and Participants' Annual Energy Use. 4.7.3. Approval Requirements Relating to CCA Program. Except as provided in Sections 4.7.4 and 4.7.5 below, action of the Board shall require the affirmative vote of a majority of Directors present at the meeting. 4.7.4. Option for Approval by VotingShares. hares. Notwithstanding Section 4.7.3, any Director present at a meeting may demand that approval of any matter related to the CCA Program be determined on the basis of voting shares and by the affirmative vote of a majority of Directors present at the meeting. If a Director makes such a demand with respect to approval of any such matter, then approval of such matter shall require the affirmative vote of a majority of Directors present at the meeting and the affirmative vote of Directors having a majority of voting shares of the Directors present at the meeting, as determined by Section 4.7.1 except as provided in Section 4.7.5. 4.7.5. Special Votiniz Reauirements for Certain Matters. A. Two -Thirds and Weighted Voting Approval Requirements Relating to Sections 4.5.1, 7.2, and 8.4. Action of the Board on the matters set forth in Section 4.5.1 (removal of member of RatepayerCommunity Advisory Committee), Section 7.2 Draft 7-11-16 10 (involuntary termination of a Party or Participant), or Section 8.4 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors; provided, however, that (a) notwithstanding the foregoing, any Director present at the meeting may demand that the vote be determined on the basis of voting shares and by the affirmative vote of Directors, and if a Director makes such a demand, then approval shall require the affirmative vote of at least two-thirds of Directors and the affirmative vote of Directors having at least two-thirds of the voting shares, as determined by Section 4.7.1; (b) when a Director has demanded that the vote be determined on the basis of voting shares and by the affirmative vote of Directors, if any individual Party or Participant's voting share exceeds 33 and the Director(s) for that Party or Participant votes in the negative or abstains or is absent from the meeting, then at least one other Director representing a different Party or Participant shall be required to vote in the negative, or the matter shall be deemed approved; and (c) for votes to involuntarily terminate a Party or Participant under Section 7.2, the Director(s) for the Party or Participant subject to involuntary termination may not vote, and the number of Directors constituting two- thirds of all Directors, and weighted vote of each Party or Participant, shall be recalculated as if the Party or Participant subject to possible termination were not a Party or Participant. B. Seventy Five Percent Special Voting Requirements for Eminent Domain and Participant Contributions or Pledge of Assets. (i) A decision to exercise the power of eminent domain on behalf of the Authority to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least 75% of all Directors. (ii) The imposition on any Party or Participant of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program shall require a vote of at least 75% of all Directors and the approval of the governing boards of the Parties and Participants who are being asked to make such contribution or pledge. (iii) Notwithstanding the foregoing, any Director present at the meeting may demand that a vote under subsections (i) or (ii) be determined on the basis of voting shares and by the affirmative vote of Directors, and if a Director makes such a demand, then approval shall require the affirmative vote of at least 75% of Directors and the affirmative vote of Directors having at least 75% of the voting shares, as determined by Section 4.7.1, and when a Director has demanded that the vote be determined on the basis of voting shares and by the affirmative vote of Directors, if any individual Party or Participant's voting share exceeds 25% and the Director(s) for that Party or Participant votes in the negative or abstains or is absent from the meeting, then at least one other Director representing a different Party or Participant shall be required to vote in the negative, or the matter shall be deemed approved. For purposes of this section, "imposition on any Party or Participant of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program" does not include any liabilities or obligations of a withdrawing or terminated party imposed under Section Draft 7-11-16 11 7.3. ..WA a R:.tea. — ON.. Total Number- er- „F Additional Paftieipants Number- of C'.,n.,,ti.., !' ott tet../CGAI A Dife .ter 4- 4 2 3-5 2 6 -Of More 4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings of the Board, the RatepayefCommunity Advisory Committee, the Business Operations Committee, or the governing body of any subsidiary entity or independent corporation established by the Authority shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). 4.9 Selection of Board Officers. 4.9.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws from the Authority pursuant to the Appr-eve-d July 25, 2913 -Draft 7-11-16 12 provisions of this Agreement. 4.9.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 4.9.3 Treasurer and Auditor. The Sonoma County Auditor -Controller -Treasurer -Tax Collector shall act as the Treasurer and the Auditor for the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 6. 4.10 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority's agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the Authority and the appointed administrative services provider or providers (an "Administrative Services Agreement"). The appointed administrative services provider may be one of the Parties. An Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program. ARTICLE 5 IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 5.1 Preliminary Implementation of the CCA Program. 5.1.1 Enabling Ordinance. Except as otherwise provided by Section 3.1, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 5.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.7.3. 5.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the Draft 7-11-16 13 implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 5.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties' right to withdraw from the Authority as described in Article 7. ARTICLE 6 FINANCIAL PROVISIONS 6.1 Fiscal Year. The Authority's fiscal year shall be 12 months commencing July I and ending June 30. The fiscal year may be changed by Board resolution. 6.2 Depository. 6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or Participant or any other person or entity. 6.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties and Participants at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 6.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 6.3 Budget and Recovery of Costs. 6.3.1 Budget. The initi-alannual budget shall be approved by the Board. The Board may revise the budget from time to time thfough an ^ uthofity T,,.,,,,ment as may be reasonably necessary to address contingencies and unexpected expenses. All sttbseqi budgets of the Authof!ity shall be appfoved by the Beafd in aeeafdanee with the Operating Rales and Regulations. Appr-eved 2013 -Draft 7-11-16 14 .l.4i7.S�'!'If!!ls. ........ . ...... . . . .......... M. 6-.3-46.3.2 CCA Program Costs. The Parties desire that all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third -party sources. ARTICLE 7: WITHDRAWAL AND TERMINATION 7.1 Withdrawal. 7.1.1 Right to Withdraw. A Party or Participant may withdraw its participation in the CCA Program, effective as of the beginning of the Authority's fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to the Authority and each Party and Participant Withdrawal of a Party or Participant shall require an affirmative vote of its governing board. 7.1.2 Right to Withdraw After Amendment. Notwithstanding Section 7.1.1, a Party or Participant may withdraw its membership in the Authority following an amendment to this Agreement adopted by the Board which the Party or Participant's Director(s) voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party or Participant shall require an affirmative vote of its governing board and shall not be subject to the six month advance notice provided in Section 7.1.1. In the event of such withdrawal, the Party or Participant shall be subject to the provisions of Section 7.3. 7.1.3 Continuing Liability; Further Assurances. A Party or Participant that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 7.3. The withdrawing Party or Participant and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party or Participant from participation in the CCA Program. 7.2 Involuntary Termination of a Party or Participant. Participation of a Party or Participant in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Party's or Additional Participant's participation in the CCA Program upon a vote of Board members as provided in Section 4.7.5. Prior to any vote to terminate participation with respect to a Party or Participant, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party or Participant whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Draft 7-11-16 15 Party or Participant has allegedly violated. The Party or Participant subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party or Participant that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 7.3. 7.3 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Party or Participant, the Party or Participant shall remain responsible for any claims, demands, damages, or liabilities arising from the Party or Participant's membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Party or Participant shall not be responsible for any liabilities arising after the date of the Party or Participant's withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Party or Participant may remain liable include, but are not limited to, losses from the resale of power contracted for by the Authority to serve the Party or Participant's load. With respect to such liability, upon notice by a Participant that it wishes to withdraw from the program, the Authority shall notify the Party or Participant of the minimum waiting period under which the Participant would have no costs for withdrawal if the Participant agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Party or Participant elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Party or Participant also shall be responsible for any costs or obligations associated with the Party or Participant's participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party or Participant. The Authority may withhold funds otherwise owing to the Party or Participant or may require the Party or Participant to deposit sufficient funds with the Authority, as reasonably determined by the Authority and approved by a vote of the Board of Directors, to cover the Party's or Participant's liability for the costs described above. Any amount of the Party's or Participant's funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party or Participant. The liability of any Party or Participant under this section 7.3 is subject and subordinate to the provisions of Sections 2.2 and 3.3, and nothing in this section 7.3 shall reduce, impair, or eliminate any immunity from liability provided by Sections 2.2 or 3.3. 7.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Participant to withdraw its participation in the CCA Program, as described in Section 7.1. 7.5 Disposition of Property Lipon Termination of Authority. Upon termination of this Agreement, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then -existing Parties and Participants in proportion to the contributions made by each. 7.6 Negotiations with Participants. If the Parties wish to terminate this Agreement, or if the Parties elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 7.1.2, but two or more Participants wish to continue to participate in the Draft 7-11-16 16 CCA Program, the Parties will negotiate in good faith with such Participants to allow the Participants to become parties to this Agreement or to effect a transfer of CCA Program operations to another entity. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Dispute Resolution. The Parties, Participants, and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should such efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be settled by binding arbitration in accordance with policies and procedures established by the Board. 8.2 Liability of Directors, Officers, and Employ. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Participants, the Authority, or its Directors, officers, or employees. 8.3 Indemnification of Parties and Participants. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties, the Participants, and the public. The Authority shall defend, indemnify, and hold harmless the Parties and Participants, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 8.4 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of Board members as provided in Section 4.7.5. The Authority shall provide written notice to all Parties and Participants of amendments to this Agreement, including the effective date of such amendments, at least 30 days prior to the date upon which the Board votes on such amendments. 8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties or Participants may not be assigned or delegated without the advance written consent of all of the other Parties and Participants, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties and Participants. This Section 8.5 does not prohibit a Party or Participant from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's or Participant's contributions to the Authority, or the disposition of proceeds which that Party or Participant receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties or Participants under this Agreement. 8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Draft 7-11-16 17 Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 8.7 Further Assurances. Each Parry agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Parry, as the case may be, or such other person designated in writing by the Authority or Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties and Participants. Appr-eved 2013 -Draft 7-11-16 18 ■ Appr-eved 2013 -Draft 7-11-16 18 Exhibit A Definitions "AB 117" means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA. "Act" means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) "Administrative Services Agreement" means an agreement or agreements entered into after the Effective Date by the Authority with an entity that will perform tasks necessary for planning, implementing, operating and administering the CCA Program or any other energy programs adopted by the Authority. "Agreement" means this Joint Powers Agreement. "Annual Energy Use" has the meaning given in Section 4.7.2. "Authority" means the Sonoma Clean Power Authority. "Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions, and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. "Board" means the Board of Directors of the Authority. "CCA" or "Community Choice Aggregation" means an electric service option available to cities, counties, and the Sonoma County Water Agency pursuant to Public Utilities Code Section 366.2. "CCA Program" means the Authority's program relating to CCA that is principally described in Sections 2.3, 2.4, and 5.1. "Director" means a member of the Board of Directors representing a Party or an Additional Participant. "Effective Date" means December 4, 2012, the date on which this Agreement sh-a11 beeemebecame effective and the Sonoma Clean Power Authority shallbe ag n to exist as a separate public agency, as f;,.. hef deser-ibed i Seetian 2 "Energy Contract" means any agreement for the purchase or sale of electrical energy or any related attributes, including but not limited to capacity, resource adequacy, transmission or congestion rights, demand response products, or environmental attributes. "Implementation Plan" means the plan generally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. "Initial Costs" means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of a Chief Executive Officer and any administrative staff, any required accounting, administrative, technical, or legal services in support of the Draft 7-11-16 19 Authority's initial activities or in support of the negotiation, preparation, and approval of one or more Administrative Services Provider Agreements and Program Agreement 1. Administrative and operational costs incurred after the approval of Program Agreement 1 shall not be considered Initial Costs. "Operating Rules and Regulations" means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. "Participant" or "Additional Participant" means any incorporate municipality or county electing to participate in the CCA Program. "Parties" means, collectively, the County of Sonoma and the Sonoma County Water Agency. "Party" means the County of Sonoma or the Sonoma County Water Agency. "Total Annual Energy" has the meaning given in Section 4.7.2. Draft 7-11-16 20 Exhibit B List of Parties and Participants Parties: County of Sonoma, Sonoma County Water Agency Participants: Town of Windsor; City of Cotati; City of Sebastopol; City of Sonoma; City of Santa Rosa; City of Petaluma; City of Rohnert Park; City of Cloverdale Exhibits C and D Annual Energy Use and Voting Shares Party/Participant City of Cloverdale r'n�nCity of Cotati SANTA n nc n City of Petaluma SEBASTOP �L-Cfty of Rohnert Park SONOMACfty-Qf Santa Rosa SONOMA GO NTY/SG n Ci of Sebastopol WINDSOROly of Sonoma County of Sonoma Town of Windsor Tota K"I" , "nnual Energy Use (kWh) 37,537,769 35 ''�5 33,051,134 94.356,43-8047,033 70 ^�z 895,830,982 109,4 56,4g5. 69,071,078 949,469,086 101,875,412 Draft 7-11-16 21 Voting S1-afe Shares 1 -21 4-313 -333 4-52 -53 35 Total 100 2,1 ^ 1,^T -n 433, 9695,148,300 Appr-eved 2013 -Draft 7-11-16 22 Sonoma Clean Power JPA Amendments & Other Issues July 26, 2016 JPA Amendments •JPA Works, But Needs Some Changes • We're setting a very long-term structure • It's not about today's Board, CEO, etc. • Amendment Process: • Require Approval of 2/3 of Sonoma Clean Power Board • Weighting voting gives greater voice to larger jurisdictions • Does Not Require City Councils to Approve • Several Cities are Receiving Presentations JPA Issue: Balancing Lower Rates/Costs vs. Local Production By 2020: Current Structure low Rates and Costs • JPA Goal: Competitive Rates • Ratepayer Advisory Committee local Sources and Jobs • JPA Goal: Economic Benefits as Local Sources and Jobs • JPA Statement of Local Preference SCP's Proposed Changes low Rates and Costs • JPA Goal: Competitive Rates • Balanced Community Advisory Committee local Sources and Jobs • JPA Goal: Local Sources and Jobs •JPA Statement of Local Preference incluaes California Staff's Recommended Addition low Rates and Costs • JPA Goal: Competitive Rates • Balanced Community Committee • Economic Benefits include Low Rates and Costs local Sources and Jobs • JPA Goal: Economic Benefits as Local Sources and Jobs • JPA Statement of Local Preference includes California JPA Issue: Role of Sonoma Clean Current • Reducing GHGs from Use of Power Power Proposed • Reducing GHGs from: • Use of Power • Changing from Natural Gas to Clean Electricity • Changing Fuel Source from Gasoline to Clean Electricity Half the Electricity Emissions Problem Solved 700 600 N 500 0 U 400 C- 0 300 U C6 LL N 200 0 n 1O0 E w C 2004 20O6 2008 2010 2012 2014 2016 2018 2020 Hard to match existing loads with only renewable sources 0 1 2 3 4 5 b 1 8 9 1G 21 12 13 1-q 15 1t I: M 19 2U 21 22 � Soler Wind Qiectherrr,-: -_C-3d *Concept only. Not actual load. Solar + 100,000 EVs gets us much closer G 1 2 3 a 5 b 1 8 4) 117 1.1 12 13 14 A IS 17 18 19 10 .21. 22 22 � Solar � Wind � GeaThermal �Laad • r • M Manaced _03,:j *Concept only. Not actual load. 14' New Program Focus Electric vehicles with smart charging and local renewables ■ Schools ■ Park -n -rides ■ Downtown garages ■ Private Employers ■ Transportation hubs AAMM r- W- .1 DriveEverG reen DriveEverGreen Drive Clean. Drive EverGreen. ■ Electric vehicles using local 100% renewable EverGreen ■ 5% shift to EVs = $10 million into Sonoma County every year ■ Opportunity to keep "fuel" costs below $2.50 per gallon of gasoline equivalent ■ 95% reduction in greenhouse gas emissions for each EV JPA Issue: Proposed Board Representation Current • No restrictions Proposed • Elected officials only Summary of Issues • Impacts: • Reduces GHGs • Minimal Impact on Rates • Reduces Voting Share Current • Sonoma County + 8 Cities • 1 seat/jurisdiction Proposed • Sonoma County + 8 Cities • 1 seat/jurisdiction • Mendocino County + Cities • 1 seat for County • 1 seat shared among cities Policy Issue: Lower Rates/Costs v. Local Production • Recommendations: • Eliminate Ratepayer Advisory Committee • Add Balanced Community Advisory Committee • Expand preference policy beyond Local to all of California ADD: Economic Benefits include low rates and costs Policy Issue: Role of SCP in Reducing Greenhouse Gases • Recommendation: Expand scope to include natural gas to electricity, and gasoline to electricity Policy Issue: Board Representation • No Recommendation Policy Issue: Mendocino Expansion • Recommendations: • Expand to Mendocino County • Allow 2 seats (one for County; one for Cities) ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 10 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: July 26, 2016 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Carol Adams, Executive Assistant to the City Manager Agenda Title: Consideration of Designating a Voting Delegate and Alternate/s for the League of California Cities Annual Conference — October 5-7, 2016, Long Beach, CA RECOMMENDED ACTION: By minute action, consider designating a voting delegate and alternate/s for the League of California Cities Annual Conference being held October 5-7, 2016 in Long Beach, CA and directing staff to complete the Voting Delegate Form and submit it to the League of California Cities. SUMMARY: The League of California Cities (League) will be holding its Annual Conference October 5-7, 2016 in Long Beach, CA. At the Annual Conference, the League conducts its Annual Business Meeting where League Members take action on conference resolutions. These resolutions help guide cities and the League in efforts to improve the quality, responsiveness and vitality of local government in California. The League's bylaws stipulate that each city is entitled to one vote on matters affecting League policy. The voting delegate and/or alternate must be registered for the conference and present in order to vote on behalf of Rohnert Park at the Annual Business Meeting scheduled for Friday, October 7, 2016. According to the League's by-laws, Council may appoint a Council Member and/or a staff member as either a primary or an alternate voting delegate. Should the City Council wish to select a delegate, the City Council may appoint a primary voting delegate and up to two alternate voting delegates and direct staff to complete the Voting Delegate Form and submit it to the League of California Cities no later than Friday, September 23, 2016. OPTIONS CONSIDERED: Staff is requesting the City Council appoint a primary voting delegate and one alternate voting delegate to attend the conference. Assistant City Manager Don Schwartz will be attending the conference and Mayor Belforte has expressed interest in attending and has sufficient budget funding to cover associated costs. Staff considered the following options: 1. Appoint Mayor Belforte as the primary voting delegate, Assistant City Manager Don Schwartz as the alternate voting delegate and direct staff to complete the Voting Delegate Form and submit it to the League. (Recommended Option) ITEM NO. 10 2. Decline appointing primary and alternate voting delegates. By not appointing voting delegates, the City would forfeit its right to vote on the League's business matters dedicated to improving the quality, responsiveness and vitality of local government in California. (Not Recommended) Department Head Approval Date: N/A City Manager Approval Date: July 21, 2016 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Annual Conference Advisory Letter — Voting Delegate/Alternate Fonn 2. Annual Conference Schedule of Events 2 I� E A U E� 1400 K Street, Suite 400 • Sacramento, California 95814 L L CA1.I FOR Phone: 916.658.8200 Fax: 916.658.8240 T T S www.cacities.org F Council Action Advised by July 31, 2016 June 10, 2016 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — October 5 — 7, Long Beach The League's 2016 Annual Conference is scheduled for October 5 — 7 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for noon on Friday, October 7, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 23, 2016. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.or . In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 5, 8:00 a.m. — 6:00 p.m.; Thursday, October 6, 7:00 a.m. — 4:00 p.m.; and Friday, October 7, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 23. If you have questions, please call Kayla Gibson at (916) 658-8247. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form Annual Conference Voting Procedures One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. L UA1GUl�E CITIES IA t CITY: 2016 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 23, 2016. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. 1' ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: JoAnne Buergler E-mail ibuergler@!pcity.org Mayor or City Clerk, (circle one) Date: (signature) Phone: 707-588-2225 Please complete and return by Friday, September 23, 2016 League of California Cities FAX: (916) 658-8240 ATTN: Kayla Gibson E-mail: kgibson@cacities.org 1400 K Street, 4th Floor (916) 658-8247 Sacramento, CA 95814 Attachment 2 TENTATIVE SCHEDULE QF EVEN As uFFEbruQay 1., 2015: L,eL' r.: WEDNESDAY. SEPTEMBER 30 8:00 a.m- -b-00 p.m- Registration {aper% Exhibit Level ConrGurse, San Jose Convention Center 9:00 - 10:30 a.m. P0licy'Cammittees . - •;.:- 9.00 -11:00 a.rrL Understanding Publir Ser,sice Ethics Lawsand Principles - 1 D:00 a.m. - p.n-L City. Clerks Workshop 1 D.30 - 11.&5 a.m. Educatitan 14,30 am. - Noun Policy Commit tees . 11:45 a.m- - 1:15 p.m Regional Division Lunches 1:00 -1:30 p.m. F rst To Attendee O entation 1:30 - 2:45 p -m Department Business Meetings 3:00 - 5:00 p.m.. Opening Genera 15•ession • A.nnual Report and Keynote gess 5:04 - 7:00 p -m Grand Opening Expa• Ball & Host City Reception TM -11:00 pL n -L L= jersr,p Ga--; Casira kJ:`nr THURSDAY. OCTOBER 1 7:00 a.m. - 4�X p.m. Registration Open, Exhibit Level Concourse, San Jose Convention Center 8:00 - 9:30 a,-% Education 4:00 a.m- -4-00- p.m. Expo Open (with Lunch in Exhibit Hall] RAS -11.45 a.rtl General Session - Keynote Address 1:04 - 2:15 p. m. General Resolutions cammittee 1:00 - 2:15 p.m. Educatkon 2 -AS - x:00 p -m Education a- IS - 5:30 p -m- Educaftn 4:15 - 5:30 p.rrL Board of directors Meeting 5:30 - Evening Networking Receptions - Caucus, League Partners, Divisions FRIDAY. OCTOBER. 2 7:30 -10:00 a.m Registration Open, Exhibit Level Concourse, San Jose Convention Center 7:30 - SAS a.rrk Rejonial Division Breakfasts 9:00 -10:15 a.rrL Education 1 Et.30 -11-AS a.m. Education Noon - 2:00 p.m. Closing Luncheon with Voting Delegates Bi Genera I Assembly lmta�l Neo-, Boarc- of Diracto-s Grad Prize 2:04 p. m- Adjourn AUTE _arftrm =. AVstr as is m uirzdru cor o' i'3c =o c rrut-tir}�, amnon fJmtri€s arrdAw;ua' , Guu& AsunbJyay an amrdee arkar �==ng Oct Attachment 2 Detailed List of Breakout Sessions IduLatrandl SftSibmS aL rhe Wnubl Wnierence aiFcr ptafe lsironfil dtvr4apmem recusing an wnrkelWr lalurinri-i Lhro-uSJIN LuirrtwAafid Llrne9y LapiLS TargLLing d aruad audiemLe, SeSStaru address ImaVattw_1, Ulou&Vdistussian prmokMS, eMetice Illaled, Lreroll&, Leak, and best prdLLices. Co4WWCitttg prulesAianal experience am uAleureL urideri,unding die -se t�e551arlsaeh Lo praa8de attendee!. the upparlunity tu,gain praakM i.kilh acid u3erul resaui L.es. Jain us fur ne., trai,ni ft tar tei3i5, rit*h&h tn- i" and q%rali.y LahlenL. Beiiew is,a fist or breakd'ul AtA gtrlL AI sessiuns. !deed snore deg M Waith Lhe wtLsile for daLM Limes, 4m-aktri and IaLe breaking !&"iarls. Pka:e .virr 5eis1 -rs Lir.q_;: r,,s s ars r,f FF f I_' OwAge dLeetounfaricem a urmtwines. FIRE CHIEFS TRACK HUMAN RESOURCES TRACK CITY PLTTORNEYT TRrACK WEDNESDAY &maen Gmpm Repstratian Opens GM-10M.WL Thursday Polley Cummittees 90-1%DaMtt Undermtandirkg Public Service Ethics Laws and Principles CAR 124 TraLNaW :sr0qd &Ellh } Main- LIUI urL MGbAeTour :sr�oy LIC P�1% lamdm-2 virrt City GerWs Legislative Worksh.Dp EriAM LKLili.i to 11;'Bam IlydlyringiPeer Abuse Effects All srrw 1�L�r,I 1CM-11r5am Women's CausLrs Session lam-lbzam Eligitat&Faeegies for Economic Developrnent ,SriVA �r�Y! laxam-hiar Friday Policy Cnmrnittees Arm aCcakl lam- 11.1cam Hnw Cultural Districts Can Furizher Caffo niais Communities :ray. dcL'Jrl lam-lbbam Community Service Days A Recipe for SUCCESS ,•r sta+Kl 4ax-Ilzam TheV&at Why and How of Cities Addressing Ek -ironic Shaking Devices and Wape Shops tsfxxv �rarLsl tia7-1:Mpm FwA Twm Attendee Orientation 4ztuMrrmh f31-25prn DeparlmenitMeetings 3ip-Smpm Qpenet!g General Session - Annual Report and Keynote Address clr�, rgr.;lLsi So ?Irpm Grand Opening Expo Hall & Host City Reception :sttilr. �L:;i;l -�'m-11fL1prrr 0bPAC- Neon Glow Casino Nlgltt 17tnw aero'! -1 Attachment 2 THURSDAY }'i drrm-4Mpm Registration Open .Slrc+vx��L•I -CM&ri Trends and Challenges in Public Regards Requests ;:r,-xi1 rxe�kel km -gm nc Maximizing EfCiriencies in Your Fire Npartrnenz Ems]-2md"L Yes, Reducing Casts of Employee Benefits 15 Pcvssliblel :rcw dcr .r l -i RM-33+er1L 01arter Cities Under Attack ?zhDw cerci hl RM 2LMW+i Tire Futureof;Energy Ef€oriencyin California p��lsl IM-2MIUIL Understanding Your Cigt s CHRA Options: 2015 Update :tir xc:l:l IIIA-w4n&m Drrivirig AheadforFunding:WhatWiIWedDA13=CkrurCrurnhlingTransporia r9an S3rstem? ;LhC� oro dl mdm- lbuarn General Session - Keynote Address 7.rzw &r.3)h IM-215pm General RemiLdions Committee :1r�sv oYrslLl lm -215p111 Cap and Track What Clues Needs to Know ,,sjm v dcrrtl 1;M-2115prn 5ucressfully Navigating Conflict of Interest Peporting ".n-wor=ksl IM-215prn Economic Qe+relopmen€ Project Funding in 201 S - "5ustainabihty" Replaces Redevelopment :hcw tlr[71 f :Y lm-215PFL Haw Cides Mush Respond To The State's New Groundwater Law OT -W IXML 03E 215pett Balancing the Scales Fire Department Service and Community Expectations :r ca wlculkl tile-1!lP&L Shared Services: How Do You Get There? :hGaY sr�!:I to 2l5prn GuMentLun Station CWAV Program Defining the Ne:ct Generation of Transportation ;;rr,'F vs� tel tm Zlsprn Managing Water Application in an Urban Enwrnriment tffl-2pJn Public Private Partnership Success Story: Post. Redevelopment :rc - Attachment 2 THURSDAY -4MD irn CaIPERS: vmar;s New., What's iold and What's To Lome ;srrua XUIIS@ AMpLm Contracting Fire Services: the Tri-als, Tribulations, Landmines, and Polutical Challenges arr,� a-6_y�se • Mpm Attracting Foreign Direct I nvestment to Boost Local ProsperW. `ctiv �+r.�Grxl 2Z 4MprrL Effective Crisis communication fear City Leaders :'em M=LMISl Am Lm Future cif ftonoanic Engines- C.tamplete Park Systems dsj+MfArl 245.4Mpm The Changing Face OfThe Skatepark Wrier 0shrw �4�!s1 . r-4flDprn Wildlife Watch" A Leadership Response to Urrbanilliife c4uffitt •:,ream ac�isr:I 245-4fflprrL Why Your community Doesn't Know Mat You're Doing ;Sr'CM1 OC671 CI 413-5Xpm Labor Relations- "A Polliryrnalier's Perspective' ,,rf,�oer_u I 13-FfMprrre Legislative and Regulatory Changes Affecting Fire Service Delivery of EMS `} w Cx!.�,! : 415-fEmpift Hrtchhi)dng Pes= How. to Protect Your Community From Invasive 'Species 41' wpm Tunorrow-Land: Technology and The Future or Your any 415 -ELM Pin ErninIft issues in Policing, Implicabans for califamia Goes asr0,w &&,4115 4M-�Mprrti Do -it Y if Economy.. New Tools for a New Economy .rCi'M OC Ll� i � I 4 5 -ampul CV Link- An Innovative Transportation Corridor Srzw a=jr 415-fMprn Mastering the Five Foundations of Leading for Pullitical Efrecttvenress 413-ErMpsn Who, Moved My CiWs Revenue? Re -Capturing Rogue R:evenue'Streams src�xr �ct�tsl Attachment 2 MIDA TM-11yan Registration Open st•.cw Irty1l 90-110k5asn EnhanringAni mal :Services to Eliminate the Euthanasia of.Aldopuble Animals. 91M-11LAS.mn Engaging Residents intt!eDigital Age ;shcw rcr,rr M-MlSwn Gtnremrnent's.Crucial Employer Brand dst'c+u rYrsirl gm-1xt""n Rethinking, Repositioning, Er ReinVentingRetaiil Centers ;:r.LZy rg GL i-: go-lal5asn Advancing Community Support far Affordable Housing By Prmmoting Housing Diversity srrw rir;.:i si film-1145am When Ca1PER3 gansaon Debt Flits Your Budget i" 11ZAM SumneratCrty Half: Winning Formula for Students and Staff ;.rte r=!., Iat3a 11 5e,r1 What Council Members Need to Know About LocalA;ger!cy Formation Cunwnissions {LAFCO ; rC" CXL2!;r t -11 F rn Tax Increment Financing is BackJ Lysing the New EIFD Too[ ,srw,r �u�yl tam-11iCam Modernizing Vihile Mitigating Utility Irrirastructure Capital Neeci5 !:rcw rxc��C tam- I WISam Community VM[nesm MayDrs & Coreyril Members Creating Healthy and V-rbrant Communities srr,n, srwrr Nam- fflpfu Gosing Luncheon with Voting EkAegace5 & General Assembly