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2016/09/13 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, September 13, 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 September 13, 2016 for City Council/RPFA/CDC Successor Agency Page 2 of 6 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 Hayden Kempf 3. PRESENTATIONS 4. SSU STUDENT REPORT By Erin Jasper, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI) 5. DEPARTMENT HEAD BRIEFING 6. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that azenda item. 7. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, August 23, 2016 2. City Council/RPFA/Successor Agency Joint Regular Meeting, March 22, 2016 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated September 13, 2016 2. RPFA- Cash Report for Month Ending July 2016 3. Housing Successor Agency- Cash Report for Month Ending July 2016 4. Successor Agency- Cash Report for Month Ending July 2016 5. City- Cash Report for Month Ending July 2016 C. City Council Resolutions for Adoption: 1. 2016-86 Denying a Request to Make a Determination of Public Convenience and Necessity for a Type 20 Off -Sale Beer & Wine License for Oxford Suites Located at 67 Golf Course Drive West (APN 045-055-030) City of Rohnert Park Joint Regular Meeting Agenda September 13, 2016 for City Council/RPFA/CDC Successor Agency Page 3 of 6 2. 2016-87 Authorizing the City Manager to Approve and Execute D. Approval of an In -Kind Donation of City Labor, Fees, and Services in the Amount of $4,400 to Support the Founder's Day 2016 Event Council Motion/Vote 8. City's Voting Position on Resolution Packet for the League of California Cities Annual Business Meeting, October 7, 2016 in Long Beach, CA A. Staff Report B. Public Comments C. Council discussion/action 9. Consideration of Rental Agreement Between the City of Rohnert Park and Myles Ahead, Inc. for the Use of the Activity Room at the Callinan Sports and Fitness Center A. Staff Report B. Public Comments C. Resolution for Adoption: 2016-93 Authorizing the City Manager to Execute a Rental Agreement with Myles Ahead, Inc. for Use of the Activity Room Located at the Callinan Sports and Fitness Center a. Council motion/discussion/vote Administering Agency -State Agreement for Federal Aid Projects No. 04-5379F15 and Other Agreements and Amendments for Federal and State Funding With the State of California Department of Transportation (Caltrans) 3. 2016-88 Authorizing the City Manager to Approve and Execute Program Supplement Agreement No. F013 to Administering Agency—State Agreement No. 04-5379F for Federal Funding for Street Smart Rohnert Park (Federal Project No. CML- 5379(021)/City Project No. 2013-02) 4. 2016-89 Approving a Public Improvement and Fee Credit Agreement and Two Public Improvement Agreements with Penn Grove Mountain, LLC and Finding This Action Covered Under the Environmental Impact Report for the Southeast Rohnert Park Specific Plan 5. 2016-90 Authorizing the Finance Director to Increase Appropriations for FY2016-2017 by $45,000 from the State Asset Forfeiture Fund for the Purchase and Build Out of One (1) Public Safety Police Interceptor Utility Vehicle 6. 2016-91 Approving a Consultant Services Agreement with Conservation Corps North Bay for Habitat Mitigation Plan Improvements and Authorizing Related Actions 7. 2016-92 Amending Appendices A and B of the City of Rohnert Park Conflict of Interest Code D. Approval of an In -Kind Donation of City Labor, Fees, and Services in the Amount of $4,400 to Support the Founder's Day 2016 Event Council Motion/Vote 8. City's Voting Position on Resolution Packet for the League of California Cities Annual Business Meeting, October 7, 2016 in Long Beach, CA A. Staff Report B. Public Comments C. Council discussion/action 9. Consideration of Rental Agreement Between the City of Rohnert Park and Myles Ahead, Inc. for the Use of the Activity Room at the Callinan Sports and Fitness Center A. Staff Report B. Public Comments C. Resolution for Adoption: 2016-93 Authorizing the City Manager to Execute a Rental Agreement with Myles Ahead, Inc. for Use of the Activity Room Located at the Callinan Sports and Fitness Center a. Council motion/discussion/vote City of Rohnert Park Joint Regular Meeting Agenda September 13, 2016 for City Council/RPFA/CDCSuccessor Agency Page 4 of 6 10. Authorizing a Memorandum of Understanding and Related Documents for Affordable Housing Construction for the Willow Glen Subdivision Phase 1 (Southeast Specific Plan) A. Staff Report B. Public Comments C. Resolution for Adoption: 2016-94 Authorizing a Memorandum of Understanding and Related Documents for Affordable Housing Construction for the Willow Glen Subdivision Phase 1 (Southeast Specific Plan) a. Council motion/discussion/vote 11. Approving Southeast Rohnert Park Phase 1 Final Map and Accepting Subject to Improvement Offers of Dedication A. Staff Report B. Public Comments C. Resolution for Adoption: 1. 2016-95 Approving Southeast Estates Subdivision Final Map Phase 1 and Accepting Subject to Improvement Offers of Dedication for Public Right -of -Way, Public Parks, Public Water Tank, Public Utility Easements, Sidewalk Easements and Landscape Maintenance Easements a. Council motion/discussion/vote 12. PUBLIC HEARING: (NO EARLIER THAN 6PM) Statement of Costs and Special Assessment on 6400 State Farm Dr., Rohnert Park, CA to Recover Nuisance Abatement Costs A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption: 2016-96 Declaring a Special Assessment Against the Vacant Real Property Located at 6400 State Farm Dr., Rohnert Park, CA, APN-143-051-072 Pursuant to Rohnert Park Municipal Code 1.24.030, 1.27.060 and Government Code Sections 38773.5 a. Council motion/discussion/vote 13. 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 1. Education Committee (9/6) B. Liaison Reports 1. Russian River Watershed Association (RRWA) (8/25) 2. Health Action Council (9/2) 3. Sonoma County Transportation Authority (SCTA) (9/12) C. Other Reports City of Rohnert Park Joint Regular Meeting Agenda September 13, 2016 for City Council/RPFAICDC Successor Agency Page 5 of 6 14. 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. 15. 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. 16. 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. 17. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda September 13, 2016 for City Council/RPFA/CDC Successor Agency Page 6 of 6 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 September 13, 2016, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on September 8, 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.ri)city.org, Executed this 8' day of September, 2016, at Rohnert Park, California. Caitlin Saldanha, Deputy City Clerk -,. i 6.v Pjvk..IL JrLP%r%L n'%.lin L) Date: Agenda Item M F Name: d i �VIi r S "I" Address: \� Phone: Topic: l Brief Summary of Comments: I A0 See reverse �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, August 23, 2016 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California Item No. 7A1 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on August 18, 2016. Present: Gina Belforte, Mayor Jake Mackenzie, Vice Mayor Amy O. Ahanotu, Councilmember Joseph T. Callinan, Councilmember Pam Stafford, Councilmember Absent: None. Staff present: City Manager Jenkins, Assistant City Attorney Barnhill, Finance Director Howze, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Director of Public Safety Masterson, Interim City Clerk Frontella, Senior Analyst Atkins, Deputy City Clerk Saldanha and Project Coordinator Zwillinger. 2. PLEDGE OF ALLEGIANCE Led by Nathan Weires, Student. 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Honoring Josephine Caulk for Her Volunteer Work in Keeping Dorotea Park Beautiful Mayor Belforte presented a Certificate of Recognition to Josephine Caulk, who shared photos of D -Park thanked Council for the recognition. B. Update on Status of SoCo Nexus by Amee Sas, Executive Director of SoCo Nexus Executive Director of SoCo Nexus, Amee Sas, provided the update and gave a presentation. City of Rohnert Park Joint Regular Meeting Minutes August 23, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 5 4. DEPARTMENT HEAD BRIEFING None. 5. PUBLIC COMMENTS Terri Shore, Regional Director for Greenbelt Alliance, provided an update on Measure K, and invited Councilmembers to a community separator fundraiser on October 2, 2016 in Glen Ellen. Chris Meyer spoke in support of community separators. Richard Savel stated his objections against community separators and discussed urban growth boundaries. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, August 9, 2016 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated August 23, 2016 C. City Council Resolutions for Adoption: 1. 2016-084 Authorizing and Approving a Records Management Policy for a Citywide Records Management Program D. Approve the Use of City Council Chamber by the League of Women Voters for a Pros/Cons Ballot Initiative Forum E. Approve a Letter of Support for the Sonoma County Board of Supervisors Proposed Community Separator Ballot Measure and Authorize the Mayor to Sign ACTION: Moved/seconded (Mackenzie/Stafford) to approve the Consent Calendar. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. 7. Consideration of Canceling the General Municipal Election Scheduled for November 8, 2016, Requesting the Board of Supervisors of the County of Sonoma to Remove the Stated Consolidated Election, and Appoint the Only Qualified Nominees to the Office of City Council Interim City Clerk Frontella presented the item. Recommended Action(s): Consider adoption of Resolution appointing the only qualified nominees for City Council to those positions, cancelling the General Municipal Election currently scheduled for Tuesday, November 8, 2016, and requesting the Board of Supervisors of the County of Sonoma to take all steps required to remove said election from the consolidated election scheduled for that date. Assistant City Attorney Barnhill noted for the record that Councilmembers Callinan, Vice Mayor Mackenzie, and Mayor Belforte have potential conflicts of interest regarding this item since all three Councilmembers are candidates in the General Municipal Election on November City of Rohnert Park Joint Regular Meeting Minutes August 23, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 3 of 5 8, 2016. Councilmember Callinan, Vice Mayor Mackenzie and Mayor Belforte disclosed conflicts of interest and recused themselves from participation in this item due to the fact that they are running for office in the General Municipal Election being held on November 8, 2016. Per the Political Reform Act's Rule of Necessity, Councilmember Callinan, Vice Mayor Mackenzie, and Mayor Belforte participated in a random selection process of drawing names from a box to determine which Councilmember would be selected to participate in the voting process for purposes of forming a quorum in order to act on the item. Deputy City Clerk Saldanha randomly drew Councilmember Callinan's name, and therefore, Councilmember Callinan was selected to participate in the voting process. Mayor Belforte and Vice Mayor Mackenzie left the meeting at 5:26 p.m. Councilmember Stafford was selected to act as Mayor Pro Tempore in Mayor Belforte's absence. Public Comment: None. ACTION: Moved/seconded (Callinan/Ahanotu) to adopt Resolution 2016-085 Canceling the General Municipal Election Scheduled for November 8, 2016, Requesting the Board of Supervisors of the County of Sonoma to Remove the Stated Consolidated Elections and Appoint the Only Qualified Nominees to the Office of City Council. Motion carried by the following unanimous 3-0-2 vote: AYES: Ahanotu, Callinan, Stafford, NOS: None, ABSTAINS: None, ABSENT: Mackenzie and Belforte. Mayor Belforte and Vice Mayor Mackenzie returned to the dais at 5:27 p.m. S. Consideration of Ventilation and Air Conditioning Options at the Callinan Sports and Fitness Center Director of Public Works and Community Services McArthur and Project Coordinator Zwillinger presented the item. Recommended Action(s): Staff recommends Option 4 - replacing the existing control system at this time because the controls have failed and maintenance staff are forced to regulate temperature in the building by manually opening and closing vents. When the control system is working correctly, it is actually very effective at keeping all building zones cool and properly ventilated. If it is determined that an air conditioning upgrade is needed in the future, the control system would have to be replaced. Replacing the control system at this time would also facilitate the future addition of building air conditioning if needed. Public Comment: None. ACTION: By Consensus (none opposed), City Council directed staff to move forward with the recommended actions by replacing the existing control system and continue to utilize outside air to cool the building. City of Rohnert Park Joint Regular Meeting Minutes August 23, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 4 of 5 By consensus (none opposed), the Council agreed to reorder the agenda, moving Item 10 before Item 9. 10. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports None. B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (8/16) Councilmember Stafford reported that the Chamber of Commerce held a golf tournament on August 19, 2016 and announced that Keith Woods will be the next featured speaker at an upcoming Chamber of Commerce Noon Times meeting. 2. Library Advisor. Board(8/16) None. Mayors & Councilmembers Legislative Committee (8/19) Mayor Belforte reported on a legislative bill proposed by Assemblyman Frazier and Senator Beall regarding road maintenance funding. Mayor Belforte also noted that the Mayors' & Councilmembers' Association has requested each city to submit a list of program topics for 2017. C. Other Reports None. 9. CLOSED SESSION A. Mayor Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 6:02 p.m. in Conference Room 2A to Consider: 1. Personnel Matters (Government Code § 54957) Public Employee Annual Performance Evaluation - Title: City Manager 2. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): (One Case) B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 7:59 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Belforte reported: no reportable action. 11. COMMUNICATIONS Mayor Belforte announced that Los Cien's 91St Lunchoen, "3rd Annual Latino Experience" will be held on Friday, September 9, 2016 at Luther Burbank Center in Santa Rosa. 12. MATTERS FROM/FOR COUNCIL Vice Mayor Mackenzie announced that a kick-off event for Measure K will be held on September 8, 2016 at Sally Tomatoes. City of Rohnert Park Joint Regular Meeting Minutes August 23, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 5 of 5 Councilmember Stafford reported on the Senior Center BBQ and commended new employee, Hannah Deeter, Community Services Program Coordinator, for her hard work on the event. Vice Mayor Mackenzie reported that he attended the Public Safety Explorer Pancake Breakfast on August 20, 2016. 13. PUBLIC COMMENTS None. 14. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 8:01 pm. Caitlin Saldanha, Deputy City Clerk City of Rohnert Park Gina Belforte, Mayor City of Rohnert Park �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, March 22, 2016 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California Item No. 7A2 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on March 17, 2016. Present: Gina Belforte, Mayor Amy O. Ahanotu, Councilmember Joseph T. Callinan, Councilmember (absent after 10:26) Jake Mackenzie, Vice Mayor Pam Stafford, Councilmember Absent: See above. Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Director of Public Safety Masterson, Commander Strouse, and Planning Manager Beiswenger. 2. PLEDGE OF ALLEGIANCE Led by Janet Condron. 4. DEPARTMENT HEAD BRIEFING None. 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, March 8, 2016 City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 8 B. Acceptance of Reports for: 1. City Complete Streets Annual Report 2. City Bills/Demands for Payment dated March 22, 2016 3. Successor Agency to the CDC Bills/Demands for Payment dated March 22, 2016 4. Report on Mayor Belforte's Appointment of Lorreen Abbott to the Senior Citizens Advisory Commission 5. Successor Agency- Cash Report for Month Ending February 2016 6. Housing Successor Agency- Cash Report for Month Ending February 2016 7. RPFA- Cash Report for Month Ending February 2016 8. City- Cash Report for Month Ending January 2016 C. City Council Resolutions for Adoption: 1. 2016-022 Authorizing Sonoma County Waste Management Agency to Submit Application on behalf of the City of Rohnert Park to CalRecycle for Beverage Container Recycling Programs 2. 2016-023 Approving the Council Policy on Video Surveillance at City Facilities and Intersections 3. 2016-024 Authorizing the City Manager to Execute a Lease Agreement with United Cerebral Palsy of the North Bay for City -Owned Office Space Located at 6800 Hunter Drive, Suite B 4. 2016-025 Authorizing and Approving Elimination of Two Temporary, Hourly Part - Time Office Assistants and Addition of Two Temporary, Hourly Part - Time Public Safety Records Clerk Positions in the Public Safety Department 5. 2016 026 Authorizing Elimination of a Full Time Swom Fire Mar -shall and Addition of'., F„11 Time AT,.n C'w...-.. Fire Mar—s+ac lull in the P41ie Safety DepaFtme (PULLED by Callinan) D. Receive the Annual Report on the Status of the General Plan Calendar Year 2015 and Authorize Staff to Forward Report to the State Office of Planning and Research and the Department of Housing and Community Development ACTION: Moved/seconded (Callinan/Stafford) to approve the Consent Calendar. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. C. City Council Resolutions for Adoption: 5. 2016-026 Authorizing Elimination of a Full Time Sworn Fire Marshall and Addition of a Full Time Non -Sworn Fire Marshall in the Public Safety Department ACTION: Moved/seconded (Callinan/Stafford) to approve Resolution 2016-026. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 8 3. PRESENTATIONS A. Mayor's Proclamation: Recognizing Dr. Ruben Arminana as an Honorary Citizen for His Extraordinary Commitment and Dedication to Furthering Higher Education in Our Community Mayor Belforte read and presented the Proclamation to Dr. Ruben Armiiiana. 7. CLOSED SESSION A. Mayor Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 5:21 pm in Conference Room 2A to Consider: 1. Conference Involving a Joint Powers Agency (Sonoma County Waste Management Agency), pursuant to Cal. Government Code § 54956.9(d)(1) and § 54956.96 Discussion will concern: Existing Litigation - Renewed Efforts of Neighbors Against Landfill Expansion v. Sonoma County Waste Management Agency, Sonoma County Superior Court Case No. SCV257508 Name of local agency representative on joint powers agency board: Assistant City Manager Don Schwartz 2. Conference with Real Property Negotiators (Government Code §54956.8) Property: 6750 Commerce Blvd. (APN: 143-380-015); 100 Avram Avenue (APNs: 143-380-022 through 029); and 120 Avram Avenue (APN: 143-061-052) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Barney Aldridge Under Negotiation: Price and Terms B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 5:39 pm C. Report on Closed Session (Government Code § 54957.1) Mayor Belforte reported: no reportable action. 8. Consideration of Sonoma County Agriculture Preservation and Open Space District Incubator Farm Project Assistant City Manager Schwartz and Bill Keen, Sonoma County Agricultural Preservation and Open Space County District, presented the item. Recommended Action(s): Receive presentation from Sonoma County Agricultural Preservation and Open Space District, oppose any project that does not demonstrate community support as reflected by formal Council endorsement of any project, and request the University of California Cooperative Extension to consider directing resources planned for any proposed project to Farmster. Public Comment in Opposition of an Incubator Farm at the location: Bruce Stender, Scott Kenyon, Mark Gomes, Susan Kirkpatrick, David Golden, Willie Newman, Mary Gonzales, Joe Netter, Marilyn Stender, and Kathy Jerch. Public Comment in Support of an Incubator Farm at the location: Tito Sasaki; Wendy Kropnick, Vice President of the North Coast Chapter of Community Alliance with Family Farmers; Heidi Darling; Anya Starovoytov; Miriam Volat; Evan Wiig; and Chris Meyer. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 4 of 8 ACTION: Moved/seconded (Callinan/Belforte) to send the letter which is attached to the staff report to the Sonoma County Board of Supervisors to the Sonoma County Board of Supervisors in opposition to the location of the project. Motion amended to include language in the letter stating that the City would like to meet and discuss alternate locations. Motion failed by the following 2-3-0 vote: AYES: Callinan and Belforte, NOS: Ahanotu, Stafford, and Mackenzie ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Callinan) to send the letter which is attached to the staff report to the Sonoma County Board of Supervisors to the Sonoma County Board of Supervisors in opposition to the location of the project. Motion carried by the following 3-2-0 vote: AYES: Callinan, Stafford, and Belforte, NOS: Ahanotu and Mackenzie, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Stafford) after the Sonoma County Board of Supervisors receives the letter, the City will send a letter to the County Agricultural Preservation and Open Space County District stating if the County proceeds with the project the City of Rohnert Park requests that the District meet formally with the City Council and H Section residents to discuss future direction of the project. Motion carried by the following 4-1-0 vote: AYES: Ahanotu, Stafford, Mackenzie, and Belforte, NOS: Callinan, ABSTAINS: None, ABSENT: None. Recessed 7:48 pm Reconvened 7:54 pm 11. PUBLIC HEARING CONTINUED FROM MARCH 8,2016: (NO EARLIER THAN 6PM) — Noticed February 26, 2016 and March 9, 2016 Consideration of Adopting Central Rohnert Park Priority Development Area Plan, and Related Environmental Impact Report (EIR), and Amendments to the General Plan, and Amendments to the Zoning Map and Ordinance Planning Manager Beiswenger and Assistant City Manager Schwartz presented the item. Recommended Action(s): Conduct a public hearing and consider the following actions: 1) Approve the Final Environmental Impact Report for the Central Rohnert Park, Priority Development Area Plan; 2) Approve the Central Rohnert Park, Priority Development Area Plan; 3) Approve General Plan Amendments to implement the Central Rohnert Park, Priority Development Area Plan; and 4) Waive first reading and introduce ordinance to amend the City of Rohnert Park zoning map and zoning ordinance to implement the Central Rohnert Park, Priority Development Area Plan. Hearing Continued 9:32 pm Darren Patterson supports a downtown. Wayne Sutten, DDS, supports the plan. Wayne Schmidt supports the plan. Art Ferris supports the plan. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 5 of 8 Keith Garlock supports the plan. Dale Knight supports the plan. Cindy Wise supports a downtown. Wulff Reinhold supports the plan. Pat Miller supports the plan. Gary Jeffcoat supports the plan, not in support of a strip mall. Pat Miller read a letter from Shari Lorenz in support for more retail space and not in support of creating a strip mall. Cheryl Burton -Campers expressed concern for how the project will impact Rohnert Park residents, concern for the environment, and loves Rohnert Park. Michael Olson, on behalf of Suncal, supports the approval of the PDA and agrees with the other speakers; however, they are not in support of being bound to a certain square footage of retail. Suncal's retail report cites different numbers than the Concord report the City has. He requests the City Council to support Rohnert Park Planning Commission's recommendation and eliminate the minimum square footage. David Petritz, representing Sonoma County Conservation Action and the Green Belt Alliance, supports the plan as it includes affordable housing, emphasizes transit oriented development with walkable, bikeable streets with access to public transportation. Council may want to insist on more than one -floor buildings in the downtown area. Susan Haydon requested City Council to add Form Based Codes to the PDA and adopt the PDA recommended by staff. Gerard Giudice requested City Council adopt the PDA recommended by staff. Lois Fisher requested City Council adopt the PDA recommended by staff and add as a condition of approval, that staff implement Form Based Codes prepared by a qualified consultant. Steve Campbell supports a downtown. Hearing Closed 10:05 pm ACTION: Moved/seconded (Mackenzie/Stafford) to adopt resolution 2016-027 Certifying the Final Environmental Impact Report, Adopting Findings of Fact and Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Central Rohnert Park, Priority Development Area Plan. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Belforte) to adopt resolution 2016-028 Approving the Central Rohnert Park, Priority Development Area Plan Located South of Golf Course Drive, West of the SMART Railroad Tracks, East of Highway 101 and North of Avram Avenue/Santa Alicia Drive. Motion amended to direct staff to explore Form Based Codes as part of implementation of the Plan. To the extent that it is included in the PDA, the Motion is amended to include removing buildings fronting Rohnert Park Expressway (RPX) and removing the overcrossing. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 6 of 8 Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Mackenzie/Callinan) to adopt Resolution 2016-029 Approving General Plan Amendments for the Central Rohnert Park, Priority Development Area Plan Located South of Golf Course Drive, West of the SMART Railroad Tracks, East of Highway 101 and North of Avram Avenue/Santa Alicia Drive including the amendments made to Resolution 2016-028. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Callinan) to adopt Ordinance 897 An Ordinance of the City of Rohnert Park, California, Amending the City of Rohnert Park Zoning Map; and Chapter 17.06 (Land Use Regulations) 17.07 (Land Use Footnotes/Special Provisions) 17.10 (Development Standards) and 17.16 (Parking) of the Zoning Ordinance to Implement the Central Rohnert Park, Priority Development Area Plan Located South of Golf Course Drive, West of the SMART Railroad Tracks, East of Highway 101 and North of Avram Avenue/Santa Alicia Drive including the amendments made to Resolution 2016-028 including the amendments made to Resolution 2016-028. Title read by Mayor Belforte. Motion carried by the following unanimous 5-0 roll call vote: AYES: Ahanotu, Callinan, Stafford, Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. Councilmember Callinan left the meeting 10:26 pm 9. Consider Expansion of 2016 Summer Camp Programs Community Services Supervisor Herman presented the item. Recommended Action(s): Expand Community Services youth camp programs for summer 2016. Public Comment: None. ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to move forward with the recommended action. 10. INTRODUCTION OF ORDINANCE — Consideration Of Repealing Rohnert Park Municipal Code Chapter 2.24 "Cultural Arts Commission" And Amending Rohnert Park Municipal Code 2.32.040 To Add Cultural Arts Oversight To The Powers Of The Parks And Recreation Commission Not heard. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 7 of 8 12. FISCAL YEAR 2015-16 FINANCIAL MID -YEAR UPDATES A. FY 2015-16 Mid -Year Update Not heard. B. FY 2015-16 Mid -Year Budget Adjustments Not heard. C. Graton Mitigation Program Budgets 2015-16 Mid -Year Update Not heard. 13. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports 1. Water Issues Committee (3/18) Vice Mayor Mackenzie reported the committee recommends Council authorize a representative to recommend approval of the Sonoma County Water Agency's budget. Director Pawson noted a provision was added to revisit the rate study. Recommended Action(s): Authorize the City's Representative to the Water Advisory Committee to Recommend Approval of the Sonoma County Water Agency's Proposed Fiscal Year 2016-17 Budget and ask them to revisit their rate study exploring the variable water rate. Public Comment: None ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to move forward with the recommended action. B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (3/15) No report. 2. Association of Bay Area Government (ABAG) General Assembly. (3/17) No report. 3. Sonoma County Transportation Authority (SCTA.) (3/14) Mayor Belforte reported Measure AA has been approved. Mayor Belforte also discussed road money used by various cities and how certain cities are implementing loan programs among themselves. 4. Mayors and Councilmembers Legislative Committee (3/18) Mayor Belforte reported Suzanne Smith from Sonoma County Transportation Authority announced a potential opportunity for Federal funding to complete the Highway 101 widening project. C. Other Reports None. 14. COMMUNICATIONS None. City of Rohnert Park Joint Regular Meeting Minutes March 22, 2016 for City Council/Rohnert Park Financing Authority/Successor Agency Page 8 of 8 15. MATTERS FROM/FOR COUNCIL None. 16. PUBLIC COMMENTS None. 17. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 10:36 pm. JoAnne M. Buergler, City Clerk City of Rohnert Park Gina Belforte, Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE �r September 13, 2016 Check Numbers: 234017-234175 $441,570.64 Dated: August 24 , 2016 - September 6, 2016 TOTAL $441,570.64 Accounts Payable Checks for Approval User: gburke Printed: 9/6/2016 - 2:19 PM Check Number Check Date Fund Name Account Name Vendor Name 234017 08/24/2016 General Fund Productions - Production Benjamin Acedo Check Total: 234018 08/24/2016 General Fund Productions - Production Mathew Adiao Check Total: 234019 08/24/2016 General Fund Productions - Production Nick W Ambrosino Check Total: 234020 08/24/2016 Capital Projects Fund PR -71 Benicia Pool Renovatins Arch-Pac Aquatics Check Total: 234021 08/24/2016 ISF - Information Technology Telephone - IT AT&T Check Total: 234022 08/24/2016 General Fund Telephone - PS Bldg -North AT&T 234022 08/24/2016 General Fund Telephone - PS Bldg -North AT&T 234022 08/24/2016 General Fund Telephone - RPCC AT&T 234022 08/24/2016 General Fund Telephone - B Pool AT&T 234022 08/24/2016 General Fund Telephone - RPCC AT&T 234022 08/24/2016 General Fund Telephone - PAC AT&T 234022 08/24/2016 General Fund Telephone - PW AT&T 234022 08/24/2016 General Fund Telephone - RPCC AT&T 234022 08/24/2016 General Fund Telephone - PW AT&T 234022 08/24/2016 ISF - Information Technology Telephone - IT AT&T Check Total: 234023 08/24/2016 General Fund Productions - Production Hannah Barton Check Total: 234024 08/24/2016 General Fund Productions - Production Rickie Bierman Page 1 of 21 Void Amount 200.00 200.00 200.00 200.00 900.00 900.00 2;984.27 2,984.27 2,703.00 2,703.00 36.89 99.57 17.50 183.65 36.83 167.22 34.95 55.87 17.47 1,669.32 2,319.27 200.00 200.00 200.00 Check Number Check Date Fund Name Account Name Vendor Name Check Total: 234025 08/24/2016 General Fund Contract Svcs - RPCC Sherry Blanchard Check Total: 234026 08/24/2016 General Fund Productions - Production Mark Bradbury Check Total: 234027 08/24/2016 General Fund Productions - Production Heather Buck Check Total: 234028 08/24/2016 General Fund Legal Svcs - Legal Burke, Williams & Sorensen, LLP Check Total: 234029 08/24/2016 General Fund Productions - Production Brendan Buss Check Total: 234030 08/24/2016 General Fund Dues & Subscription - ED California City Management Foundation Check Total: 234031 08/24/2016 General Fund Telephone - CH Comcast Check Total: 234032 08/24/2016 ISF - Information Technology Equip Lease - IT Dell Financial Services 234032 08/24/2016 ISF - Information Technology Equip Lease - IT Dell Financial Services 234032 08/24/2016 ISF - Information Technology Equip Lease - IT Dell Financial Services Check Total: 234033 08/24/2016 General Fund Productions - Production Katherine Drysdale Check Total: 234034 08/24/2016 General Fund Productions - Production SHAWNA EIERMANN Check Total: 234035 08/24/2016 General Fund Productions - Production Claire Engan Check Total: 234036 08/24/2016 General Fund Productions - Production Michael Enz Check Total: Page 2 of 21 Void Amount 200.00 33.80 33.80 600.00 600.00 600.00 600.00 20,588.23 20,588.23 900.00 900.00 400.00 400.00 47.72 47.72 4.89 8.19 9.96 23.04 300.00 300.00 300.00 300.00 900.00 900.00 900.00 900.00 Check Number Check Date Fund Name Account Name Vendor Name 234037 08/24/2016 General Fund Productions - Production Robert Ellison Finney Check Total: 234038 08/24/2016 General Fund Productions - Production Serena Elize Flores Check Total: 234039 08/24/2016 General Fund Publicity - SrC FOLGER GRAPHICS 234039 08/24/2016 General Fund Publicity - B Pool FOLGER GRAPHICS 234039 08/24/2016 General Fund Publicity - H Pool FOLGER GRAPHICS 234039 08/24/2016 General Fund Publicity - RPCC FOLGER GRAPHICS 234039 08/24/2016 General Fund Publicity - SpC FOLGER GRAPHICS Check Total: 234040 08/24/2016 General Fund Productions - Production Madison Griego Check Total: 234041 08/24/2016 General Fund Rec Ll Liability Ins Clearing HUB International 234041 08/24/2016 General Fund Rp Community - RPCC HUB International Check Total: 234042 08/24/2016 General Fund Productions - Production KELLEY HUNT Check Total: 234043 08/24/2016 General Fund Productions - Production Roy Kitaoka Check Total: 234044 08/24/2016 General Fund Productions - Production Ariana La Mark Check Total: 234045 08/24/2016 General Fund Exp Belforte - CC Los Cien, Inc. Check Total: 234046 08/24/2016 General Fund Productions - Production Aislynn Malilay Check Total: 234047 08/24/2016 General Fund Productions - Production Jordan Martin Check Total: 234048 08/24/2016 General Fund Productions - Production Felicia McFall Check Total: Page 3 of 21 Void Amount 300.00 300.00 300.00 300.00 158.20 421.88 527.35 3,111.35 1,054.70 5,273.48 200.00 200.00 1,945.00 -416.90 1,528.10 900.00 900.00 200.00 200.00 200.00 200.00 25.00 25.00 200.00 200.00 250.00 250.00 900.00 900.00 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234049 08/24/2016 General Fund Productions - Production Nathan Mercier 300.00 Check Total: 300.00 234050 08/24/2016 General Fund Productions - Production Abe Newman 900.00 Check Total: 900.00 234051 08/24/2016 Water Utility Fund PG&E - Water Pacific Gas & Electric 3,314.76 Check Total 3,314.76 234052 08/24/2016 General Fund Productions - Production Olivia Piper 200.00 Check Total: 200.00 234053 08/24/2016 General Fund Productions - Production Natasha Potts 200.00 Check Total: 200.00 234054 08/24/2016 General Fund EAP Expense - NonDept Redwood Empire Municipal Insurance Fund 552.16 Check Total: 552.16 234055 08/24/2016 General Fund License Permit & Fees - CM SOS 40.00 Check Total: 40.00 234056 08/24/2016 General Fund Productions - Production Dwayne Stincelli 300.00 Check Total: 300.00 234057 08/24/2016 General Fund Productions - Production Darryl Strohl-DeHerrera 800.00 Check Total: 800.00 234058 08/24/2016 General Fund Productions - Production Phillip Swanson 200.00 Check Total: 200.00 234059 08/24/2016 General Fund Productions - Production Schary Pearl Swearengin 200.00 Check Total: 200.00 234060 08/24/2016 General Fund Productions - Production Emily Thomason 200.00 Check Total: 200.00 234061 08/24/2016 General Fund Productions - Production CAROL VINES 900.00 Check Total: 900.00 234062 08/24/2016 General Fund Productions - Production Amy Marie Webber 250.00 Page 4 of 21 Check Number Check Date Fund Name 234063 08/24/2016 General Fund 234064 08/24/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund 234065 08/25/2016 General Fund Account Name Vendor Name Productions - Production Larry Williams Productions - Production RUTH WILSON Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Sales Tax Payable US Bank Productions - Production US Bank Productions - Production US Bank Page 5 of 21 Void Check Total: Check Total: Check Total: Amount 250.00 400.00 400.00 900.00 900.00 53.98 4.72 -4.72 130.91 10.50 -10.50 33.98 2.97 -2.97 107.88 -0.25 0.25 15.19 0.88 -0.88 36.95 1.78 -1.78 22.37 1.96 -1.96 6.95 0.61 -0.61 35.99 3.15 -3.15 22.98 1.57 -1.57 77.94 6.82 -6.82 16.05 1.40 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234065 08/25/2016 General Fund Sales Tax Payable US Bank -1.40 234065 08/25/2016 General Fund Productions - Production US Bank 139.51 234065 08/25/2016 General Fund Productions - Production US Bank 12.21 234065 08/25/2016 General Fund Sales Tax Payable US Bank -12.21 234065 08/25/2016 General Fund Productions - Production US Bank 265.95 234065 08/25/2016 General Fund Productions - Production US Bank 21.87 234065 08/25/2016 General Fund Sales Tax Payable US Bank -21.87 234065 08/25/2016 General Fund Productions - Production US Bank 112.50 234065 08/25/2016 General Fund Productions - Production US Bank 271.95 234065 08/25/2016 General Fund Productions - Production US Bank 23.28 234065 08/25/2016 General Fund Sales Tax Payable US Bank -23.28 234065 08/25/2016 General Fund Productions - Production US Bank -112.50 234065 08/25/2016 General Fund Productions - Production US Bank 368.41 234065 08/25/2016 General Fund Advertising - Productions US Bank 90.00 234065 08/25/2016 General Fund Productions - Production US Bank 1,024.47 234065 08/25/2016 General Fund Productions - Production US Bank 85.29 234065 08/25/2016 General Fund Sales Tax Payable US Bank -85.29 234065 08/25/2016 General Fund Productions - Production US Bank 42.69 234065 08/25/2016 General Fund Productions - Production US Bank 2.97 234065 08/25/2016 General Fund Sales Tax Payable US Bank -2.97 234065 08/25/2016 General Fund Productions - Production US Bank 143.00 234065 08/25/2016 General Fund Productions - Production US Bank 55.00 234065 08/25/2016 General Fund Productions - Production US Bank 25.00 234065 08/25/2016 General Fund Productions - Production US Bank 88.09 234065 08/25/2016 General Fund Productions - Production US Bank 16.43 234065 08/25/2016 General Fund Sales Tax Payable US Bank -16.43 234065 08/25/2016 General Fund Productions - Production US Bank 97.15 234065 08/25/2016 General Fund Productions - Production US Bank 114.38 234065 08/25/2016 General Fund Productions - Production US Bank 17.98 234065 08/25/2016 General Fund Productions - Production US Bank 11.99 234065 08/25/2016 General Fund Productions - Production US Bank 102.51 234065 08/25/2016 General Fund Productions - Production US Bank 7.79 234065 08/25/2016 General Fund Sales Tax Payable US Bank -7.79 234065 08/25/2016 General Fund Productions - Production US Bank 78.10 234065 08/25/2016 General Fund Productions - Production US Bank 0.18 234065 08/25/2016 General Fund Sales Tax Payable US Bank -0.18 234065 08/25/2016 General Fund Spec Dept Exp -PAC US Bank 460.41 234065 08/25/2016 General Fund Productions - Production US Bank 59.00 234065 08/25/2016 General Fund Productions - Production US Bank 239.91 234065 08/25/2016 General Fund Productions - Production US Bank 72.00 Check Total. 4,328.67 234066 08/25/2016 General Fund Postage & Shipping - PW US Bank 57.00 Page 6 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 57.00 234067 08/25/2016 General Fund Education Stipend Storm Drains US Bank 125.00 Check Total: 125.00 234068 08/25/2016 General Fund Equipment Rental - Parks US Bank -30.75 234068 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 1.94 234068 08/25/2016 General Fund Sales Tax Payable US Bank -1.94 234068 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 42.31 234068 08/25/2016 General Fund Small Tools - Parks US Bank 41.23 234068 08/25/2016 General Fund Sales Tax Payable US Bank 30.75 234068 08/25/2016 General Fund Equipment Rental - Parks US Bank 798.00 234068 08/25/2016 General Fund Equipment Rental - Parks US Bank 61.25 234068 08/25/2016 General Fund Sales Tax Payable US Bank -61.25 234068 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 420.27 234068 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 18.48 234068 08/25/2016 General Fund Office Supplies - Parks US Bank 40.44 234068 08/25/2016 General Fund Equipment Rental - Parks US Bank -372.19 Check Total: 988.54 234069 08/25/2016 ISF - Fleet Small Tools - Fleet US Bank 162.06 234069 08/25/2016 ISF - Fleet Small Tools - Fleet US Bank 0.75 234069 08/25/2016 General Fund Sales Tax Payable US Bank -0.75 234069 08/25/2016 ISF - Fleet Veh Rep NonDeptmtl - Fleet US Bank 59.78 234069 08/25/2016 General Fund License, Permits & Fees - PW US Bank 205.00 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 265.81 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 18.46 234069 08/25/2016 General Fund Sales Tax Payable US Bank -18.46 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 14.67 234069 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 18.49 234069 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 0.08 234069 08/25/2016 General Fund Sales Tax Payable US Bank -0.08 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 37.83 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 0.18 234069 08/25/2016 General Fund Sales Tax Payable US Bank -0.18 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 1,007.81 234069 08/25/2016 ISF - Fleet Veh Repairs for Parks -Fleet US Bank 4.66 234069 08/25/2016 General Fund Sales Tax Payable US Bank -4.66 234069 08/25/2016 General Fund Equip Less than 5k- Senior Ctr US Bank 499.57 234069 08/25/2016 General Fund Equip Less than 5k- Senior Ctr US Bank 43.71 234069 08/25/2016 General Fund Sales Tax Payable US Bank -43.71 Check Total: 2,271.02 Page 7 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 65.20 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank -0.01 234070 08/25/2016 General Fund Sales Tax Payable US Bank 0.01 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 65.20 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 56.88 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 3.55 234070 08/25/2016 General Fund Sales Tax Payable US Bank -3.55 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 32.52 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 68.85 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 6.02 234070 08/25/2016 General Fund Sales Tax Payable US Bank -6.02 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 222.92 234070 08/25/2016 General Fund Spec Dept Exp - Production US Bank 19.51 234070 08/25/2016 General Fund Sales Tax Payable US Bank -19.51 234070 08/25/2016 General Fund Productions - Production US Bank 36.82 234070 08/25/2016 General Fund Productions - Production US Bank 79.90 234070 08/25/2016 General Fund Productions - Production US Bank 6.99 234070 08/25/2016 General Fund Sales Tax Payable US Bank -6.99 234070 08/25/2016 General Fund Productions - Production US Bank 738 234070 08/25/2016 General Fund Sales Tax Payable US Bank -0.65 234070 08/25/2016 General Fund Productions - Production US Bank 0.65 234070 08/25/2016 General Fund Productions - Production US Bank 16.32 234070 08/25/2016 General Fund Productions - Production US Bank -0.01 234070 08/25/2016 General Fund Sales Tax Payable US Bank 0.01 234070 08/25/2016 General Fund Productions - Production US Bank 16.41 234070 08/25/2016 General Fund Productions - Production US Bank 2.39 234070 08/25/2016 General Fund Sales Tax Payable US Bank -2.39 234070 08/25/2016 General Fund Productions - Production US Bank 22.01 Check Total: 690.41 234071 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 19.87 234071 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 53.36 234071 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 15.01 234071 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 18.75 Check Total: 106.99 234072 08/25/2016 General Fund Concession Purchases - PAC US Bank 73.19 234072 08/25/2016 General Fund Office Supplies - PAC US Bank 181.74 234072 08/25/2016 General Fund Office Supplies - PAC US Bank -0.83 234072 08/25/2016 General Fund Sales Tax Payable US Bank 0.83 Check Total: 254.93 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 498.78 Page 8 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 7.63 234073 08/25/2016 General Fund Sales Tax Payable US Bank -7.63 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 104.84 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 198.24 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 377.37 234073 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 202.92 234073 08/25/2016 General Fund Small Tools - Parks US Bank 1,007.81 234073 08/25/2016 General Fund Small Tools - Parks US Bank 4.65 234073 08/25/2016 General Fund Sales Tax Payable US Bank -4.65 Check Total: 2,389.96 234074 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 53.03 234074 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 21.99 234074 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 21.99 234074 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 21.99 Check Total: 119.00 234075 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 85.95 234075 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 0.03 234075 08/25/2016 General Fund Sales Tax Payable US Bank -0.03 234075 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 21.10 234075 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 45.82 234075 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 0.21 234075 08/25/2016 General Fund Sales Tax Payable US Bank -0.21 Check Total: 152.87 234076 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 57.94 234076 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 59.40 234076 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 12.07 234076 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 19.58 Check Total: 148.99 234077 08/25/2016 General Fund Spec Dept Exp - Parks US Bank 65.92 Check Total: 65.92 234078 08/25/2016 General Fund Productions - Production US Bank 248.28 234078 08/25/2016 General Fund Spec Dept Exp -PAC US Bank 68.56 234078 08/25/2016 General Fund Productions - Production US Bank 188.82 234078 08/25/2016 General Fund Productions - Production US Bank 16.52 234078 08/25/2016 General Fund Sales Tax Payable US Bank -16.52 234078 08/25/2016 General Fund Spec Dept Exp -PAC US Bank 79.98 234078 08/25/2016 General Fund Spec Dept Exp -PAC US Bank 7.00 Page 9 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234078 08/25/2016 General Fund Sales Tax Payable US Bank -7.00 234078 08/25/2016 General Fund Productions - Production US Bank 31.11 234078 08/25/2016 General Fund Productions - Production US Bank 149.83 234078 08/25/2016 General Fund Productions - Production US Bank 436.64 234078 08/25/2016 General Fund Productions - Production US Bank 280.58 Check Total: 1,483.80 234079 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 37.34 234079 08/25/2016 General Fund Spec Dept Exp - Streets US Bank 52.13 Check Total: 89.47 234080 08/25/2016 Sewer Utility Fund Office Supplies - Sewer US Bank 195.28 234080 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 372.66 234080 08/25/2016 Sewer Utility Fund Uniforms & Laundry Svcs -Sewer US Bank 32.58 234080 08/25/2016 Capital Projects Fund PR -71 Benicia Pool Renovatins US Bank 1,036.39 234080 08/25/2016 Capital Projects Fund PR -71 Benicia Pool Renovatins US Bank 89.63 234080 08/25/2016 General Fund Sales Tax Payable US Bank -89.63 234080 08/25/2016 Capital Projects Fund PR -71 Benicia Pool Renovatins US Bank 297.00 234080 08/25/2016 Water Utility Fund SystemRepair - Water US Bank 34.76 234080 08/25/2016 General Fund Sales Tax Payable US Bank -28.61 234080 08/25/2016 Water Utility Fund Training & Travel - WTR PW US Bank 114.68 234080 08/25/2016 Water Utility Fund Training & Travel - WTR PW US Bank 6.03 234080 08/25/2016 General Fund Sales Tax Payable US Bank -6.03 234080 08/25/2016 Water Utility Fund Training & Travel - WTR PW US Bank 346.00 234080 08/25/2016 Water Utility Fund Training & Travel - WTR PW US Bank 28.61 234080 08/25/2016 Water Utility Fund Training & Travel - WTR PW US Bank 875.00 Check Total: 3,304.35 234081 08/25/2016 General Fund Training & Travel - H Pool US Bank 315.00 234081 08/25/2016 General Fund Training & Travel - H Pool US Bank 35.00 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 59.27 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank -0.01 234081 08/25/2016 General Fund Sales Tax Payable US Bank 0.01 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 39.26 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 3.44 234081 08/25/2016 General Fund Sales Tax Payable US Bank -3.44 234081 08/25/2016 General Fund Concession Purchases - B Pool US Bank 314.30 234081 08/25/2016 General Fund Concession Purchases - H Pool US Bank 314.30 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 21.64 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 39.26 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 3.44 234081 08/25/2016 General Fund Sales Tax Payable US Bank -3.44 234081 08/25/2016 General Fund Concession Purchases - SpC US Bank 93.00 Page 10 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234081 08/25/2016 General Fund Concession Purchases - SpC US Bank 1.06 234081 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 79.14 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 108.00 234081 08/25/2016 General Fund Spec Dept Exp - B Pool US Bank 76.61 234081 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 97.29 234081 08/25/2016 General Fund Concession Purchases - H Pool US Bank 239.01 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 17.93 234081 08/25/2016 General Fund Office Supplies - SpC US Bank 132.50 234081 08/25/2016 General Fund Office Supplies - SpC US Bank 10.59 234081 08/25/2016 General Fund Sales Tax Payable US Bank -10.59 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 21.00 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 7.00 234081 08/25/2016 General Fund Publicity - RPCC US Bank 19.00 234081 08/25/2016 General Fund Spec Dept Exp - H Pool US Bank 166.34 234081 08/25/2016 General Fund Spec Dept Exp - H Pool US Bank 0.72 234081 08/25/2016 General Fund Sales Tax Payable US Bank -0.72 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 61.41 234081 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 14.14 234081 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 65.24 234081 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 92.43 234081 08/25/2016 General Fund Spec Dept Exp - H Pool US Bank 40.20 234081 08/25/2016 General Fund Spec Dept Exp - H Pool US Bank -061 234081 08/25/2016 General Fund Sales Tax Payable US Bank 0.61 234081 08/25/2016 General Fund Spec Dept Exp - H Pool US Bank 19.89 Check Total: 2,489.22 234082 08/25/2016 General Fund Repairs & Maint Routine -RPCC US Bank 14.56 234082 08/25/2016 General Fund Repairs & Maint Routine - SpC US Bank 42.11 234082 08/25/2016 General Fund Repairs & Maint Routine - SpC US Bank 1.76 234082 08/25/2016 General Fund Sales Tax Payable US Bank -1.76 Check Total: 56.67 234083 08/25/2016 General Fund Spec Dept Exp - RPCC US Bank 489.36 234083 08/25/2016 General Fund Spec Dept Exp - SrC US Bank 34.87 234083 08/25/2016 General Fund Spec Dept Exp - RPCC US Bank 366.44 234083 08/25/2016 General Fund Spec Dept Exp - RPCC US Bank 32.06 234083 08/25/2016 General Fund Sales Tax Payable US Bank -32.06 234083 08/25/2016 General Fund Spec Dept Exp - RPCC US Bank 13.90 234083 08/25/2016 General Fund Sports Supplies - SpC US Bank 536.00 234083 08/25/2016 General Fund Sports Supplies - SpC US Bank 46.90 234083 08/25/2016 General Fund Sales Tax Payable US Bank -46.90 234083 08/25/2016 General Fund Publicity - RPCC US Bank 40.00 234083 08/25/2016 General Fund Publicity - SpC US Bank 40.00 Page 11 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,520.57 234084 08/25/2016 General Fund Postage & Shipping - RPCC US Bank 215.00 234084 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 21.00 234084 08/25/2016 General Fund Postage & Shipping - SpC US Bank 47.44 234084 08/25/2016 General Fund Postage & Shipping - SpC US Bank 8.22 234084 08/25/2016 General Fund Sales Tax Payable US Bank -8.22 234084 08/25/2016 General Fund Postage & Shipping - RPCC US Bank 142.31 234084 08/25/2016 General Fund Postage & Shipping - RPCC US Bank 8.23 234084 08/25/2016 General Fund Sales Tax Payable US Bank -8.23 234084 08/25/2016 General Fund Spec Dept Exp -BARC US Bank 4.67 234084 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 41.80 234084 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank 118.46 234084 08/25/2016 General Fund Spec Dept Exp- Community Event US Bank -2.40 234084 08/25/2016 General Fund Sales Tax Payable US Bank 2.40 Check Total: 590.68 234085 08/25/2016 Sewer Utility Fund Equipment < $5K - Sewer US Bank 313.04 234085 08/25/2016 Sewer Utility Fund Equipment < $5K - Sewer US Bank 25.67 234085 08/25/2016 Sewer Utility Fund Equipment < $5K - Sewer US Bank 2.25 234085 08/25/2016 General Fund Sales Tax Payable US Bank -2.25 234085 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 12.35 234085 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 1.08 234085 08/25/2016 General Fund Sales Tax Payable US Bank -1.08 234085 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 10.73 234085 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 16.22 Check Total: 378.01 234086 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 21.99 234086 08/25/2016 Water Utility Fund SystemRepair - Water US Bank 12.75 Check Total: 34.74 234087 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 233.40 234087 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 15.94 234087 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 105.51 234087 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 85.26 234087 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 7.46 234087 08/25/2016 General Fund Sales Tax Payable US Bank -7.46 234087 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 29.19 234087 08/25/2016 Sewer Utility Fund Small Tools - Sewer US Bank 2.55 234087 08/25/2016 General Fund Sales Tax Payable US Bank -2.55 234087 08/25/2016 Sewer Utility Fund Spec Dept Exp -Sewer US Bank 10.84 234087 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 17.67 Page 12 of 21 Check Number Check Date Fund Name Account Name Vendor Name 234088 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 234088 08/25/2016 Water Utility Fund Spec Dept Exp - Water US Bank 234088 08/25/2016 General Fund Sales Tax Payable US Bank 234089 08/25/2016 Water Utility Fund Water Entr. /Accounts Paya Dianna Ready 234089 08/25/2016 Sewer Utility Fund Accounts Payable Dianna Ready 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234090 08/25/2016 General Fund Training & Travel - ED US Bank 234091 08/25/2016 General Fund Dues & Subscription - FIN US BANK 234092 08/25/2016 General Fund Dues & Subscription - CC US Bank 234093 08/25/2016 General Fund Exp Stafford - CC US Bank 234093 08/25/2016 General Fund Exp Callinan -CC US Bank 234093 08/25/2016 General Fund Meetings & Travel - ED US Bank 234093 08/25/2016 General Fund Meetings & Travel - ED US Bank 234093 08/25/2016 General Fund Meetings & Travel - ED US Bank 234093 08/25/2016 General Fund Office Supplies - CM US Bank 234093 08/25/2016 General Fund Training & Travel - CM US Bank 234093 08/25/2016 General Fund Training & Travel - CM US Bank 234093 08/25/2016 General Fund Sales Tax Payable US Bank 234093 08/25/2016 General Fund Training & Travel - CM US Bank 234093 08/25/2016 General Fund Exp Belforte - CC US Bank Page 13 of 21 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Void Amount 497.81 638.81 -3.34 3.34 638.81 100.07 215.33 315.40 9.99 9.99 9.99 9.99 9.99 9.99 9.99 9.99 9.99 9.99 9.99 9.99 119.88 219.00 219.00 95.00 95.00 25.00 25.00 25.00 25.00 25.00 37.86 110.75 1.13 -1.13 525.00 33.50 Check Number Check Date Fund Name Account Name Vendor Name 234093 08/25/2016 General Fund Community Promo - CM US Bank Check Total: 234094 08/25/2016 General Fund Dues & Subscription - DS US Bank 234094 08/25/2016 General Fund Office Supplies - DS US Bank 234094 08/25/2016 General Fund Office Supplies - DS US Bank 234094 08/25/2016 General Fund Office Supplies - CH US Bank Check Total: 234095 08/25/2016 ISF - Information Technology Recruitment - IT US Bank 234095 08/25/2016 General Fund Recruitment - FIN US Bank 234095 08/25/2016 General Fund Recruitment - AS US Bank 234095 08/25/2016 General Fund Recruitment - FIN US Bank 234095 08/25/2016 General Fund Recruitment - Parks US Bank 234095 08/25/2016 General Fund Recruitment - Parks US Bank 234095 08/25/2016 General Fund Meetings & Travel - HR US Bank Check Total: 234096 08/25/2016 General Fund Meetings & Travel - ED US Bank Check Total: 234097 08/26/2016 General Fund Employee Expense Advanc Lisa El Sao Check Total: 234098 08/26/2016 General Fund Aflac Payable AFLAC Check Total: 234099 08/26/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 234099 08/26/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions Check Total: 234100 08/31/2016 ISF - Information Technology Softwr License & Maint - IT Accela, Inc Check Total: 234101 08/31/2016 General Fund Meetings & Travel - CM CAROL ADAMS Check Total: 234102 _ 08/31/2016 General Fund Rpr & Maint Non-Routine-PSMain Air West Filtration Check Total. 234103 08/31/2016 General Fund POST Training & Travel -Police Natalie Alves Page 14 of 21 Void Amount 19.92 852.03 75.00 17.05 326.03 350.10 768.18 275.00 75.00 75.00 75.00 99.00 75.00 207.48 881.48 26.51 26.51 100.00 100.00 1,516.84 1,516.84 200.00 400.00 600.00 9,309.00 9,309.00 79.92 79.92 178.46 178.46 18.00 Check Number Check Date Fund Name 234104 08/31/2016 General Fund 234105 08/31/2016 General Fund 234106 08/31/2016 General Fund 234106 08/31/2016 General Fund 234106 08/31/2016 General Fund 234107 08/31/2016 General Fund 234108 08/31/2016 General Fund 234109 08/31/2016 General Fund 234110 08/31/2016 General Fund 234111 08/31/2016 General Fund 234112 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund 234113 08/31/2016 General Fund Account Name Telephone - SpC Contract Svcs - RPCC Contract Svcs - SpC Contract Svcs - SpC Contract Svcs - SpC License Permit & Fee- PAC Rec Ref Clearing Telephone - PS Main Station Telephone - PS Bldg -South Telephone - PW Telephone - PS Bldg -North Spec Dept Exp - H Pool Spec Dept Exp - B Pool Spec Dept Exp - H Pool Spec Dept Exp -M Pool Repairs & Maint Routine -B Pool Repairs & Maint Routine -H Pool Repairs & Maint Routine -M Pool Repairs & Maint Routine -B Pool Repairs & Maint Routine -H Pool Repairs & Maint Routine -M Pool Page 15 of 21 Vendor Name Check Total: AT&T Check Total: Harvey Bell Check Total: Pete Breeland Pete Breeland Pete Breeland Check Total: CA Alcohol Beverage Control Check Total Caren Callaghan Check Total: Comcast Check Total: Comcast Check Total: Comcast Check Total: Comcast Check Total: Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Void Amount 18.00 26.85 26.85 689.00 689.00 26.00 23.40 26.00 75.40 650.00 650.00 30.00 30.00 17.67 17.67 6.12 6.12 26.89 26.89 4.33 4.33 20.01 117.30 117.30 117.28 762.12 58.30 420.00 120.71 120.71 120.72 Check Number 234113 234113 234113 234113 234113 234113 234113 234113 234113 234114 234115 234115 234115 234116 234117 234118 234118 234119 234119 234119 234120 Check Date Fund Name 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund Account Name Repairs & Maint Routine -B Pool Repairs & Maint Routine -H Pool Repairs & Maint Routine -M Pool Repairs & Maint Routine -B Pool Repairs & Maint Routine -H Pool Repairs & Maint Routine -M Pool Repairs & Maint Routine -B Pool Repairs & Maint Routine -B Pool Repairs & Maint Routine -B Pool Dues & Subscription - FIN Productions - Production Sales Tax Payable Productions - Production 08/31/2016 Abandoned Veh Abatement (AVA) Contracted Services - AVA 08/31/2016 General Fund Animal Shltr Training Fee Dep 08/31/2016 Wilfred Widening Maintenc JEPA TR -108 Wilird Rep Outside City 08/31/2016 Casino Public Service TR -108 Wild Rep Inside City 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund 08/31/2016 General Fund Repairs & Maint Routine - PW Sales Tax Payable Repairs & Maint Routine - PW Contract Svcs - RPCC 234121 08/31/2016 Water Utility Fund Repairs & plaint Routine -Water 234121 08/31/2016 General Fund Sales Tax Payable 234121 08/31/2016 Water Utility Fund Repairs & plaint Routine -Water Page 16 of 21 Vendor Name Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Commerical Pool Systems, Inc. Check Total: Costco Wholesale Membership Check Total: Costume Armour, Inc Costume Armour, Inc Costume Armour, Inc Check Total: Cream's South Towing Check Total: Linda Davis Check Total Drafrech Blueprinting, Inc Drafrech Blueprinting, Inc Check Total: Eureka Oxygen Co. Eureka Oxygen Co. Eureka Oxygen Co. Check Total: Robert Flannery Check Total: Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Void Amount 139.19 139.19 139.19 153.70 153.70 153.68 1,108.92 424.85 36.77 4,423.64 110.00 110.00 184.00 -10.50 10.50 184.00 1,000.00 1,000.00 95.00 95.00 2.80 0.46 3.26 0.93 -0.93 200.26 200.26 228.80 228.80 0.63 -0.63 137.97 Check Number Check Date Fund Name Account Name Vendor Name Check Total: 234122 08/31/2016 General Fund Contract Svcs - Comm Events Gerard Giudice Check Total: 234123 08/31/2016 General Fund POST Training & Travel -Police MARA GOLDY Check Total: 234124 08/31/2016 General Fund Ree Ref Clearing Maria Gonzalez Check Total: 234125 08/31/2016 Sewer Utility Fund Spec Dept Exp -Sewer Grainger, Inc. Check Total: 234126 08/31/2016 General Fund Contract Svcs - NonDept Granicus Inc Check Total: 234127 08/31/2016 General Fund POST Training & Travel -Police LINDA GRAY 234127 08/31/2016 General Fund POST Training & Travel -Police LINDA GRAY Check Total: 234128 08/31/2016 Water Utility Fund License Permit & Fees - Water Amber Hemmingsen-Chankin Check Total: 234129 08/31/2016 General Fund POST Training & Travel -Police IXII Group 234129 08/31/2016 General Fund POST Training & Travel -Police IXII Group 234129 08/31/2016 General Fund POST Training & Travel -Police IXII Group Check Total: 234130 08/31/2016 General Fund Repairs & Maint Routine -RPCC JAMC Janitorial Check Total: 234131 08/31/2016 General Fund License Permits & Fees -Police Aaron Johnson Check Total: 234132 08/31/2016 General Fund POST Training & Travel -Police JENNIFER JOHNSON Check Total: 234133 08/31/2016 General Fund Contract Svcs - DS Kaiser Foundation Health Plan Inc 234133 08/31/2016 General Fund Contract Svcs - DS Kaiser Foundation Health Plan Inc Page 17 of 21 Void Amount 137.97 500.00 500.00 18.00 18.00 400.00 400.00 4.12 4.12 450.00 450.00 18.00 18.00 36.00 125.00 125.00 198.00 297.00 99.00 594.00 499.12 499.12 117.00 117.00 18.00 18.00 240.00 300.00 Check Number Check Date Fund Name Account Name Vendor Name Check Total: 234134 08/31/2016 General Fund Rec Ref Clearing Antonia Moralez Check Total: 234135 08/31/2016 General Fund Productions - Production MUSIC THEATRE INTERNATIONAL Check Total: 234136 08/31/2016 General Fund Developer Refundable Deposits NBC Partners, LLC Check Total: 234137 08/31/2016 Sewer Utility Fund Accounts Payable Irineu Nery 234137 08/31/2016 Water Utility Fund Water Entr. /Accounts Paya Irineu Nery Check Total: 234138 08/31/2016 General Fund Training & Travel - Police Office of the Sheriff Contra Costa Co Check Total: 234139 08/31/2016 General Fund PG&E - Streets Pacific Gas & Electric Check Total: 234140 08/31/2016 General Fund PG&E - Streets Pacific Gas & Electric Check Total 234141 08/31/2016 General Fund PG&E - Streets Pacific Gas & Electric Check Total: 234142 08/31/2016 General Fund PG&E - Parks Pacific Gas & Electric Check Total: 234143 08/31/2016 General Fund PG&E - Parks Pacific Gas & Electric Check Total: 234144 08/31/2016 General Fund PG&E - Parks Pacific Gas & Electric Check Total: 234145 08/31/2016 General Fund PG&E - Streets Pacific Gas & Electric Check Total: 234146 08/31/2016 General Fund Rec Ref Clearing Luis Preccado Page 18 of 21 Void Amount 540.00 400.00 400.00 8.40 8.40 365.00 365.00 3.08 3.08 6.16 648.00 648.00 62.92 62.92 96.16 96.16 41.70 41.70 13.69 13.69 74.30 74.30 74.00 74.00 0.97 0.97 400.00 Check Number Check Date Fund Name Account Name 234147 08/31/2016 General Fund Developer Refundable Deposits 234148 08/31/2016 General Fund Self Insured Losses - Police 234149 08/31/2016 General Fund POST Training & Travel -Police 234150 08/31/2016 General Fund Developer Refundable Deposits 234151 08/31/2016 General Fund Ree Ref Clearing 234152 08/31/2016 General Fund Cyber Ins & Sfty Training-NonD 234153 08/31/2016 General Fund POST Training & Travel -Police 234154 08/31/2016 Water Utility Fund Water Conservation Measures 234154 08/31/2016 Sewer Utility Fund Water Conservation Measures 234155 08/31/2016 General Fund Contract Svcs - Police 234156 08/31/2016 SECA - State Seized Assets State Seizure Pending -Payable 234156 08/31/2016 SECA - State Seized Assets Interest Inc State Seized Asse 234157 08/31/2016 SECA - State Seized Assets State Seizure Pending -Payable 234157 08/31/2016 SECA - State Seized Assets Interest Inc State Seized Asse 234158 08/31/2016 General Fund Contract Svcs - Comm Events Page 19 of 21 Vendor Name Check Total: Professional Center, LLC Check Total: Pursuit North Check Total TRISHA RAJA Check Total: RALEYS Check Total: Rancho Cotati High School Class of 2016 Check Total: Redwood Empire Municipal Insurance Fund Check Total: Salinas Police Department Check Total. Mark Schaumann Mark Schaumann Check Total: Simple Office Solutions Check Total: Sonoma County Office of the District Attorne Sonoma County Office of the District Attome Check Total: Sonoma County Office of the District Attorne Sonoma County Office of the District Attorne Check Total: John Sorensen Void Amount 400.00 269.96 269.96 400.00 400.00 18.00 18.00 614.89 614.89 150.00 150.00 1,459.00 1,459.00 60.00 60.00 75.00 75.00 150.00 208.41 208.41 5,140.00 17.94 5,157.94 200,700.00 664.12 201,364.12 1,200.00 Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,200.00 234159 08/31/2016 General Fund Animal Shelter Fees - AS Eric Strand 95.00 Check Total: 95.00 234160 08/31/2016 General Fund Rec Ref Clearing Rebecca Tapia 400.00 Check Total: 400.00 234161 08/31/2016 General Fund Developer Refundable Deposits Tiffany Manor LP 844.60 Check Total: 844.60 234162 08/31/2016 General Fund Medications - AS VCA Animal Care Center of Sonoma County 35.00 234162 08/31/2016 General Fund Medications - AS VCA Animal Care Center of Sonoma County 3.21 Check Total: 38.21 234163 08/31/2016 General Fund Training & Travel - HR Lisa Weires 16.20 Check Total: 16.20 234164 08/31/2016 General Fund Spec Dept Exp - Streets Western Highway Products 4.00 234164 08/31/2016 General Fund Sales Tax Payable Western Highway Products -4.00 234164 08/31/2016 General Fund Spec Dept Exp - Streets Western Highway Products 1,032.90 Check Total 1,032.90 234165 08/31/2016 Water Utility Fund SystemRepair - Water Wheeler Zamaroni -0.74 234165 08/31/2016 General Fund Sales Tax Payable Wheeler Zamaroni 0.74 234165 08/31/2016 Water Utility Fund SystemRepair - Water Wheeler Zamaroni 441.62 Check Total. 441.62 234166 08/31/2016 General Fund Rec Ref Clearing Francisca Zamora 400.00 Check Total: 400.00 234167 08/31/2016 General Fund Court Order Payable CA FRANCHISE TAX BOARD 484.02 234167 08/31/2016 General Fund Court Order Payable CA FRANCHISE TAX BOARD 317.52 Check Total: 801.54 234168 08/31/2016 General Fund Medical Ins Hartford -Ret Med HARTFORD LIFE INS 28,732.60 Check Total: 28,732.60 234169 08/31/2016 General Fund HSABank Payable HSA Bank 1,113.00 Check Total: 1,113.00 Page 20 of 21 Check Number Check Date Fund Name Account Name Vendor Name Void Amount 234170 08/31/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 2,703.24 Check Total: 2,703.24 234171 08/31/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 2,840.84 234171 08/31/2016 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 1,575.00 Check Total: 4,415.84 234172 08/31/2016 General Fund Contract Svcs - HR Redwood Empire Municipal Insurance Fund 3,767.25 234172 08/31/2016 General Fund REMIF Health Ins Payable Redwood Empire Municipal Insurance Fund 34,010.15 234172 08/31/2016 General Fund Contracted Svcs - Ret Med Redwood Empire Municipal Insurance Fund 281.40 234172 08/31/2016 General Fund Contracted Svcs - Ret Med Redwood Empire Municipal Insurance Fund 2,061.30 234172 08/31/2016 General Fund REMIF Health Ins -Retiree Med Redwood Empire Municipal Insurance Fund 40,987.95 Check Total- 81,108.05 234173 08/31/2016 General Fund Rpea Dues CITY OF ROHNERT PARK 630.00 Check Total: 630.00 234174 08/31/2016 General Fund Scope Dues Payable SEIU Local 1021 1,204.57 Check Total. 1,204.57 234175 08/31/2016 General Fund United Way Payable United Way 43.26 AP -Checks for Approval (9/6/2016 - 2:19 PM) Page 21 of 21 Check Total: 43.26 Report Total: 441,570.64 Page 21 ROHNERT PARK FINANCING AUTHORITY CASH REPORT TO: The Chairman and Board Members of the Rohnert Park Financing Authority Darrin Jenkins, Executive Director CASH BALANCES AS OF JULY 31, 2016 2003 Lease Revenue Refunding Bonds: Lease Revenue Refunding Bonds -Revenue Fund Lease Revenue Refunding Bonds -Project Fund 2005 Sewer System R.C.O.P.'s Funds: Certificate Payment Fund r FROM: Betsy Howze, Finance Director Prepared By: Lori Newzell DATE: September 06, 2016 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $ 18.49 0.16 29.22 $ 47.87 CASH DISTRIBUTION AS OF July 31, 2016 CASH HELD BY FISCAL AGENTS: Maturity Interest Source of Investment Institution Date Rate Par Value Market Value Valuation 2003 Lease Revenue Refundina Bands Lease Rev Refdg Bds-Revenue Fund: Blackrock Prov Tfund N/A 0.220% $ Lease Rev Refdg Bds-Project Fund: Blackrock Prov Tfund N/A 0.000% T t 1 $ 18.49 $ 18.49 Note (1) 0.16 0.16 Note (1) 2005 Sewer System RCOP's Funds: Certificate Payment Fund: Blackrock Prov Tfund N/A 0.240% $ 29.22 $ 29.22 Note (1) $ 29.22 $ 29.22 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH 18.65 29.22 47.87 Investment Yield for July 31, 2016 0.231% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. Note (1) The source of valuation for this investment is the month end Union Bank Trust Statements. The Par Value and Market Value are typically the same as interest is credited and paid monthly. HOUSING SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARS! CASH REPORT TO: The Chairman and Members of the Community FROM: Betsy Howze, Finance Director Housing Successor Agency of the City of Rohnert Park Darrin Jenkins, Executive Director CASH BALANCES AS OF JULY 31, 2016 Low & Moderate Income Housing Housing Fund Bond Proceeds (2007H TABs) Debt Service Fund (2007H TABs) Prepared By: Lori Newzell DATE: September 06, 2016 $ 2,478,669.91 13,772,805.59 742,390.64 TOTAL HOUSING SUCCESSOR AGENCY CASH $ 16,993,866.14 CASH DISTRIBUTION AS OF July 31, 2016 Checking Accounts: Interest Rate Exchange Bank Checking Account #44042 0.03% $ 2,478,669.91 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value 2007H TAB'S Union Bank -Trustee 2007H Redevelopment Project Fund (Housing) Tax Allocation Bonds: Blackrock Prov Tfund Treas. Note N/A 0.22% $ 13,772,805.59 $13,772,805.59 Note (1) 2007H Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0.22% 742,390.64 742,390.64 Note (1) $ 14,515,196.23 $14,515,196.23 14,515,196.23 TOTAL HOUSING SUCCESSOR AGENCY CASH Investment Yield for July 31, 2016 0.192% $16,993,866.14 INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Housing Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. The funds to meet the agency's expenditures will be determined by the State Department of Finance. Note (1) The source of valuation for these investments is their respective monthly statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK CASH REPORT TO: The Chairman and Members of the Community Redevelopment Successor Agency of the City of Rohnert Park Darrin Jenkins, Executive Director CASH BALANCES AS OF JULY 3122016 RPTTF Funds (1) Debt Service Special Fund (2001 TARBs) Debt Service Reserve Fund (1999 TABS) (2) Redevelopment Fund (1999 TABs) (3) Debt Service Fund (2007R TABs) (1) TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH (1) Appropriated for debt service payments & ROPS obligations. (2) Required minimum debt service reserves. (3) Tax Allocation Bond Proceeds residual interest. FROM: Betsy Howze, Finance Director Prepared By: Lori Newzell DATE: September 06, 2016 734,928.25 872,106.25 2,150,324.30 69.47 1,280,084.39 $ 5,037,512.66 CASH DISTRIBUTION AS OF July 31, 2016 Checking Accounts: Interest Rate Exchange Bank Checking Account #44042 0.03% $ 734,928.25 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value 2001 TARB'S Union Bank -Trustee Tax Allocation Refunding Bonds Special Fund: Blackrock Prov Tfund N/A 0.220% $ 872,106.25 $ 872,106.25 Note (1) $ 872,10625 $ 872,106.25 872,106.25 1999 TAB'S: Union Bank -Trustee 1999 Tax Allocation Bonds Redevelopment Fund: Blackrock Prov Tfund Trees. Note N/A 0.230% $ 69.47 $ 69.47 Note (1) Total 1999 Tax Allocation Bonds Redevelopment Fund $ 6947 $ 69.47 69.47 Union Bank -Trustee 1999 Tax Allocation Bonds Reserve Fund: Blackrock Prov Tfund Trees. Note N/A 0.220% $ 1,756,768.16 $ 1,756,768.16 Note (1) 1999 Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Trees. Note N/A 0220% 393,556.14 393,556.14 Note (1) Total 1999 Tax Allocation Bond Fund $ 2,150,324.30 $ 2,150,324.30 2,150,324.30 2007R TAB'S Union Bank -Trustee 2007R Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Trees. Note N/A 0.010% $ 1,280,084.39 $ 1,280,084.39 Note (2) Total 2007R Tax Allocation Bonds Fund $ 1,280,084.39 $ 1,280,084.39 1,280,084.39 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH $ 5,037,512.66 Investment Yield for July 31, 2016 0.139% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Redevelopment Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006. Due to the dissolution of the redevelopment agencies by the State of California the funds to meet the agency's expenditures will by determined by the State Depatment of Finance. Note (1) The source of valuation for these investments is their respective monthly Union Bank Trust Statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. Note (2) The source of valuation for this investment is the month end Union Bank Trust Statements City of Rohnert Park Cash Report As of July 31, 2016 To: The Honorable Mayor & Members of the City Council From: Betsy Howze, Finance Director Darrin Jenkins, City Manager Prepared By: Lori Newzell Summary of General Fund Cash Total General Fund Cash $ 9,411,778.44 Restricted (External) $ 930,181.62 Assigned 7,587,940.00 Subtotal (not available to spend) 8,518,121.62 Unassigned $ 893,656.82 Restricted Detail: Refundable Deposits $ 819,082.53 Housing Program 80,196.00 Senior Center Donations 30,903.09 $ 930,181.62 Assigned Detail: Operating Reserve $ 3,828,518.00 Contingency Reserve 2,754,259.00 Insured Losses Reserve 998,268.00 Retiree Health Savings Reserve 6,895.00 101.88 $ 7,587,940.00 Enterprise Fund Cash Water Utility Operations Fund $ 3,843,333.34 Water Capital Fund Graton Special Enforcement Activity 375,912.00 Water Revenue Bonds 2,126,412.05 101.88 Sewer Utility Operations Fund Casino Waterway MOU 3.3 Fund 10,798,860.51 Sewer Capital Fund 2,333,820.15 (128,299.03) JEPA Deposit - Wastewater Casino Vehicle Contribution 501,049.09 Recycled Water Operation Funds 65,498.13 Garbage Utility Operations Fund 660,207.65 Golf Course Enterprise Fund 4,212.97 Total Enterprise Fund Cash $ 16,120,876.54 Internal Service Fund Cash Information Technology Fund $ 381,882.77 Information Technology Lease Purchase Escrow 163,301.30 Vehicle/Equipment Replacement Fund 1,296,000.93 Fleet Services Fund 120,063.22 I SF -Infrastructure 1,454,507.36 Total Internal Service Fund Cash $ 3,415,755.58 Special Revenue Funds Gas Tax Funds: Sec. 2107 Maint/Const $ 2,497,201.99 Gas Tax Funds: Sec. 2107.5 Eng/Admin 70.31 Graton Special Enforcement Activity 269,728.10 Casino Public Safety Capital Contribution 2,126,412.05 Problem Gambling MOU 3.2 Fund 130,000.59 Casino Waterway MOU 3.3 Fund 105,444.56 Casino Public Service MOU 3.4.2 Fund 2,333,820.15 Casino Supplemental MOU 3.4 Fund 2,115,008.47 Casino Vehicle Contribution 486,910.73 Page 1 of 3 City of Rohnert Park Cash Report (Continued) As of July 31, 2016 Special Revenue Funds - (Continued) Alcohol Beverage Sales Ordinance #70 Fund 78,470.66 Vehicle Abatement Fund 342,715.46 Traffic Safety Fund 71,497.76 General Plan Maintenance Fee Revenue Fund 403,345.86 Spay and Neuter Fee Special Revenue Fund 42,873.61 Federal Asset Forfeiture Special Revenue Fund 7,694.19 State Asset Forfeiture Special Revenue Fund 306,868.50 PAC Capital Facilities Fund 89,518.22 Sports Center Facility Cap Reserve 81,748.45 Per Acre For Development Fee Fund 687,803.28 Sewer Capacity Charge Fund 273.23 Refuse Road Impact Fee Fund 1,175,123.26 Measure M Streets Fund 301,394.57 Affordable Housing Linkage Fee Fund 124,403.56 Traffic Signals Fund 1,497,861.91 Regional Traffic Fee Fund 325,272.02 Explorer Program Fund 8,491.65 Cal Disability Act Fund 7,858.49 Buildg Standard Sp SB1473 178.42 Public Facilities Finance Admin Fund 751,053.33 Public Facilities Finance Fee Fund 1,166,193.41 SLESF Fund 204,073.44 DIVCA AB2987/PEG Fees Fund 471,308.26 6.6.2 -Wilfred JEPA Fund 622,362.09 Prop M Fire Assessment 114,013.80 Copeland Creek Drainage Fund 53,850.19 Total Special Revenue Funds $ 19,013,815.71 Capital Project Funds City Capital Projects $ 350,318.61 Wilfred Dowdell Specific Plan Mitigation Program 13,024.24 2007 R Bond Proceeds 3,548,629.66 Total Capital Projects Funds $ 3,911,972.51 Permanent Funds Performing Arts Center Donations $ 685,914.00 Dorothy Spreckels Endowment Fund (1) 500,000.00 Total Permanent Fund $ 1,185,914.00 Trust & Agency Funds Rent Appeals Board Fund $ 149,168.20 Rohnert Park Foundation 17,316.00 Federal Seized Assets 239,985.12 State Seized Assets 1,326,181.64 Total Trust & Agency Funds $ 1,732,650.96 Total Cash All City Funds $ 54,792,763.74 (1) Per the 1st amendment to the Dorothy Spreckels 1999 Trust, Section 3.4.1; $500,000 is "to be held as an endowment fund. The income of the fund (but no part of the principal or appreciation thereof, realized or unrealized) shall be used for the general charitable purposes of the City of Rohnert Park's Dorothy Rohnert Spreckels Preforming Arts Center" Page 2 of 3 CITY OF ROHNERT PARK -SCHEDULE OF INVESTMENTS AS OF JULY 31, 2016 2002C CSCDA W/W Rev Bonds 0.230% $ 79.03 Maturity Note (5) Investment Investment Valuation Bank Name Type Date % Int. Par Value Market Value Source Exchange Bk Recreation Checking Ckg N/A 0.030% $ 2,469.92 $ 2,46992 Note (1) Exchange Bk Operating Checking Ckg N/A 0.030% 11,872,941.54 11,872,941.54 Note (1) Exchange Bk Payroll Checking Ckg N/A 0.000% 47,345.42 47.345.42 Total Business Checking Accounts 0.020% $_ _11,922,756.88 $ 11,922,756.88 Petty Cash Cash N/A 0.000% $ 3,776.00 $ 3,776.00 Note (2) typically equal. Interest is received quarterly. 0.000% $ 3.776.00 $ 3.776.00 Note (6) These funds are held as a deposit from Graton Tribe for Wilfred Widening project. WFS Synovus Bank CD 08/15/16 0.800% $ 249,000.00 $ 249,028.64 Note (1) WFS Comenity Capital Bank CD 08/18/16 0800% 250,000.00 250,036 00 Note (1) WFS Ally Bank CD 08/22/16 0.900% 248,000.00 248,058.03 Note (1) WFS Discover Bank CD 08/22/16 0.900% 248,000.00 248,058.03 Note (1) WFS GE Capital Bank CD 08/22/16 0850% 248,000.00 248,051 34 Note (1) WFS Goldman Sachs Bank CD 08/22/16 0.800% 249,000 00 249,045.32 Note (1) WFS Park Nall Bank CD 08/22/16 0.850% 250,000.00 250,052.00 Note (1) WFS Peoples United Bank CD 08/22/16 0.850% 248,000.00 248,051.58 Note (1) WFS Merrick Bank CD 08/29/16 0.850% 250,000 00 250,071.25 Note (1) WFS Bank Leumi USA NY CD 09/12/16 0.800% 248,000.00 248,092.26 Note (1) Total CD Investments 0.840% $ 2,488,000.00 $ 2,488.544.45 State of Calif.-LAIF Pooled N/A 0.588% $ 7,359,261.95 $ 7,359,261.95 Note (3) So. Co. Investmt. Pool Pooled N/A 0.865% 32,307,905.71 32,307,905.71 Note (4) Total Managed Pools 0.727% $ 39.667,167.66 $ 39,667.167.66 Subtotal 0.603% $ 54,081,700.54 $ 54,082,244.99 2002C CSCDA W/W Rev Bonds 0.230% $ 79.03 $ 7903 Note (5) 2005A CSCDA W/W Rev Bonds 0.210% 22.85 22.85 Note (5) Total Revenue Bonds 0.010% $ 101.88 $ 101.88 Money Market Funds held at Zions Bank Cash N/A 0.000% $ 163,301.30 $ 163,301 30 Note (8) Wilfred Widening Construction Dep M.M. N/A 0.030% 46,610.93 46,610.93 Nate (6) JEPA Deposit Ckg N/A 0.070% 501,049.09 501,049.09 Note (7) Total Dedicated Portfolios 0.050% $ 710,961.32 $ 710,961.32 Totals $ 54,792,763.74_ $ 54,793,308.19 Note (1) Investments in Medium Tenn Notes, Certificates of Deposits, checking and savings accounts. Note (2) Petty Cash kept in cash drawers at each City cash collection site. Note (3) These are funds invested in the Local Agency Investment Fund, State of California. Current Market Value and Par Value are typically equal. Interest is received quarterly Note (4) These are funds invested in the Sonoma County Investment Pool. Current Market Value and Par Value are typically equal. Interest is received quarterly. Note (5) These funds are being held by Union Bank of California. Note (6) These funds are held as a deposit from Graton Tribe for Wilfred Widening project. Note (7) These funds are held as a deposit per section 6.1.1 of the Graton Wastewater JEPA. Note (8) These funds are being held in escrow by Zions Bank for IT lease purchase. POOLED INVESTMENT SUMMARY BY TYPE July 31, 2016 # of % of Avg. Average Days Investment Type lnvmnts Portfolio YTM Par Value Market Value Until Maturity Business Checking 2 21.76% 0.020% $ 11,922,756.88 $ 11,922,756 88 1 Petty Cash 1 0.01% 0.000% 3,776 3,776 0 CDs -Banks 10 454% 0000% 2,488,000 2,488,544 24 Managed Pools(IAIF/SCIP) 2 7239% 0.727% 39,667,168 39,667,168 1 Cash with Trustee 2 0.00% 0.010% 101.88 101.88 1 Dedicated Portfolios 3 1.30% 0.05_0% 710,961.32 710,961.32 1 20 100.00% $ 54.792,763.74 $ 54,793.308.19 Page 3 of 3 �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." CAL lF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Zach Tusinger, Planner I ITEM NO. 7C 1 Agenda Title: Determination of Public Convenience and Necessity for a Type 20 Off -Sale Beer and Wine License for Oxford Suites Located at 67 Golf Course Drive West (APN 045-055-030) RECOMMENDED ACTION: Approve a Resolution denying a request to make a determination of Public Convenience and Necessity for a Type 20 Off -Sale Beer and Wine License for Oxford Suites located at 67 Golf Course Drive West (APN 045-055-030). BACKGROUND: Oxford Suites will have a bar attached to its first floor restaurant that will offer for sale wine, beer, and distilled spirits to guests and invitees. Additionally, Oxford Suites is proposing to offer alcohol for sale in a small gift -shop adjacent to check-in. The applicant, OS Innco, Inc., on behalf of Oxford Suites, has applied to the Department of Alcoholic Beverage Control (ABC) for two licenses. The restaurant bar area requires a Type 70 On -Sale General Restrictive License, while the sale of alcohol in the gift -shop requires at Type 20 Off -Sale Beer and Wine License. The Type 20 license is subject to a state moratorium that became effective May 9, 2011 (Attachment 1) on the issuance of off -sale beer and wine licenses for certain cities and counties, including Sonoma County. Because of the moratorium, the California Department of Alcoholic Beverage Control (ABC) requires that the applicant seek a determination by the Rohnert Park City Council that approval of the Type 20 License by ABC would serve a public convenience and necessity (PCN). The request for both permits (on -sale and off -sale) also requires review under Section 8.34 — Use Permits for Alcoholic Beverage Establishments of the Rohnert Park Municipal Code. Staff has reviewed the Municipal Code and determined that the restaurant and bar sales, which will be covered by the Type 70 license and which require a Conditional Use Permit, were proposed, evaluated, and approved with the Conditional Use Permit for the larger Oxford Suites project. While Section 8.34 requires that the Director of Public Safety (Director) also issue a permit for the on -sale alcohol sales, the findings and conditions adopted by the Planning Commission when it approved the Oxford Suites project, satisfy the Municipal Code requirements for on -sale alcohol sales and can be used by the Director to issue the administrative permit required by the Municipal Code. This staff report focuses on the findings required for the off -sale sales permit and the Type 20 license. ITEM NO. 7C 1 ANALYSIS: The gift -shop where the applicant proposes the off -sale liquor service is 130 square feet in size. It will be located in the hotel lobby and offer various sundries, souvenirs, and personal care items as well as alcohol. The purpose of the gift shop is to serve the daily needs and convenience of hotel occupants. Due to the small size of this store, it is not intended to cater to the general public. Under the Business and Professions Code, the City Council can make a determination of public convenience and necessity by addressing the criteria outlined below. 1. The type of patrons that will be catered to (families, tourists, specific ethnic groups, students, evening entertainment crowd etc.); 2. The type of environment/atmosphere offered; 3. How the establishment would differ from those in the immediate area that are currently licensed by ABC; and 4. Determination that the establishment would not have a negative impact on the surrounding community. Because the proposed gift shop will generally serve tourists (e.g. hotel guests) and will be integrated within the lobby of an upscale hotel (which is unique to the area), staff believes that the City Council can make the first three findings. However, the location is in an elevated crime reporting district (Beat 2). Based on experience with other hotels in the area, Public Safety staff has expressed concern that hotel employees do not ordinarily receive training in the sale of alcoholic beverages which results in sales to minors that is difficult to monitor and prevent. Given this experience, staff is recommending that the City Council not make a finding that the off -sale license would not have a negative impact on the community. Because the fourth criteria cannot be adequately addressed, staff is recommending that the City Council deny the determination of public convenience and necessity for the Type 20 license. Per the Municipal Code, the Director of Public Safety must consider five criteria when issuing an on -sale or off -sale permit. These are: 1. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; 2. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity; 3. The proposed off -sale establishment is eleven thousand square feet or less in size and is not located within five hundred feet of any existing schools, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of eleven thousand square feet or less in size; 4. The proposed on -sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48; and 5. The proposed establishment is not located in a high -crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur. As noted above, for the proposed on -sale permit, staff believes the Planning Commission's approval and conditions ensure that these considerations have been addressed. However, for the proposed off -sale permit, the City Council would need to make the determination of convenience 2 ITEM NO. 7C 1 and necessity (not recommended) and the Director would need to consider the neighborhood context. As noted above, the location is in an area with elevated crime reporting. In addition, staff has reviewed the neighborhood context within 500 feet of the hotel (Attachment 2). Several gas station convenience stores are located within the immediate vicinity of the site. Walmart, which sells a full range of alcoholic beverages, is also located to the north of the subject site. Because it is difficult to satisfy the criteria for the finding of public convenience and necessity and the considerations required by the Municipal Code, staff is not recommending Council approval of the request for a determination of PCN for the off -sale license. STRATEGIC PLAN ALIGNMENT: This action is consistent Strategic Plan Goal D — Continue to Develop a Vibrant Community. Specifically, the recommended action aligns with previously issued approvals that implement the City's Wilfred-Dowdell Specific Plan. OPTIONS CONSIDERED: 1. Recommended Option: Adopt a Resolution Denying a Finding of Public Convenience and Necessity for the Type 20 License. Staff believes such a finding cannot be justified given the location of the project, the crime reporting history in the area, and the requirements of the Municipal Code. 2. Alternative: Approve a Finding of Public Convenience and Necessity for the Type 20 License. This option is not recommended because of the crime reporting history in the area, and the proximity to other off -sale alcoholic beverage establishments. Should Council wish to make this approval, staff recommends developing additional conditions of approval for the off -sale permit that will address the Department of Public Safety's concerns regarding training of hotel staff and potential sales to minors. FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact associated with the recommended action. However, the operation of the Oxford Suites Hotel is expected to have a positive fiscal impact for the City because of the transient occupancy tax generated through its operation. Department Head Approval Date: August 17, 2016 Finance Director Approval Date: N/A City Attorney Approval Date: August 18, 2016 City Manager Approval Date: August 31, 2016 Attachments: 1. Attachment 1 — Department of Alcoholic Beverage Control 2011 Moratorium Counties/Cities 2. Attachment 2 — Location Map of Oxford Suites Area 3. A Resolution of The City Council of The City of Rohnert Park Denying a Request to Make a Determination of Public Convenience and Necessity For a Type 20 Off -Sale Beer & Wine License For Oxford Suites Located at 67 Golf Course Drive West (APN 045-055-030). Attachment 1 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2500 2411 Moratoriull'i Counties/Cities 2011 Moratorium Figures — Section 23817.5 B & P Cade On January 1. 1998. Section 23817.5 was amended to permanently establish a moratoritlni on the issuance of off -sale and wine licenses (Type 20) in cities and counties where the ratio of Type 20 licenses exceeds one for each 2.500 inliabitants. In the city and county of San Francisco. the ratio has been established as one for each 1.254 inhabitants. The San Francisco computation combines off -sale beer and wilie license with off -sale general licenses for the purpose of establishing the ratio. Enclosed are the following lists and a neap showing the new Type 20 license limitation data: o List of Counties wit11 their moratorium status. o List of Cities In Counties with partial moratorium status. o Sulnmaly of Changes to Moratorium Counties/Cities. Please note the changes in moratorium counties compared to the 2005 list. There have been changes in some of the cities within the current 11 non -moratorium counties. The neve moratorium lists are effective as of May 9, 2011 and will be in effect until recalculated in approximately fire years, u1 accordance with Section 23817.9. The enclosed lists and map may be distributed to all interested parties. If you have any questions or need additional nifo1niation. please contact Debbie Holden: Email: Debra.Holdeniabc.ca.izov Phone: (916) 419-2535 MORATORIUM - COUNTIES - SECTIO'-% 23817-5 B.P, CODE May 9, 2011 COUNTY MORATORIUM COUNTY Alameda No Orange Alpine YES Placer Amador YES Phuilas Butte YES Riverside Calaveras YES Sacramento Colusa YES San Benito Contra Costa No Sail Bemarditio Del Norte YES Sail Diego El Dorado YES San Francisco Fresno YES Sail Joaquin Glenn YES Sail Luis Obispo Humboldt YES Sail Mateo huperial YES Santa Barbara 111yo YES Santa Clara Kern YES Santa Cruz Kings YES Shasta Lake YES Sierra Lassen YES Siskiyou Los Angeles No Solana Madera YES Sonoma Marin YES Stanislaus. Mariposa YES Slitter Mendocino YES Tehania Merced YES Trinity Modoc YES Tulare Mono YES Tuohnnne Monterey YES Venti-wa Napa YES yolo Nevada YES Yuba 'NIORATORIUM NO YES YES NO NO YES NO NO YES YES YES NO YES No YES YES YES YES No YE.S YES YES YES YES YES YES No YES YES Attachment 2 Oxford Suites Area < N MID ■ walmart� 70 w E ON 101 03 ■ E] ■ + S Home chi S Depot \ OL d. Oxford 500 ft Suites Golf Course D76-Slation CC Cir West f- MIMAart ri Arnv:s ri To El to Kitchen 'I-, E ■ � q X AID 0 ft Redwood Parkw-'ay In n Out Sh et I I - 00j r,00a Sportsman's Ut! G�arehouse raton Lv Casino■ ■ Legend a Gas-MiniMads ■ Parcels ■ LZJ selected Buildings Business Park aaa 0 400 no ft RESOLUTION NO. 2016-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DENYING A REQUEST TO MAKE A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF -SALE BEER & WINE LICENSE FOR OXFORD SUITES LOCATED AT 67 GOLF COURSE DRIVE WEST (APN 045-055-030) WHEREAS, on April 26, 2012, the Planning Commission of the City of Rohnert Park approved a Conditional Use Permit for the Oxford Suites to allow for the operation of a hotel; and WHEREAS, Oxford Suites will include a gift shop in its lobby that provides various food, sundry, and personal care items intended to serve the daily needs of hotel occupants, and a bar on its first floor that will primarily cater to hotel patrons and their guests; and WHEREAS, Oxford Suites has requested a Type 70 license to sell on -sale alcohol at its bar and Type 20 license to sell alcohol off -sale in the gift shop from the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Rohnert Park Municipal Code Section 8.34 governs the approval of on -sale and off -sale alcohol sales; and WHEREAS, the on -sale and service of beer, wine, and distilled spirits in the bar at this location will serve hotel patrons and their guests rather than the general public and given this environment, the service of alcohol can be expected to be done in a manner that does not negatively impact the surrounding area; and WHEREAS, the bar is an accessory and incidental use of the hotel and its presence was clearly indicated and approved with the hotel's Conditional Use Permit which also satisfies the requirements of Rohnert Park Municipal Code Section 8.34; and WHEREAS, off -sale alcohol sales were not clearly indicated or approved with the hotel's conditional use permit but may be permitted by ABC through a license authorized under Business and Professions Code Section 23817.7 if the City Council determines that public convenience or necessity would be served by the issuance; and WHEREAS, Section 8.34 of the Municipal Code also requires the determination of public convenience and necessity as one of the considerations for an off -sale permit; and WHEREAS, a finding of public convenience and necessity requires consideration of impacts to the surrounding community; and WHEREAS, Oxford Suites will be located within 500 feet of an existing off -sale alcoholic beverage establishment; and WHEREAS, Oxford Suites is located in area of the City with higher than average reported crimes; and WHEREAS, the Department of Public Safety has identified community impacts including specific public health and safety risks because of possible illegal sale to minors and adults under the legal drinking age, and an over -concentration of establishments that sell alcohol in the immediate vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the above referenced recitals are true and correct and material to the adoption of this Resolution. BE IT FURTHER RESOLVED that the City Council hereby finds and determines that Planning Commission's findings and Conditional Use Permit support the approval of the on -sale bar service, including a Type 70 license from the ABC and any additional permits required under the Rohnert Park Municipal Code. BE IT FURTHER RESOLVED that the City Council hereby finds and determines that a Type 20 Off -Sale Beer & Wine License to Oxford Suites at 67 Gold Course Drive West (APN 045-055-030) does not serve a public convenience and necessity, and therefore the request for such a determination is denied. BE IT FURTHER RESOLVED that the City Manager, the Development Services Director and the Director of Public Safety are authorized to take all actions necessary and appropriate to effectuate these findings and determinations. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-86 Meeting Date: Department: Submitted By: Prepared By: 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 September 13, 2016 Development Services Mary Grace Pawson, Director of Development Services Eydie Tacata, Management Analyst ITEM NO. 7C2 Agenda Title: Authorizing City Manager to Execute Administering Agency -State Agreement for Federal Aid Projects No. 04-5379FI5 and Other Agreements and Amendments for Federal and State Funding with the State of California Department of Transportation (Caltrans) RECOMMENDED ACTION: Consider and adopt a resolution to authorize the City Manager to approve and execute Administering Agency -State Agreement for Federal Aid Projects No. 04-5379FI5 ("Master Agreement") and delegate authority to City Manager to approve and execute Master Agreement and other Agreements and Amendments with the State of California Department of Transportation for Federal and State funding. BACKGROUND: The City utilizes Federal and State funding to improve its transportation infrastructure. The California Department of Transportation (Caltrans) oversees the use of Federal funding on behalf of the Federal Highway Administration, administers and disburses the funds to local agency recipients, and helps local agencies comply with Federal and State laws pertaining to the funds. In order for local agencies to access funding, Caltrans requires that funding recipients enter into an Administering Agency -State Agreement for Federal -Aid Projects ("Master Agreement"), which sets forth the terms and conditions applicable to the City's use of the funds. The Master Agreement between the City and Caltrans currently in place was approved and executed nine years ago. In order to reflect changes to the Code of Federal Regulations (2 C.F.R. 200) and also incorporate recent Caltrans policy and procedural changes, Caltrans has updated their Master Agreement and provided it to the City for approval and execution. The process for applying for Federal transportation funding also requires a resolution from the agency's governing body designating who is authorized to execute Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and Certifications of Right -of -Way. The enabling resolution currently in place, Resolution No. 2007- 105 adopted by the City Council on June 26, 2007, designates the City Manager as the official authorized to execute the funding documents listed above, however, it does not list the Certification of Right -of -Way, which is required by the Master Agreement and is regularly submitted by the City for projects seeking funding obligations. ITEM NO. 7C2 ANALYSIS: In order for the City to continue to access State and Federal funds for projects, staff recommends that the City Council approve the updated Master Agreement without changes. The Master Agreement currently in place has outdated Federal regulations references, as well as timelines and other provisions that are not in line with current Caltrans processes. It is necessary to replace the existing Master Agreement to help the City comply with the most recent requirements. In their transmittal of the updated Master Agreement to the City, Caltrans specifically states that "alterations should not be made to agreement language or funding." Staff also recommends adopting the attached resolution delegating authority to the City Manager to approve and execute Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, Fund Transfer Agreements, Certifications of Right -of -Way and amendments thereof. This delegation of authority will streamline the process of assembling and submitting funding applications and reimbursement requests. OPTIONS CONSIDERED: None. The updated Master Agreement and resolution designating authority to execute agreements are required to access funding necessary to deliver projects approved by the City Council through the adopted Capital Improvement Plan Budget. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community, as the updated Master Agreement and delegation of authority to the City Manager to approve and execute various funding -related agreements with Caltrans will allow continued access to transportation funding to improve the community's assets. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact for this particular proposed Council action to approve the Master Agreement with Caltrans and delegate approval and signing authority to the City Manager. However, the resulting Master Agreement will allow access to Federal and State funds which are restricted and specific to the projects described by program supplements to the Master Agreement, which are separately considered and approved as they arise. Department Head Approval Date: 08/31/2016 Finance Manager Approval Date: 08/29/2016 City Attorney Approval Date: N/A City Manager Approval Date: 09/01/2016 Attachments (list in packet assembly order): 1. Resolution Authorizing City Manager to Execute Administering Agency -State Agreement for Federal Aid Projects No. 04-5379F and other Agreements and Amendments for Federal and State Funding with the State of California Department of Transportation (Caltrans) 2. Exhibit A to Resolution: Administering Agency -State Agreement for Federal Aid Projects No. 04-5379F15 2 RESOLUTION NO. 2016-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING CITY MANAGER TO APPROVE AND EXECUTE ADMINISTERING AGENCY — STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 04-5379F15 AND OTHER AGREEMENTS AND AMENDMENTS FOR FEDERAL AND STATE FUNDINGWITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) WHEREAS, the City of Rohnert Park ("City") is eligible to receive Federal and/or State transportation funding administered by the State of California Department of Transportation (Caltrans); and WHEREAS, Administering Agency -State Agreement for Federal Aid Projects No. 04-5379 dated July 19, 2007 between the City and Caltrans which requires updating; and WHEREAS, Caltrans has updated the Master Agreement to incorporate current Federal and State policies and has provided a revised Master Agreement attached hereto as Exhibit A, Administering Agency — State Agreement for Federal Aid Projects No. 04-5379F15, which upon full execution, enables the City to request and receive Federal -aid funds; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and Certifications of Right -of -Way must be executed with Caltrans before such funds can be claimed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Manager is hereby authorized and directed to take all actions for and on behalf of the City of Rohnert Park, including approval and execution, if necessary, to effectuate Administering Agency — State Agreement for Federal Aid No. No. 04-5379F 15, in substantially similar form to the agreement attached hereto as Exhibit A and incorporated by this reference. BE IT FURTHER RESOLVED that the City Council does hereby delegate authority to the City Manager to approve and execute all Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, Fund Transfer Agreements, Certifications of Right -of - Way and any amendments thereto with Caltrans. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. ATTEST: City Clerk CITY OF ROHNERT PARK Gina Belforte, Mayor Attachment: Exhibit A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A to Resolution MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS 04 City of Rohnert Park District Administering Agency Agreement No. 04-53791715 This AGREEMENT, is entered into effective this day of , 20 , by and between City of Rohnert Park, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 26 EXHIBIT A to Resolution ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project -specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA). 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully -described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA). 3. The E -76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal -aid project performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project - specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s). Page 2 of 26 EXHIBIT A to Resolution 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project -specific PROGRAM SUPPLEMENT. Page 3 of 26 EXHIBIT A to Resolution 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant. 16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days. of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 EXHIBIT A to Resolution ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR, Part 24. Page 5 of 26 EXHIBIT A to Resolution 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate. Page 6 of 26 EXHIBIT A to Resolution ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 26 EXHIBIT A to Resolution ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. 9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 EXHIBIT A to Resolution 11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Page 9 of 26 EXHIBIT A to Resolution 20. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non -A&E services), and other applicable STATE and FEDERAL regulations. 21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 EXHIBIT A to Resolution ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. 6. ADMINISTERING AGENCY shall not award a non -A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 EXHIBIT A to Resolution 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 EXHIBIT A to Resolution ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Page 13 of 26 EXHIBIT A to Resolution ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value, of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT. Page 14 of 26 EXHIBIT A to Resolution 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate .funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. Page 15 of 26 EXHIBIT A to Resolution 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION City of Rohnert Park 11 Chief, Office of Project Implementation Division of Local Assistance Date City of Rohnert Park Representative Name & Title (Authorized Governing Body Representative) Date Page 16 of 26 EXHIBIT A to Resolution EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 EXHIBIT A to Resolution (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18 of 26 EXHIBIT A to Resolution .■ C NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 EXHIBIT A to Resolution 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. Page 20 of 26 EXHIBIT A to Resolution 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program. Page 21 of 26 EXHIBIT A to Resolution APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 EXHIBIT A to Resolution (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 23 of 26 EXHIBIT A to Resolution The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 24 of 26 EXHIBIT A to Resolution APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 26 EXHIBIT A to Resolution /_199XIL197Ey-911r61:001142 KE The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 ,�,dt{NERT rARK ITEM NO. 7C3 Mission Statement .•� 62 "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow. " CA LIFp RN IP CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Eydie Tacata, Management Analyst Agenda Title: Authorizing City Manager to Approve and Execute Program Supplement Agreement No. F013 for the Street Smart Rohnert Park Project (Federal Project No. CML-5379(021)/City Project No. 2013-02) RECOMMENDED ACTION: Consider and adopt a resolution authorizing the City Manager to execute Program Supplement Agreement No. F013 for the Street Smart Rohnert Park Project (Federal Project No. CML -5379(021) / City Project No. 2013-02. BACKGROUND: The Metropolitan Transportation Commission ("MTC") determines through jurisdictional allocations and competitive grants, projects that will receive Federal and State transportation funding. The State Department of Transportation ("Caltrans") administers these funds. Caltrans and the City have entered into an Administering Agency -State Agreement for Federal Aid Projects ("Master Agreement"), which stipulates the terms and conditions for the City's access and use of Federal and State funds. For each project receiving funding, Caltrans provides a "Program Supplement Agreement" to the Master Agreement, specifying the funding program, grant amount, project phase funded, and roles and responsibilities of Caltrans and the City. A fully -executed Program Supplement Agreement allows Caltrans to encumber the project funds so that reimbursement payments can be made. Caltrans has recently provided Program Supplement Agreement No. F013 to Administering Agency -State Agreement for Federal Aid Projects No. 04-53791715 ("Program Supplemental Agreement No. F013") for $500,000 in Congestion Management and Air Quality (CMAQ) funds for the construction phase of Street Smart Rohnert Park (Federal Project No. CML -5379(021), City Project No. 2013-02). In their transmittal, Caltrans has requested a "certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement." ANALYSIS: The Street Smart Rohnert Park project was awarded CMAQ funds through MTC's One Bay Area Grant (OBAG) program. The project was developed to respond to OBAG's goal of investing more transportation funding in Priority Development Areas (PDAs). The project will construct enhanced crosswalks, wayfinding, and traffic calming in the Central Rohnert Park PDA and supports walking, bicycling and use of public transit such as the SMART Train. The City's approved 5 -Year Capital Improvement Program budgets $784,684 for the project, including environmental clearance, engineering, design, construction, inspections, contingency and project administration. The project is designed and is presently being prepared for bid in October. All Federal -aid requirements have been fulfilled thus far to ensure this project can be reimbursed with federal funds. In order for Caltrans to encumber the funds, staff recommends that the City ITEM NO. 7C3 Council adopt the attached resolution authorizing the City Manager to approve and execute Program Supplemental Agreement No. F013, and that the City Clerk certify the resolution. OPTIONS CONSIDERED: No other options were considered. Without executing the Program Supplement Agreement and providing a certified resolution, the City could not access these funds. The funds would be de -obligated. This action would not only make the funds unavailable for City — it could also potentially jeopardize future funding to the City and to Sonoma County as a whole by implying to MTC that Rohnert Park is uninterested or unable to deliver projects with these funds, and/or that Federal funds are not needed by local jurisdictions in Sonoma County. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community, as it supports the Central Rohnert Park PDA by funding transportation for the focused growth envisioned by the adopted PDA Plan. FISCAL IMPACT/FUNDING SOURCE: The net fiscal impact of this proposed Council action is $500,000 in restricted, project -specific Federal funds to the City in the form of reimbursements for eligible project construction costs. Funding sources for this project are detailed in the table below. Typically, use of the Federal monies requires at least an 11% match in local funds in the project phase for which Federal funds are awarded. In their update of the most recent Regional Transportation Plan, MTC has determined that additional monies in the Bay Area region are available to supplant the local match for this project, so no local match is required for the construction phase, although local funds may be provided over the $500,000 as needed. (Local funding was also used for the earlier project phases, including environmental clearance, preliminary engineering, and project design as shown below.) No general fund monies are used to fund this project. Project Phase and Funding Funding Sources Environmental, Bid and Construction Management Total Funding Engineering, Design Construction & Inspection Each Source Federal Congestion Management $0 $436,557 $63,443 $500,000 and Air Quality (CMAQ) Local Measure M (Local Streets $183,570 $0 $62,136 $245,706 & Roads) Local Gas Tax (Highway Users $0 $0 $38,978 $38,978 Tax Allocation) Total Funding $183,570 $436,557 $164,557 $784,684 Department Head Approval Date: 08/31/2016 Finance Manager Approval Date: 08/29/2016 City Attorney Approval Date: N/A City Manager Approval Date: 9/1/16 Attachments (list in packet assembly order): 1. Resolution Authorizing City Manager to Approve and Execute Program Supplement Agreement No. F013 for the Street Smart Rohnert Park Project (Federal Project No. CML-5379(021)/City Project No. 2013-02) 2. Exhibit A to Resolution: Program Supplement Agreement No. F013 2 RESOLUTION NO. 2016-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F013 TO ADMINISTERING AGENCY—STATE AGREEMENT FOR FEDERAL FUNDING NO. 04-5379F FOR THE STREET SMART ROHNERT PARK PROJECT (Federal Project No. CML -5379(021) / City Project No. 2013-02) WHEREAS, the State of California Department of Transportation (Caltrans) and Federal Highway Administration has obligated $500,000 in Federal Congestion Management and Air Quality Program funds for the construction phase of the Street Smart Rohnert Park Project; and WHEREAS, Caltrans has requested a certified enabling resolution identifying the project receiving funding through Program Supplement Agreement No. F013 and the official authorized to execute the Program Supplement Agreement; and WHEREAS, the City of Rohnert Park has completed design and environmental clearance for the Street Smart Rohnert Park Project and is ready to accept the Federal Congestion Management and Air Quality Program funds to support the construction of the project; and WHEREAS, the funding for the Street Smart Rohnert Park Project, including the federal funding match, was approved by the City Council with the City's Capital Improvement Program in the City's Fiscal Year 2016-17 budget. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Manager is hereby authorized and directed to take all actions for and on behalf of the City of Rohnert Park, including execution, if necessary, to effectuate the Program Supplement Agreement F013, in substantially similar form to the agreement attached hereto as Exhibit "A" and incorporated by this reference, which authorizes Federal -aid Funding for the Street Smart Rohnert Park Project in accordance with Administering Agency—State Agreement for Federal Funding No. 04-5379F. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. ATTEST: City Clerk CITY OF ROHNERT PARK Gina Belforte, Mayor Attachment: Exhibit A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A to Resolution PROGRAM SUPPLEMENT NO. F013 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 04-5379F15 Adv Project ID 0415000181 Location: Project Number: E.A. Number: Locode: Date: July 6, 2016 04-SON-0-RNPK CML -5379(021) 5379 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Seed Farm Dr from Enterprise Dr to Santa Alicia Dr; Enterprise Dr from Commerce Blvd to Seed Farm Dr, Hunter Dr from Commerce Blvd to Enterprise; City Drive/Plaza TYPE OF WORK: Install Pedestrian and Bike Facility Improvements LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds Z003 $500,000.00 LOCAL OTHER $500,000.00 $0.00 $0.00 CITY OF ROHNERT PARK STATE OF CALIFORNIA Department of Transportation By -- By Title —. __ Chief, Office of Project Implementation Division of Local Assistance Date Date --.---. Attest I hereby certify upon my personal knowledge that budgeted funds. are available for this encumbrance: Accounting Officer/ r - �i J Date _ $500.000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 04 -5379F15 -F013- ISTEA Page 1 of 6 EXHIBIT A to Resolution STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) loft T0. Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: DEPARTMENT OF TRANSPORTATION ENCUMBRANCE DOCUMENTS VENDOR/ CONTRACTOR: CITY OF ROHNERT PARK CONTRACTAMOUNT. $500,000.00 PROCUREMENTTYPE: LOCAL ASSISTANCE DATE PREPARED: 7/6/2016 REQUISITION NUMBER/ CONTRACT NUMBER: RQS #041700000006 PROJECT NUMBER: 0415000181 I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. 04-SON-0-RNPK CML -5379(021) EXHIBIT A to Resolution SPECIAL COVENANTS OR REMARKS 07/06/2016 A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - Program Supplement 04 -5379F15 -F013- ISTEA Page 2 of 6 04-SON-0-RNPK CML -5379(021) EXHIBIT A to Resolution SPECIAL COVENANTS OR REMARKS 07/06/2016 assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement 04 -5379F15 -F013- ISTEA Page 3 of 6 EXHIBIT A to Resolution 04-SON-0-RNPK 07/06/2016 CML -5379(021) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 04 -5379F15 -F013- ISTEA Page 4 of 6 EXHIBIT A to Resolution 04-SON-0-RNPK 07/06/2016 CML -5379(021) SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non -A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the F H WA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 04-53791715-F013- ISTEA Page 5 of 6 EXHIBIT A to Resolution 04-SON-0-RNPK 07/06/2016 CML -5379(021) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non -A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. Program Supplement 04 -5379F15 -F013- ISTEA Page 6 of 6 ITEM NO. 7C4 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving a Public Improvement and Fee Credit Agreement and Two Public Improvement Agreements with Penn Grove Mountain LLC and Finding this Action Covered Under the Environmental Impact Report for the Southeast Rohnert Park Specific Plan RECOMMENDED ACTION: Adopt a Resolution Approving a Public Improvement and Fee Credit Agreement and Two Public Improvement Agreements with Penn Grove Mountain LLC and Finding this Action Covered Under the Environmental Impact Report for the Southeast Rohnert Park Specific Plan. BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement (DA) with Redwood Equities LLC to facilitate the orderly development of the area known as the Southeast Rohnert Park Specific Plan Area. In accordance with Section 8.02 of the DA, Redwood Equities LLC has assigned the entirety of the Development Agreement to Penn Grove Mountain LLC, which is an entity under common control with Redwood Equities LLC. Because the two entities are under common control, the DA allows this type of assignment to be made without the consent of the City. Because of this assignment, the City's future agreements will be with Penn Grove Mountain LLC, hereinafter referred to as "Developer". The Developer has prepared a Final Map of the Southeast Estates Subdivision Phase 1, which has been reviewed for technical accuracy. Both the Conditions of Approval for the Tentative Map and the DA require that the construction of public infrastructure needed to serve the subdivision be secured by improvement agreements and surety bonds prior to approval of the Final Map. ANALYSIS: As noted above, the Developer has prepared a Final Map, The Map includes the required street right-of-way dedications, park land dedication, water tank site dedication, and easement dedications in favor of the City. The Developer is also taking the actions necessary to satisfy its remaining Conditions of Approval and Development Agreement requirements. The construction of public infrastructure is required to satisfy the Development Agreement and the Conditions of Approval. Required infrastructure includes: ITEM NO. 7C4 • All in -tract improvements within the first final map area including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, in -tract landscaping, Valley House Drive and Bodway Avenue sidewalk and landscape improvements, and a stormwater basin, together with the offsite improvements necessary to support the first phase of development. • A 360,000 gallon water tank which will serve the development. • The 5.8 acre Willow Glen Park. The Developer has previously entered into an Improvement Agreement with the City for the infrastructure that will support its model home complex. The Developer is now proposing to enter into the remaining Improvement Agreements in order to satisfy its conditions of approval and secure a Final Map for the first phase of development. The Developer has posted the necessary performance and labor and materials bond with the City. The proposed Public Improvement Agreements are in the same form that has been previously approved by Council. Like the other Improvement Agreements, this Agreement outlines in more detail than specified in the Conditions of Approval or the Development Agreement, the Developer's duty to install the improvements to City standards and protect them until acceptance; the City's rights for inspection and cost recovery; the process by which new improvements will be inspected by the City; requirements to pay prevailing wage; requirements for bonds, insurance and indemnity and the City's remedies against breach or default by the Developer. The Agreement also specifies that the Developer will be required to post performance and labor and material bonds for the full constructed value. Because the off-site improvements include a recycled water main that is included in the City's Public Facilities Finance Plan, the In - Tract and Offsite Improvement Agreement includes provisions for a $400,182 Public Facilities Fee credit. ENVIRONMENTAL ANALYSIS: The proposed Public Improvement Agreements will authorize and provide for the construction of a number of infrastructure improvements that will serve the development. These improvements were included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated December 2005) for the Southeast Rohnert Park Specific Plan. These improvements are necessary to serve the planned development. Because the improvements were included in the Project Description, the analysis in the Draft EIR included an analysis of the construction and operation of these improvements and mitigation measures were developed to minimize any impacts. The Draft EIR identified six temporary construction impacts that are associated with the development of the site, including the construction of infrastructure improvements. All of these impacts are less than significant or can be reduced to a less than significant level with standard construction mitigation that will be incorporated into the approved plans required by the Public Improvement Agreements. The description of the required infrastructure improvements necessary to serve the development was not substantially changed by the Final EIR (October 2010). Because the proposed 2 ITEM NO. 7C4 improvements were included in the Project Description considered in the Southeast Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and biological impacts are included as part of the work. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D- Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. Approval of these Public Improvement Agreements satisfies Conditions of Approval applied to the Southeast Specific Plan. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact associated with executing the Improvement Agreements. Improvements will be constructed and paid for by the Developer. The Developer agrees to pay the City the cost for all inspections, administration, and testing services furnished by the City with this Agreement. After acceptance of the improvements, the City will incur ongoing maintenance costs which will be funded from the Community Facilities District (which includes an annual maintenance assessment on properties within the development) in accordance with the Development Agreement. Department Head Approval Date: 08/19/2016 Finance Director Approval Date: N/A City Attorney Approval Date: 06/28/2016 City Manager Approval Date: 08/31/2016 Attachments 1. Resolution Approving a Public Improvement and Fee Credit Agreement and Two Public Improvement Agreements with Redwood Equities LLC and Finding this Action Covered Under the Environmental Impact Report for the Southeast Rohnert Park Specific Plan 2. Resolution Exhibit A — Public Improvement and Fee Credit Agreement — Southeast Specific Plan In -Tract and Off -Site Improvements 3. Resolution Exhibit B — Public Improvement Agreement - Southeast Specific Plan Water Tank 4. Resolution Exhibit C — Public Improvement Agreement — Willow Glen Park RESOLUTION NO. 2016-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A PUBLIC IMPROVEMENT AND PUBLIC FACILITIES FEE CREDIT AGREEMENT AND TWO PUBLIC IMPROVEMENT AGREEMENTS WITH PENN GROVE MOUNTAIN LLC AND FINDING THIS ACTION COVERED UNDER THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTHEAST SPECIFIC PLAN WHEREAS, on December 7, 2010, the City Council of the City of Rohnert adopted Resolution No 2010-134 approving the Final Environmental Impact Report (EIR) for the Southeast Specific Plan; and WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-165 approving an amended Final Development Plan for the Southeast Specific Plan Area; and WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-166 the Tentative Map for the Southeast Specific Plan Area prepared by Civil Design Consultants (the "Tentative Map"), subject to certain conditions of approval ("Conditions"); and WHEREAS, on December 7, 2010, the City Council of the City of Rohnert Park adopted Ordinance No. 832, approving a Development Agreement ("Development Agreement") between the City of Rohnert Park and Redwood Equities LLC ; and WHEREAS, on December 9, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 882, approving an amendment to the Development Agreement ("Development Agreement") between the City of Rohnert Park and the Redwood Equities LLC; and WHEREAS, in accordance with Development Agreement, Redwood Equities LLC has assigned the Development Agreement to Penn Grove Mountain LLC ("Developer") an entity under common control with Redwood Equities LLC; and WHEREAS, the Developer intends to file the Final Map for Phase 1 of the Southeast Estates Subdivision, consisting of 105 residential lots and six parcels; and WHEREAS, the Development Agreement and the Conditions of Approval include requirements for Developer to construct the following improvements in conjunction with the first Final Map filed for the its property: 1. All in -tract improvements within the first final map area including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, in -tract landscaping, Valley House Drive and Bodway Avenue sidewalk and landscape improvements, and a stormwater basin, together with the offsite improvements necessary to support the first phase of development (in -tract and off-site improvements) 2. A 360,000 gallon water tank which will serve the development 3. The 5.8 acre Willow Glen Park. WHEREAS, the Developer has previously entered into an Improvement Agreement to construct a portion of the in -tract and offsite improvements known as the "Model Home Improvement Agreement; and WHEREAS, the Developer has submitted plans and specifications for the in -tract and off-site improvements, the water tank and Willow Glen Park ("Improvement Plans") which have been reviewed by the City Engineer and determined to be technically accurate and in conformance with the Conditions of Approval, and which collectively include all required improvements not included in prior improvement agreement; and WHEREAS, the planned off-site recycled water improvements are eligible for Public Facilities Fee credits in the amount of Four Hundred Thousand One Hundred Eighty Two Dollars and No Cents ($400,182); and WHEREAS, the Developer has posted performance and labor and materials bonds in the following amounts to cover the cost of improvements: 1. Phase 1 Valley House Drive Improvements — Two Hundred Thirty Four Thousand Three Hundred Seventy Five Dollars and No Cents ($234,375.00) 2. Phase 1 Camino Colegio Improvements — Four Hundred Thousand One Hundred Eighty Two Dollars and No Cents ($400,182.00) 3. Phase 1 Bodway Parkway Improvements — Five Hundred Eighty Five Thousand Seven Hundred Sixty Three Dollars and No Cents ($585,763.00) 4. Phase 1 In -Tract Improvements — Four Million Nine Hundred Fifty Seven Thousand Six Hundred Sixty Seven Dollars and No Cents ($4,957,667.00). 5. Southeast Specific Plan Water Tank: One Million Nine Hundred Ninety Seven Thousand Two Hundred Five Dollars and No Cents ($1,997,205.00) 6. Willow Glen Park: Seven Hundred Eleven Thousand Eight Hundred and Seventeen Dollars and No Cents ($711,817.00). WHEREAS, the City and Developer desire to enter into a Public Improvement and Public Facilities Fee Credit Agreement for the Southeast Specific Plan In -Tract and Off-site Improvements and Public Improvement Agreements for Southeast Specific Plan Water Tank and Willow Glen Park to more thoroughly define the terms and conditions of the construction and dedication obligations under the conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Public Improvement and Public Facilities Fee Credit Agreement for the Southeast Specific Plan In -Tract and Off-site Improvements and the Public Improvement Agreements for Southeast Specific Plan Water Tank and Willow Glen Park with Penn Grove Mountain LLC included as Exhibits A through C to this Resolution. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of September 13, 2016, the City Council of the City of Rohnert Park finds that the public improvements and activities were adequately described and mitigated in the Southeast Specific Plan EIR, and that no other CEQA analysis is warranted. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Improvement and Public Facilities Fee Credit Agreement for the (2) 2016-89 Southeast Specific Plan In -Tract and Off-site Improvements and the Public Improvement Agreements for Southeast Specific Plan Water Tank and Willow Glen Park with Redwood Equities LLC in substantially similar form to the agreements attached hereto and incorporated by this reference as Exhibits A through C subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 13 day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk Attachments: Exhibits A, B and C AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (3) 2016-89 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk Exhibit A to Resolution (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AND PUBLIC FACILITIES FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN INVESTMENTS LLC FOR SOUTHEAST SPECIFIC PLAN IN -TRACT AND OFF-SITE 110519 _01051-04IYII This Public Improvement and Public Facilities Fee Credit Agreement (the "Agreement") is made and entered into on this day of 2016 (the "Effective Date") by and between Penn Grove Mountain LLC, a California Limited Liability Company, ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. The Southeast Rohnert Park Specific Plan consists of an 80 -acre site located north of Valley House Drive, west of Petaluma Hill Road, south of the Canon Manor Specific Plan Area, and east of Bodway Parkway, identified by Sonoma County Assessor as parcel number 047-111-030, and illustrated in Exhibit A, attached hereto and incorporated by this reference. B. On November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-166, approving the Tentative Map for Southeast Rohnert Park, File No. PLSD2014-0008, subject to certain conditions of approval (the "Conditions"). C. Developer intends to file the final map for Phase 1 consisting of 105 single-family residential lots and six parcels. D. The Conditions include the requirement for Developer to construct the following improvements in conjunction with the first final map filed for the Southeast Specific Plan Area: 1. All in -tract improvements within the first final map area, including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, Valley House Drive and Bodway Avenue sidewalk and landscaping, in -tract landscaping, and stormwater basin 2. A 360,000 - gallon water storage tank within Phase 1 Willow Glen Park 1 E. Developer has begun construction of a portion of the improvements, providing access to model homes including a street loop of Waterside Way, Watson Way, and Wisdom Lane, along with storm drain, water, recycled water, and sanitary sewer lines. F. Developer has submitted plans, specifications and drawings for Willow Glen Park (Improvements) consisting of: • Southeast Rohnert Park Phase 1- WDID # 149C358481, , 2016, prepared by Civil Design Consultants, 47 Sheets (Sheets 1 - 47) and approved by the City Engineer on 12016 • Southeast Rohnert Park Site Retaining Walls, 2016 prepared by O'Connor Freeman & Associates, 6 Sheets (Sheets SNI and 2, 51-3 and SD) and approved by the City Engineer on , 2016 • Joint Trench Composite Plan of Southeast Rohnert Park Phase 1, 2016, prepared by Nor -Coast Utility Design Inc., 9 Sheets (Sheets 1 — 9) and approved by the City Engineer on , 2016. • A Neighborhood Park, Southeast Rohnert Park, Public Landscape Improvement Plans, 2016, prepared by Landesign Group, 32 Sheets (Sheets L1 thru L32), and approved by the City Engineer on , 2016. G. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital F. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions and to provide for a credit to Developer for the construction of improvements to Rohnert Park Expressway through a reduction in Public Facilities Fees collected from the Developer for the Project. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. PropertSubject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the "Property"). 4. Improvements 4.1 Duty to Install Improvements. Developer will design, construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital F above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor 2 and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 4.2. Completion Date. Developer will complete the Work within twenty four months of the Effective Date or as required by the Development Agreement, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is as follows: • Phase 1 Valley House Drive Improvements — Two Hundred Thirty Four Thousand Three Hundred Seventy Five Dollars and No Cents ($234,375.00) • Phase 1 Camino Collegio Improvements — Four Hundred Thousand One Hundred Eighty Two Dollars and No Cents ($400,182.00) • Phase 1 Bodway Parkway Improvements — Five Hundred Eighty Five Thousand Seven Hundred Sixty Three Dollars and No Cents ($585,763.00) • Phase 1 In -Tract Improvements — Four Million Nine Hundred Fifty Seven Thousand Six Hundred Sixty Seven Dollars and No Cents ($4,957,667.00). Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way K' limits Developer's financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Developer shall also obtain any encroachment permits, grading permits, or other permits required by the County of Sonoma for construction of the improvements. 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on construction activities in the City's right-of-way as described in Section 4.6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4.9. City's Inspection, Administration and TestingCom. Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Ninety One Thousand Seven Hundred Seventy Dollars and No Cents ($91,770.00) (the ►-1 "Estimated Cost"). Concurrently with the execution of this Agreement, Developer shall deposit an amount equal to the Estimated Cost with City for the payment of the City Costs. In the event that the Estimated Cost is insufficient to cover the actual City Costs incurred, Developer shall, upon notice in writing by the City Engineer, deposit such additional amount as may be required to pay the City Costs. Any amount of the Estimated Cost, initial deposit or additional amounts deposited remaining after payment of all City Costs will be returned to Developer. City may, at its discretion, deposit such funds in an interest-bearing account and retain any and all interest earned. 4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing Wages. The Improvements constitute a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations"). Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section and the payment of prevailing wages. The Developer must provide documentation that prevailing wages were paid for the work. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4. 18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work 5 site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before G Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as -built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. Securi1y. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver performance security concurrently with the execution of this Agreement, which must meet the requirements of Government Code Section 66499. 1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amounts listed below: • Phase 1 Valley House Drive Improvements — Two Hundred Thirty Four Thousand Three Hundred Seventy Five Dollars and No Cents ($234,375.00) • Phase 1 Camino Colegio Improvements — Four Hundred Thousand One Hundred Eighty Two Dollars and No Cents ($400,182.00) • Phase 1 Bodway Parkway Improvements — Five Hundred Eighty Five Thousand Seven Hundred Sixty Three Dollars and No Cents ($585,763.00) • Phase 1 In -Tract Improvements — Four Million Nine Hundred Fifty Seven Thousand Six Hundred Sixty Seven Dollars and No Cents ($4,957,667.00). The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amounts listed below: 7 • Phase 1 Valley House Drive Improvements — Two Hundred Thirty Four Thousand Three Hundred Seventy Five Dollars and No Cents ($234,375.00) • Phase 1 Camino Colegio Improvements — Four Hundred Thousand One Hundred Eighty Two Dollars and No Cents ($400,182.00) • Phase 1 Bodway Parkway Improvements — Five Hundred Eighty Five Thousand Seven Hundred Sixty Three Dollars and No Cents ($585,763.00) • Phase 1 In -Tract Improvements — Four Million Nine Hundred Fifty Seven Thousand Six Hundred Sixty Seven Dollars and No Cents ($4,957,667.00). The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii).the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the amount specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amounts listed below: • Phase 1 Valley House Drive Improvements — Thirty Five Thousand One Hundred Fifty Six Dollars and No Cents ($35,156.00) • Phase 1 Camino Colegio Improvements — Sixty Thousand Twenty Seven Dollars and No Cents ($60,027.00) • Phase 1 Bodway Parkway Improvements — Eighty Seven Thousand Eight Hundred Sixty Five Dollars No Cents ($87,865.00) • Phase 1 In -Trace Improvements — Seven Hundred Forty Three Thousand Six Hundred Fifty Dollars and No Cents ($743,650.00). The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. E:� Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub -contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. 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. 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured's as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. 6t (4) The insurance policy shall provide for 30 days' notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. U11 (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by City. If the City gives Developer notice, under Section 7. 1, of breach and default of this Agreement, the City may proceed to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. Public Facilities Fee Credit. 8.1. Eligible Improvements. The Improvements eligible to receive the Public Facilities Fee Credit described in this Section 8 are the 1,668 foot extension of the 8 -inch recycled water main in Camino Colegio. 11 8.2. Source and Method of Credit. Subject to the limitations set forth in Section 8.6, City shall credit Developer for the costs associated with the construction and installation of the improvements as outlined in Exhibit B. The Public Facilities Fee Credit represents reimbursement to the Developer for the costs of improvements that are covered by the Public Facilities Fee, but which Developer has agreed to incur. The initial estimated total credit amount is indicated in Exhibit B "Public Facilities Fee Credit Calculation" attached hereto, and shall be afforded to Developer in the form of a credit against the Public Facilities Fee that would otherwise be applicable to the Project. 8.3. Implementation of Public Facilities Fee Credit. Developer shall be entitled to receive the Public Facilities Fee Credit at the time of issuance of building permits for the Project. Such credit shall be personal to the Developer and shall run with the land. The Public Facilities Fee Credit may be credited only for development of the Project and shall not run to successors and assigns unless assigned in writing by Developer to a subsequent owner of the Property. 8.4. Fee Obligation. Developer's obligation to pay the full amount of the Public Facilities Fee for any development in the Southeast Specific Plan shall remain a debt and obligation of Developer until completion by Developer and acceptance of the Improvements by City. In the event that the Improvements are not completed by a date two (2) years from the Effective Date of this Agreement, any Public Facilities Fee previously credited pursuant to this Agreement shall be immediately due and payable by Developer. If such fees are not paid as required, City may provide written notice to Developer of its default. If such default is not corrected within 30 days from the date of written notice, Developer agrees that the amount of any unpaid Public Facilities Fees may be placed upon the Property as a lien and special assessment. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. In addition, City may use any other available legal means to collect the unpaid Public Facilities Fee and the choice of one remedy does not affect City's ability to use alternative remedies. 8.5. Expiration of Credit Obligation. The Public Facilities Fee Credit shall be granted to Developer at the time Developer obtains building permit(s) for the Project. City's obligation to extend Developer a credit as described herein shall continue for a total of four (4) years from the date the Developer begins construction of the recycled water main improvements unless the obligation is sooner satisfied. If Developer fails to complete the Improvements within the two-year time frame, City may seek payment of the Public Facilities Fee from Developer as provided in Section 8.4, above. 8.6. Maximum Credit. The total amount of the Public Facilities Fee Credit obligation for the Improvements shall be as determined by City in accordance with the City of Rohnert Park 2011 Update to the Public Facilities Finance Plan. The Parties acknowledge and agree that the maximum credit amount for the Improvements is Four Hundred Thousand, One Hundred Eighty Two Dollars and No Cents ($400,182.00) as more fully described in Exhibit B. 8.7. Areas and Quantities. The areas and quantities used to develop this Public Facilities Fee Credit agreement are based on the information and plans available at this time. The actual areas and quantities may change at the time of dedication to the City and/or construction by the Developer. If it is determined by the City Engineer that the areas and quantities have changed, the credit amount may be adjusted 12 Miscellaneous. 9.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 9.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either parry may from time -to -time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: Penn Grove Mountain, LLC P.O. Box 2357 Healdsburg CA 95448 Attn.: Mr. Ben VanZutphen Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 9.3 Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 9.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 9.5. Runs with the Land, Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 13 9.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 9.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 9.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 9.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 9.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 9.11. Binding upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 9.6, in which event this Agreement shall remain binding upon Developer. 9.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 9.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 9.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 9.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 9.16. Authori1y. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 14 9.17 Joint and Several Liability. Penn Grove Mountain LLC shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Date: 15 "CITY" CITY OF ROHNERT PARK, a California municipal corporation Lo City Manager Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of September 13, 2016. "DEVELOPER" Penn Grove Mountain LLC A California Limited Liability Company By: Name: Title: Date: Wei ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) fE:j ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) IN RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk Exhibit B to Resolution (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN LLC FOR SOUTHEAST SPECIFIC PLAN WATER TANK This Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2016 (the "Effective Date") by and between Penn Grove Mountain LLC, a California Limited Liability Company, ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. The Southeast Rohnert Park Specific Plan consists of an 80 -acre site located north of Valley House Drive, west of Petaluma Hill Road, south of the Canon Manor Specific Plan Area, and east of Bodway Parkway, identified by Sonoma County Assessor as parcel number 047-111-030, and illustrated in Exhibit A, attached hereto and incorporated by this reference. B. On November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-166, approving the Tentative Map for Southeast Rohnert Park, File No. PLSD2014-0008, subject to certain conditions of approval (the "Conditions"). C. Developer intends to file the final map for Phase 1 consisting of 105 single-family residential lots and six parcels. D. The Conditions include the requirement for Developer to construct the following improvements in conjunction with the first final map filed for the Southeast Specific Plan Area: 1. All in -tract improvements within the first final map area, including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, Valley House Drive and Bodway Avenue sidewalk and landscaping, in -tract landscaping, and stormwater basin 2. A 360,000 - gallon water storage tank within Phase 1 Willow Glen Park 1 E. Developer has begun construction of a portion of the improvements, providing access to model homes including a street loop of Waterside Way, Watson Way, and Wisdom Lane, along with storm drain, water, recycled water, and sanitary sewer lines. F. Developer has submitted plans, specifications and drawings for the Southeast Specific Plan Water Tank (Improvements) consisting of: • Southeast Specific Plan Area Water Tank, 2016, prepared by Brelje & Race Consulting Engineers, 27 Sheets (Sheets 1 thru 27) and approved by the City Engineer on 12016. G. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital F. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement. 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. PropertSubject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, identified by Sonoma County Assessor as parcel number 047-111-030, and is described in Exhibit A, attached hereto (the "Property"). 4. Improvements 4.1 Duty to Install Improvements. Developer will design, construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital F above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but 2 shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 4.2. Completion Date. Developer will complete the Work within twenty-four (24) months of the Effective Date or as required by the Development Agreement, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is One Million Nine Hundred Ninety Seven Thousand, Two Hundred Five Dollars and No Cents ($1,997,205.00). Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer's financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Developer shall also obtain any encroachment permits, grading permits, or other permits required by the County of Sonoma for construction of the improvements. K' 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on construction activities in the City's right-of-way as described in Section 4.6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4.9. City's Inspection, Administration and Testing Costs. Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Twenty Nine Thousand, Nine Hundred Sixty Dollars ($29,960.00) (the "Estimated Cost"). Concurrently with the execution of this Agreement, Developer shall deposit an amount equal to the Estimated Cost with City for the payment of the City Costs. In the event that the Estimated Cost is insufficient to cover the actual City Costs incurred, Developer shall, upon notice in writing by the City Engineer, deposit such additional amount as may be required to pay the City Costs. Any amount of the Estimated Cost, initial deposit or additional amounts deposited remaining after payment of all City Costs will be returned to Developer. City may, at its discretion, deposit such funds in an interest-bearing account and retain any and all interest earned. 4.10. No Waiver b�. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing Wages. The Improvements constitute a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations"). Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and U harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section and the payment of prevailing wages. The Developer must provide documentation that prevailing wages were paid for the work. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4.18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether 6i the written acceptances have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as -built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Securi1y. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued [s by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver performance security concurrently with the execution of this Agreement, which must meet the requirements of Government Code Section 66499. 1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of One Million, Nine Hundred Ninety Seven Thousand, Two Hundred Five Dollars and No Cents ($1,997,205.00). The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of One Million, Nine Hundred Ninety Seven Thousand, Tow Hundred Five Dollars and No Cents ($1,997,205.00). The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii).the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security as specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amount of Two Hundred Ninety Nine Thousand Five Hundred Eighty Dollars and No Cents (299,580.00). The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, 7 omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub -contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. 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. 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured's as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. (4) The insurance policy shall provide for 30 days' notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. E: (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 6t Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by Ci1y. If the City gives Developer notice, under Section 7. 1, of breach and default of this Agreement, the City may proceed to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. Miscellaneous. 8.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 8.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if. (a) personally delivered; or (b) dispatched by Rol next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time -to -time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: Penn Grove Mountain LLC P.O. Box 2357 Healdsburg CA 95448 Attn.: Mr. Ben VanZutphen Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 8.3 Attorney. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 8.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 8.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 8.6. Transfers, Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 8.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 8.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 11 8.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 8.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 8.11. Binding upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 8.6, in which event this Agreement shall remain binding upon Developer. 8.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 8.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the parry preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 8.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 8.16. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such parry is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 8.17 Joint and Several Liability. Penn Grove Mountain LLC shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Signatures on Next Page 12 Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Date: 13 "CITY" CITY OF ROHNERT PARK, a California municipal corporation LN City Manager Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of September 13, 2016. "DEVELOPER" Penn Grove Mountain LLC A California Limited Liability Company By: Name: Title: Date: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 14 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Wei RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk Exhibit C to Resolution (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND PENN GROVE MOUNTAIN INVESTMENTS LLC FOR WILLOW GLEN PARK This Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2016 (the "Effective Date") by and between Penn Grove Mountain LLC, a California Limited Liability Company, ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. The Southeast Rohnert Park Specific Plan consists of an 80 -acre site located north of Valley House Drive, west of Petaluma Hill Road, south of the Canon Manor Specific Plan Area, and east of Bodway Parkway, identified by Sonoma County Assessor as parcel number 047-111-030, and illustrated in Exhibit A, attached hereto and incorporated by this reference. B. On November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-166, approving the Tentative Map for Southeast Rohnert Park, File No. PLSD2014-0008, subject to certain conditions of approval (the "Conditions"). C. Developer intends to file the final map for Phase 1 consisting of 105 single-family residential lots and six parcels. D. The Conditions include the requirement for Developer to construct the following improvements in conjunction with the first final map filed for the Southeast Specific Plan Area: 1. All in -tract improvements within the first final map area, including streets, storm drainage, water, sewer, recycled water, joint trench and streetlighting, Valley House Drive and Bodway Avenue sidewalk and landscaping, in -tract landscaping, and stormwater basin 2. A 360,000 - gallon water storage tank within Phase 1 Willow Glen Park 1 E. Developer has begun construction of a portion of the improvements, providing access to model homes including a street loop of Waterside Way, Watson Way, and Wisdom Lane, along with storm drain, water, recycled water, and sanitary sewer lines. F. Developer has submitted plans, specifications and drawings for Willow Glen Park (Improvements) consisting of: • A Neighborhood Park, Southeast Rohnert Park, Public Landscape Improvement Plans, 2016, prepared by Landesign Group, 32 Sheets (Sheets L1 thru L32), and approved by the City Engineer on 12016. G. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital F. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement. 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. PropertSubject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, identified by Sonoma County Assessor as parcel number 047-111-030, and is described in Exhibit A, attached hereto (the "Property"). 4. Improvements 4.1 Duty to Install Improvements. Developer will design, construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital F above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but 2 shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 4.2. Completion Date. Developer will complete the Work within fifteen (15) months of the Effective Date or as required by the Development Agreement, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is Seven Hundred Eleven Thousand, Eight Hundred Seventeen Dollars and No Cents ($711,817.00). Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer's financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Developer shall also obtain any encroachment permits, grading permits, or other permits required by the County of Sonoma for construction of the improvements. 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, All at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on construction activities in the City's right-of-way as described in Section 4.6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4.9. City's Inspection, Administration and TestingCom. Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Ten Thousand, Six Hundred Eighty Dollars ($10,680.00) (the "Estimated Cost"). Concurrently with the execution of this Agreement, Developer shall deposit an amount equal to the Estimated Cost with City for the payment of the City Costs. In the event that the Estimated Cost is insufficient to cover the actual City Costs incurred, Developer shall, upon notice in writing by the City Engineer, deposit such additional amount as may be required to pay the City Costs. Any amount of the Estimated Cost, initial deposit or additional amounts deposited remaining after payment of all City Costs will be returned to Developer. City may, at its discretion, deposit such funds in an interest-bearing account and retain any and all interest earned. 4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing_ Wages. The Improvements constitute a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations"). Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to U Developer's obligations under this section and the payment of prevailing wages. The Developer must provide documentation that prevailing wages were paid for the work. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4.18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances have been provided. If the Work and repair are, in the opinion of the City 6i Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as -built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Securi1y. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued C: by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver performance security concurrently with the execution of this Agreement, which must meet the requirements of Government Code Section 66499. 1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of Seven Hundred Eleven Thousand, Eight Hundred Seventeen Dollars and No Cents ($711,817.00). The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the amount of Seven Hundred Eleven Thousand, Eight Hundred Seventeen Dollars and No Cents ($711,817.00). The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii).the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security as specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amount of One Hundred Six Thousand Seven Hundred Seventy Five Dollars and No Cents (106,775.00). The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, 7 omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub -contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. 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. 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured's as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. (4) The insurance policy shall provide for 30 days' notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. E: (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 6t Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by Ci1y. If the City gives Developer notice, under Section 7. 1, of breach and default of this Agreement, the City may proceed to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. Miscellaneous. 8.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 8.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if. (a) personally delivered; or (b) dispatched by Rol next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time -to -time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: Penn Grove Mountain Investments, LLC P.O. Box 2357 Healdsburg CA 95448 Attn.: Mr. Ben VanZutphen Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 8.3 Attorney. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 8.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 8.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 8.6. Transfers, Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 8.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 8.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 11 8.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 8.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 8.11. Binding upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 8.6, in which event this Agreement shall remain binding upon Developer. 8.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 8.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the parry preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 8.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 8.16. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such parry is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 8.17 Joint and Several Liability. Penn Grove Mountain LLC shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Signatures on Next Page 12 Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Date: 13 "CITY" CITY OF ROHNERT PARK, a California municipal corporation LN City Manager Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of September 13, 2016. "DEVELOPER" Penn Grove Mountain LLC A California Limited Liability Company By: Name: Title: Date: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 14 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA ) On before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Wei SITE DATA LCT DETAILS NET SITE AREA 79.53 ACRES RE RURAL ESTATE GROSS PROJECT DENSITY EXISTING ZONING 597 UNITS/ACRE DA -87-2, SR -VM (COUNTr) LOTS (366-394) PROPOSED ZONING SP -SPECIFIC PLAN - EX PI7 SMALLEST 17,056 SfP��OEL�QOEL AA LD LOW DENSITY LARGEST 46,043 SF PUBLIC PARK SITE (DEDICATED TO THE CITY OF ROHNERT PARK) LOTS (1-56, 150-171, 241-254, 330-365) -_ AVERAGE 20,766 SF B -CEL B MDC SMALLEST 5,000 SF PUBLIC WATER TANK SITE (DEDICATED TO THE CITY OF ROHNERT PARK) SE MEDIUM DENSITY - CONVENTIONAL LOTS (57-149, 172-240, 255-329) 10 HOMES LOTS (395-439) 111111$£ a looms UNIT TYPES UNIT TYPE LOTS_ UNITS � N u 41AI11CIA tw _`261P 1Y � .APER TOT e1tLM1 PARCEL DETAILS - EX PI7 SMALLEST 17,056 SfP��OEL�QOEL AA 7.10 AC LARGEST 46,043 SF PUBLIC PARK SITE (DEDICATED TO THE CITY OF ROHNERT PARK) P2 -_ AVERAGE 20,766 SF B -CEL B 0.26 AC SMALLEST 5,000 SF PUBLIC WATER TANK SITE (DEDICATED TO THE CITY OF ROHNERT PARK) Pb LARGEST 8,907 SF PARrU--Q 153 AC AVERAGE 5,543 SF PARCEL DESIGNAT€D FOR COMMERCIAL (10,000 SF), RETAIL W 20 AND OFFICE USE TO BE PRIVATELY OWNED) a SMALLEST 1,892 SF PARCELD.. .. 1,75 AC LARGEST 7,471 SF RENTAL UNIT PROJECT (TO BE PRIVATELY OWNED) f AVERAGE 3,798 SF PA9CEL E .,, 3..06 AC 44 MONLY OWNED PARCEL MAINTAINED BY HOA (10 BE COMMONLY CMCE 41 SMALLEST1,066 SF LARGEST 1,180 SF OWNED BY THE OWNERS OF LOTS 395-439) 45 AVERAGE 1,139 SF • - TO BE DEDICATED TO TCOUNTY OF SONOMA TO BCE, F HE 0.53 AC SEE LOT AREA TABLE FOR INDIVIDUAL LOT SIZES NO - Ti -1, COMMON DRIVE AISLE SHALL BE MAINAINED BY EITHER A SPECIAL TAX DISTRICT, SPECIAL MAINTENENCE ASSOCIATION, OR HOA. f i` . P< �� C x a looms UNIT TYPES UNIT TYPE LOTS_ UNITS � N u 41AI11CIA tw _`261P 1Y � .APER TOT e1tLM1 RE RURAL ESTATE - EX PI7 1 1 7 Ol' :AREA LOT P2 7 7 LOS IJ9EA LOT Pb 7 7 TQi ABG RE BIBIOTIL W 20 CY a AAER LOT 14RSA 7pT AREA f LOW DENSITY P2 44 44 1m 41 111N P3 45 45 •41n 1n ED BIBTCTMU ]2B 20 141 um SRM SE-MEDIUM DENSITY - MOTOR COURT PR 244 Yd 201 ],551 _Lal 221 04 25 2.1 261 11" 69xgm uffmTA19 9a # S 4.101 119 -4- ml UN 64] ( SE -MEDIUM DENSITY - ZIPPER LOT$ P2 43 43 W ` P744 Z2. 45 4/ 0.6p n Rill M to IN t 151 PI IV 71716 U$ 1 SE -MEDIUM DENSITY - DUETS 3,851 14 144 jqp Try j8@b11. SUBTOTAL, 26 27 262 5,000 TOTAL SINCL AMILY A'H S.- .1112 12N Nm 7Ap TOTAL Duels 1819 2B 20 Jaz Il - 8,11111 394 904 3 5,200 23 5,056 4} 33'11 IS RENTAL UNITS M 0-36 - 4sn J ie MU (MIXED USE TOTAL) ICA 45 01 5.000 ' ' PROJECT TOTAL, AM 476 1,10 243 COAMSICJAL U61Ii iDAM BF 203 4,21] 3 4y, 3,796 U3 3,41/ 343 4L.ru 424k1 PARKING 301 11.68] Tei ,L 423 4 5.200 5,880 44 5200 BI X.4]A e< Q 104 GARAGE SPACES RURAL ESTATE 79 4141 TW A 1M LOW DENSITY 256 iml At LL. 37/ MEDIUM DENSITY TOWNHOMES 445 90 A09P MI 1.092 204 HEN UNITS 36 4,161 324 SOB2 344 OFF-STREET TOWNHCMES 20Z 0.007 No 111 W 4 aq$ @Q (} x01 RENTAL UNITS 30 B z Q]Q 25 ON -STREET 639 E,253 69 1 B! TOTAL PARKING SPACES 1,604 3,9]5 125 �5(JJJ �s g 14'7 PARKING SPACES PER UNIT 3.38 40M IN 15P1 AN 3bT/ Ri 4m 3444 6.711 IN Off-STREET 7p 1,186 � 305 ],860 525 COMMERCIAL / RETAIL 47 9,060 365 N ME PARKING SPACES PER 300 SF I.36 1.100 154 5.200 26 % 0.139 56 kill 8B I,B92 105 3,320 126 3.186 148 3.188 100 6,x00 L.V 1 EOT A7LE:A A'4P9CM ,UTI ANSA 1 K=LC ALL AREAS 101 APG T ARE IN SWARE FEET AREA LO] AkER WT .APER TOT e1tLM1 LOT LOT gREA Ol' :AREA LOT AREA AREA LOS IJ9EA LOT AIaEA LGT IAEA. TQi ABG iO1 AREA LdT 4REA LOT AAER LOT 14RSA 7pT AREA lOT hNEA 1 416q n 1m 41 111N N 8173 /1 •41n 1n 3q8 ISI 76)11 141 um 161 0,178 101 3,530 201 ],551 _Lal 221 MIN 311 E.67B 261 11" 261 ATM dor 4.101 119 3,901 ml UN 64] AOM A 17.403 461 I.1m 411 ` R.2Tl0 Z2. ,{1116/ 4/ 0.6p n Rill M ].140 IN 8411 151 ITN IV 71716 162 5,000 W 3,851 SO2 350] 222 416T 212 5,000 262 5,000 282 S.- .1112 12N 32t 7Ap 312 1819 341 IAOoe Jaz IPNa - I,0% 422 3 5,200 23 5,056 4} 33'11 IS A41Y M AAAO IN 4sn 41] 4.1/1 ICA 4140 163 5.000 - 3,9]0 361 3530 223 1,10 243 5,000 203 4,21] 4,161 303 3,796 U3 3,41/ 343 4L.ru 345 [1060 301 11.68] Tei 1.1N 423 4 5.200 5,880 44 5200 BI X.4]A e< RN1 104 AW 10 4141 TW 4144 1M 91000 IH iml At Rn1 37/ ACY ,111 A09P MI 1.092 204 4,181 4,161 324 SOB2 344 5.351 384 0.007 No 240/7 x01 1A1! 451. B 9.200 25 5b5e 43 E,253 69 7.;610 B! 449] 105 3,9]5 125 14'7 11M 110 40M IN 15P1 AN 3bT/ Ri 4m 3444 6.711 IN 4,00 7p 1,186 � 305 ],860 525 1,608 319 9,060 365 E.I. ME 34,151 463 1.100 154 5.200 26 % 0.139 56 kill 8B I,B92 105 3,320 126 3.186 148 3.188 100 6,x00 I0e 3.530 ON 334 1,011 AN INN 2n ILM in 17n 101 1113 >26 1'1000 116 5,050 ME 16,]39 ME 20,560 F'.f 1,1)6 ON k17 1 ARR 31 A✓� 4T ■Be 0i ylA4 B] 1,692 14'7 1,802 121 let 141 4,61 1e] 5.000 e] 180 J,B51 0] A131 b2 4?A 24] 4743 3A7 4,TA pl 410}. Lll 3]PJ VI 9.4]7 541. 0.Wo 36] 17160 187 20 621 40) 1.100 42] 5.700 N {ION S/ /yi N A405 M •714x1 ICI Y,`OP 128 161 140 3,53] IBB 5,000 3,610 2 4,294 220 4,10] 248 9802 206 3,110 2BB 1.9N 100 4A53 ]75 LN 146 0.470 SN 16.621 388 20,592 TOB I.tSBM 8740 1N {101 m LTN 149 9.431 101 5,000 In 2,039 200 3482 229 4.158 249 5.000 269 37 0 2BB .796 ]OS 4334 Io 1M4 310 400 Jn 1L3P dell NA63 409 4-014 420 1200 6200 JD S.B9B 50 0.392 M 1/41 w A4S0 116 Ant 11p A)N Y74 4f A) TTM_ GYg6 110 -)�0_j0 5µY 3,615 2!0 4,115 250 5,000 210 3 290 5,305 JIO 1, Bfi J%1 6,116 dp0 6.(4'J� 110 X4010 790 74M7 410 /.IN 63p 6,092 6.110 71 1.'AO 91 111 &W TJI 41n 101 Op00 111 k^Y4A EOY #4A tIX Row S:1 A8K 8l1 2] 4.161 B1 6p10 311 331 5.000 151 5,050 ]T jlL�i MA Yil1 4i1 I'm UI 12 5,200 32 E.I. 52 .17 721110M2 1,447 112 3,012 112 4,373 IM UN 112 4.51] IB2 3w1 11/ Rb37 311 Am 121 o" 7" 49/1 172 AIV 312 4,234 x12 5.000 392 5,050 "'No ]92 220%0 IIS NIM N 1 1:10 0 17 B,%J m %A 4 w 6,1]5 )] 411] 9] J,B51 111 33 1 4M 153 IAN 173 7A51 IBJ 3,651 117 )ABA 313. AM m 1n0 SO AIM 1n .170/ 111 4711 AH 9,000 3JJ 9,050 1)J 14N7 393 11,421 413 1,1130 131 A,17A 14 Lma 74 JI 61 /.IPO 74 Ago. 94 1.- 114 3,912 134 3,725 154 sam 1141990 194 3,530 214 SAM 414 3,434 301 410 114 LTn m 4101 M4 3TM 334 TAN 304 14101 391 1],126 414 110811 434 1,175 U 41N 70 Iytn N. 6113 T! 3,n0 N 3401 Iti; 134 1,339 t% 4000 175 ROOT IBS 3,50] 211E 1,196 239 3,423 MIL 275 k_ 013 Alp 310 RAN SA5 AOW 0.&Q 917 IT.iYR 7W 1,1)5 415 1,159 435 1.180 10 LM SE km 64. IAN P! Lnl O6 ,Left In 1047 156 061 M Now 116 3031 196 3,651 218 41161 2.18 7431 2% V16 216 A4wICI 4,161 310 o" 110 0401 364 sums ME 1FM6 AI ISN 111 LOBO 438 1,06E 17 000 37 11174 57 Aop 12 RON 01 AW 111 CAN 1.37 Lm 107 4000 1'11 ]A3P 107 35n 511 3514 3,5]5 257 4351 2T) STA 7n' 4.161 517 41N 317 1143 341 4070 321 'P.M 7n UM 411 1,100 1,159 10 Rin 3.110 % too A 7364 IN 3ACIA IN ;711 130. 47M 050 40N IM .. S5EI 1.10 1116 1]t ms$ S56 AOM 117 SSM 9w 3.796 AI/ X310 AI 3440 aw 'x000 4)1 mwo 110 L." 410 LIN 4M Lm 10 8606 JB 3114 59 SN] TO 141P n 3611 111 4W 190 ►N! 460 6.000 110 A91w In 3490 51/ 4rM 230 34]1 26P ].011 T]T 34W Det 3,)Be 3,100 339 WO' 9m 108! m '1]307 3.. ).9w 40 Lon 411 Lm m 4,40w a0 41n 60 ka3 N ;661 IN 93✓A4 11p 4Ne /i0 42p ICO -/,[u Ip 33N IID 1?JO 330 i/4a 140 44N m6 6.313 3w 41ei ]tb 4;1e4 31d 4311 x0 3000 140 4N0 len IT,ji] ,m LIFJ 400 Lop VJ pMM 0�m JOB N0, 11-114 SHEEP NO 3 - - - - pm - ► !----►..-• 9_ • _l l 11• -mUd-- l PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST DATE: 05/10/16 CIVIL DESIGN CONSULTANTS, INC. CONSTRUCTION ITEM UNIT QUANTITY UNIT PRICE TOTAL 8" RECLAIMED WATER MAIN LF 1,668 $65.00 $108,420 8" GATE VALVE EA 4 $1,420.00 $5,680 8" VERT. OFFSET EA 7 $3,440.00 $24,080 TEMP BLOW OFF & CUT -IN TEE EA 1 $10,350.00 $10,350 AC TRENCH PER STD 215 SF 26,584 $8.00 $212,672 STRIPE/MARKINGS/BUTTON REPLACEMENT LS 1 $2,600.00 $2,600 CONSTRUCTION SUB -TOTAL $363,802 10% CONTINGENCY $36,380 CONSTRUCTION TOTAL $400,182 *THIS ESTIMATE IS NOT A WARRANTY OF COST 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 ITEM NO. 7C5 Meeting Date: September 13, 2016 Department: Public Safety Submitted By: Aaron Johnson, Commander Prepared By: Aaron Johnson, Commander Agenda Title: Adopt a Resolution to Appropriate $45,000 from the State Asset Forfeiture Fund for the Purchase and Build Out of a New Ford Police Interceptor Utility Vehicle RECOMMENDED ACTION: Adopt a Resolution authorizing the Director of Finance to increase appropriations by $45,000 from the State Asset Forfeiture Fund (Fund 106) for the purchase and build out of one (1) police interceptor utility vehicle. BACKGROUND: Patrol unit #32 (2016 Ford Utility) was involved in an accident in FY2015/16 and was determined to be a total loss. Having unit #32 taken out of service has left a vacancy in the patrol car fleet. With the anticipation of hiring new Public Safety Officers, the Department of Public Safety needs to recover the loss of unit #32. ANALYSIS: Staff has analyzed the need for unit #32 and determined that the prompt replacement of the vehicle is necessary, although the replacement vehicle will not be in service until April 2017. This replacement was not budgeted; therefore, an appropriation of funds is needed. The City is responsible for the deductible of $10,000, and our REMIF coverage will reimburse the City for $22,654. When these funds are received they will be placed in the vehicle replacement fund. Approving the use of State Asset Forfeiture Funds allows the City to move forward more quickly with the purchase, and is an appropriate use of these funds. Per City Ordinance 843, Resolution 2016-51 this vehicle is available for purchase through a Cooperative Purchase Agreement with the County of Sonoma per Quote #SC001-0000000221 from Hansel Ford of Santa Rosa, CA. Per the Purchasing Policy the City Manager is authorized to approve the purchase once the funds are appropriated. ITEM NO. 7C5 FISCAL IMPACT: The price of a new vehicle with associated equipment is approximately $45,000. The State Asset Forfeiture Fund (Fund 106) has sufficient funds to support the purchase of this vehicle and there is no impact to the General Fund. Department Head Approval Date: 08/30/16 Finance Director: 09/06/16 City Attorney Approval Date: N/A City Manager Approval Date: 09/06/16 Attachments (list in packet assembly order): 1. Resolution authorizing the Director of Finance to increase appropriations by $45,000 from the State Asset Forfeiture Fund (Fund 106) for the purchase and build out of one (1) police interceptor utility vehicle. 2 RESOLUTION NO. 2016-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FINANCE DIRECTOR TO INCREASE APPROPRIATIONS FOR FY 2016-17 BY $45,000 FROM THE STATE ASSET FORFEITURE FUND FOR THE PURCHASE AND BUILD OUT OF ONE (1) PUBLIC SAFETY POLICE INTERCEPTOR UTILITY VEHICLE WHEREAS, the City Council of the City of Rohnert Park adopted the FY 2016/17 Budget on June 14, 2016; and, WHEREAS, the City Council has the authority to amend the budget; and, WHEREAS, patrol unit #32 (2016 Ford Utility) was involved in an accident in FY2015/16 and was determined to be a total loss. WHEREAS staff has analyzed the need for unit #32 and determined that the prompt replacement of the vehicle is necessary. WHEREAS, the total cost for the one (1) Police Interceptor Utility Vehicle is not expected to exceed $45,000 and will be fully funded by State Asset Forfeiture Funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Director of Finance to increase appropriations by $45,000 from the State Asset Forfeiture Fund (Fund 106) for the purchase and build out of one (1) police interceptor utility vehicle. DULY AND REGULARLY ADOPTED this 13"' day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk AHANOTU: CALLINAN STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN:( ) 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 ITEM NO. 7C6 Meeting Date: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services/City Engineer Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Authorizing a Consultant Services Agreement with Conservation Corps North Bay for Habitat Mitigation Plan Improvements and Related Actions RECOMMENDED ACTION: Approve a resolution authorizing a Consultant Services Agreement with Conservation Corps North Bay for habitat mitigation plan improvements and related actions. BACKGROUND: The approved Initial Study and Mitigated Negative Declaration (CEQA document) for the East Side Trunk Sewer Ph. 3/Snyder Lane Widening Project (Project) included a Habitat Mitigation Plan (Plan). Implementation of this Plan will mitigate the disturbance to riparian habitat in Copeland Creek caused by the sewer and road widening project. The Plan includes three implementation phases: (1) revegetation along Copeland Creek with native herbaceous cover including riparian trees, shrubs, and native tall herbaceous perennial plants and native perennial grasses; (2) maintenance of the vegetation for five years from installation; and (3) monitoring and annual reporting as required by the jurisdictional resource agencies, including the California Department of Fish & Wildlife, the North Coast Regional Water Quality Control Board ("Regional Board"), the Army Corps of Engineers, and the Sonoma County Water Agency (SCWA). The proposed contract will provide for the revegetation element of the Plan. The revegetation work was to be completed last year but staff requested and received a time extension from the Regional Board. It is necessary to complete this work this year in order to comply with the permit requirements. ANALYSIS: Since the approval of the Project's CEQA document, staff has been pursuing various strategies for implementing the revegetation portion of the Plan. Staff initially considered including the work with the construction contract for the Project but revegetation work is substantially different from roadway and utility construction and could not be effectively accomplished by a public works contractor. Consistent with the City's purchasing policy, staff issued a Request for Proposals for the implementation of the Habitat Mitigation Plan. Staff received a number of proposals for the work but the proposed costs were substantially beyond the City's budget for the restoration work and the proposals were rejected. Because SCWA implements revegetation projects as part of its own work in Copeland Creek, staff began discussions with SCWA about how to accomplish the revegetation work. While SCWA was not able to assist the City directly, SCWA's staff referred the City to the Conservation Corps North Bay (CCNB). CCNB is a non-profit organization that provides natural resources conservation and preservation services throughout Marin and Sonoma Counties. CCNB frequently partners with SCWA on creek maintenance and restoration in SCWA- ITEM NO. 7C6 maintained channels such as Copeland Creek. CCNB is well-qualified to carry out the revegetation work that is the scope of this contract. Consistent with the City's purchasing policy, staff secured a proposal from CCNB. CCNB's proposed cost of $30,000 was a fraction of the costs estimates staff secured with its Request for Proposal process. CCNB will provide the services necessary to implement the revegetation portion of the Plan. CCNB will time its work so that the revegetation effort occurs late in the fall and the new vegetation will receive the benefit of winter rainfall, minimizing initial maintenance requirements. Staff believes that the subsequent maintenance and monitoring work can be accomplished by a combination of City staff and SCWA staff, who are already maintaining vegetation in Copeland Creek. If necessary, staff has as -needed contracts with several biological consultants that can assist with monitoring and reporting as needed. ENVIRONMENTAL ANALYSIS: Implementing the Plan is a required mitigation measure that was included in the adopted CEQA document for the East Side Trunk Sewer Ph. 3/Snyder Lane Widening Project. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: 1. Contract with CCNB to perform the revegetation work (recommended option). This contract will result in the work being completed in a timely fashion by a qualified contractor at an affordable price. 2. Secure additional proposals for revegetation work. This option is not recommended because staff has already made one attempt to secure proposals and the costs proposed by responding firms were significantly above CCNB's proposed price. Securing additional proposals will take additional time and will potentially delay the project past the extended completion date secured from the Regional Board. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this contract with CCNB is $30,000. The contract will be encumbered and expensed in the East Side Trunk Sewer Ph. 3/Snyder Lane Widening Project (Prof. No. 2014-01) and funded with an appropriation from the Copeland Creek Drainage Fund (Fund 195). The Copeland Creek Drainage Fund is comprised of fees paid by developers for impacts to Copeland Creek. The East Side Trunk Sewer Ph. 3/Snyder Lane Widening Project is a capital improvement project undertaken to provide more capacity for new development that had impacts on Copeland Creek. Using Copeland Creek Drainage Funds to mitigate the impacts of development on Copeland Creek meets the nexus requirements for use of the fund. Department Head Approval Date: 08/31/2016 Finance Director Approval Date: 08/31/2016 City Attorney Approval Date: 08/30/2016 City Manager Approval Date: 09/2/2016 Attachments (list in packet assembly order): 1. Resolution Authorizing a Consultant Services Agreement with Conservation Corps North Bay for Habitat Mitigation Plan Improvements and Related Actions 2. Exhibit A to Resolution: Consultant Services Agreement for Habitat Mitigation Plan Improvements 2 RESOLUTION NO. 2016-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A CONSULTANT SERVICES AGREEMENT WITH CONSERVATION CORPS NORTH BAY FOR HABITAT MITIGATION PLAN IMPROVEMENTS AND AUTHORIZING RELATED ACTIONS WHEREAS, the City's East Side Trunk Sewer Phase 3/Snyder Lane Widening Project (Project) is a capital improvement project included in the City's General Plan that provides for the sewer and transportation capacity necessary to serve new development in Rohnert Park; WHEREAS, the adopted, required mitigation measures for the Project include the implementation of a Habitat Mitigation Plan (Plan) to compensate for areas of Copeland Creek impacted by the project; WHEREAS, the Copeland Creek Drainage Fund is a special revenue fund of the City with the specific purpose of mitigating impacts to Copeland Creek caused by new development; WHEREAS, the specialized nature of the Plan requires the City to contract for the services needed to implement portions of the Plan; WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions, including contracting for services, shall be governed by the City's Purchasing Policy; and WHEREAS, Section 3.61) of the City's Purchasing Policy allows that contracts for consultant services may be awarded through competitive or negotiated processes; WHEREAS, City staff issued a Request for Proposals in August 2015, which resulted in three proposals, which were evaluated and rejected by City staff because they were nonresponsive to the City's budget needs; WHEREAS, City staff then contacted the Conservation Corps North Bay to invite a proposal for the revegetation work included in the Plan; WHEREAS, Conservation Corps North Bay is a non-profit organization with significant experience in creek restoration and maintenance in Sonoma County, is qualified to perform the work and possesses the technical expertise and manpower to provide the revegetation in accordance with the Habitat Mitigation Plan; WHEREAS, Conservation Corps North Bay submitted a proposal for performing the Habitat Mitigation Plan revegetation work which was responsive to the City's needs including budget needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a Consultant Services Agreement with Conservation Corps North Bay for Habitat Mitigation Plan Improvements in substantially similar form to Exhibit A which is attached hereto and incorporated by reference (the "Agreement"), in an amount not to exceed thirty thousand dollars ($30,000). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to the same for and on behalf of the City of Rohnert Park, including the Agreement, subject to minor changes approved by the City Attorney. BE IT FURTHER RESOLVED that the Finance Director is authorized to make funding appropriations from the Copeland Creek Drainage Fund (Fund 195) and increase budgeted expenses in the Project, as necessary, to cover the costs of this Consultant Services Agreement. DULY AND REGULARLY ADOPTED this 13�h day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk Attachment: Exhibit A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-91 _ 6z CALIPORNI" CONSULTANT SERVICES AGREEMENT FOR HABITAT MITIGATION PLAN IMPROVEMENTS THIS CONSULTANT SERVICES AGREEMENT FOR HABITAT MITIGATION PLAN IMPROVEMENTS ("Agreement") is entered into as of the day of September, 2016, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and, Conservation Corp North Bay, a non-profit organization ("Consultant"). RPritnk WHEREAS, as part of the City's ongoing sewer maintenance and improvement efforts related to the Eastside Trunk Sewer and Snyder Lane Widening projects, some habitat in Copeland Creek corridor will be impacted; and WHEREAS, a Habitat Mitigation Plan has been prepared to compensate for the impact on Copeland Creek. The proposed mitigation plan identifies mitigation measures that should be taken to offset these impacts; and WHEREAS, City desires to retain a services of a professional organization to do the mitigation work; and WHEREAS, Consultant has extensive experience doing creek maintenance, restoration and mitigation work; and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in the Scope of Services of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Scope of Services of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. A. City. The City Manager or his/her designee shall represent City for all purposes OAK #4820-7702-3029 vl under this Agreement. Artur De Rosa is hereby designated as the Project Manager. The Project Manager shall supervise the progress and execution of this Agreement for City. B. Consultant. The Consultant shall have overall responsibility for the progress and execution of this Agreement. James Chayka is hereby designated as the primary point of contact for Consultant who shall supervise the progress and execution for this Agreement for Consultant. 3. Scone and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Consultant shall perform the services set out in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by reference. B. Time of Performance. The services of Consultant 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. Consultant shall perform its services in accordance with the schedule attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in either this Section 3 or Exhibit A must be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All services performed by Consultant 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 Consultant's field of expertise. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for needs assessment and treatment services, shall be at the compensation rate attached hereto as Exhibit A, and incorporated herein by reference. 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. Timing of Payment. Consultant shall submit a statement at the completion of the needs assessment. City shall make payment at completion of work, after approval of the invoice by the Project Manager. Payments for on-going services will be made monthly or upon receipt and approval of invoice. Invoices shall reflect hourly rates of services. B. Changes in Compensation. Consultant will not undertake any work that will incur OAK #4820-7702-3029 vl costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment to this Agreement. C. Taxes. Consultant 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 Consultant. D. No Overtime or Premium Pay. Consultant 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. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant 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. E. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Amendment to Scope of Services. City shall have the right to amend the Scope of Services within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either parry to the Agreement. Consultant shall not commence any work exceeding the Scope of Services without prior written authorization from the City. Failure of the Consultant 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. 6. Term. This Agreement shall commence upon its execution by both parties and shall continue in full force until March 31, 2017 or otherwise terminated or amended as provided herein. 7. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. OAK #4820-7702-3029 vl 8. Ownership of Documents. Title to all assessment plans, estimates, reports, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by the Consultant without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 9. Employment of Other Consultants, Specialists or Experts. Consultant 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. 10. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: 1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and 2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) OAK #4820-7702-3029 vl 11. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 12. Indemnity. To the fullest extent permitted by law, Consultant hereby agrees to defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its officers, elected officials, employees, agents, and volunteers from and against any and all claims, demands, damages, costs, liabilities, or obligations brought on account of or arising out of any acts, errors, or omissions of Consultant, its officers, employees, agents, and subcontractors undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful misconduct of City. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion and acceptance or otherwise. Consultant's duty to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. 13. Consultant Not an Agent of City. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 14. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City; and as an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 15. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Except as otherwise allowed by City in its sole discretion, Consultant and all sub consultants shall have acquired, at their expense, a business OAK #4820-7702-3029 vl license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph. B. Workers' Compensation. Consultant 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 Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. D. City Not Responsible. City is not responsible or liable for Consultant's failure to comply with any and all of its requirements under this section and Agreement. E. Waiver of Subrogation. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for the City. 16. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the City, or as required by law. 17. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. OAK #4820-7702-3029 vl If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 18. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit B to this Agreement. 19. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon ten (10) calendar days written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by Consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory Services performed through the date of temporary suspension. OAK #4820-7702-3029 vl 21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between the City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing parry. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. 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 parry at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: Art da Rosa Project Manager City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 Phone: 707-588-2212 If to Consultant: James Chayka Project Manager Conservation Corps North Bay 27 Larkspur Street San Rafael, CA 94901 Phone: 415-454-4554 OAK #4820-7702-3029 vl 26. Consultant's Books and Records. A. Consultant shall maintain any and all records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City and 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. B. 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 Manager, or a designated representative. Copies of such documents shall be provided to the City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 27. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 28. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, gender identification, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, gender identification, 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. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 29. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than the Consultant. 30. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. OAK #4820-7702-3029 vl 31. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 32. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: Exhibit A: Scope of Services and Compensation Exhibit B: Insurance Requirements Exhibit C: Habitat Mitigation Plan 33. 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. 34. News Releases/Interviews. All Consultant and sub -consultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. 35. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California 36. Authorijy. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such parry and that this Agreement is binding on such party in accordance with its terms. 37. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. OAK #4820-7702-3029 vl IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSERVATION CORPS NORTH BAY By: City Manager Date: Per Resolution 2016 - ATTEST: By: City Clerk OAK #4820-7702-3029 vl By: _ Title: Date: EXHIBIT A Scope of Services and Compensation OAK #4820-7702-3029 vl PROPOSAL 7/21/2016 CONSERVATION CORPS NORTH BAY CONTRACTORS LIC. #690064 27 Larkspur Street, San Rafael, CA 94901 Mei City of Rohnert Park Scope of Work Conservation Corps North Bay will supply to City of Rohnert Park a supervised crew of Corpsmembers to assist with habitat restoration and re -vegetation services on Copeland Creek (per the May 2015 Habitat Mitigation Plan- Snyder Lane Widening Project Phase 1): CCNB crews will install 18 trees, 944 shrubs, and 234 grasses per the planting palette listed in the "Habitat Mitigation Plan" by GHD Environmental Consultants (Table 3). All plants will be installed in the zone designations prescribed in Table 3, and the site plan detailed in Table 1. CCNB will source and purchase native plant stock for this project from Sonoma County nurseries. Labor (6 days @ $2,938.00 per day) $17,628.00 Materials (plants, stakes, mulch) $12,372.00 *Subtotal: $30,000.00 *note: CCNB is still waiting for final price quotes from North Bay Natives and Buckeye Nursery, final material charges may vary. Fiscal Display Charges are based on a labor rate and materials and equipment expenses as follows and as required: Dump truck, $300; Bobcat, $200; Extra vehicle, $150 per day; Chipper, $350. Disposal costs and materials are billed at cost plus 10% handling. The hourly labor rate is $30.75 per Corpsmember hour and $59.75 per Supervisor hour. A typical crew of 10 Corpsmembers and 1 Supervisor is $2,938.00 per day plus expenses. Billing includes travel time to and from the CCNB Center. Labor and services will be provided until total costs equal contract total or the scope of the work is completed, whichever comes first. Actual daily costs may vary due to attendance. This proposal is valid for two months. EXHIBIT B INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage andpolicy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact 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 less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. 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 $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' 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 the 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 Consultant, sub consultants or others involved in the Work. 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. 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 Consultant and "Covered Professional Services" as designated in the policy must specifically include 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. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. OAK #4820-7702-3029 vl Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. 1. Consultant 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 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant 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. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor 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. 5. 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. 6. 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. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant 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. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant'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 has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. OAK #4820-7702-3029 vl 9. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation of coverage. Consultant 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. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self-insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant 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, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant'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 Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. 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. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Consultant 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 OAK #4820-7702-3029 vl coverage binder or letter from Consultant'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. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. 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. 20. 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. 21. 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. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional 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. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this 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. OAK #4820-7702-3029 vl CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the , and a duly authorized representative of the firm of , whose address is , and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date OAK #4820-7702-3029 vl Signature EXHIBIT C Habitat Mitigation Plan OAK #4820-7702-3029 vl I Habitat Mitigation Plane Eastside Trunk Sewer Phase III — Snyder Lane Widening Project Phase 1, City of Rohnert Par May 2015 VVAI-ER ENERGY& RESOURGES ENVIRONMEN I PHOPERTY & BUILDINGS I I RANSPOR IATION Table of contents 1. Introduction........................................................................ 1.1 Project Background ................................................. 1.2 Project Description .................................................. 2. Proposed Mitigation Plan .................................................. 2.1 Goals of Mitigation .................................................. 2.2 Time Schedule for Implementation of the Project... 2.3 Impacts to Creek Bed and Bank ............................. 2.4 Proposed Planting Areas ........................................ 3. Maintenance and Monitoring Plan .................................... 3.1 Responsible Party ................................................... 3.2 Implementation, Maintenance and Monitoring Plan Table index ..................................................................1 ..................................................................1 ..................................................................1 .................................................................. 5 .................................................................. 5 .................................................................. 5 .................................................................. 5 .................................................................. 6 ................................................................11 ................................................................11 ...............................................................11 Table 1 Permanent Fill Above and Below the Ordinary High Water Mark(OHWM).....................................6 Table 2 Plant Species to Be Used for the Planting Plan in Copeland Creek................................................9 Table 3 Planting Zones, Area and Numbers of Plants to Be Installed........................................................10 Table4 Seed Species Type........................................................................................................................13 Figure index Figure 1: Planting Plan 7 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project I i This page is intentionally left blank ii I GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 1. Introduction 1.1 Project Background The City of Rohnert Park owns and operates wastewater collection and conveyance facilities that serve the City and Sonoma State University. The primary purpose of the Eastside Truck Sewer (ESTS) project is to increase reliability and capacity of this critical conveyance system from existing and future collection points east of U.S. Highway 101 to the terminal lift station. The additional capacity of a new trunk sewer would provide for surcharge relief resulting in increased reliability, as well as providing for planned development envisioned on the east side of the City within the approved Urban Growth Boundary. The City's ESTS project consists of a 3.5 -mile long pipeline of varying diameters (18-, 24-, 27-, 42-, and 48 inches) beginning at the intersection of East Cotati Avenue and Snyder Lane. The first two of the project's three sewer phases were completed in 2014 and are in service from Southwest Boulevard and Snyder Lane west to the Rohnert Park Sewage Lift Station in the western portion of the City on J. Rogers Lane. (From there, the sewage is conveyed to the City of Santa Rosa's Laguna Treatment Plant.) The third phase of the project consists of the project sewer segment in Snyder Lane from Southwest Boulevard north to Rohnert Park Expressway, as well as the widening of Snyder Lane to implement a portion of the Phase 1 Snyder Lane Roadway Widening project identified in the City's Capital Improvement Plan (CIP). The Phase 1 Snyder Lane Roadway Widening project implements the General Plan classification of Snyder Lane as a four -lane Major Arterial Roadway. 1.2 Project Description For the purpose of this habitat mitigation plan, the Project area is defined as that portion of the Project traversing the Copeland Creek corridor. Snyder Lane within this area is currently two travel lanes and a striped median with intermittent bollards in the approaches to the creek crossing. The creek crossing, or bridge, is comprised of three box culverts set side-by-side in the creek channel, with the roadway paved over top of them (see Photos 1 and 2). The Project improvements at this location would consist of the following components: • Widening and reconstructing Snyder Lane; • Extending the existing box culverts in the creek channel (to accommodate the roadway widening); • Installing the Eastside Trunk Sewer segment; and, • Relocating a PG&E high pressure gas main and electric line. Each of these components is described below. It should be noted that this reach of Copeland Creek is part of an integrated stormwater management system for the cities of Rohnert Park and Cotati and specifically the Snyder Road crossing, is maintained by the Sonoma County Water Agency (SCWA) as a sediment catchment facility. SCWA has a standing agreement with the jurisdictional agencies to remove accreted sediment from the Copeland Creek channel as an annual maintenance activity. This maintenance clearing — already subject to mitigation by the resource agencies — occurs within the "dry season" of June 15 through October 15. GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 11 Photos 1 through 4 below show the current site conditions within Copeland Creek at the Snyder Lane crossing. Photo 1: East side of the Snyder Lane box culverts. Photo 2: East side of the Snyder Lane box culverts. J Photo 3: West side of the Snyder Lane box culverts. Photo 4: West side of the Snyder Lane box culverts. 1.2.1 Widening and Reconstruction of Snyder Lane The Project includes widening Snyder Lane between East Cotati Avenue and Parkway Drive. As mentioned above, the roadway in this area is currently composed of two travel lanes and a striped median with intermittent bollards. The proposed roadway widening would widen the pavement to the east to accommodate four 11 -foot travel -lanes (two in each direction), a 16 -foot raised landscaped median, 5 -foot bike paths on both sides of the roadway, and a 6- to 9 -foot sidewalk, curb and gutter over Copeland Creek. Structural soil will be placed in the planter areas and medians. 1.2.2 Culvert Extension The widening of Snyder Lane would require the extension of the existing box culverts located within Copeland Creek supporting the roadway overcrossing. The box culverts would be widened by approximately 32 feet to the east (i.e., upstream). This would involve the extension of three 9 x 15 - foot box culverts set side-by-side within the creek in the same configuration as the existing culverts. The bottom of these structures would be set into the creek bed approximately 1 to 4 feet to allow for sediment to create a natural creek bed in the culverts. In addition, 10 -foot wingwalls would be added on the north and south sides angling into the creek banks. On the west side (i.e., downstream) of the Snyder Lane box culverts, the existing abutment and railing would be replaced, extending the box culvert by approximately 2 feet. The bottom of these 2 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project structures would be set into the creek bed by 1 foot and 10 -foot wingwalls would be added on the north and south sides to match the east side of the structure. The construction activities during this process would include the following: Rough grade the channel and excavate for installation of the additional box culverts, abutments, and wingwalls; Construct new box culverts and easterly and westerly headwalls and wingwalls; and Where possible, the site would be restored to pre-existing conditions, in accordance with this habitat mitigation plan. 1.2.3 Pipeline Installation The Project includes the installation of a 24 -inch diameter gravity trunk sewer pipe under Snyder Lane extending south from Rohnert Park Expressway to Southwest Boulevard. An open trench method of construction would be used to install the sewer main under Copeland Creek. The 24 - inch PVC pipe would be inside 75 feet of 36 -inch steel casing. The pipe would be below the floor of the extended culvert. 1.2.4 Utility Relocation An existing 8 -inch high pressure gas main located along the east side of the Snyder Lane crossing would be relocated approximately 5 feet to the west to avoid conflict with the abutment of the box culvert extension. The existing segment, approximately 50 feet long, would be temporarily decommissioned before extraction. The new gas main segment would then be installed beneath the creek bed using an open trench method of construction. The new gas main segment would be approximately 87 feet in length within a 12 -inch casing. Additionally, the electrical line would also be encased under the creek. As with the new sanitary sewer line, these facilities would also both be below the floor of the extended culvert. GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 13 This page is intentionally left blank 4 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 2. Proposed Mitigation Plan 2.1 Goals of Mitigation The goal of this mitigation plan is to provide both a native herbaceous cover along with a combination of riparian trees, shrubs, and native tall herbaceous perennial plants to compensate for the impacted areas of Copeland Creek attributable to the Eastside Trunk Sewer and Snyder Lane Widening projects. Areas disturbed by construction will be seeded with a seed mix of native perennial grasses. The seed mixture is described in the implementation section. 2.2 Time Schedule for Implementation of the Project The construction of the Project is expected to occur between June 2015 and October 2016. All in - water work will occur during the dry season of June 15 to October 15. The disturbance area caused by the construction of the additional box culverts will occur in the creek bed, as well as construction worker activity. Equipment to be used would be an excavator. The equipment used within the entire Project time period would include an excavator, truck loader, bulldozer, grader, backhoe, wheel dozer, asphalt paver, and a roller. The equipment will be parked or staged on a previously used construction staging area north of the creek on the west side of Snyder Lane. No staging areas will be placed in areas that may affect any riparian corridors or Waters of the US or wetlands. If staging areas are placed in non -paved areas, they will not be used for more than one construction season and associated impacts will, therefore, be temporary in nature. 2.3 Impacts to Creek Bed and Bank Currently, there are three box culverts which form the Snyder Lane bridge over Copeland Creek. The box culverts will be extended to the east (i.e., upstream) to accommodate the road widening. The fill in the creek will include the bridge abutments, the wingwalls, and the box culvert sections to accommodate the widening of Snyder Lane. No new storm drainage culverts will be installed. The extended culverts — to be set side-by-side in the same configuration as the existing box culverts — will require approximately 144 cubic yards of Portland cement concrete and would be constructed off-site and then installed where the roadway would be widened. In addition, the bridge abutments would require 19 cubic yards of Portland cement concrete and the wingwalls would require 17 cubic yards of the same material. Both the abutments and wingwalls will also be constructed off-site. Please see Table 1 (Permanent Creek Disturbance Above and Below the Ordinary High Water Mark) below for a breakdown of the fill and disturbance that will occur above and below the ordinary high water mark (OHWM) in Copeland Creek. GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 15 Table 1 Permanent Fill Above and Below the Ordinary High Water Mark (OHWM) Cubic Yards Square Feet Linear Feet Above OHWM 214 yd 2,660 ft2 23 ft Below OHWM 93 yd 3,233 ft2 52 ft Total 307 yd' 5,893 ft2 52 ft It should be noted that this section of the Copeland Creek is used by SCWA as a sediment catchment facility. This section of channel is disturbed annually as a part of SCWAs maintenance work. SCWA has a standing agreement with the jurisdictional agencies to remove accreted sediment from the Copeland Creek channel as an annual maintenance activity. 2.4 Proposed Planting Areas Since 2010, SCWA has been implementing a Stream Maintenance Program (SMP) throughout its jurisdiction — including Rohnert Park and Copeland Creek — intended to balance riparian and aquatic habitat function with flood control. Much of the associated environmental enhancement is accomplished through selective vegetation management, focused sediment removal, and strategic native plantings. The mitigative actions proposed herein for the Eastside Trunk Sewer and Snyder Lane widening projects will integrate with ongoing SWCA management planning and implementation of the SMP, as well as following a strategy shown to be successful in similar situations. These actions are intended to compensate for environmental impacts associated with the Eastside and Snyder Lane projects. These mitigative actions are intended to augment ongoing enhancement of the larger riparian corridor along Copeland Creek between Commerce Boulevard and Snyder Lane. Approximately 0.3 acre will be planted with a combination of instream herbaceous plantings around outfalls and on stream banks, as well as native shrubs and upper bank trees in gaps along the south bank of Copeland Creek (see Figure 1). This would compensate for impact to 0.1 acre of stream bed and bank for a total 3:1 compensation to impact ratio. Table 2 (Plant Species to be used for the Streamside Planting Plan in Copeland Creek) provides a list of plant species for each zone and Table 3 (Planting Zones, Area, and Numbers of Plants to Be Installed) shows the size and location for each zone. The species provided in Table 2 were selected because they are most appropriate for use in flood control channels. These plants are native species typical to Sonoma County creek systems and are most commonly used to replace and enhance in -stream and side bank herbaceous conditions. These have been found to be the most beneficial to initiate desired conditions instream and self - sow most effectively. Spacing can vary and strategic planting taking advantage of existing micro- topography can be the most successful. In general, toe plantings can be installed in the spring, summer, and early fall. Trees will be planted 40 feet apart and shrubs will be planted 2 to 3 feet apart. 6 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project ! W �or x a a T- -r' AMMIL— Irw r — --!— --- ---� y AR ------------- •yw� 1 /-moi'-�- LY iL'.�Ta.XI IX.r',K4KO , 1 I I I I i Ia 1 111 I IM-1 I li low a.. u IL NOR 16 i i i i 6 6 G ..J I �~ r This page is intentionally left blank 8 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project This mitigation planting is organized into three zones, with the upper zone further defined based on height. Planting Zone A is the in -stream enhancement zone and corresponds to the toe/instream planting area. The toe is defined as the 1- to 3 -foot zone at the bottom and side of channel where channel bottom and side bank meet. (This is also where the OHWM is located.) The herbaceous plantings will be installed in this zone. Planting Zone B is the upper bank enhancement zone, which extends from the top of Zone A to approximately 15 feet up toward the top -of -bank. Native shrubs and trees (sub -canopy and canopy species, respectively) will be planted in this zone. Planting Zone C is not mapped in this plan, but is vertical in nature. It is comprised of the canopy created by the Zone B trees (i.e., canopy species), which will provide shading and upper story habitat for the creek channel. Table 2 Plant Species to Be Used for the Planting Plan in Copeland Creek Instream Herbaceous Plantings Carex nudata torrent sedge Carex barbarae basket sedge Juncus balticus Leersia oryzoides Scirpus microcarpus Sub -Canopy Species Artemisia douglasii Rosa californica Scrophularia californica Leymus triticoides Riparian Trees Sequoia sempervirens Quercus agrifolia Quercus lobata Quercus kellogii Baltic rush California rice grass small fruited bulrush mugwort California rose figwort creeping wild rye coast redwood coast live oak valley oak California black oak A (instream/toe) A (instream/toe) A (instream/toe) A (instream/toe) A (instream/toe) B (upper bank/sub-canopy) B (upper bank/sub-canopy) B (upper bank/sub-canopy) B (upper bank/sub-canopy) B/C (upper bank/canopy) B/C (upper bank/canopy) B/C (upper bank/canopy) B/C (upper bank/canopy) GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 19 Table 3 Planting Zones, Area and Numbers of Plants to Be Installed A-1 Instream/Toe 434 10 A-2 Instream/Toe 1,182 190 A-3 Instream/Toe 295 10 A-4 Instream/Toe 469 14 A-5 Instream/Toe 348 10 B-1 Upper Bank 846 1 canopy 10 sub -canopy B-2 Upper Bank 1,511 2 canopy 166 sub -canopy B-3 Upper Bank 1,127 3 canopy 150 sub -canopy B-4 Upper Bank 835 2 canopy 16 sub -canopy B-5 Upper Bank 1,382 2 canopy 140 sub -canopy B-6 Upper Bank 3,515 4 canopy 300 sub -canopy B-7 Upper Bank 1,008 3 canopy 153 sub -canopy B-8 Upper Bank 294 1 canopy 9 sub -canopy Total Area 13,245 Figure 1 shows the Zone A planting locations, which corresponds with a number of outfalls into Copeland Creek downstream of the Snyder Lane crossing. The plants will be installed at each location, representing a mix of the species listed in Table 2, installed strategically to match their habitat (inundation) preferences. These should be installed on 2- to 3 -foot centers and occupy a linear distance of 20 feet. This would augment an area of approximately 2 feet by 20 feet (or 40 square feet) immediately at each outfall and proportionately help in reducing sediment and nutrients entering the channel. Additionally, introducing these species to the channel has the added benefit of proliferating the propagules of desirable species further throughout the system. Figure 1 also shows the desired locations for the Zone B/C plantings. As noted in Table 2, species installed would include coastal redwood (Sequoia sempervirens), coast live oak (Quercus agrifolia), valley oak (Quercus lobata), and California black oak (Quercus kellogii). Recommended planting numbers would be 24 redwoods, 10 valley oaks, 10 coast live oaks, and 10 black oaks distributed across Zone B as shown in Table 3 for each location. In Zone B/C areas where multiple trees will be planted, the trees will be planted 40 feet apart on center. Each tree (to start) would be assumed to be enhancing approximately a 10- by 10 -foot area (or 100 square feet). Additional shading along the south side of the channel (i.e., Zone C) would help to deepen the shade provided by the current 10 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project canopy. This shade will be effective at reducing the density of instream vegetation — especially cattails (Typha spp.) and Himalayan blackberry (Rubus discolor) — which in turn reduces the rate of sedimentation in the channel. 3. Maintenance and Monitoring Plan 3.1 Responsible Party As noted above, this reach of Copeland Creek serves a SCWA-maintained sediment control facility and is maintained annually through the removal of sediment within and adjacent to the Snyder Lane crossing. While the City of Rohnert Park owns the creek channel in this reach, SCWA also has a flood control easement on the channel which allows it to maintain the channel as a flood control facility for the benefit of all in the Copeland Creek watershed. With these mutual interests in mind, the City of Rohnert Park has developed this habitat mitigation plan to complement SCWA's ongoing efforts. The City will either enter into a cooperative agreement with SCWA to provide adequate funding for the execution of this habitat mitigation plan, or it may choose to contract this service independently. The funding assured by this agreement will be of an amount sufficient to install the mitigative plantings, provide for five years of maintenance, and five years of annual reporting as required by the jurisdictional resource agencies, as detailed below in Section 3.2, Implementation, Maintenance and Monitoring Plan. This habitat mitigation plan must be appended to the cooperative agreement or other contracting vehicle [if an independent contractor is used] to serve as the scope -of -work. This agreement requires concurrence of the California Department of Fish and Wildlife (CDFW) and North Coast Regional Water Quality Control Board (RWQCB) prior to execution by the City and SCWA. Additionally, if the City engages an independent contractor to execute this mitigation plan, the City will consult with SWCA to ensure that the City -contracted actions do not interfere with SCWA's responsibilities under its flood control easement. While adhering to the mitigation requirements set forth by the resource agencies, the planting plan for this project also adheres to SCWA SMP approach, objectives, and implementation strategies. This mitigation plan acknowledges that the City of Rohnert Park, or its contractor [if used], will not be held accountable or responsible for affects to any mitigation plantings as a result of SCWA maintenance activities. CDFW, RWQCB, and the U.S. Army Corps of Engineers (Corps) acknowledge that the SCWA does regular maintenance in Copeland Creek. Therefore, any of the mitigation plantings affected by SCWA maintenance activities during the five-year monitoring period for this mitigation plan will be the responsibility of SCWA. Should this occur, a SCWA representative would notify the City and the assigned CDFW representative of how many plants per acre were affected. All other plantings not affected by SCWA maintenance activities will continue to be monitored as described below for the five-year monitoring period or until the performance criteria are achieved. 3.2 Implementation, Maintenance and Monitoring Plan The final planting design shall be developed in the field by a professionally -qualified ecological restoration specialist on SCWA's staff or engaged by by the City. Each planting location shall be marked in the field with a color -coded (to species) surveyor flag. Flags shall remain at each planting location after plant installation. GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 111 Plant material shall be supercells, depots, or treepots. All plants shall receive a protective buffer of 3 to 4 feet of wood chips or weed control fabric. This protective buffer will assist in suppressing competing and invasive vegetation. Trees will be planted no closer than 40 feet on center. Shrub and tall herbaceous perennial species will be planted on 2- to 3 -foot centers; herbaceous plants will be planted on 3- to 5 -foot centers. Maintenance under this plan will include replacement planting, additional watering, weeding, invasive exotic eradication and any other practices to achieve proscribed mitigation requirements. Any replacement plants shall be monitored with the same survival and growth requirements specified in this plan for five years after planting. Plants shall be hand -watered during the dry season from May to October. Approximately 1 to 2 gallons of water shall be applied immediately adjacent to the outside of the planting collar during each watering application. Watering frequency during the first dry season shall be every 7 to 10 days, depending on weather conditions. During the second dry season, plants will be irrigated once every 2 to 3 weeks. Some trees planted near the toe -of -slope may not require irrigation (although all planted trees shall be monitored for watering needs). No supplemental watering will occur after the second season, as the plants are meant to be self-sustaining. The plantings shall be maintained for five years following plant installation. Grasses in the top -of - bank area are mowed up to three times annually using a flail mower where space allows or with hand-held tools, such as a weed -whacker, where a flail mower is not practical. If a flail mower or other violent chopping machine is used, then all slash, sawdust, cuttings, will be left in place as mulch (except in the active channel). It should be noted that the placement of the upper bank enhancement areas would be installed such that they are just beyond this mowed and sprayed zone. The plantings shall be maintained and monitored for five years following plant installation. Invasive, exotic weedy plants shall be eradicated from any areas within the planting zones. Invasive plant removal requires extreme diligence for several years as roots and/or seed left on-site can easily become reestablished. The site shall be carefully monitored for re -infestations of non-native blackberry and other invasive, exotic weedy plant species. Follow-up measures shall be taken to avoid re -invasion. There shall be a complete survival count of mitigation plantings each year during the five-year maintenance period. The first count shall occur at the end of the first growing season. The final count shall occur at the end of the five-year maintenance period. Monitoring reports shall include the survival, percent cover, and height of each tree, shrub and tall herbaceous perennial species. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo locations shall also be included. If the City's independent contractor is executing this plan, the annual monitoring reports will be submitted to CDFW, RWQCB, the Corps, and SWCA by January 31 after each of the five years of monitoring. If SCWA is executing this plan, these reports will be submitted to these agencies on February 15 after each monitoring year to allow the City the opportunity for review prior to formal agency submittal. The monitoring of replacement plantings is address below in Section 3.2.2, Success Criteria. 12 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 3.2.1 Seeding Any areas where vegetation has been removed and soil is exposed either from weed removal or from project -related construction activities will be treated with the following mix of native grasses as an erosion control seeding. Seed shall be hand broadcast or applied as hydromulch. Seeding shall be installed by October 15 of the same year. Table 4 (Seed Species Type) below provides a breakdown of the species type that will be planted and the application rate (pounds per acre). Table 4 Seed Species Type Agrostis exarta Bentrass 5,000,000 1 115 Bromus carinatus California brome 100,000 3 7 Elymus glaucus Blue wildrye 110,000 3 8 Festuca rebura Red fescue 400,000 3 28 Hordeum Meadow barley 150,000 5 17 brachyantherum Leymus triticoides Creeping wild rye 126,000 5 14 Vulpia microstachys Nuttall's fescue 300,000 2 14 3.2.2 Success Criteria All woody plantings shall have a minimum of 80 percent survival at the end of five years. If the survival is less than 80 percent, then SCWA will be responsible for notifying the City of Rohnert Park, as well as the replacement planting, additional watering, weeding, invasive exotic eradication and any other practices to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements specified in this plan for five years after planting. All woody plants will be considered in excellent to good condition at the end for five years. The definitions of excellent and good conditions are as follows: Excellent: Healthy plant with vigorous growth, no necrotic or chlorotic leaves, no other signs of damage. Good: Plant appears healthy but some necrosis or damage may be present but will not affect the long-term growth and health of the plant. Photos from designated photo locations shall also be included. As noted above, these monitoring reports will be submitted to the Corps, CDFW, RWQCB, and City of Rohnert Park by January 31 after each of the five years of monitoring. GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project 113 This page is intentionally left blank 14 1 GHD I Habitat Mitigation Plan — Eastside Trunk Sewer Phase III/Snyder Lane Widening Phase 1 Project www.ghd.com ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 7C7 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: September 13, 2016 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Conflict of Interest Code Biennial Review and Amending Conflict of Interest Appendix A: Designated Positions and Appendix B: Disclosure Categories RECOMMENDED ACTION: Approve Resolution Amending Conflict of Interest Code Appendix A: Designated Positions and Appendix B: Disclosure Categories. BACKGROUND: The Political Reform Act (California Government Code Section 81000, et seq.) requires every local government agency to adopt and circulate Conflict of Interest Codes. A Conflict of Interest Code designates positions within the City that are required to file a Statement of Economic Interest (Form 700) and assign disclosure categories specifying the types of financial interests to be reported. The Act further requires government agencies to conduct biennial reviews of their Conflict of Interest Codes by October 1St of even -numbered years to determine if the Conflict of Interest Code accurately designates appropriate positions and disclosure categories. In 2004, Council approved amendments to the Code be made by resolution rather than by ordinance. ANALYSIS: The Conflict of Interest Code was reviewed by Human Resources, City Attorney's Office, and City Clerk. Staff recommends that Council amend Rohnert Park's Conflict -of -Interest Code Appendix A (Exhibit A to the Resolution) to reflect the addition of new designated positions, deletion of eliminated positions, and revisions to titles of existing positions. Also added are the Rohnert Park Financing Authority, City of Rohnert Park Foundation, Rohnert Park District, Rohnert Park Civic Commission, and Successor Agency to the Community Development Commission. The changes are indicated in red. STRATEGIC PLAN ALIGNMENT: NA OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approving the Resolution amending Conflict of Interest Code Appendix A: Designated Positions and Appendix B: Disclosure Categories because mandated by the Political Reform Act. 2. Alternative: None considered. This action is required by law and is not discretionary. FISCAL IMPACT/FUNDING SOURCE: None Department Head Approval Date: NA Finance Director Approval Date: NA City Attorney Approval Date: 9/2/2016 City Manager Approval Date: 9/8/2016 Attachments (list in packet assembly order): 1. 2016 Local Agency Biennial Notice 2. Resolution ITEM NO. 7C7 3. Exhibit A to Resolution: a) Appendix A — Designated Positions b) Appendix B — Disclosure Categories 2 2016 Local Agency Biennial Notice Name of Agency: City of Rohnert Park Mailing Address: 130 Avram Avenue, Rohnert Park, CA 94928 Contact Person: JoAnne Buergler, City Clerk Phone No. 707-588-2225 Email: jbuergler@rpcity.org Alternate Email: csaldanha@rpcity.org Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): ❑ An amendment is required. The following amendments are necessary: (Check all that apply.) • Include new positions O Revise disclosure categories • Revise the titles of existing positions ® Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions • Other (describe) addition of City Boards and Commissions. ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2016, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fppc.ca.gov FPPC Advice: advice fppc.ca.gov (866.275.3772) Page 1 of 1 RESOLUTION NO. 2016-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING APPENDICES A AND B OF THE CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act (California Government Code Section 81000, et seq) requires public agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission adopted a regulation (Title 2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency's Conflict of Interest Code; and WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires government agencies to conduct biennial reviews of their Conflict of Interest Codes; and WHEREAS, the disclosure categories and the list of designated positions required to file statements of economic interest under the Conflict of Interest Code are established by resolution; and WHEREAS, at a duly noticed City Council meeting, staff recommended that amendments to the list of designated positions to reflect current positions and titles within the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park amends Appendices A and B of the Conflict of Interest Code as set forth in Exhibit A, which is incorporated herein by reference and attached to this resolution. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 13th day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk Attachments: Exhibit A: Appendices A and B of the Conflict of Interest Code AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Exhibit A to Resolution CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE - 20442016 SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code. SECTION 2. STANDARDIZED CODE ADOPTED. The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (Title 2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation, and the attached appendices designating positions and establishing disclosure requirements, shall constitute the Conflict of Interest Code of the City of Rohnert Park. This Conflict of Interest Code of the City of Rohnert Park, adopted by Resolution No. 24144402016-092, replaces any Conflict of Interest Code of the City of Rohnert Park, previously in effect. SECTION 3. STATEMENTS OF ECOMONIC INTEREST. Individuals holding designated positions shall file their Statements of Economic Interest (Statements) with the filing officer (City Clerk), who will retain the Statements and make the Statements available for public inspection and reproduction. (Gov. Code Section 81008.) SECTION 4. EFFECTIVE DATE. This Conflict of Interest Code shall take effect immediately upon its approval by the City Council of the City of Rohnert Park. Conflict of Interest Code History: Adopted September 23, 2008 - Reso. No. 2008-159 Amended September 14, 2010 - Reso. No. 2010-108 (Appendix A only) Amended September 11, 2012 - Reso. No. 2012-100 (Appendix A only) Amended September 23, 2014 - Reso. No. 2014-110 Amended September 13, 2016 — Reso. No. 2016-092 Exhibit A to Resolution APPENDIX A Designated Positions Disclosure Category Administration Assistant City Manager 1, 2,3 & 4 Assistant City Attorney(s) 1, 2,3 & 4 City Clerk 3 Deputy City Clerk 3 Information Systems Operations Manager 1, 2,3 & 4 Consultants who make recommendations directly to the City Council, Boards, and Commissions* 1, 2,3 & 4 Development Services Director of Development Services 1, 2,3 & 4 City Engineer 1, 2,3 & 4 Deputy City Engineer 1, 2,3 & 4 Deputy C44ef-Building Official 1, 2,3 & 4 Planner- 4HPlanning Manager 1, 2,3 & 4 Public Works Inspector 1, 3 & 4 Finance Department Finance Director if not serving as City Treasurer 1, 2,3 & 4 Human Resources Human Resources Director 1, 2,3 & 4 Public Safety Public Safety. Director 1, 2,3 & 4 Public Safety: Commanders 1, 2,3 & 4 Public Safety: Fire Marshal 1, 3 & 4 , 2,3T Public Works & Community Services Director of Public Works & Community Services 1, 2,3 & 4 Assistant Publ e We vs Difeet-o. 4-, ,T z A, n Project Coordinator 2,3 & 4 General Services Supervisor 2,3 & 4 Utilities Services Supervisor 2, 3 & 4 Community Services Manager 1, 2,3 & 4 Community Services Supervisor 2 & 3 Theater Manager 1,2,3 & 4 Purchasing Agent 1, 2,3 & 4 Commission and Board Members Mobile Home Parks Rent Appeals Board 1, 2,3 & 4 Rohnert Park Financin Authori 1,2 3 & 4 City of Rohnert Park Foundation 1,2,_3 & 4 Rohnert Park District 1,2.,_3 & 4 Rohnert Park Civic Commission 1, 2, 3&4 Successor Ajzency to the Communily Development Commission 1, 2, 3 & 4 Exhibit A to Resolution 87200 Filers City Council" 1, 2,3 & 4 City Manager 1, 2,3 & 4 City Attorney 1, 2,3 & 4 Finance Director/City Treasurer 1, 2,3 & 4 Planning Commissioners 1, 2,3 & 4 NOTE: The City Council, City Manager, City Attorney, Finance Director/City Treasurer and Planning Commissioners are not included as "designated positions" as the disclosure obligations for these positions are set forth in Government Code Section 87200, et seq. *Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. **City Council Members file an expanded Statement of Economic Interest as they also serve as the Rohnert Park Financing Authority, City of Rohnert Park Foundation, Rohnert Park District, Rohnert Park Civic Commission, and Successor Agency to the Community Development Commission. Exhibit A to Resolution APPENDIX B DISCLOSURE CATEGORIES An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may likely be affected materially by any decision made or participated in by the designated person because of his or her position. Category 1 (Schedules Al, A2, B, C, D, E) Must Report: All investments, interest in real property, income including, gifts, loans, and travel payments, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only if located within or subject to the jurisdiction of the city or if the business entity is doing business or planning to do business in the jurisdiction or has done business within the jurisdiction at any time during the two years prior to the filing of the statement. Category 2 (Schedule Al, A2, C, D, E) Must Report: A. Investments in any business entity located outside of the jurisdiction of the city if the business entity does business with the city on a regular basis and if the designated person occupies a position that has any discretion in recommending with whom such business shall be placed or conducted. B. Each source of income including, gifts, loans, and travel payments received under Subsection A above. C. His or her status as a director, officer, partner, trustee, employee, or any position of management in any business entity defined in Subsection A above. Category 3 (Schedule Al, A2, C, D, E) Must Report: A. Investments in any business entity which, within the last two years, has contracted or in the foreseeable future may contract with the city to provide services, supplies, materials, machinery, or equipment to the city. B. Income including, gifts, loans, and travel payments from any source which, within the last two years, has contracted or in the foreseeable future may contract with the city to provide services, supplies, materials, machinery, or equipment to the city. C. His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which, within the last two years, has contracted or in the foreseeable future may contract with the city to provide services, supplies, materials, machinery, or equipment to the city. Category 4 (Schedule A2, C, D, E) Must Report: Income including, gifts, loans, and travel payments received by a designated person from any labor organization or employee organization which represents employees employed by the city and which organization negotiates with the city as a representative of employees of the city regarding wages, compensation, hours of work, working conditions, or other terms and conditions of employment. ITEM NO. 7D gYOHNERS PARk Mission Statement "We Care for Our Residents by Working Together to Build a g ..� 62 Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: September 13, 2016 Department: Public Works and Community Services Submitted By: John McArthur, Public Works & Community Services Director Prepared By: Nelle Herman, Community Services Supervisor Agenda Title: Approval of an In -Kind Donation of City Labor, Fees, and Services in the Amount of $4,400 to Support the Founder's Day 2016 Event RECOMMENDED ACTION: Staff recommends that City Council approve an in-kind donation of labor, fees and services in the amount of $4,400 to support the Founder's Day Parade and Festival for 2016. BACKGROUND: In an effort to promote ongoing recognition of Rohnert Park's incorporation as a city, the Founder's Day Parade and Festival Committee was formed to organize this and all future Founder's Day celebrations. The Committee is comprised of dedicated community members committed to celebrating the history of Rohnert Park and promoting the City as a great place to live and work. This year's celebration is scheduled for October 1st at the Community Center Complex. Event activities will include a parade along Snyder and a festival at the Community Center featuring musical entertainment, a car show, children's games, food and beverages, arts and crafts and a variety of other activities. Details have been posted on the City's website outlining the schedule of events. ANALYSIS: The Committee is actively raising funds and seeking local sponsors to support the cost of the Founder's Day Celebration. The Committee is offering a flexible sponsorship package allowing residents, businesses and organizations the ability to support the Founders Day event at a level that will fit individual budgets. Some of the sponsorship incentives include sponsor logos (or names included in advertising) placed on the City's website and printed on t -shirts, banners and other promotional materials. There are also event -day incentives that benefit the sponsors depending upon the sponsorship level chosen. The Founder's Day Committee has asked the City to support the various components of the celebration and parade via an in-kind donation of labor, fees, and services estimated to cost $4,400. A summary of the proposed costs is provided in Attachment 1. These costs would 1 impact the General Fund and would be absorbed within the Public Safety, Public Works, and Community Services operating budgets. Government Code requires entities to make a determination of whether in-kind donations constitute a gift of public funds. Staff has determined that this in-kind donation is not a gift of public funds because it promotes civic involvement and raises awareness of city government. STRATEGIC PLAN ALIGNMENT: The Founder's Day celebration is consistent with the City's Strategic Plan goal of developing a vibrant community through expanding programs that bring people together. OPTIONS CONSIDERED: No other viable options were considered. The Founder's Day Parade and Celebration provides an opportunity for Rohnert Park to celebrate its history and will foster a stronger sense of community. FISCAL IMPACT/FUNDING SOURCE: The estimated total value of the City's in-kind donation of labor, fees and services to the Founders Day Committee is $4,400. This includes the cost of staff time for the parade (traffic control and staging of barricades and cones), the Community Center Complex and staff, and a ten percent (10%) contingency to cover any unexpected expenses. Attachment 1 to this report provides a detailed breakdown of identified expenses. Department Head Approval Date: 08/29/2016 Finance Director Approval Date: 08/29/2016 City Attorney Approval Date: N/A City Manager Approval Date: 08/30/2016 Attachments: 1. Proposed Cost Summary 2 Attachment 1 Founder's Day Parade and Festival Proposed Cost Summary: City In -Kind Donation Saturday October 1, 2016 ITEM NO. 7D Event Notes City Costs (labor, material, fees) I. Parade Parade Route & Staging Lawrence Jones Middle School to University Square - Equipment & Materials Cones, barricades, signs, truck, trailer - Labor Public Safety 8 PSO's — 2 hours @$120/hour 4 Explorers - $0 $ 1,920 Public Works 4 MWII — 4 hours @$50.57/hour (OT rate) $810 Sub -total (Parade) $2,730 II. Community Center Complex: Festival Community Center Square & Back Lawn Area Special Event flat fee $850/day $850 Part-time Facility Attendant 1 Facility Attendant — 12 hours $10/hour $120 Community Center Lobby $100/flat fee $100 Community Center Northwest Lawn Area $200/flat fee $200 Sub -total (Community Center Complex) $1,270 Total City Costs 10% Contingency $4,000 $400 Estimated Grand Total $4,400 ROj;NEFLT TA 1{ �R7,iF(33�"�71P- 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 Meeting Date: September 13, 2016 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Carol Adams, Executive Assistant to the City Manager Agenda Title: City's Voting Position on Resolution Packet for the League of California Cities Annual Business Meeting, October 7, 2016 in Long Beach, CA RECOMMENDED ACTIONS: Provide direction to voting delegate regarding City's position on Resolution Packet for the League of California Cities Annual Business Meeting, October 7, 2016, in Long Beach, CA. 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 proposed conference resolutions. These resolutions help guide cities and the League in efforts to improve the quality, responsiveness and vitality of local government in California. On July 26, 2016, the City Council appointed Mayor Gina Belforte as the City's primary voting delegate to represent the City at the League's Annual Business meeting and also appointed Assistant City Manager Don Schwartz as the alternate voting delegate. The League's bylaws stipulate that each city is entitled to one vote on matters affecting League policy. The League encourages each city council to consider the proposed resolution(s) and to determine a city position by providing voting direction to their appointed voting delegate in advance of the Annual Business Meeting. To assist Council in providing direction regarding the City's position on League business matters, the League's proposed resolution(s) packet is attached for consideration. The resolutions packet can also be viewed on the League's web site: www.cacities.org/resolutions. Department Head Approval Date: N/A City Manager Approval Date: August 17, 2016 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Annual Business Meeting Resolution Packet 6 LEAGUEFO IA OF Annual Conference Resolutions Packet 2016 Annual Conference Resolutions N LEAGUE �o OF CALIFORNIA CITIES Q� o C� QCT06'6R5�. Long Beach, California October 5 — 7, 2016 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, one resolution has been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: One policy committee will meet at the Annual Conference to consider and take action on the resolution referred to them. The committee is Transportation, Communication and Public Works. The committee will meet 9:00 — 10:30 a.m. on Wednesday, October 5, 2016, at the Hyatt Regency. The sponsor of the resolution has been notified of the time and location of the meeting. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 6, at the Hyatt Regency in Long Beach, to consider the report of the policy committee regarding the resolution. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEONBUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, October 7, at the Long Beach Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60 -day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 6. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmondgcacities.org or (916) 658-8224 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). LOCATION OF MEETINGS Policy Committee Meetings Wednesday, October 5 Hyatt Regency Long Beach 200 South Pine Street, Long Beach 9:00 —10:30 a.m.: Transportation, Communication & Public Works General Resolutions Committee Thursday, October 6, 1:00 p.m. Hyatt Regency Long Beach 200 South Pine Street, Long Beach Annual Business Meeting and General Assembly Luncheon Friday, October 7, 12:00 p.m. Long Beach Convention Center 300 East Ocean Boulevard, Long Beach KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly TRANSPORTATION, COMMUNICATION, AND PUBLIC WORKS POLICY COMMITTEE 1 2 3 1 Vision Zero Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly ACTION FOOTNOTES * Subject matter covered in another resolution * * Existing League policy * * * Local authority presently exists KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate policy committee for study a Amend+ Aa Approve as amended+ Aaa Approve with additional amendment(s)+ Ra Refer as amended to appropriate policy committee for study+ Raa Additional amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution Process. "sIF.YII111noli;[KI]01►/ 11 W 9 lectin Y : 11! 0 5IX1111A1I1[ 11i1 =1"11 SUPPORTING VISION ZERO, TOWARD ZERO DEATHS, AND OTHER PROGRAMS OR INITIATIVES TO MAKE SAFETY A TOP PRIORITY FOR TRANSPORTATION PROJECTS AND POLICY FORMULATION, WHILE ENCOURAGING CITIES TO PURSUE SIMILAR INITIATIVES Source: City of San Jose Concurrence of five or more cities/city officials: Cities: Fremont; Los Angeles; Sacramento; San Diego; San Francisco; Santa Monica; and West Hollywood Referred to: Transportation, Communication and Public Works Policy Committees Recommendation to General Resolution Committee: WHEREAS, each year more than 30,000 people are killed on streets in the United States in traffic collisions; and WHEREAS, traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people; with pedestrians and cyclists accounting for a disproportionate share; and WHEREAS the Centers for Disease Control recently indicated that America's traffic death rate per person was about double the average of peer nations; and WHEREAS Vision Zero and Toward Zero Deaths are comprehensive strategies to eliminate all traffic fatalities and severe injuries using a multi -disciplinary approach, including education, enforcement and engineering measures; and WHEREAS a core principal of Vision Zero and Toward Zero Deaths is that traffic deaths are preventable and unacceptable; and WHEREAS cities across the world have adopted and implemented Vision Zero and Toward Zero Deaths strategies and successfully reduced traffic fatalities and severe injuries occurring on streets and highways; and WHEREAS safe, reliable and efficient transportation systems are essential foundations for thriving cities. RESOLVED that the League of California Cities commits to supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety; AND encourage cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways; AND encourage the State of California to consider adopting safety as a top priority for both transportation projects and policy formulation. Background Information on Resolution to Support Transportation Safety Programs Each year more than 30,000 people are killed on streets in the United States in traffic collisions. Traffic fatalities in America hit a seven-year high in 2015 and are estimated to have exceeded 35,000 people, with children, seniors, people of color, low-income and persons with disabilities accounting for a disproportionate share. The Centers for Disease Control recently reported that the traffic death rate per person in the United States was about double the average of peer nations, with close to 10% of these deaths occurring in California (3,074 in 2014). California's largest city, Los Angeles, has the highest rate of traffic death among large U.S. cities, at 6.27 per 100,000 people. Cities around the world have adopted traffic safety projects and policies that underscore that traffic deaths are both unacceptable and preventable. In 1997, Sweden initiated a program called Vision Zero that focused on the idea that "Life and health can never be exchanged for other benefits within the society." The World Health Organization has officially endorsed Vision Zero laying out traffic safety as an international public health crisis and the United Nations General Assembly introduced the Decade of Action for Road Safety 2011-2020 and set the goal for the decade: "to stabilize and then reduce the forecast level of road traffic fatalities around the world" by 50% by 2020. As of this writing, 18 U.S. cities have adopted Vision Zero programs (including New York City, Boston, Ft. Lauderdale, Austin, San Antonio, Washington DC, and Seattle) to reduce the numbers of fatal crashes occurring on their roads(http://visionzeronetwork.org/map-of-vision-zero-cities/). California cities lead the way, with the cities of San Jose, San Francisco, San Mateo, San Diego, Los Angeles, Long Beach and Fremont having adopted Vision Zero strategies and many others are actively considering adoption. In 2009 a national group of traffic safety stakeholders launched an effort called "Toward Zero Deaths: A National Strategy on Highway Safety". This initiative has been supported by the Federal Highway Administration (FHWA) (http://safeiy.fhwa.dot. ovg /tzd/) and states throughout the United States, including Califomia(http://www.ots.ca.gov/OTS and Traffic Safety/AboutOTS.asp). This past January the U.S. Department of Transportation launched its "Mayors' Challenge for Safer People and Safer Streets." This effort calls on elected officials to partner with the USDOT and raise the bar for safety for people bicycling and walking by sharing resources, competing for awards, and taking action. The California cities of Beverly Hills, Davis, Maywood, Cupertino, Culver City, Rialto, Santa Monica, Porterville, Los Angles, San Jose, Monterey, Glendale, Irvine, Oakland, Palo Alto, Alameda, West Hollywood and Fullerton signed on to this effort. Additionally, the Institute of Transportation Engineers (ITE), a leading organization for transportation professionals, recently launched a new initiative to aggressively advance the Vision Zero and Towards Zero Deaths movements (http://library.ite.org/pub/ed59a040-caf4-5300-8ffc-35 deb33ce03 d). Ultimately all of these programs share the fundamental belief that a data -driven, systems -level, interdisciplinary approach can prevent severe and fatal injuries on our nation's roadways. They employ proven strategies, actions, and countermeasures across education, enforcement and engineering. Support for many of these life-saving programs extends far beyond government agencies, and includes National Association of City Transportation Officials (NACTO), American Association of State Highway and Transportation Officials (AASHTO), Kaiser Permanente, AARP, the National Safe Routes to School Partnership, and the International Association of Chiefs of Police, among many others. There is wide -spread recognition that cities and towns need safe, efficient transportation systems to be economically prosperous. A resolution by the League of California Cities to support transportation safety policies like Vision Zero and Toward Zero Deaths, and encourage implementation of projects and programs that prioritize safety will help California elevate the health and safety of its residents and position us as a leader in national efforts to promote a culture of safe mobility for all. League of California Cities Staff Analysis on Resolution No. 1 Staff: Rony Berdugo Committee: Transportation, Communication, and Public Works Summary: The resolved clauses in Resolution No. 1: commits the League of California Cities to: 1) Supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety; 2) Encouraging cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways; and 3) Encouraging the State to consider adopting transportation safety as a top priority for transportation projects and policy formulation. Background: The City of San Jose notes national and international efforts to reduce fatal and severe injury traffic collisions through systematic data driven approaches, such as Vision Zero and Toward Zero Deaths. According to the World Health Organization (WHO), "Vision Zero is a traffic safety policy, developed in Sweden in the late 1990s and based on four elements: ethics, responsibility, a philosophy of safety, and creating mechanisms for change."' Below is a summary of each Vision Zero element, according to WHO: 1. Ethics — Life and health trump all other transportation benefits, such as mobility. 2. Responsibility — Responsibility for crashes and injuries is shared between the providers of the system and the road users. 3. Safety Philosophy — Asserts that a transportation system should account for the unstable relationship of human error with fast/heavy machinery to avoid deaths/serious injury, but accept crashes/minor injuries. 4. Driving Mechanisms for Change — Asserts that road users and providers must both work to guaranteeing road safety, taking measures such as: improving levels of seat belt use, installing crash - protective barriers, wider use of speed camera technology, increasing random breathalyzer tests, and promoting safety in transportation project contracts. A Vision Zero City meets the following minimum standards: • Sets clear goal of eliminating traffic fatalities and severe injuries • Mayor has publicly, officially committed to Vision Zero • Vision Zero plan or strategy is in place, or Mayor has committed to doing so in clear time frame • Key city departments (including police, transportation and public health) are engaged List of cities that meet the minimum Vision Zero standards nationally include: Anchorage, AK; Austin, TX; Boston, MA; Cambridge, MA; Denver, CO; Eugene, OR; Fort Lauderdale, FL; Fremont, CA; Los Angeles, CA; New York, NY; Portland, OR; Sacramento, CA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Seattle, WA; Washington, DC List of cities that are considering adoption of Vision Zero nationally include: Ann Arbor, MI; Bellevue, OR; Bethlehem, PA; Chicago, IL; Columbia, MO; Houston, TX; Long Beach, CA; 1 http://who.int/violence iniury prevention/publications/road traffic/world report/chapterl.pdf New Orleans, CA; Philadelphia, PA; Pittsburgh, PA; San Mateo, CA; Santa Ana, CA; Santa Cruz, CA; Santa Monica, CA; St. Paul, MN; Tampa, FL Vision Zero — Samples: 1. San Francisco — In 2015, the City established a two-year action strategy that outlines the projects and policy changes to implement its Vision Zero goal of zero traffic deaths by 2024. The strategy adopts five core principles, such as: 1) traffic deaths are preventable and unacceptable; 2) safety for all road modes and users is the highest priority; 3) transportation system design should anticipate inevitable human error; 4) education, enforcement, and vehicle technology contribute to a safe system; and 5) transportation systems should be designed for speeds that protect human life.3 The strategy focuses on engineering, enforcement, education, evaluation, and policy changes that can be made to achieve their goals. The City is working on projects, such as: a. Creating protected bike lanes b. Building wider sidewalks c. Reducing traffic speeds4 The City is also exploring policy changes to state law that will allow the City to place traffic cameras near schools and senior centers to cite speeding drivers through automated speed enforcements 2. Los Angeles — the City has established a commitment to eliminate all traffic deaths by 2025. They have identified a network of streets, known as the High Injury Network (HIN)6, which maps out their areas of concern where they plan on making strategic investments in reducing deaths/severe injury. According to the City, only 6% of their city streets account for 2/3 of all deaths/severe injury for pedestrians. The City highlights the three following projects as part of their Vision Zero efforts': a. Installation of 22 new Leading Pedestrian Intervals (LPIs) at signals throughout the city, which gives pedestrians a head start against right -turning vehicles when crossing b. Installation of a pedestrian scramble at the intersection of Hollywood and Highland, which stops traffic in all four -directions during pedestrian crossing. c. Installation of curb extensions along Cesar E. Chavez Avenue in their HIN, which reduces the crossing distance for pedestrians, narrows the intersections, and reduces speed for turning vehicles. San Francisco's Vision Zero Categories: 1. Engineering — implement treatments and redesign streets to reduce the frequency and severity of collisions (i.e. using/implementing: high injury network maps, signal timing, high visibility crosswalks, bus stop lengths, etc.) 2. Enforcement — use data driven approach to cite and focus on violations of the California Vehicular Code and S.F. Transportation Code that identify as causative in severe and fatal collisions (i.e. explore implementation of E -citation Pilot, reporting on traffic collision data, police training, etc.) z http://visionzeronetwork.org/wp-content/uploads/2016/02/VZ-map-April-20-2016-4.ipR 3 http://www.000mag.com/magazine/vision-zero-san-francisco/0685197001423594455?short 4 http://visionzerosf.org/vision-zero-in-action/engineering-streets-for-safety/ 5 http://visionzerosf.org/vision-zero-in-action/public-policy-for-change/ 6 http://Iadot.maps.arcgis.com/apps/MapJournal/index.html?appid=488062f00db44efOa29bf481aa337cb3 http://visionzero.Iacity.org/actions/ 3. Education — coordinate among city departments to create citywide strategy for outreach and safety programs, such as Safe Routes to Schools. (i.e. education campaign includes — Safe Streets SF, large vehicle safe driving for municipal vehicles, etc.) 4. Evaluation — evaluate the impact of engineering, enforcement, education and policy efforts to provide recommendations for refinement (i.e. use of web -based data sharing and tracking systems for transparency and accountability). 5. Policy — support and mobilize local and state policy initiatives that advance Vision Zero (i.e. Advance Automated Safety Enforcement initiative at the state level, in -vehicle technology usage, partnering with state and federal agencies on administrative and legal issues, etc.) In its annual reporting, the City has established the following measures for successful benchmarks: • Decreasing total severe and fatal injuries • Decreasing the proportion of severe and fatal injuries in communities of concern to address social inequities • Decreasing medical costs at SF General Hospital relating to collisions • Increasing the number of engineering projects and miles of streets receiving safety improvements • Decreasing the speeds on SF streets • Increasing investigation and prosecution of vehicular manslaughter • Increasing public awareness of Vision Zero and traffic safety laws • Increasing policy changes made at the state and local levels to advance Vision Zero Toward Zero Deaths — The Federal Highway Administration (FHWA) within the United States Department of Transportation (USDOT) is committed to the vision of eliminating fatalities and serious injuries on national roadways. FHWA has a strategic goal of ensuring the "nation's highway system provides safe, reliable, effective, and sustainable mobility for all users."g It is essentially the national version of Vision Zero administered primarily through the Highway Safety Improvement Program (HSIP). At the state level, the California Office of Traffic Safety (OTS) has a mission to "effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries, and economic losses."9 They make available grants to local and state public agencies for traffic law enforcement, public traffic safety education, and other programs aimed at reducing fatalities, injuries, and economic loss from collisions. Support: City of Fremont, City of Los Angeles, City of Sacramento, City of San Francisco, City of San Jose, City of Santa Monica, and City of West Hollywood Opposition: One individual Fiscal Impact: Unknown. The costs to any particular city can vary tremendously depending on the level and scope of investment any particular city would seek to make. For example, the City of San Francisco has Vision Zero project costs ranging from $30,000 for pedestrian safety treatments up to $12,000,000 for a Streetscape project. The cost of any particular effort could be well below, above, and anywhere between those ranges for Vision Zero implementation. 8 http://safety.fhwa.dot.gov/tzd/ 9 http://www.ots.ca.gov/OTS and Traffic Safety/About OTS.asp 10 Comment: 1) Policy committee committee members are encouraged to consider carefully how the adoption of the resolved clause in this resolution may affect the League's future policy when it comes to advocating for transportation funding and other existing priorities. While the clause "encouraging cities throughout California to join in these traffic safety initiatives to pursue the elimination of death and severe injury crashes on our roadways" provides an opportunity to highlight strategies that can be considered to improve transportation safety, two other aspects of the resolved appear to establish new policy for the organization in that it would "commit" the League to: • Supporting Vision Zero, Toward Zero Deaths, and other programs, policies, or initiatives that prioritize transportation safety. • Encouraging the State to consider adopting transportation safety as a top priority for transportation projects and policy formulation. 2) Effects of various strategies to improve transportation safety can vary. According to an article published in the San Francisco Chronicle on March 26, 2016, deaths in San Francisco traffic were not falling despite Vision Zero efforts.10 The article notes that there were seven deaths in 2016, while there was only one in the first 10 weeks of 2015 and seven in 2014 during the same period. The San Francisco Department of Public Health commented that despite these incidents, it's too early to make any conclusions about Vision Zero's effectiveness. In Los Angeles, however, the city has cited significant decreases in severe and fatal injuries with implementation of certain technologies, such as installation of pedestrian scrambles. The success of Vision Zero in any particular city will likely depend on the level of investment and scope of the project(s) as the projects can vary widely. 3) In the fifth "Whereas" clause from the top, the word "principal" should be "principle." Existing Lenue Policy: "The League supports additional funding for local transportation and other critical unmet infrastructure needs. One of the League's priorities is to support a consistent and continuous appropriation of new monies from various sources directly to cities and counties for the preservation, maintenance and rehabilitation of the local street and road system. New and additional revenues should meet the following policies: • System Preservation and Maintenance. Given the substantial needs for all modes of transportation, a significant portion of new revenues should be focused on system preservation. Once the system has been brought to a state of good repair, revenues for maintenance of the system would be reduced to a level that enables sufficient recurring maintenance. • Commitment to Efficiency. Priority should be given to using and improving current systems. Recipients of revenues should incorporate operational improvements and new technology in projects. • All Users Based System. New revenues should be borne by all users of the system from the traditional personal vehicle that relies solely on gasoline, to those with new hybrid or electric technology, to commercial vehicles moving goods in the state, and even transit, bicyclists, and pedestrians who also benefit from the use of an integrated transportation network. • Alternative Funding Mechanisms. Given that new technologies continue to improve the efficiency of many types of transportation methods, transportation stakeholders must be open to new alternative funding mechanisms. Further, the goal of reducing greenhouse gases is also expected to affect vehicle miles traveled, thus further reduce gasoline consumption and revenue from the existing gas tax. The 10 http://www.sfchronicle.com/bayarea/article/Deaths-in-S-F-traffic-not-falling-despite-Vision-7182486.php 11 existing user based fee, such as the base $0.18 -cent gas tax is a declining revenue source. Collectively, we must have the political will to push for sustainable transportation revenues. • Unified Statewide Solution. For statewide revenues, all transportation stakeholders must stand united in the search for new revenues. Any new statewide revenues should address the needs of the entire statewide transportation network, focused in areas where there is defensible and documented need. • Equity. New revenues should be distributed in an equitable manner, benefiting both the north and south and urban, suburban, and rural areas as well as being equally split between state and local projects. • Flexibility. Needs vary from region to region and city to city. New revenues and revenue authority should provide the flexibility for the appropriate level of government to meet the goals of the constituents. • Accountability. All tax dollars should be spent properly, and recipients of new revenues should be held accountable to the taxpayers, whether at the state or local level." u Additionally, the League adopted to "Increase Funding for Critical Transportation and Water Infrastructure" as its number one strategic goal for 2016. It reads, "Provide additional state and federal financial assistance and new local financing tools to help meet the critical transportation (streets, bridges, active transportation, and transit) and water (supply, sewer, storm water, flood control, etc.) infrastructure maintenance and construction needs throughout California's cities." 12 11 htto://www.cacities.org/Resources-Documents/Policv-Advocacv-Section/Policv-Development/2016-Summar of-Existing- Policv-and-Guiding-Princi.aspx 12 http://www.cacities.org/Secondary/About-Us/Strategic-Priorities 12 LETTERS OF CONCURRENCE Resolution No. 1 VISION ZERO 13 —♦ Office of the Mayor Fr��6nt 3300 Capitol Avenue, Building A P.O. Box 5006, Fremont, CA 94537-5006 510 284-4011 ph 1 510 284-4001 fax I www.fremont.gov July 21, 2016 The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND IMPLEMENTATION OF INITITIAVES TO PRIOIRITZE TRAFFIC SAFEY THROUGHOUT CALIFORNIA Dear President Michael, The City of Fremont enthusiastically endorses the proposed resolution to support the implementation of initiatives to eliminate traffic deaths and severe injuries on our roadways. Fremont is among the early adopters of the Vision Zero traffic safety strategy. With City Council's approval of our Fremont Vision Zero 2020 action plan in March 2016, we are already seeing the benefits of building a safety first culture in our community. I strongly encourage other California cities to join a growing coalition of support for Vision Zero. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of Fremont has embraced Vision Zero and we are in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, ,_B� � Bill Harrison Mayor 14 CITY HALL LOS ANGELES, CALIFORNIA 90012 August 2, 2016 The Honorable Dennis Michael President League of California Cities 1400 K Street Sacramento, California 95814 RE: League of California Cities Resolution Supporting Initiatives to Prioritize Traffic Safety Dear President Michael: We write in support of the proposed resolution to support the adoption and implementation of Vision Zero initiatives throughout California to eliminate traffic fatalities and injuries. Vision Zero and Towards Zero Deaths strategies have been adopted in cities throughout California, including the City of Los Angeles. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Every year, more than 200 people are killed while trying to move around Los Angeles. Nearly half of the people who die on Los Angeles streets are people walking and bicycling, and an alarming number of them are children and older adults. The safety of our residents and visitors is paramount. If we can realize Vision Zero throughout California, children will be safer walking to school, families will be safer going to the park, and commuters will be safer getting to work. The City of Los Angeles adopted Vision Zero as part of its Transportation Strategic Plan, and an executive directive was issued in 2015 directing its implementation. We are in strong support of Vision Zero in California, and we support the proposed Resolution. Sincerely, ERIC GARCETTI JOE BUSCAINO Mayor Councilmember, 15th District League of California Cities Representative 15 OFFICE OF THE CITY OF SACRAMENTO CITY COUNCIL CALIFORNIA JAY SCHENIRER COUNCILMEMBER DISTRICT FIVE July 27, 2016 The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND IMPLEMENTATION OF INITIATIVES TO PRIORITIZE TRAFFIC SAFETY THROUGHOUT CALIFORNIA Dear President Michael, The City of Sacramento supports the proposed resolution to support the adoption and implementation of initiatives to prioritize transportation safety toward eliminating death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in many cities and Sacramento is currently developing its own Vision Zero Action Plan. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven -,year high in 2015 and are estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on roads and streets of our cities. We must put safety as a top priority for all users of our streets. It is fundamental for prosperity of California cities as safety, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of Sacramento is in strong support of prioritized and expanded transportation safety in California cities and supports the proposed Resolution. Sincerely, Jay Scheni er, ou cii Member Chair, Law lation Committee 915 I STREET 5" FLOOR, SACRAMENTO, CA 95814-2604 PH 916-808-7005 • FAX 916-264-7680 • jschenirer@cityofsacramento.org THE CITY OF SAN DIEGO August 9, 2o16 The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Michael: RE: A resolution of the league of California Cities Supporting the Adoption and Implementation of Initiatives to Prioritize Traffic Safety throughout California The City of San Diego Transportation & Storm Water Department supports the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California, including the City of San Diego (Attachment 1). Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2o16. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of San Diego Transportation & Storm Water Department has embraced Vision Zero/Towards Zero Death and I am in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, Kris McFadden Director Attachment: A Resolution of the Council of the City of San Diego Adopting a Vision Zero Plan to Eliminate Traffic Fatalities and Serious Injuries in the Next Ten Years cc: Katherine Johnston, Director of Infrastructure and Budget Policy, Office of the Mayor Kristin Tillquist, Director of State Government Affairs, Office of the Mayor Vic Bianes, Assistant Director, Transportation & Storm Water Department Linda Marabian, Deputy Director, Traffic Engineering Operations Transportation & Storm Water Department r 202 C Street, 9th Floor? IAS 9A • San Diego, CA 92101 Tel (619) 236.6594 Fax (619) 236.6510 (R-2016-155) RESOLUTION NUMBER R- 310042 DATE OF FINAL PASSAGE NOV 0-..3 2015 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO ADOPTING A VISION ZERO PLAN TO ELIMINATE TRAFFIC FATALITIES AND SERIOUS INJURIES IN THE NEXT TEN YEARS. WHEREAS, on average one person each day is seriously injured or killed on the road while walking, bicycling, or driving the streets of San Diego; and, WHEREAS, the City has adopted numerous studies and plans that outline design concepts to improve safety for people walking and biking in the City including a Pedestrian Master Plan and Bicycle Master Plan; and, WHEREAS, the City of San Diego's draft Climate Action Plan proposes to achieve 50 percent of commuter mode share for walking, biking and transit use in transit priority areas by 2050 and safer conditions for walking and biking can help implement this Plan; and, WHEREAS, the City will increase in population by approximately 30 percent by 2050 and the majority of growth will result from infill development thereby increasing demand for safe walking and bicycling; and, WHEREAS, communities in San Diego have prioritized infrastructure projects that improve walking and biking safety among other project types as represented by the Community Planning Committee report to Infrastructure Committee in November 2013; and, WHEREAS, the City incurs costs to respond to lawsuits alleging the City's failure to provide safer streets; and, and, WHEREAS, restoring infrastructure in the City is a priority of the Council and Mayor; -PAGE 1 OF 3- 18 (R-2016-155) WHEREAS, Vision Zero provides a framework for reducing traffic deaths to zero through a combination of safe engineering measures, education, and enforcement practices; and, WHEREAS, Vision Zero has been adopted in many cities throughout the country, most notably in New York City which has seen the lowest number of pedestrian fatalities in its first year of implementation since documentation began in 1910; and, WHEREAS, Circulate San Diego is convening an Advisory Committee to advance Vision Zero Goals; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Diego, that it hereby adopts a goal of eliminating traffic deaths and serious injuries by 2025; and BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it urges City staff from the Mayor's office, Transportation and Stonnwater Department, San Diego Police Department, and a representative of the City's Bicycle Advisory Committee to attend meetings of Circulate San Diego's Vision Zero Advisory Committee for a limited time to develop a traffic safety plan that will help the City reach the goal of zero traffic deaths and serious injuries; and BE IT FURTHER RESOLVED, that the traffic safety plan will be guided by innovative engineering solutions to improve road safety for all users, especially the most vulnerable; will measure and evaluate performance aiuivally; and will include enforcement and education strategies to prevent the most dangerous behaviors that cause public harm, especially along the corridors where collisions are most frequent. -PAGE 2 OF 3- 19 (R-2016-155) APPROVED: JAN I. GOLDSMITH, City Attorney By Thomas C. ele Deputy City Attu TCZ:cfq September 24, 2015 Or.Dept:Envir. Comm. Doe. No.: 1116742 I certify that the fomi \,getion was passed by the Council of the City of San Diego, at this meeting of 13 Approved: date) Vetoed: (date) KEVIN L. FAULCONER, Mayor -PAGE 3 OF 3- 20 Passed by the Council of The City of San Diego on OCT 2 7 201 , by the foll,"wing vote: Councilmernbers Yeas Nays Not Present Recused Sherri Lightner ❑ ❑ ❑ Lorie Zapf ❑ ❑ ❑ Todd Gloria ❑ ❑ ❑ Myrtle Cole ❑ Mark Kersey ❑ ❑ ❑ Chris Cate ❑ ❑ ❑ Scott Sherman ❑ ❑ ❑ David Alvarez ❑ ❑ V ❑ Marti Emerald ❑ ❑ ❑ Date of final passage NOV 0-12915 (Please note: When a resolution is approved by the Mayor, the date of final, passage is the date the approved resolution i'vas returned to the Office of the Cite Clerk,) AUTHENTICATED BY: (Seal) KEVIN L. FAULCONER Mayor of The City of San Diego, California. HINWEI'M Diego, California. 00 Deputy Office of the City Clerk, San Diego, California Resolution Number R- .110 D 4.2- 21 2- 21 couNrro� OFFICE OF THE MAYOR o®� SAN FRANCISCO N w r Olb�s, a ..0 $ August 1, 2016 The Honorable Dennis Michael President, League of California Cities 1400 K Street Sacramento, CA 95814 EDWIN M. LEE MAYOR Re: Resolution of the League of California Cities Supporting the Adoption and Implementation of Initiatives to Prioritize Traffic Safety Throughout California Dear President Michael, On behalf of the City and County of San Francisco, I am writing to express my support for the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California including San Francisco, San Jose, San Mateo, San Diego, Los Angeles, Santa Barbara, and Santa Monica. Accordingly, I encourage the submission of the resolution to support Vision Zero, Toward Zero Deaths, and other initiatives that make traffic safety a priority, which will be considered by the League of Cities General Assembly at its annual meeting on October 5, 2016. Every year in San Francisco, approximately 30 people lose their lives and over 200 more are seriously injured while traveling on our streets. These deaths and injuries are unacceptable and preventable, and the City is strongly committed to stopping further loss of life. San Francisco adopted Vision Zero as a policy in 2014, committing to build better and safer streets, educate the public on traffic safety, enforce traffic laws, and adopt policy changes that save lives. Our goal is to create a culture that prioritizes traffic safety and to ensure that mistakes on our roadways do not result in serious injuries or deaths. The safety of our residents and the over 18 million visitors that use our streets each year is paramount, and the same holds true for cities across the California, which need safe, efficient, and organized transportation systems to support economically vibrant and sustainable communities. The City and County of San Francisco has embraced Vision Zero, and I am in strong support of expanded transportation safety in California cities and, in turn, the proposed Resolution. Sincerely, AEdwinLe y 1 DR. CARLTON B. GOODLETT PLACE, ROOM 200 SAN FRANCISCO, CALIFORNIA 94102-4681 TELEPHONE: (415) 554-6141 22 _ City of Santa Monica° July 21, 2016 Mayor Tony Vazquez Mayor Pro Tempore Ted Winterer Councilmembers Gleam Davis Sue Himmelrich Kevin McKeown Pam O'Connor Terry O'Day The Honorable Dennis Michael, President League of California Cities 1400 K Street Sacramento, California 95814 RE: THE LEAGUE OF CALIFORNIA CITIES CONSIDERATION OF INITITIAVES TO PRIOIRITZE TRAFFIC SAFEY THROUGHOUT CALIFORNIA Dear President Michael: The City of Santa Monica supports initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California, leading to the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. The City of Santa Monica embraced Secretary Anthony Foxx's Mayor's Challenge for Safer People, Safer Streets in March 2015. Simultaneously, the Council directed staff to initiate work on Vision Zero and 8-80 cities — a movement created by Gil Penalosa, to make cities that work for people aged 8 to 80. Combined, these two efforts aim to create streets that are safe and comfortable for people in all modes and of all abilities. In February 2016 the Santa Monica City Council adopted a Vision Zero target in our first Pedestrian Action Plan. We are now actively working to incorporate these visionary targets into City operations. Our City cares deeply about the safety of our people, and their ability to access good, services, education, social networks and employment. Creating a New Model for Mobility is one of the Council's Five Strategic Goals, identified to organize and advance work on our top priorities. A safe mobility network supports our urgent need to provide transportation options that reduce greenhouse gas emissions, and provide equitable access to places and activities that support community Wellbeing. Reducing and ultimately eliminating severe injury and fatal crashes part of a resilient, safe and prosperous community. Traffic fatalities in America hit a seven-year high in 2015 and is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of Santa Monica has embraced Vision Zero/Towards Zero Deaths and I am in strong support of expanded transportation safety in California cities. Sincerely, (azquez Tony Mayor 1685 Main Street . PO Box 2200 e Santa Monica e CA 90407-2200 tel: 310 458-8201 . fax: 310 24358-1621 a e-mail: council@smgov.net C- Prmted cin M),, post-ro>nsumer PCF paape, .®... ®..A. Ku CC®. CITY or no .Ilywa d WIST HURYWOOD cCity ama eaa CITY HALL 83€10 SANTA MoxleA BLVD. July 21, 2016 WOT Hoi.LYwow, CA 90069-6216 TEL: (323) 848-6460 The Honorable L. Dennis Michael, President FAx:(323) 848-6562 League of California Cities 1400 K Street OFFICE OF THE Sacramento, California 95814 CITY MANAGER RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING THE ADOPTION AND IMPLEMENTATION OF INITITIAVES TO PRIOIRITZE TRAFFIC SAFEY THROUGHOUT PAULAREvALO CITY MANAGER CALIFORNIA - SUPPORT Dear President Michael: The City of West Hollywood supports the proposed resolution to support the adoption and implementation of initiatives to eliminate death and severe injuries on our roadways. Vision Zero and Towards Zero Deaths strategies have been adopted in numerous cities throughout California. Accordingly, we concur in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 5, 2016. Traffic fatalities in America hit a seven-year high in 2015, and it is estimated to have exceeded 35,000 people. This is about double the average of peer nations and must be addressed. Safety of our residents and visitors is paramount and this is especially true on the roads and streets of our cities. We must put safety as the top priority for all users of our streets. It is fundamental for the prosperity of California cities as safe, efficient, organized transportation systems are essential for economically vibrant and sustainable communities. The City of West Hollywood is in strong support of expanded transportation safety in California cities and support the proposed Resolution. Sincerely, jw� Paul Arevalo, CITY MANAGER c: Honorable Members of the West Hollywood City Council 0 NBl6Yd0�0 24® ITEM NO. 9 ppw... P.aw 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: September 13, 2016 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Maya Labourdette, Management Analyst Agenda Title: Consideration of Rental Agreement between the City of Rohnert Park and Myles Ahead, Inc. for the Use of the Activity Room at the Callinan Sports and Fitness Center RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute the Rental Agreement between the City of Rohnert Park and Myles Ahead, Inc. for the use of the Activity Room at the Callinan Sports and Fitness Center. BACKGROUND: The Callinan Sports and Fitness Center (Sports Center) offers members a full-service gym to meet their fitness needs at affordable rates. One of the City's goals is to improve and expand beneficial community programs, including increasing fitness class variety at the Sports Center. Currently, the Activity Room at the Sports Center is underutilized and represents an opportunity for this expansion in fitness programming. Myles Ahead was established in Sonoma County in 2005 to offer training and technical coaching in Olympic weightlifting and to build a competitive weightlifting team. Since then, Myles Ahead has been offering personalized Olympic weightlifting training in a group setting, bringing the benefits of this fitness program to youth and adults. The proposed Rental Agreement (Agreement) between the City and Myles Ahead would allow Myles Ahead to offer fitness training and coaching in Olympic -style weightlifting to Sports Center members, giving them access to an additional type of fitness program and equipment. Furthermore, the Activity Room at the Sports Center would be fully utilized and the Agreement would bring additional revenue to the City. Community Outreach: On July 7, 2016, a membership meeting was held at the Sports Center to discuss the rental of the Activity Room exclusively to Myles Ahead; 17 community members attended the meeting and the support was unanimous for use of the space by Myles Ahead. ANALYSIS: The Agreement between the City and Myles Ahead would allow Myles Ahead non-exclusive access to the Activity Room at the Sports Center to conduct fitness classes and coaching sessions according to their preferred schedule during the Sports Center's hours of operation. Myles Ahead clients and staff would also have access to the parking lot, locker rooms, restrooms, and outside area adjacent to the Activity Room for reasonable use. The term of the Agreement would be for five years, with an option to renew for an additional three years. During this time, the City would not offer any competing Olympic -style weightlifting programs at the Sports Center, with the exception of personal training. Myles Ahead would utilize the Activity Room and conduct classes and coaching in a manner satisfactory to the City. They would make the Activity Room and weightlifting equipment available to Sports Center members when not in use, and provide the required training on the proper and safe use of this equipment. Myles Ahead would pay the City a monthly base rent of six hundred dollars ($600) plus percentage rent based on fifteen percent (15%) of gross quarterly receipts. The Agreement specifies that the percentage rent payment would be accompanied by a general ledger report listing the quarterly gross receipts from classes and coaching, and that the City would be entitled to inspect and audit the records of gross receipts. Myles Ahead would also require all of its clients to become members of the Sports Center (approximately 70-90 new members). Annual revenue from base rent, percentage rent, and new Sports Center memberships, which includes Facility Fees, are conservatively estimated to be $20,000 to $40,000. The Agreement will not increase the cost of operation for the Activity Room, and it will generate far more than is currently earned from classes held there. Myles Ahead would be responsible for installing the proper flooring and purchasing the equipment for the fitness classes at their sole expense. The cleaning, maintenance and replacement of equipment would also be the responsibility of Myles Ahead. The Agreement will provide other less tangible benefits to the City as well. These benefits include: expansion of beneficial fitness programs at the Sports Center, increased exposure of the facility to new clients, word-of-mouth marketing and reference of the Sports Center in news articles about Myles Ahead students competing in weightlifting events, and the creation of another partnership between an established business and the City for the benefit of the Rohnert Park community. STRATEGIC PLAN ALIGNMENT: The Agreement between the City and Myles Ahead is in alignment with Goal D: Continue to develop a vibrant community and the strategy to improve public facilities, programs and services to meet the changing needs of the community. Also, the Agreement fulfills a 2016-17 Community Services operating budget goal to expand fitness class variety at the Callinan Sports & Fitness Center. OPTIONS CONSIDERED: 1) The City Council could adopt a resolution to execute the Agreement with Myles Ahead for use of the Activity Room at the Sports Center to provide Olympic weightlifting training and coaching. The Agreement would provide Sports Center members with expanded fitness options, 0 increase revenue to the Sports Center, and fully utilize the available Activity Room space. Staff recommends this option. 2) The City could put forth different terms for the Agreement. However, the provisions included in the Agreement were carefully negotiated over the past eight months to provide beneficial programming to Sports Center members and the opportunity for increased revenue generation at the Sports Center. Staff does not recommend this option. 3) The City could choose not to enter into the Agreement with Myles Ahead. However, the City would then miss this opportunity to provide expanded fitness classes and to develop an additional revenue source for the Sports Center. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: Adoption of a resolution authorizing the City Manager to execute the Agreement between the City of Rohnert Park and Myles Ahead would provide the City with $7,200 in annual revenue from base rent. This would more than cover the missed revenue opportunities based on the Activity Room's current use, and the cost of janitorial and maintenance for the Activity Room. The Agreement would also provide the City with an additional $13,000 to $33,000 in annual revenue from the percentage rent and new Sport Center memberships. The cost of installing new flooring, purchasing the necessary fitness equipment, and maintaining this equipment would be the sole responsibility of Myles Ahead. Therefore, the Agreement would not require a budget appropriation increase, as there would be no additional operating costs to the City. Department Head Approval Date: 8/30/16 (J. McArthur) Finance Director Approval Date: 8/29/16 (B. Howze) City Attorney Approval Date: 8/30/16 (A. Barnhill) City Manager Approval Date: 9/02/16 (D. Jenkins) Attachments: 1) Rental Agreement 3 RESOLUTION NO. 2016-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A RENTAL AGREEMENT WITH MYLES AHEAD, INC. FOR USE OF THE ACTIVITY ROOM LOCATED AT THE CALLINAN SPORTS AND FITNESS CENTER WHEREAS, the City of Rohnert Park ("City) owns the Callinan Sports and Fitness Center ("Sports Center"), located at 5405 Snyder Lane, Rohnert Park, CA 94928; and WHEREAS, the Activity Room, located in the Sports Center, is available for use; and WHEREAS, the City desires to maximize the use of the Sports Center to provide beneficial programs and activities for the community; and WHEREAS, Myles Ahead is a professional fitness organization that offers group and personalized training and coaching in Olympic weightlifting to athletes of all levels; and WHEREAS, Myles Ahead desires to lease the Activity Room at the Sports Center for use as a venue for Myles Ahead fitness training and coaching, and the City desires to lease the Activity Room to Myles Ahead; and WHEREAS, the Rental Agreement will be for a period of five (5) years with an option to renew for an additional three (3) years; and WHEREAS, Myles Ahead will pay the City a monthly base rent of six hundred dollars ($600); and WHEREAS, Myles Ahead will pay the City fifteen percent (15%) of the gross receipts received from fitness classes and coaching; and WHEREAS, Myles Ahead will require its members to become members of the Sports Center; and WHEREAS, Myles Ahead will install appropriate flooring, purchase fitness equipment, and clean, maintain and replace this equipment at the sole expense of Myles Ahead; and WHEREAS, Myles Ahead will make the Activity Room and Olympic weightlifting fitness equipment available when it is not in use for Myles Ahead activities; and WHEREAS, Myles Ahead will provide instruction on the safe use of equipment in the Activity Room to all interested members of the Sports Center and shall take all actions reasonably necessary to prevent any member from using said equipment without having first received such instruction; and 1 WHEREAS, the City Council has determined that the Rental Agreement would be beneficial to the City by providing expanded fitness class variety to Sports Center members, increased revenue to the Sports Center, and full utilization of the Activity Room. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Rental Agreement by and between Myles Ahead, Inc., a corporation, and the City of Rohnert Park, a municipal corporation, for the Activity Room at the City -owned Sports Center located at 5405 Snyder Lane in substantially similar form as provided for in "Exhibit A," attached hereto and incorporated by this reference, subject to minor modifications as approved by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute all documents pertaining to the Rental Agreement for and on behalf of the City of Rohnert Park and to take all action necessary or reasonably required to carry out, give effect to, and/or consummate the transactions contemplated by this Resolution. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk Attachment: Exhibit A AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2 2016-93 RENTAL AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MYLES AHEAD FITNESS, INC. FOR THE USE OF THE ACTIVITY ROOM AT THE CALLINAN SPORTS AND FITNESS CENTER This rental agreement ("Agreement") is made and entered into as of this day of September, 2016, by and between the City of Rohnert Park, a municipal corporation ("City"), and Myles Ahead Fitness, Inc., a corporation, ("Myles Ahead") (collectively, "Parties"). I. GENERAL RECITALS A. The City owns the Callinan Sports and Fitness Center ("Sports Center" or "Premises"), located at 5405 Snyder Lane, Rohnert Park, CA 94928, which is available for use by residents and members. The Activity Room is an approximately 1500 square foot fitness room located within the Sports Center, which is more particularly described in Exhibit A, attached hereto ("Activity Room"). B. Myles Ahead is a professional fitness organization that offers group and personalized training and coaching in Olympic Weightlifting to athletes of all levels. C. Myles Ahead desires to rent the Activity Room at the Sports Center from the City and the City desires to rent the Activity Room at the Sports Center for use as a venue for Myles Ahead fitness training and coaching, conditioned upon the terms herein. D. The City desires to maximize the use of the Sports Center to provide beneficial programs and activities for the community. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Myles Ahead hereby agree as follows: II. CITY'S CONDITIONS. The City hereby agrees to rent the Activity Center as follows: 1. Term. The City shall allow Myles Ahead non-exclusive access to the Activity Room in the Sports Center for five (5) years following the execution of this Agreement, with an option to renew for an additional three (3) years, subject to the terms and conditions contained herein. 2. Access. The City shall allow Myles Ahead access to the Sports Center and Activity Room as follows: A. Facilities and Use. During the Sports Center's hours of operation, City shall allow Myles Ahead access to the following facilities and uses: 1. Use of the Activity Room for fitness training and coaching at those times permitted under this Agreement; 2. Use of the Sports Center's parking facilities, locker rooms, restrooms, and the outdoor area adjacent to the Activity Room by Myles Ahead members and staff at those times and in conjunction with fitness training and coaching programs. 3. Storage of necessary fitness equipment in the Activity Room to carry out Myles Ahead's training and coaching programs. The City shall not be liable for any damage to or loss of equipment stored in the Activity Room or for any injuries resulting from the use and/or storage of Myles Ahead's equipment. B. Timing. The City shall give Myles Ahead access to the Activity Room at the times specified below. Publicity. The City may publicize the availability of the Myles Ahead fitness program at the Activity Room consistent with other publicity provided for programs available at the Sports Center. 3. Maintenance. Except as otherwise provided for in this Agreement, the City shall be responsible for providing janitorial service and maintenance for the Activity Room, locker rooms, and restrooms. 4. Other Users. The City shall manage the use of the Activity Room during times it is not in use by Myles Ahead. 5. City Programming. The City shall not offer any competing Olympic weightlifting programs at the Sports Center, with the exception of personal training. III. MYLES AHEAD'S CONDITIONS. Myles Ahead hereby agrees to rent the Activity Center on the following conditions: 1. Instruction and Instructors. A. Myles Ahead hereby certifies that the instructors or representatives of Myles Ahead who will be providing the fitness training and coaching are qualified to do so and qualified to perform the services described herein and in the program. Myles Ahead warrants that it will continuously furnish the necessary personnel to provide the programs contemplated by this Agreement. Myles Ahead shall provide the City with the names and contact information of all representatives who will be providing services pursuant to this Agreement. All representatives must demonstrate compliance with applicable safety measures such as undergoing background checks and fingerprint analysis and providing proof of legal right to work in the United States. B. Myles Ahead shall be responsible for all program curriculum development and all training, supervising, evaluating, scheduling and any other requirements by law for itself and its representatives. Myles Ahead shall determine the minimum and maximum number of participants required for each program to ensure the quality K% and safety of its participants. Myles Ahead shall provide instruction on the safe use of equipment in the Activity Room to all interested members of the Sports Center and shall take all actions reasonably necessary to prevent any member from using said equipment without having first received such instruction. C. Myles Ahead shall cooperate fully with all reasonable requests from City staff and maintain the highest degree of participant safety possible. Myles Ahead shall immediately report to the City any injuries as a result of participation in Myles Ahead programs. Myles Ahead shall ensure that any music, sound system, or other noise associated with Myles Ahead's fitness programming is kept at levels that will not interfere with other classes or create a public disturbance/nuisance. 2. Facilities and Use. A. During the Sport Center's hours of operation, Myles Ahead shall use the Sport Center and Activity Center solely and exclusively for purposes and in the manner consistent with the conditions of this Agreement. B. Myles Ahead shall at all times exercise due care and consideration in accessing and using the facilities and provide the services in the manner and according to the standards observed by a competent practitioner of the profession in which Myles Ahead is engaged in. C. Myles Ahead agrees to accept the Premises and the Activity Center in its "AS -IS" condition "WITH ALL FAULTS." The City assumes no responsibility for loss or damage to the property of the Myles Ahead. D. Myles Ahead agrees to comply with all applicable City policies and procedures relating to the use and operation of the Premises, as may be amended from time to time. E. Myles Ahead shall require all members of Myles Ahead to purchase memberships to the Sports Center. 3. Scheduling. A. Myles Ahead shall provide the City with a quarterly schedule of the use of the Activity Room by Myles Ahead. This schedule shall be delivered to the City by the fifteenth (15th) of the month preceding the first month of the quarterly schedule (i.e. schedule for October — December would be due September 15th) Myles Ahead shall have access to the Activity Room during the scheduled times, which shall start and end promptly as specified. Set-up and clean-up must be performed within the time period(s) indicated. B. Myles Ahead shall have first priority to access the Activity Room at other times, provided that Myles Ahead gives the City at least forty eight (48) hours advanced notice of the time and date of such use and there is no scheduling conflict, as 3 determined by the City in its sole and exclusive discretion. C. For those times Myles Ahead has not provided 48 hours advanced notice, the City shall have first consideration for the use of the Activity Room, and Myles Ahead shall not engage in activities that affect the City's access to the Activity Room at those times. D. If Myles Ahead determines it will be unable to use the Activity Room during the scheduled date/time for any reason, Myles Ahead agrees to give immediate notice of such determination to facilitate alternative uses by the City. 4. Supplies/Equipment. A. Myles Ahead shall be responsible for providing all supplies, equipment, personnel, materials and publicity desired for the programming at Myles Ahead's sole expense. B. With the permission of the City and approval, Myles Ahead may make improvements to the Activity Room, including but not limited to, installing appropriate flooring and equipment for fitness training and coaching at the sole expense of Myles Ahead. Any fixtures installed in the Activity Room shall become the property of the City at the termination of this Agreement. Any fitness equipment purchased by Myles Ahead shall be the property of Myles Ahead and shall remain the property of Myles Ahead at the termination of this Agreement. C. Myles Ahead shall maintain and replace equipment at the sole expense of Myles Ahead in order to ensure the safety of Myles Ahead class and coaching participants and other members of the Sports Center. 5. Maintenance. Myles Ahead shall maintain the Premises and Activity Center and conduct its classes and coaching in a manner satisfactory to the City which includes, but is not limited to: A. Tidying the Activity Room after use; B. Maintaining and storing fitness equipment in a safe and responsible manner; C. Cleaning fitness equipment for proper sanitation; D. Making the Activity Room available to properly trained Sports Center members when not in use by Myles Ahead. Access to the Activity Room may be restricted by use of a key pad or other means, in which case, Myles Ahead shall take all actions reasonably necessary to ensure access to the Activity Center is restricted to only those members who are properly trained to use the equipment; E. Not altering, adding, or improving the Premises in any way without the prior written consent of the City Manager; 4 F. Not subletting the Activity Room without prior written consent of the City Manager. Without limiting the generality of the foregoing, Myles Ahead shall: G. Reimburse City for the cost of repairing or replacing any breakage, damage, or loss of the City's property, regardless of whether or not such loss is caused by a person or persons who officially belong to Myles Ahead's group or organization. Cost shall be established by the City and shall be paid by Myles Ahead within ten (10) days following City's demand therefor. H. Observe the ordinary rules of cleanliness and shall not leave any portion of the Activity Center or the Premises littered with paper or trash. If litter or garbage is left in the Activity Center or Premises or is otherwise left in an unsanitary condition, Myles Ahead will be invoiced for paying all costs necessary to clean the facilities and Myles Ahead will promptly pay any such invoices within ten (10) days following City's demand therefor. I. Comply with all security procedures after use (turn off lights, lock doors, etc.) and parking arrangements. Myles Ahead assumes responsibility for any loss arising from or related to failure to meet such obligations. 6. Consideration. In consideration of the rights and privileges granted to Myles Ahead by City, Myles Ahead shall pay the City a base rent of six hundred dollars ($600) per month and percentage rent of fifteen percent (15%) of the gross monthly receipts received from Myles Ahead fitness classes and coaching. A. The base rent payment will be due and payable in advance on the first (1St) day of each calendar month during the Term. B. Monthly installments of base rent for any fractional calendar month at the beginning or end of the Term shall be prorated based on the number of days in such month. C. The percentage rent payment will be due and payable in full on the fifteenth (151h) of January, April, July, and October, for the previous quarter (i.e. Rent for July - September will be due October 15th) D. The percentage rent payment shall be accompanied by a general ledger report listing the monthly gross receipts from classes and coaching and a calculation of the rent based on fifteen percent (15%) of the gross receipts. E. Any unpaid base or percentage rent payment will be considered delinquent if not paid by this date and shall be subject to the late payment charges under this Agreement. F. A security deposit in the amount of two -thousand dollars ($2,000.00) will be due 5 and payable to the City upon execution of this agreement. The deposit will be retained by the City for the term of the agreement and may be applied to any unpaid rent or used to make any necessary repairs to damage deemed caused by Myles Ahead. G. Payments shall be submitted to: City of Rohnert Park Finance Department 130 Avram Avenue Rohnert Park, CA 94928 Any rental payments or other amounts which are not paid by Myles Ahead when due shall incur equal to ten percent (10%) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that City will incur by reason of the late payment by Myles Ahead. City's acceptance of any late payment and/or late charge therefore shall not be deemed to prevent City from exercising any of the other rights and remedies available to City for any other event of default under this Agreement. H. Myles Ahead shall pay the City rent for additional space for special events per the current approved Recreation Program and Facility Fee Schedule. 7. Indemnification. Myles Ahead shall protect, defend, indemnify, and hold harmless the City and City's officers, officials, employees and agents, at Myles Ahead's sole expense and with counsel reasonably acceptable to the City, from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, changes, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney's fees) from any cause, arising out of or relating (directly or indirectly) to this Agreement, including without limitation: A. The use or occupancy, or manner of use or occupancy, of the Sports Center by Myles Ahead; B. Any act, error, omission, or negligence of Myles Ahead or of any subtenant, invitee, guest, contractor or licensee of Myles Ahead or any subtenant in, on or about the Premises; C. Myles Ahead's conducting of its business; D. Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Myles Ahead in, at, or about the Sports Center, including the violation of or failure to comply with any applicable laws, statues, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Agreement commencement date or enacted, promulgated, or issued after the date of this Agreement; and E. Any breach or default in performance of any obligation on Myles Ahead's part to be performed under this Agreement, whether before or during the Agreement Term or after its expiration or earlier termination. F. This indemnification extends to and includes, without limitation, claims for: i. Injury to any persons (including death at any time resulting from that injury); ii. Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage, or destruction); and iii. All economic losses and consequential or resulting damage of any kind. Myles Ahead's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all claims against the City involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations. Myles Ahead's indemnification obligation hereunder shall not be excused because of the Myles Ahead's inability to evaluate liability, or because the Myles Ahead evaluates liability and determines that the Myles Ahead is not or may not be liable. Myles Ahead must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. Myles Ahead agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Myles Ahead's acceptance of the tender. 8. Insurance. Maintain insurance coverage at all times during the term of this Agreement as follows: A. Liability Insurance: Comprehensive general liability insurance with the following minimum limits: $2,000,000 per occurrence $4,000,000 annual aggregate $4,000,000 umbrella coverage Myles Ahead shall name the City's officers, officials, employees and agents, while acting in that capacity, as additional insureds. The umbrella policies must be at least as broad as the Parties' liability coverage. Myles Ahead's insurance shall be primary as to liability arising from its use of the City's facilities. Myles Ahead shall provide the City with written proof of such coverage upon execution of this Agreement, and shall further provide the other party with thirty (30) days written notice of a material change to or cancellation of such coverage. Myles Ahead shall provide certificates of insurance confirming the above coverage and City's additional insured status at least five (5) days prior to the date of event. 7 Myles Ahead waives any and all rights of recovery against City for loss of, or damage to, damage or liability insured against and under any Myles Ahead insurance policy in force at the time of such loss or damage. Myles Ahead shall, upon obtaining the policies of insurance required hereunder, notify the insurance carriers that the foregoing waiver of subrogation is contained in this Agreement. B. Workers Compensation Insurance: Myles Ahead shall maintain Workers Compensation Insurance for its employees as required by State law. IV. MUTUAL AGREEMENTS. The parties mutually agree as follows: Termination Without Cause - Either party may terminate this Agreement by submitting to the other party written notice ninety (90) days prior to the termination date. In the case of the termination of this Agreement, Myles Ahead shall be liable for any portion of the Agreement until the date of termination. 2. Termination For Cause - Failure of Myles Ahead to abide by any of the provisions of this Agreement will be grounds for immediate cancellation and forfeiture of all moneys paid to date. Myles Ahead shall remain liable for any payments described in Section III, incurred prior to cancellation. 3. Renewal — Sixty (60) days prior to the expiration of the rental term, the Parties shall meet to reevaluate the terms of this Agreement. If both Parties agree in writing, this Agreement shall be renewed on the same terms for an additional three years. 4. Return of Possession. Myles Ahead shall remove all of Myles Ahead's equipment brought into the Activity Center and/or Activity Center upon the termination of this Agreement and return possession of the Activity Center to the City broom swept clean and otherwise in the condition the Activity Center was in at the time the rental began. If Myles Ahead fails to return the Activity Center to its pre -rental condition, Myles Ahead shall be responsible to the City for all costs associated with returning the Activity Center to its pre -rental condition. V. GENERAL PROVISIONS 1. Time - Time is of the essence of each provision of this Agreement. 2. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Manager City of Rohnert Park 13 0 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2243 Fax: (707) 794-9248 Email: admin@rpcity.org If to Myles Ahead: Freddie Myles 7295 Calcutta Court Rohnert Park, Ca 94928 Phone: (707) 775-9436 Email: Freddie.myles@gmail.com 3. Compliance with Laws; L.icns. Myles Ahead shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all permitting requirements, and all applicable State, Federal and local laws, statutes, ordinances, rules and regulations which apply to the operation and use of the Activity Center. Capacity of building is set by California laws and shall not be exceeded. Myles Ahead shall not permit or suffer any mechanic's lien to be filed against the Activity Center or the Premises or any portion thereof, and shall immediately discharge any such lien and shall protect, indemnify, defend and hold City harmless in connection therewith. 4. Equal Employment 012portunity. Myles Ahead is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Myles Ahead will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Myles Ahead will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, 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. Myles Ahead further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 5. Inspection and Audit — City shall be entitled, at City's option, at any time and from time to time during the Term, to inspect, examine, copy and audit Myles Ahead's books, records and cash receipts as related to Gross Receipts. The purpose of such examination is to enable City to ascertain, clearly and accurately, Myles Ahead's Gross Receipts and to verify that the form and method of Myles Ahead's record keeping provide adequate and proper control and check of all such revenues. Myles Ahead shall cooperate fully with City and City's Agents in making the examination. City shall also be entitled at City's option, once during each Rental Agreement year and once after the Expiration 9 Date or other termination of this Rental Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated and paid for by City. The audit shall be conducted during usual business hours at the Site. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then Myles Ahead's shall immediately upon notice pay the deficiency to City, together with a penalty as described above in the late payment section, which shall accrue from the date on which such deficient amount would have been due until such deficiency is paid. 6. Possesso1y Interest Taxes. This Rental Agreement may create a possessory property interest in Myles Ahead. Tenant acknowledges and agrees that Myles Ahead's rental and/or other property interests may be subject to property taxation, and Tenant to the payment of property taxes levied on the interest. Such taxes shall be paid by City during term of this Rental Agreement. 7. No Emtymem. Myles Ahead expressly acknowledges that none of its agents or representatives shall be considered an agent or employee of City. Myles Ahead shall have responsibility for and control over the details and means of providing the programming contemplated under this Agreement. Myles Ahead shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Myles Ahead hereby expressly waives any claim it may have to any such rights. Myles Ahead, its agents and representatives shall not have any power to bind or commit the City to any decision. Myles Ahead agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. 8. Compliance will all laws. Myles Ahead shall, at its own cost, comply with all statues, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 9. Business License. Myles Ahead shall obtain a business license prior to conducting business in the City and pay the required business license fee. 10. Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 11. Attorney's Fees. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 12. Severability - The Parties intend this Agreement to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining 10 clauses, or portions of them, shall not be affected unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision. 13. Governing Law; VC]ILIe; Construction - This Agreement shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Agreement shall be brought in a state court of competent jurisdiction located in Sonoma County. The captions used for the Sections and Articles of this Agreement have been inserted for convenience only and shall not be used to alter or interpret the content of this Agreement. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of authorship of the Agreement or any other rule of construction which might otherwise apply. 14. Entire agreement;. Amendments - This Agreement and Attachment A attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between the City and Myles Ahead pertaining to the lease of the Senior Center and supersedes all prior and contemporaneous understandings or agreements of the Parties. This Agreement may not be amended or modified except in a writing signed by both Parties. 15. Counterparts - This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached there from without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Agreement shall take effect when signed by all Parties. 11 NOW, THEREFORE, BE IT RESOLVED, that the City and Myles Ahead executed this Rental Agreement as of the date first written above. CITY OF ROHNERT PARK, a California Myles Ahead Fitness, Inc., a corporation municipal corporation By: By: Darrin Jenkins, City Manager Freddie Myles 7295 Calcutta Court Rohnert Park, Ca 94928 Title: Date: Date: Per Resolution No. 2016- adopted by the Rohnert Park City Council at its meeting of September 2016. ATTEST: Caitlin Saldana, Deputy City Clerk `VA —n rD rD T� crQ Ln Exhibit A to Rental Agreement DR Vitt !rg V slinoD 11eq janboejj ROLAND/ ROHNERT PARK COMMUNITY & RECREATION CENTER MLLERV ATHLETIC FACILITY 4-k\ I Km rD Ln At 0 0 (D 41' vil 0 3 it rD N...... 0 4) ROLAND/ ROHNERT PARK COMMUNITY & RECREATION CENTER MLLERV ATHLETIC FACILITY 4-k\ I Km At 0 3 (D 41' vil 0 rD 0 4) 0 G Ag ROLAND/ ROHNERT PARK COMMUNITY & RECREATION CENTER MLLERV ATHLETIC FACILITY 4-k\ I Km 19 11NERT PAR { ALIPQRS 1."d Call'inan Sports and Fitness Center Rental Agreement with Myles Ahead, Inc. 62 Overview Proposal Background Information Analysis • Proposed Rental Agreement • Financial Information • Benefits of Rental Agreement Questions & Discussion Proposal Myles Ahead,, Inc. 5 -year Rental Agreement ➢Use of Sports Center Activity Room �Conduct Fitness Classes background Information About MvIes Ahead: Established in 2005 Previously in Petaluma & Rohnert Park Training and coaching in Olympic -style weightlifting World class competitive weightlifting team 011 background Information Programs for youth and adults of varying skill levels Approximately 35 classes/week 7--Z Analysis Proposed Rental Terms The City Would.0 Give Myles Ahead exclusive access to the Activity Room when their programs are in session Manage schedule of Activity Room when not in use by Myles Ahead Provide routine janitorial services Not offer other competing Olympic weightlifting programs at Sports Center Analysis Proposed Rental Terms Myles Ahead Would: °> Pay for use of space Provide and maintain equipment Ensure quality and safety of fitness program Offer training to Sports Center members on safe use of weightlifting equipment ., Purchase and install flooring rl M W -9, -1 U1'''Nlllllllll O]ak ➢Term: 5 years + option to renew for 3 years ➢Base Rent: $600 per month ➢Percentage Rent: 15% of gross receipts Membership: Myles Ahead members would be required to join Sports Center (70 — 90 additional members) Analysis Financial Information Estimated Annual Revenue & Expenses Base Rent $ 71200 Percentage Rent New Memberships (70) Total Revenue Lost Revenue Opportunities Janitorial Services Net Annual Revenue to City 20,800 18,000 46,000 (6,000) (1100Q) (7,000) $39,000 Analysis Benefits of Agreement Expansion of fitness programming • Strategic Plan and Department Budget Goal Maximizes use of under-utilized space New revenue source for City Analysis �_ iki affo ➢Increased exposure of Sports Center • Increased marketing and press opportunities Supported by existing Sports Center members • Outreach meeting on July 7, 2016 Increased Facility Fee revenue to fund future Sports Center improvements Juestic ,m t T Ti- P- M- lb 1 �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: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services ITEM NO. 10 Agenda Title: Authorizing a Memorandum of Understanding and Related Documents for Affordable Housing Construction in the Willow Glen Subdivision Phase 1 (Southeast Specific Plan) RECOMMENDED ACTION: Approve a Resolution Authorizing a Memorandum of Understanding and Related Documents for Affordable Housing Construction in the Willow Glen Subdivision Phase 1(Southeast Specific Plan) BACKGROUND: The City has entered into a Development Agreement (DA), which has been amended once, with Redwood Equities LLC to provide for the orderly development of the Southeast Specific Plan. Redwood Equities LLC has assigned its rights and obligations under the DA to Penn Grove Mountain, LLC, an affiliate of Redwood Equities. Exhibit D to the DA is the Affordable Housing Plan, which outlines how the Developer will comply with the City's Affordable Housing Ordinance. The DA requires the Developer to construct 28 affordable duet units, 8 affordable townhomes and a 36 unit affordable apartment complex. The duet units are located throughout the development (see Attachment 1) and must be completed with the market rate units in each phase. Phase 1 includes 2 duets (4 units). The Developer is proposing these units as for -sale affordable opportunities which, according to the DA, requires that units be affordable for low to moderate income earners. (Low to moderate income earners have incomes of 81 % up to 120% of the average median income in the County). The DA requires that the Developer record an Affordable Housing Agreement with each Final Map that demonstrates how it will construct, manage and retain the affordability of the units. The DA requires that the Affordable Housing Agreement restrict the units as affordable units for at least forty-five (45) years. City staff and the Developer have been working for several months on the Affordable Housing Agreement. The City does not have the staff capacity to manage and implement an affordable housing program in the Southeast Specific Plan Area. Staff and the Developer have met with the City of Santa Rosa because that agency retains a housing program staff. Staff and the Developer learned that Santa Rosa is not able to provide contract services to another agency. Santa Rosa's staff referred us to the Housing Land Trust of Sonoma County (HLT). HLT is a nonprofit organization that manages the construction and operation of owner occupied affordable housing units through a ground lease model that ensures the homes remain available to affordable buyers in perpetuity. Staff and the Developer have met with HLT and found that the program offered by HLT provides an effective method for implementing the requirements of DA. HLT has ITEM NO. 10 developed and operates affordable owner occupied housing projects in Cloverdale, Cotati, Healdsburg and Santa Rosa. Attachment 2 provides an overview of HLT. Staff is requesting that Council approve a Memorandum of Understanding between the City, the Developer and HLT that outlines the intent to cooperate on developing the affordable units within Phase 1 of the Willow Glen Subdivision, along with the form of several agreements through which the affordable housing program will be implemented. ANALYSIS: HLT has developed a model that allows for perpetual preservation of affordable ownership opportunities using a ground lease model. Under this model, the Developer will transfers the property on which the affordable units are constructed to the City, who in turns transfers the property HLT. HLT will enter into agreements with the City that restricts the use of the property specifically for affordable housing. HLT then contracts with the Developer to construct the affordable units, and HLT secures qualified buyers that meet the income limits outlined in the DA and the City's Ordinance. HLT sells the affordable units to qualified buyers and reimburses the Developer for constructions cots, to the extent possible, from the sale. While the purchasers acquire the units, HLT retains a ground lease on the underlying property, which provides the mechanism to restrict any future sales to affordable buyers. When an owner wishes to sell its property, the ground lease provides HLT with the right to repurchase the unit at an amount that allows the unit to remain affordable to qualified buyers. HLT charges a $7,500 fee, due at close of escrow, for its services. This fee is between 2% and 3% of the current affordable sales price and takes the place of a real estate commission. The City's Affordable Housing Ordinance includes provisions that allow the City to buy back owner occupied affordable housing units in order to keep them in the affordable market place. The City has implemented these provisions in the Centreville project but has not been able to buy back units when they come up for sale. Because HLT's ground lease model preserves property affordability in perpetuity, the City would not be required to buy back property. This model offers the significant community benefit of maintaining affordable ownership opportunities in perpetuity, while minimizing the City's activities and costs. In order to implement this program with HLT and the Developer, the City will need to execute the following documents. Memorandum of Understanding (MOU) included as Resolution Exhibit A. The Memorandum of Understanding outlines the relationship between the City, HLT and the Developer for the first phase of the project and also describes the intent of the parties to cooperate on future phases of the project. 2. Inclusionary Housing Agreement included as Resolution Exhibit B. This agreement formalizes the terms of the MOU and designates the lots that are part of the Inclusionary Housing Program, the initial sales price, the deed restriction for a minimum of 45 years and the timing under which the affordable units must be constructed. This agreement is completed and recorded after the recordation of the final map because it requires references to the lots created by the final map. 3. Performance Deed of Trust included as Resolution Exhibit C. This deed, which is recorded upon the close of escrow for each affordable unit, ensures that the title to the property underlying each of affordable units is encumbered with the requirements of the City's Inclusionary Housing Ordinance. This Performance Deed of Trust also generally 2 ITEM NO. 10 outlines HLT's responsibility to maintain the affordability and viability of each affordable unit. 4. Affordable Housing Agreement included as Resolution Exhibit D. This agreement complements the Performance Deed of Trust and outlines HLT's assumption of the specific responsibilities for marketing and maintaining the affordable units and satisfying the requirements of the Inclusionary Housing Ordinance in exchange for its receipt of the underlying property from the City. This agreement is also executed upon at the close escrow for the affordable units. HLT will also execute a Construction and Resale Agreement and Purchase Agreement with the Developer and a Ground Lease with the eventual Homeowner. The City is not party to these agreements but they are on file with the City Clerk should Council Members wish to review them. Staff is proposing two incentives with this first Memorandum of Understanding that are intended to facilitate the success of this first project and recognize the benefits that the City receives from the partnership with HLT. Affordable Unit Pricing Targeted to Median and Moderate Income Earners. The City's Inclusionary Housing Ordinance and the DA require that one-half of the affordable ownership units be affordable to low income earners (up to 80% of the average median income) and the remaining units be affordable to moderate income earners (up to 120% of the average median income). HLT has indicated that qualifying low income earners is challenging and that the greatest need for their services comes from median income earners (81 % to 100% of the average median income). Based on this experience, staff is recommending that the first two duets (four units) be targeted to median and moderate income earners. This will "front load" the project and require a larger percentage of the units to be targeted to low income earners in later phases. Staff believes this strategy is consistent with the DA and the Inclusionary Housing Ordinance and will create a successful first phase project, upon which the later phases can build. 2. City Contribution towards HLT Fee. HLT's fee for each affordable housing transaction is $7,500. As noted above, this takes the place of a real estate commission and provides for the service of soliciting and reviewing buyer qualifications. This work would otherwise need to be performed by City staff or another contractor at some cost to the City. Staff has negotiated with the Developer and agreed to recommend splitting the HLT fee for the first four units so that the City's cost would be $15,000 and the Developer's cost would be $15,000. (The first phase includes four units so HLT's total fee is 4 x $7,500 or $30,000). In recognition of the cash flow demands inherent to affordable housing development, Staff is proposing that the City advance the fees for all four units and the Developer reimburse the City for half the fee at the close of escrow. Staff is proposing that the City's share of the costs come from the In -Lieu Housing Fee Fund. This special revenue fund can only be used for affordable housing. ENVIRONMENTAL ANALYSIS: The development of affordable housing was included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated December 2005) for the Southeast Rohnert Park Specific Plan. Because the development was included in the Project Description, the analysis in the Draft EIR included an analysis of the development and its impacts. The description of the development was not substantially changed ITEM NO. 10 by the Final EIR (October 2010). Because the proposed improvements were included in the Project Description considered in the Southeast Specific Plan EIR, and their impacts were analyzed and mitigated, to the extent possible, no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and biological impacts are included as part of the work. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D - Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: 1. Execute the MOU and various agreements with HLT (Recommended Option). The recommended option provides a viable, long-term solution for initiating and maintaining an affordable ownership program in the Southeast Specific Plan. HLT's program, which provides affordability in perpetuity, not only satisfies but goes beyond the requirements of the DA and the City's Inclusionary Housing Ordinance. 2. Implement the Affordable Housing Plan with City staff (Not Recommended). The dissolution of its redevelopment agency removed the City's funding source for affordable housing work. Current City staff has neither the expertise nor the availability to implement an affordable ownership program and the City does not have the resources to buy-back affordable units when they come up for sale, which often causes the units to be sold at market price. FISCAL IMPACT/FUNDING SOURCE: The proposed action will have a fiscal impact of $15,000, which covers the City's share of HLT's fees. Staff is proposing that the City's share of the costs come from the In -Lieu Housing Fee Fund. This special revenue fund can only be used for affordable housing. There will be no impact on the City's General Fund. Department Head Approval Date: 08/26/2016 Finance Director Approval Date: NA City Attorney Approval Date: 09/06/2016 City Manager Approval Date: 09/7/2016 Attachments (list in packet assembly order): 1. Location of Affordable Housing Units within the Willow Glen Subdivision (Southeast Specific Plan Area) 2. Housing Land Trust of Sonoma County Corporate Profile 3. Resolution of the City Council of the City of Rohnert Park Authorizing a Memorandum of Understanding and Related Documents for Affordable Housing Construction in the Willow Glen Subdivision Phase 1 (Southeast Specific Plan) 4. Resolution Exhibit A - Memorandum of Understanding (MOU) between City, Developer and Housing Land Trust. 5. Resolution Exhibit B - Inclusionary Housing Agreement 6. Resolution Exhibit C - Performance Deed of Trust 7. Resolution Exhibit D - Affordable Housing Agreement 2 MISSION STATEMENT Housing Land Trust of Sonoma County (HLT) provides home ownership opportunities to low- and moderate -income families in Sonoma County while ensuring permanent housing affordability through the use of a community land trust model. We believe that (1) all working families deserve a home of their own, and (2) homeowners from a broad socio-economic range create the strongest and most vibrant communities. Our goal is to recruit and retain a strong, local workforce and make it possible for those who are the fabric of our community to work and live in the same community. COMMUNITY LAND TRUST MODEL The Community Land Trust (CLT) model fulfills our mission and provides benefits to our local community. HLT works closely with a variety of local organizations to acquire real estate and create home ownership opportunities to residents who cannot otherwise afford it. The land is either purchased by or donated to HLT. If the properties are vacant, HLT arranges for the development and construction of the homes. Sometimes we acquire property with existing homes on it. In all cases, the land is permanently owned by HLT, and the buildings are owned by the homeowners who purchase them. The land is leased to the homeowners via a 99 -year ground lease. The homeowners and their descendants may use the land and buildings for as long as they wish to live there, so long as it is used as their primary residences. A key benefit of this model is the ability to ensure prices stay affordable. When the homeowners decide to sell their homes, HLT has the right to buy the home back for an amount determined by the HLT resale formula. The sale price is based on the percentage increase in the median household income from the time the home was purchased. The resale formula is designed to give homeowners a fair return on their investment, while keeping the price affordable for future low- to moderate -income families. This model ensures that the price of the home will always remain as affordable to the subsequent owners, as it was to the first owner in the same income level. This aspect is unique to the Community Land Trust model and what sets it apart from other models by keeping homes affordable in perpetuity. FAMILY AND HOMEOWNER STEWARDSHIP The most important part of our work is maintaining our relationships and connections with the families who have purchased the homes. Through regular contact, workshops, and social gatherings, we steward and educate our families about financial planning for the future. Due to our assistance, our families have not only survived this recent economic crisis, but have thrived! We are proud to report that Housing Land Trust has not lost a home to foreclosure -- and thirteen of our families have sold their HLT homes and moved into market -rate homes -- giving another thirteen families a new beginning with HLT. The Community Land Trust model has proven to be extremely successful in preventing foreclosures nation-wide due the stewardship delivered to the homeowners by the Land Trusts. OUR HOMES HLT has created 48 homes and served 61 workforce families throughout Sonoma County, and we will be completing 12 more homes in 2016. There are 32 to 40 homes in the planning stages in various cities in Sonoma County. Kali Subdivision Santa Rosa, 10 homes (2002). Our first development was completed in partnership with Habitat for Humanity of Sonoma County. Once we acquired the land, HfFI built six of the homes; the remaining four were built by The Housing Company, a for-profit developer and builder. Frates Square, Southgate Subdivision Petaluma, 26 homes (2007) This project is the inclusionary housing component of a larger, 200 -home subdivision. HLT partnered with the City of Petaluma, a city that continues to hold a stellar track record in building affordable housing. The homes were constructed by Delco Builders. Cloverdale Two homes (2008 & 2009 ). In Cloverdale, HLT partnered with the City to preserve the affordability of two existing units, keeping them from being lost from the workforce housing stock. Sonata Subdivision Healdsburg, 6 homes (2012-13). These homes were built in partnership with D.R. Horton and the City of Healdsburg as part of the inclusionary housing component. Woodland Hills Subdivision, Cotati, 5 homes (2014-16). We are partnering with the City of Cotati and Habitat for Humanity to create five homes. Chiguita Grove, Healdsburg, 4 homes (2015-16). These homes are under construction being built by Barry Swenson Homes and in partnership with the City of Healdsburg as part of the inclusionary housing component. Sorrento Square Healdsburg, 6 homes (2015-16). These homes are under construction being built by Comstock Homes and in partnership with the City of Healdsburg as part of the inclusionary housing component. Upcoming Developments: 12 units in Healdsburg, 6 units in Cotati, 25 units in Petaluma. LEARN MORE ABOUT HLT Housing Land Trust of Sonoma County was founded in 2002, and is a private, non-profit 501(c)(3) corporation. To learn more about, or donate to, our organization and support our work to serve Sonoma County's workforce families, please visit us at www.housinglandtrust.or , or call Dev Goetschius at (707) 766-8875. Thank you! P.O. Box 5431 Petaluma, CA 94955-5431 • T: (707)766-8875 • F: (707)922-0171 RESOLUTION NO. 2016-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING A MEMORANDUM OF UNDERSTANDING AND RELATED DOCUMENTS FOR AFFORDABLE HOUSING CONSTRUCTION FOR THE WILLOW GLEN SUBDIVISION PHASE 1 (SOUTHEAST SPECIFIC PLAN) WHEREAS, on December 7, 2010, the City Council of the City of Rohnert adopted Resolution No 2010-134 approving the Final Environmental Impact Report (EIR) for the Southeast Specific Plan; WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-165 approving an amended Final Development Plan for the Southeast Specific Plan Area; WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-166 the Tentative Map for the Southeast Specific Plan Area prepared by Civil Design Consultants (the "Tentative Map"), subject to certain conditions of approval ("Conditions"); WHEREAS, on December 7, 2010, the City Council of the City of Rohnert Park adopted Ordinance No. 832, approving a Development Agreement ("Development Agreement") between the City of Rohnert Park and Redwood Equities LLC, which included an Affordable Housing Plan; WHEREAS, in accordance with Development Agreement, Redwood Equities LLC has assigned the Development Agreement to Penn Grove Mountain LLC ("Developer") an entity under common control with Redwood Equities LLC; WHEREAS, on December 9, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 882, approving an amendment to the Development Agreement including amendments to the Affordable Housing Plan; WHEREAS, the Developer intends to file the Final Map for Phase 1 of the Southeast Estates Subdivision, consisting of 107 residential lots which includes four lots designated for duet units that are to be affordable for low to moderate income earners; WHEREAS, the Development Agreement requires that an Affordable Housing Agreement be entered into concurrent with the first Final Map to cover the construction, sale and operation of these duet units; WHEREAS, the City does not have the staff resources and expertise to implement an Affordable Housing Plan for the Southeast Specific Plan Area; WHEREAS, the Housing Land Trust of Sonoma County (HLT) is a nonprofit corporation with experience in the construction, sale and operation of affordable ownership opportunities and is qualified to execute an Affordable Housing Agreement with the City and the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve: 1. The Memorandum of Understanding between the City, the Developer and HLT in substantially similar form to Exhibit A of this Resolution; 2. The "Inclusionary Housing Agreement" between the City and Developer, in substantially similar form to Exhibit B of this Resolution; 3. The Performance Deed of Trust for the benefit of the City in substantially similar form to Exhibit C of this Resolution; and 4. The Affordable Housing Agreement and Declaration of Restrictive Covenants with Option to Purchase" ("Affordable Housing Agreement") by and between the City and HLT in substantially similar form to Exhibit D of this Resolution. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the above documents and other documents necessary to execute the Affordable Housing Plan, as provided herein, for and on behalf of the City of Rohnert Park, subject to revisions approved by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to accept title to the four properties on which the affordable duet units are located and convey title to the same properties to HLT for continued affordability using a form of deed approved by the City Attorney. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to make the budget amendments necessary to fund HLT's fee of $7,500 per unit from the City's In -Lieu Fee Fund and to accept reimbursements from the Developer for portions of HLT's fees as outlined in the Memorandum of Understanding. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. ATTEST: City Clerk Attachments: Exhibits A, B, C and D AHANOTU: CALLINAN: STAFFORD: AYES: ( ) NOES: ( CITY OF ROHNERT PARK Gina Belforte, Mayor MACKENZIE: BELFORTE: ABSENT:( ) ABSTAIN: ( ) (2) 2016-94 Resolution Exhibit A MEMORANDUM OF UNDERSTANDING Willow Glen Subdivision — Southeast Rohnert Park Specific Plan Area Inclusionary Housing Units This Memorandum of Understanding ("MOU") is entered into as of , 2016 by and among the City of Rohnert Park ("City"), Penn Grove Mountain LLC or its related assigns ("Developer"), and Housing Land Trust of Sonoma County (HLT), in order to facilitate the development of up to thirty six (36) owner -occupied affordable housing units in the Willow Glen Subdivision (defined below). This MOU is entered into in connection with the First Development Phase of the Willow Glen Subdivision. Later phases of development of the Willow Glen Subdivision will be accompanied by future and independent documents relating to each future phase. 1. Application for Development. Developer has filed an application for development ("Application") of approximately 80 acres, in the City of Rohnert Park, State of California, and more particularly described as Assessor's Parcel No. 047-111-030 located at 7279 Petaluma Hill Road and more commonly known as the "Southeast Specific Plan Area." 2. Definitions. For the purpose of this Memorandum of Understanding, the following definitions apply: Very Low Income means an income between 31% and 50% of the Area Median Income; Low Income means an income between 51% and 80% of the Area Median Income; Median Income means and income between 81% and 100% of the Area Median Income; and Moderate income means an income between 101% and 120% of the Area Median Income. Inclusionary Housing_ Requirements. The Development Agreement by and between the City of Rohnert Park and Developer, as amended, ("Development Agreement") requires the Developer to provide seventy-two (72) affordable housing units ("Affordable Units"), including fourteen (14) duet units (28 total units), eight (8) townhomes and thirty-six (36) rental apartments, in order to meet the City's inclusionary housing requirements under the City's Municipal Code. The Exhibit D to the Development Agreement requires that the owner -occupied affordable units be affordable to Low Income up to Moderate Income Households and affordable rental units be affordable to Very Low to Low Income Households. MOU for WillowGlen Subdivision 18866:6507809.2 Resolution Exhibit A 4. Development and Construction of First Development Phase. Developer has applied for a Final Map for the 105 -lot first phase of it subdivision which includes two (2) affordable duets (4 units). Developer will provide these units under the following terms and conditions: a. Developer shall develop and construct, at its sole cost and expense, two (2) duet homes (4 units) at the locations illustrated on Exhibit A. Each duet shall include one (1) two bedroom unit and one (1) three bedroom unit. Developer shall dedicate the land underlying the duet homes to the City, the City shall deed the land to HLT who in turn will execute a long term ground lease, under the terms hereinafter specified, to ensure affordability. b. All Affordable Units shall be resale restricted for sale to households with median to moderate income earners (i.e., made affordable to households with incomes from 81 % to 120% of Area Median Income). The City and Land Trust will allow all four first phase units to be sold to moderate income earners. c. Developer shall sell the Affordable Units and shall recover and retain all proceeds from such sales. d. At each close of escrow for each of the Affordable Units, City shall pay to Housing Land Trust the sum of Seven Thousand Five Hundred Dollars ($7,500) per unit, which sum shall be a fixed cost that will cover all costs incurred by Housing Land Trust related to marketing, homebuyer selection, homebuyer education and preparation of documents for the close of escrow as related to the Affordable Units. From the sales proceeds of the fourth (last) escrow to close for the Affordable Units, Developer shall reimburse to City the sum of Three Thousand Seven Hundred and Fifty Dollars ($3,750) per unit or a total amount of Fifteen Thousand Dollars ($15,000). ($15,000 is a reimbursement rate of $3,750 per unit multiplied by four units). 5. Intent to Cooperate on Future Phases. Developer, City and the Housing Land Trust intend to cooperate in the delivery of owner -occupied Affordable Housing including twelve (12) additional Affordable Duets (24 units) and eight (8) Affordable Townhouses in future phases. Each future phase will be accompanied by future and independent documents including, but not limited to, future Memoranda of Understanding. The goal of Developer, City and the Housing Land Trust is to deliver these units under the following terms and conditions: a. Developer shall develop and construct, at its sole cost and expense, twelve (12) additional affordable duets (24 units) which shall be distributed throughout the subdivision as illustrate in Exhibit A. Each duet shall MOU for WillowGlen Subdivision 18866:6507809.2 Resolution Exhibit A include one (1) two bedroom unit and one (1) three bedroom unit. Developer shall dedicate the land underlying the duet homes to the City, the City shall deed the land to HLT who in turn will execute a long term ground lease (under the terms hereinafter specified) to ensure affordability. All of the affordable duets shall be resale restricted for sale to households with median to moderate income earners b. Of the twenty-four (24) units contained within the future phase duets, the goal of the Developer, the City and the Land Trust is to have fourteen (14) units sold to households with low incomes (51% to 80% of Area Median Income) and ten (10) units sold to households with median to moderate income earners (81% to 120% of Area Median Income). c. Developer shall develop and construct, at its sole cost and expense, eight (8) townhouses which shall be distributed throughout the entire townhouse portion of the WillowGlen Subdivision (i.e., these townhouse units will be intermixed with the market rate townhouse units). Because townhouse units do not include ownership of the land underlying the townhouse building, there shall be no requirement for land transfer in connection with the development and construction of the Affordable Condos. d. Of the eight (8) townhouse units, the goal of the Developer, the City and the Land Trust is to have four (4) units sold to households with low incomes (51% to 80% of Area Median Income) and four (4) units sold to households with median income earners (81% to 100% of Area Median Income). e. Developer shall sell the Affordable Units and shall recover and retain all proceeds from such sales. f. From the sales proceeds at each close of escrow for each of the Affordable Units, Developer shall pay to Housing Land Trust the sum of Seven Thousand Five Hundred Dollars ($7,500) per unit, which sum shall be a fixed cost that will cover all costs incurred by Housing Land Trust related to marketing, homebuyer selection, homebuyer education and preparation of documents for the close of escrow as related to the Affordable Units. 6. City's Obligations. The City will work in partnership with the Housing Land Trust of Sonoma County ("Housing Land Trust") to take and retain title to the land beneath the Affordable Duplex and the Affordable SFs, and will thereafter transfer that land to the Housing Land Trust (subject to a Regulatory Agreement) so that the Housing Land Trust may enter into a 99 -year renewable term ground lease with each buyer to ensure continued affordability. Working with the Housing Land Trust, the City will draft all documents necessary to effectuate the intent of this MOU, including any leases, and any affordability and occupancy restrictions designed to protect the City's interest in maintaining the homes as MOU for WillowGlen Subdivision 18866:6507809.2 Resolution Exhibit A affordable workforce housing over time. The City, in conjunction with Housing Land Trust, will coordinate outreach efforts to income -qualified buyers. DeNova shall have no liability to the City and/or the Housing Land Trust for the policies and procedures adopted to effectuate any workforce housing program offered. 7. Housing Land Trust Obligations. Housing Land Trust will work in partnership with the City to effectuate a 99 -year renewable ground lease that will ensure continued affordability for the Affordable Duets and Townhomes. Housing Land Trust shall implement a deed covenant for the condominiums to ensure long term affordability. Working with the City, Housing Land Trust will draft all documents necessary to effectuate the intent of this MOU, including any leases, deed restrictions and any affordability and occupancy restrictions designed to protect the City's interest in maintaining the homes as affordable workforce housing over time and the Housing Land Trust's interest in creating workforce housing. Housing Land Trust, in conjunction with the City, will coordinate outreach efforts to income -qualified buyers. Housing Land Trust will be responsible for marketing the units and finding qualified buyers. DeNova shall have no liability to the City and/or the Housing Land Trust for the policies and procedures adopted to effectuate any workforce housing program offered. IN WITNESS WHEREOF, the parties hereto have executed this MOU on the first date written above. City of Rohnert Park Darrin Jenkins, City Manager Penn Grove Mountain LLC Ben VanZutphen, Manager Housing Land Trust of Sonoma County Dev Goetschius, Executive Director MOU for WillowGlen Subdivision 18866:6507809.2 Resolution Exhibit B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Developer's Attorney Address , CA 94 City of CA 9 FOR RECORDER'S USE ONLY EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103,27383 Inclusionary Housing Agreement This Inclusionary Housing Agreement ("Agreement") is made on , 2016 by and between Penn Grove Mountain LLC ("Developer") and the City of Rohnert Park ("City"). RECITALS A. Developer is the owner of certain real property (the "Property") described as Lots 1 through 105, Assessor's Parcel Numbers , in the City of Rohnert Park California, which is entitled for the development of one hundred and five (105) residential lots, as shown on the final map for the Southeast Estates Subdivision (the "Development") recorded on . 2016, as document number / in the Official Records of the County of Sonoma, State of California ("Official Records"), in Book of Maps, Pages - B. As part of the City's approval of the Development, City has required the Developer to provide four affordable housing units (individually a "Unit" and collectively the "Units") in two duets as follows: two for occupancy by median income persons or households, and two for occupancy by moderate income persons or households, all in satisfaction of City's inclusionary housing mandates set forth in Municipal Code Section 17.07.020(N)(2). Each lot associated with an affordable Unit and the plans for that residence, are designated, shown and described, in the attached Exhibit A, which is incorporated herein by this reference. C. Developer's affordable housing obligations contained herein are a material part of the consideration received by City in connection with its approval of the Development. D. Capitalized terms not defined herein shall have the meaning ascribed to them in that certain Affordable Housing Agreement and Declaration of Restrictive Covenants with Resolution Exhibit B 2 Option to Purchase, the form of which is attached here to as Exhibit B. NOW, THEREFORE, in consideration of the following covenants, the parties hereto agree as follows: 1.0 INCLUSIONARY HOUSING REQUIREMENTS 1.1 Restricted Units. Developer agrees, at its sole cost and expense, to construct or cause to be constructed, two duets (four Units), which it shall cause to remain available for a minimum of forty-five (45) years for the sale, transfer or conveyance to, and the occupancy of, the following categories of occupants: 2 Units for median income persons or households, and 2 Units for moderate income persons or households, all as designated, shown and described, in Exhibit "A" attached to this Agreement and incorporated herein by reference. Further, said Units shall be constructed in accordance with the City—approved building plans and specifications and in compliance with the inclusionary housing requirements set forth in Municipal Code Section 17.07.020(N)(2), except as expressly provided otherwise herein. The Units shall be made available for sale to Eligible Buyers and the total of the monthly mortgage, hazard insurance, property tax, and homeowners' association dues (if any) shall represent no more than thirty-eight percent (38%) of the total household income of the purchaser, with a maximum purchase price as follows: (a) For the Median -Income Units, $300,000, based on the Median -Income figures in existence when this Agreement was signed, but subject to an increase based on a change in the AMI between the date this Agreement was signed and the time at which said Median -Income Units are available for sale to Eligible Buyers. (b) For the Moderate -Income Units, $350,000, based on the Moderate -Income figures in existence when this Agreement was signed, but subject to an increase based on a change in the AMI between the date this Agreement was signed and the time at which said Moderate -Income Units are available for sale to Eligible Buyers. 1.2 Construction Timing. Said Units shall be constructed prior to the issuance of the final market -rate building permit for the Development. If Developer fails to construct the Units in compliance with this requirement, the City may withhold the issuance of building permits for the remainder of the Development, until such time as the Developer comes into compliance with this requirement. 1.2 Tentative Map Conditions. In addition to the foregoing, Developer shall satisfy all other specific conditions of approval imposed by City on the tentative map for the Property. 1.3 Right to Locate / Approve Bum. As between the Developer and the City, City reserves the right to locate and approve the initial Eligible Buyers of the Units. 2.0 INDEMNITY 2.1 Indemnity. To the maximum extent permitted by law, Developer agrees to indemnify, defend (with counsel approved by the City) and hold harmless City and its elected and appointed officials, officers, employees, representatives and agents (collectively, Resolution Exhibit B 3 "Indemnitees") from and against any and all claims, liabilities, losses, costs, demands, damages, causes of action, legal and administrative proceedings, penalties, deficiencies, fines, expenses and obligations (including, without limitation, attorneys' fees and costs of litigation) arising out of or relating in any manner to Developer's willful or negligent failure to perform the terms of this Agreement. The provisions of this Section shall survive the expiration or other termination of this Agreement or any release of all or part of the Property from the burdens of this Agreement. 3.0. ENFORCEMENT 3.1 Default. In the event Developer, through no fault of the City, materially defaults in the performance of any obligation under this Agreement, and such default remains uncured for a period of (30) days after City has delivered a written notice of such, or in the event a cure cannot be completed within thirty (30) days, if the Developer has not begun and diligently pursued the cure to completion, then City may declare an "Event of Default" to have occurred, in which case it may take one or more of the following steps: (a) By mandamus or other suit, action or proceeding at law or in equity, require Developer to perform its obligation under this Agreement, or enjoin any actions which may exacerbate damages caused by the default; (b) Take such other action at law or in equity as may be reasonably necessary or appropriate to enforce Developer's obligations hereunder. 3.2 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for default by Developer, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 4.0. COVENANTS TO RUN WITH THE LAND 4.1 Binding on Successors. Developer hereby subjects the Property to the covenants, reservations and restrictions set forth in this Agreement and declares its express intent that all such covenants, reservations and restrictions shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors in title to the Property. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire term of this Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be conclusively held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions set forth in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 4.2 Attorneys' Fees. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition or covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover costs of suit, including reasonable attorneys' fees, as may be fixed by the court rendering judgment. Attorney's fees shall include attorney's fees on any appeal. Resolution Exhibit B 4 4.3 Amendments. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the Official Records. 4.4 Severability / Waiver / Integration. tion. (a) If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. (b) A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either party in exercising any remedy or right, be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. (c) This Agreement together with any exhibits contains the entire agreement between the parties. 5.0 FUTURE ENFORCEMENT BY CITY 5.1 Enforcement. The parties hereby agree that City shall have the right to enforce all of the terms and conditions herein. 6.0 GENERAL PROVISIONS 6.1 Modification. No modification to this Agreement shall be binding upon any parry unless such modification is in writing and is signed by the party to be bound. 6.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.3 Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one original Agreement. 6.4 Rule of Construction. The parties hereto acknowledge that they each enter into this Agreement after having an opportunity for thorough review by, and on advice of, their respective legal counsel. The judicial rule of construction requiring or allowing an instrument to be construed to the detriment of or against the interests of the maker thereof shall not apply to this Agreement. IN WITNESS WHEREOF, the Developer and City have executed this Agreement on the date first written above. Signatures on Next Page Resolution Exhibit B "DEVELOPER": Penn Grove Mountain LLC By: Ben vanZutphen, Manager "CITY": CITY OF ROHNERT PARK By: Darrin Jenkins, City Manager ATTEST: , City Clerk APPROVED AS TO FORM: , City Attorney 5 Resolution Exhibit B Exhibit A Dedication of Lots on Map for Four below Market Rate Units Unit Income Classification: Lot Nos. Median and Moderate 53, 54, 55 and 56 Designation of Plans and Specifications for each Unit 0 Lot No Plans & Specifications Unit Square Feet Number of Bedrooms 53 SE Medium Density Conventional Duet Plan 5 1412 3 54 SE Medium Density Conventional Duet Plan 4 1214 2 55 SE Medium Density Conventional Duet Plan 4 1214 3 56 SE Medium Density Conventional Duet Plan 5 1412 3 Sales Price of Below Market Rate Units Two (2) Units ....................$300,000 Two (2) Units .....................$350,000 Resolution Exhibit B CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. SONOMA COUNTY ) On , before me, , personally appeared , who proved tome 7 on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Resolution Exhibit B 8 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. SONOMA COUNTY ) On , before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Resolution Exhibit C Recording requested by and when recorded mail to: CITY OF , CA 95448 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE ��6103, 27383 Space above this line for Recorder's use. PERFORMANCE DEED OF TRUST THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY ENCUMBERED BY THIS DEED OF TRUST. EXCEPT FOR A TRANSFER TO THE CITY OF ROHNERT PARK (THE "CITY") OR CITY'S ASSIGNEE FOLLOWING CITY'S EXERCISE OF ITS OPTION TO PURCHASE, THE HOMES CONSTRUCTED ON THIS PROPERTY MAY ONLY BE SOLD TO "ELIGIBLE HOUSEHOLDS" AT A PRICE NOT TO EXCEED AN "AFFORDABLE PURCHASE PRICE." This PERFORMANCE DEED OF TRUST ("Deed of Trust") is made as of 201_ ("Effective Date") by The Housing Land Trust of Sonoma County, a nonprofit public benefit corporation ("Trustor"), in favor of Title Company ("Trustee"), for the benefit of the City of Rohnert Park, a California municipal corporation ("City" or "Beneficiary") as Beneficiary. RECITALS A. Trustor is the owner of the real property identified as Lots and in the Subdivision (the "Development") located in , California, and more particularly described in the attached Exhibit A (the "Property). B. Trustor shall cause the Property to be leased to Eligible Buyers pursuant to a ninety-nine (99) -year renewable Ground Lease, and the terms of that certain Affordable Housing Agreement and Declaration of Restrictive Covenants with Option to Purchase (the "Affordable Housing Agreement") dated as of , 201_ and executed by the Parties and recorded substantially concurrently herewith in the Official Records of Sonoma County (the "Official Records"). Capitalized terms not defined herein shall have the meaning ascribed to them in the Affordable Housing Agreement. 2022337.1 C. Pursuant to the Affordable Housing Agreement, Trustor is obligated, among other requirements, to enter into a ground lease with the owner of each of the Restricted Homes constructed on the Property to ensure that the Restricted Homes are purchased only by Eligible Buyers at a price not in excess of the Affordable Purchase Price. D. The Affordable Housing Agreement also provides (among other provisions) that Beneficiary has an option to purchase the Property or part thereof if Trustor defaults under the Affordable Housing Agreement. NOW, THEREFORE, to secure the full and timely performance by Trustor of the Secured Obligations (defined below), it is agreed as follows: 1. Grant in Trust. Trustor, in consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale, all estate, right title and interest which Trustor now has or may later acquire in and to that certain real property located in the City of Rohnert Park, County of Sonoma, State of California, described in the attached Exhibit A (the "Property") together with all of the following: (i) all improvements now or hereafter located or constructed on the Property, and all replacements and additions thereto ("Improvements"); (ii) all easements, rights of way, appurtenances and other rights used in connection with the Property or as a means of access thereto ("Appurtenances"); (iii) all fixtures now or hereafter attached to or used in and about the Property or the improvements located thereon or hereafter located or constructed on the Property, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements in any manner ("Fixtures and Equipment"); and (iv) all leases, subleases, licenses and other agreements relating to use or occupancy of the Property ("Leases") and all rents or other payments which may now or hereafter accrue or otherwise become payable to or for the benefit of Trustor ("Rents") (whether or not such Leases and Rents are permitted by the Affordable Housing Agreement). All of the above -referenced Property, Improvements, Appurtenance, Fixtures and Equipment, Leases and Rents are herein referred to collectively as the "Security". 2 2. Obligations Secured. This Deed of Trust is given for the purpose of securing payment and performance of the following (the "Secured Obligations"): (i) all present and future obligations of Trustor set forth in this Deed of Trust or in the Affordable Housing Agreement (including without limitation, Trustor's obligation to ensure that the Restricted Homes are conveyed only to Eligible Buyers at no more than the Affordable Purchase Price); (ii) all additional present and future obligations of Trustor to Beneficiary under any other agreement or instrument acknowledged by Trustor (whether existing now or in the future) which states that it is or such obligations are, secured by this Deed of Trust; (iii) all modifications, supplements, amendments, renewals, and extensions of any of the foregoing, whether evidenced by new or additional documents; and (iv) reimbursement of all amounts advanced by or on behalf of Beneficiary to protect Beneficiary's interests under this Deed of Trust. 3. Assignment of Rents, Issues, and Profits. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to Beneficiary the rents, royalties, issues, profits, revenue, income and proceeds of the Property. This is an absolute assignment and not an assignment for security only. Beneficiary hereby confers upon Trustor a license to collect and retain such rents, royalties, issues, profits, revenue, income and proceeds as they become due and payable prior to any Event of Default hereunder. Upon the occurrence of any such Event of Default, Beneficiary may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such order as Beneficiary may determine. Beneficiary's right to the rents, royalties, issues, profits, revenue, income and proceeds of the Property does not depend upon whether or not Beneficiary takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If an Event of Default occurs while Beneficiary is in possession of all or part of the Property and/or is collecting and applying Rents as permitted under this Deed of Trust, Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not Beneficiary, in person or by agent, takes actual possession of the Land and Improvements, Beneficiary shall not be deemed to be a "mortgagee in possession," shall not be responsible for performing any obligation of the lessor under any Lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of Beneficiary, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property. 4. Fixture Filing. This Deed of Trust is intended to be and constitutes a fixture filing pursuant to the provisions of the UCC with respect to all of the Property constituting fixtures, is being recorded as a fixture financing statement and filing under the UCC, and covers property, goods and equipment which are or are to become fixtures related to the Land and the Improvements. Trustor covenants and agrees that this Deed of Trust is to be filed in the real estate records of Sonoma County and shall also operate from the date of such filing as a fixture filing in accordance with Section 9502 and other applicable provisions of the UCC. This Deed of Trust shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to the UCC, as amended. Trustor shall be deemed to be the "debtor" and Beneficiary shall be deemed to be the "secured party" for all purposes under the UCC. The full name of Trustor and the mailing address of Trustor are set forth in Section 10.2 of this Deed of Trust. 5. Trustor's Rearesentations. Warranties and Covenants. 5.1 Trustor's Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security, that other than this Deed of Trust, the Security is encumbered only by the Affordable Housing Agreement and such other instruments as Trustor has disclosed to Beneficiary in writing. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions of record as of the date hereof. 5.2 Affordable Housing Agreement. Trustor will observe and perform all of Trustor's covenants and agreements set forth in the Affordable Housing Agreement. 5.3 Senior Loans. Trustor will observe and perform all of the covenants and agreements of any loan documents evidencing or securing loans secured by the Property and any other instruments that are senior in priority to this Deed of Trust. 5.4 Charges; Liens. Trustor will pay prior to delinquency, all taxes, assessments and other charges, fines and impositions affecting the Security directly to the payee thereof. Upon request by the City, Trustor will promptly furnish to the City all notices of such amounts due. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest in it, whether or not such lien, charge or encumbrance is 4 or would be senior or subordinate to this Deed of Trust. Trustor shall not be required to pay any tax, levy, charge or assessment so long as its validity is being actively contested in good faith and by appropriate actions and/or proceedings which will operate to prevent the enforcement of the lien or forfeiture of the Security or any part thereof. 5.5 Hazard Insurance. (a) Trustor will keep the Security insured by a standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by appraisal, if requested by the City). If the Security is located in a flood plain, Trustor shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent Trustor from becoming a co-insurer under the terms of the policy. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Trustor subject to approval by the City. All insurance policies and renewals thereof will be in a form acceptable to the City, and will include a standard mortgagee clause with standard lender's endorsement in favor of City as its interests may appear and in a form acceptable to the City. The City shall have the right to hold, or cause its designated agent to hold, the policies and renewals thereof, and Trustor shall promptly furnish to the City, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor will give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The City shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the City in writing, insurance proceeds, subject to the rights of any senior lienholder, will be applied to restoration or repair of the Security damaged. If permitted by City, and subject to the rights of any senior lienholder, the insurance proceeds shall be used to repay any amounts due under the Affordable Housing Agreement, with the excess, if any, paid to Trustor. If the Security is abandoned by Trustor, or if Trustor fails to respond to the City, or its designated agent, within thirty (30) days from the date notice is mailed by either of them to Trustor that the insurance carrier offers to settle a claim for insurance benefits, the City, or its designated agent, is authorized to collect and apply the insurance proceeds at the City's option either to restoration or repair of the Security or to pay amounts due under the Affordable Housing Agreement. Notwithstanding anything to the contrary set forth herein, during such time that Trustor is not the owner in fee of the Improvements, Trustor may satisfy the requirements of this Section by ensuring that Beneficiary is named as additional insured/loss payee as Beneficiary's interests may appear under the policies of insurance Trustor requires the fee owner(s) of such Improvements to maintain. If the Security is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of any senior lienholder. (b) During the course of any construction on the Property, Trustor shall hire only licensed contractors who maintain the following forms of insurance: (i) Liability Insurance. Comprehensive general liability insurance against liability for bodily injury to or death of any person or property damage arising out of an occurrence on or about the Property. The limits of such insurance shall be not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage. (ii) Workers' Compensation Insurance. Workers' compensation insurance covering all persons employed in connection with any work on the Property. 5.6 Preservation and Maintenance of Security. Trustor will keep the Security in good repair and in a neat, clean, and orderly condition and will not commit waste or permit impairment or deterioration of the Security. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a City notice of such a condition, then in addition to any other rights available to the City, the City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Security to recover its cost of curing. 5.7 Protection of the City's Security. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust or if any action or proceeding is commenced which materially affects the City's interest in the Security, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the City, at the City's option, without releasing Trustor from any obligation hereunder, may make such appearances, disburse such sums and take such action as it determines necessary to protect the City's interest, including but not limited to, disbursement of reasonable attorneys' fees and entry upon the Security to make repairs. Any amounts disbursed by the City pursuant to this paragraph, with interest thereon, 0 will become an indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amount will be payable upon notice from the City to Trustor requesting payment thereof, and will bear interest from the date of disbursement at the lesser of (i) ten percent (10%); or (ii) the highest rate permissible under applicable law. Nothing contained in this paragraph will require the City to incur any expense or take any action hereunder. 5.8 Inspection. The City may make or cause to be made reasonable entries upon and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection. 5.9 Hazardous Substances. Trustor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances in, on, under, about, or from the Property. Trustor shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property when used and disposed of in accordance with Environmental Law. "Hazardous Substances" means any substance defined as toxic or as a hazardous substance or hazardous waste, or regulated under any Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. "Environmental Law" means all federal, state or local statutes, ordinances, regulations, orders, decrees and judgments that relate to health, safety or environmental protection including without limitation the regulation of the use, disposal, manufacture, or release of Hazardous Substances. Trustor shall promptly give City written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Trustor has actual knowledge. If Trustor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Trustor shall promptly take all necessary remedial actions in accordance with Environmental Law. 6. Nonliability for Negligence, Loss, or Damage; No Joint Venture. Trustor acknowledges, understands and agrees that City does not undertake or assume any responsibility for or duty to Trustor to select, review, inspect, supervise, pass judgment on, or inform Trustor of the quality, adequacy or suitability of the 7 Security or any other matter. The City owes no duty of care to protect Trustor against negligent, faulty, inadequate or defective building or construction or any condition of the Security, and Trustor agrees that neither Trustor, nor Trustor's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Security, and Trustor will hold City harmless from any liability, loss or damage for these things. Nothing contained herein or in the Affordable Housing Agreement shall be deemed to create or construed to create a partnership, joint venture or any relationship other than that of a borrower and lender. 7. Indemnity. Trustor agrees to defend, indemnify, and hold the City of Rohnert Park and its elected and appointed officials, officers, employees, and agents ("Indemnitees") harmless from and against all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys' fees that the Indemnitees may incur as a direct or indirect consequence of Trustor's failure to perform any obligations as and when required by the Affordable Housing Agreement and this Deed of Trust. 8. Acceleration; Remedies. Upon Trustor's breach of any covenant or agreement of Trustor in the Affordable Housing Agreement or this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the City, prior to the exercise of its remedies hereunder, will mail by express delivery with delivery receipt, notice to Trustor specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is received by Trustor as shown on the return receipt, by which such breach is to be cured; and (4) if the breach is curable, that failure to cure such breach on or before the date specified in the notice may result in City's exercise of remedies and the sale of the Security. The notice will also inform Trustor of Trustor's right to reinstate and the right to bring a court action to assert the nonexistence of default or any other defense of Trustor to the exercise of such remedies. If the breach is not cured on or before the date specified in the notice, the City, at the City's option, may: (a) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by California law; (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code Sections 2924 et sec.., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' fees. 9. Trustor's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust or City's pursuit of other remedies hereunder, Trustor will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust if there were no acceleration under this Deed of Trust or the Affordable Housing Agreement; (b) Trustor cures all breaches of any other covenants or agreements of Trustor contained in the Affordable Housing Agreement or this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in the Affordable Housing Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Trustor's obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred. 10. Reconveyance. Upon the expiration or termination of the Affordable Housing Agreement if the Trustor is not in violation of any provisions of this Deed of Trust or the Affordable Housing Agreement, the City will request Trustee to reconvey the Security and will surrender this Deed of Trust and the Affordable 0 Housing Agreement to Trustee. Trustee will reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any. 11. Substitute Trustee. The City, at the City's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 12. Subordination. City agrees that if required in order to assist Eligible Buyers to secure purchase money financing for the acquisition of a Home, the City will enter into a subordination agreement with a purchase money lender to subordinate this Deed of Trust under such terms as the City and the purchase money lender shall negotiate provided that City is granted reasonable notice and cure rights under the first mortgage. The City further agrees that if City succeeds to the interest of Trustor under any ground lease applicable to any one or more home constructed on the Property pursuant to the exercise of City's remedies under the Affordable Housing Agreement or this Deed of Trust, the City agrees that it shall recognize the Lessee under such ground lease and shall comply with the requirements of Fannie Mae Form 2100 (3/06) and Fannie Mae Announcement 06-03 or similar successor policy, as such documents may be modified or amended. 13. Request for Notice. City requests that copies of the notice of default and notice of sale be sent to City at the address set forth in Section 15.5. 14. Miscellaneous. 14.1 Forbearance by the City Not a Waiver. Any forbearance by the City in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by the City will not be a waiver of the City's right to require satisfaction of any obligations secured by this Deed of Trust. 14.2 Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. 14.3 Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and Trustor subject to the provisions of this Deed of Trust. I1 14.4 Joint and Several Liability. If this Deed of Trust is executed by more than one person as Trustor, the obligations of each shall be joint and several. 14.5 Notices. Except for any notice required under applicable law to be given in another manner, any notice to Trustor or to City pursuant to this Deed of Trust will be given by certified mail, return receipt requested, express delivery with delivery receipt or personal delivery with delivery receipt, addressed to the applicable party at the address shown below, or such other address as such party may designate by notice to the other party as provided herein. Notice shall be effective as of the date received by City as shown on the return receipt. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager Trustor: Housing Land Trust of Sonoma County P.O. Box 5431 Petaluma, CA 94955-5431 Attn: Executive Director Trustee: Title Company Address AddressCA Attn: 14.6 Governing Law. This Deed of Trust shall be governed by the laws of the State of California. 14.7 Severability. In the event that any provision or clause of this Deed of Trust or the Affordable Housing Agreement conflicts with applicable law, such conflict will not affect other provisions of this Deed of Trust or the Affordable Housing Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Affordable Housing Agreement are declared to be severable. 14.8 Captions. The captions and headings in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14.9 Nondiscrimination. Trustor covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Trustor or any person claiming under or through Trustor establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run with the land. (SIGNATURE ON FOLLOWING PAGE; SIGNATURE MUST BE NOTARIZED.1 12 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above. TRUSTOR: HOUSING LAND TRUST OF SONOMA COUNTY A nonprofit public benefit corporation Its: 13 Resolution Exhibit C ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SONOMA On 20_, before me, a Notary Public, in and for said State and County, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public EXHIBIT A LEGAL DESCRIPTION Real property in the City of , County of Sonoma, State of California, described as follows: Lots , and _ as shown upon the map entitled " ", filed 200 in Book of Maps Pages Sonoma County Records. APN: 2352879.1 Resolution Exhibit D Recording requested by and when recorded mail to: CITY OF Address Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6U103, 27383 Space above this line for Recorder's use. AFFORDABLE HOUSING AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS WITH OPTION TO PURCHASE ("REGULATORY AGREEMENT") This Affordable Housing Agreement and Declaration of Restrictive Covenants with Option to Purchase (this "Agreement") is entered into effective as of , 201_ ("Effective Date") by and between the City of Rohnert Park, a California municipal corporation ("City") and the Housing Land Trust of Sonoma County, a California nonprofit public benefit corporation ("HLT"). City and HLT are hereafter referred to as the "Parties." RECITALS A. Pursuant to Municipal Code Section 17.07.020(N)(2) (the "Code"), residential developments of or more units are required to contribute to the provision of below market -rate housing as specified therein. In order to satisfy its obligation under the Code with respect to that certain development known as the Southeast Estates Subdivision, consisting of 105 total lots including 101 market rate single family residential lots (the "Development") in the City of Rohnert Park County of Sonoma, and State of California, Redwood Equities LLC, a California Corporation ("Subdivider"), has agreed to contribute the property known as Lots and —in the Development, for the construction of four (4) residential units to be restricted for occupancy to certain income levels (the "Restricted Homes" or the "Project"), as set forth herein, and as more particularly described in Exhibit A attached hereto (the "Property"). B. As of the Effective Date, the Property has been conveyed to the City by Subdivider, and the Property has been or shall be conveyed to HLT by the City pursuant to a Grant Deed recorded in the Official Records of Sonoma County ("Official Records") substantially concurrently herewith. Resolution Exhibit D C. HLT has entered into, or shall enter into an agreement with Subdivider, pursuant to which Subdivider will construct the Restricted Homes as part of the larger Development, and sell the Restricted Homes constructed on the Property to eligible homebuyers at an affordable price. Concurrently with the sale of each of the Restricted Homes, HLT will enter into a ground lease ("Ground Lease") with each homebuyer in order to ensure long-term affordability of the Restricted Homes. D. This Agreement is entered into to provide assurance to City that the Restricted Homes shall comply with the requirements of the Code and the conditions of approval for the Southeast Estates Subdivision. NOW, THEREFORE, the Parties agree as follows: 1. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below. Additional terms are defined in the Recitals and the text of this Agreement. (a) "Affordable Purchase Price" means a home purchase price resulting in an average monthly housing payment (including mortgage loan principal and interest, mortgage insurance fees, property taxes and assessments, a reasonable allowance for property maintenance and repairs, homeowners insurance premiums, a reasonable utility allowance, and homeowners association dues, if any) which is affordable to households of Low to Moderate -Income, as determined using standard underwriting criteria in common use by Fannie Mae or the California Housing Finance Agency. (b) "Area Median Income" means the median household income, adjusted for household size, applicable to Sonoma County, California as published periodically by the State Department of Housing and Community Development in the California Code of Regulations, Title 25, Section 6932 pursuant to California Health and Safety Code Section 50093(c) (or successor provision). (c) "Eligible Buyer" means a household of Low- to Moderate— Income, as applicable, which the City has determined meets the eligibility requirements for purchase of a Restricted Home. (d) "Deed of Trust" means the deed of trust, dated as of the date hereof, executed by HLT as Trustor for the benefit of City which secures HLT's performance under this Agreement, and which will be recorded in the Official Records substantially concurrently herewith. (e) "Low -Income" means an annual income which does not exceed eighty percent (80%) of the Area Median Income adjusted for household size. Resolution Exhibit D (f) "Median -Income" means an annual income which does not exceed one hundred percent (100%) of the Area Median Income, adjusted for household size. (g) "Moderate -Income" means an annual income which does not exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for household size. (h) "Maximum Initial Sales Price" means the initial Affordable Purchase Price for a Home as determined by City. 2. Satisfaction of Affordable Housing Obligation. HLT agrees that it shall enter into a Construction and Resale Agreement with Subdivider pursuant to which Subdivider will construct four (4) Restricted Homes on the Property and sell two (2) Restricted Homes at an Affordable Purchase Price to an Eligible Buyer of Median -Income and two (2) Restricted Homes at an Affordable Purchase Price to an Eligible Buyer of Moderate -Income, in accordance with income categories specified in Exhibit B. Concurrently with the sale of each Restricted Home, HLT shall require the homebuyer to execute a Ground Lease substantially in the form attached hereto as Exhibit C. Among other provisions, the Ground Lease will require each Restricted Home (i) to be used solely for residential purposes (ii) to be occupied as the homebuyer's principal residence, and (iii) to be permitted to be transferred only to HLT, another Eligible Buyer, or upon the death of the homebuyer, to the homebuyer's heirs who qualify as Low - Income, Median -Income or Moderate -Income, as applicable. HLT agrees that the intent of this Agreement and the Ground Lease is that the Restricted Homes shall be permanently affordable to Eligible Buyers of Low -Income to Moderate - Income, as applicable, and HLT agrees that resale of the Restricted Homes shall be so restricted pursuant to the Ground Lease. 3. Marketing and Sale to Eligible Buyers. HLT shall require Subdivider to sell the Restricted Homes developed on the Property at an Affordable Purchase Price as described in Section 4 to Eligible Buyers of Low -Income, Median - Income or Moderate -Income, as applicable, and in accordance with Exhibit B. Within the pool of eligible applicants, preference is to be given to persons that have either live in and have been City residents for the past 3 continuous years; or who have been employed in for the past 3 years. City shall cooperate with HLT to identify Eligible Buyers; however, HLT will have primary responsibility for marketing the Restricted Homes, finding qualified Eligible Buyers, and screening and selecting applicants. City shall have no obligation to pay costs related to marketing, sales efforts or real estate commissions. HLT agrees that it shall comply, and shall require Subdivider to comply, with applicable fair housing laws in the marketing and sale, as applicable, of the Restricted Homes. Resolution Exhibit D 4. Affordable Purchase Price. The Maximum Initial Sales Price for the Homes is shown in Exhibit B attached hereto and incorporated herein. 5. City Review of Documents. Upon request, HLT agrees that it shall provide the following to City: (a) the form of Purchase and Sale Agreement to be used for sale of the Restricted Homes, and (b) the form of Ground Lease to be executed by the homebuyers. 6. Compliance Reports, Inspections, Monitoring. Upon completion of construction of the Restricted Homes, and annually thereafter by no later than each anniversary of the Effective Date, upon City's request HLT shall submit to City a Compliance Report verifying HLT's compliance with this Agreement, and certified as correct by HLT under penalty of perjury. The Compliance Report shall be in such format as City may reasonably request and shall contain certifications regarding the eligibility of homebuyers and evidence of the homebuyer's and HLT's execution of the Ground Lease. HLT shall retain all records related to compliance with this Agreement, and shall make such records available to City or its designee for inspection and copying on five (5) business days' written notice. HLT shall permit City and its designees to inspect the Property to monitor compliance with this Agreement following two (2) business days' written notice. 7. Covenants Run with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, HLT and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Property and shall run with and burden such portions of the Property. This Agreement shall remain in effect in perpetuity unless released by City pursuant to an instrument recorded in the Official Records. 8. Default and Remedies. Failure of HLT to cure any default in HLT's obligations under this Agreement within thirty (30) days after the delivery of a notice of default from the City will constitute an Event of Default under this Agreement. In addition to remedies set forth in this Agreement, the City may exercise any and all remedies available under law or in equity, including but not limited to the exercise of City's remedies under the Deed of Trust, and the exercise of City's Option (as described in Section 10 below), instituting against HLT or other applicable parties, a civil action for declaratory relief, injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation. 9. Option to Purchase, Enter and Possess. City shall have the right at its option to purchase, enter and take possession of the Property or any portion thereof owned by HLT with all improvements thereon (the "Option"), if, at or Resolution Exhibit D after the initial sale of the Restricted Homes to Eligible Buyers, the Restricted Homes are sold to persons who do not qualify as Eligible Buyers. In such event City shall have an option to purchase any such Restricted Homes at the Affordable Purchase Price as determined pursuant to this Agreement, or the City may pursue any remedies it may have under this Agreement, the Deed of Trust or under law or in equity. To exercise the Option, City shall pay to HLT cash in an amount equal to: (i) The fair market value of the Property at the time of exercise of the Option; less (ii) Any gains or income withdrawn or made by HLT from the applicable portion of the Property ; less (iii) The value of any liens or encumbrances on the applicable portion of the Property which the City assumes or takes subject to; less (iv) Any damages to which the City is entitled under this Agreement by reason of HLT's default. In order to exercise the Option, the City shall give HLT notice of such exercise, and HLT shall, within thirty (30) days after receipt of such notice, provide the City with a summary of all of HLT's costs incurred as described in this Section. Within thirty (30) days of the City's receipt of such summary, the City shall pay into an escrow established for such purpose cash in the amount of all sums owing pursuant to this Section 10, and HLT shall execute and deposit into such escrow a grant deed transferring to the City all of HLT's interest in the Property, or portion thereof, as applicable and the improvements located thereon. If by , 201_, some but not all of the Restricted Homes have been constructed and sold to Eligible Buyers, the City's Option shall not apply to any of the Restricted Homes that have been sold in compliance with the requirements of this Agreement. 10. Mortgagee Protection. The City's rights pursuant to Section 9 shall not defeat, limit or render invalid any mortgage or deed of trust recorded against the Property or any portion thereof, including without limitation, any Restricted Home. Any conveyance of the Property to the City pursuant to Section 9 shall be subject to mortgages and deeds of trust permitted by this Agreement. 11. Remedies Cumulative. No right, power, or remedy specified in this Agreement is intended to be exclusive of any other right, power, or remedy, and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy available to the City under law or in equity. Neither the failure nor any delay on the part of the City to exercise any such rights, powers or remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right, power or remedy preclude any Resolution Exhibit D other or further exercise of such right, power or remedy, or any other right, power or remedy. 12. Attorneys' Fees and Costs. The City shall be entitled to receive from HLT or any person violating the requirements of this Agreement, in addition to any remedy otherwise available under this Agreement or at law or equity, whether or not litigation is instituted, the costs of enforcing this Agreement, including without limitation reasonable attorneys' fees and the costs of City staff time. In any dispute arising in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 13. Appointment of Other Agencies. In its sole discretion, the City may designate, appoint or contract with any other person, public agency or public or private entity to perform some or all of the City's obligations under this Agreement. 14. Hold Harmless. HLT agrees to indemnify, defend (with counsel approved by the City) and hold harmless City and its elected and appointed officials, officers, employees, representatives and agents (all of the foregoing, collectively the "Indemnitees") from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) (all of the foregoing, collectively hereinafter "Claims") arising or allegedly arising out of or relating in any manner to the Project, the Property, or HLT's performance or nonperformance under this Agreement, except to the extent arising from the gross negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or other termination of this Agreement or any release of part or all of the Property from the burdens of this Agreement. 15. Insurance Requirements. HLT shall obtain and maintain at HLT's expense, Commercial General Liability, naming Indemnitees as additional insureds with aggregate limits of not less than Two Million Dollars ($2,000,000) for bodily injury and death or property damage including coverage for contractual liability and premises operations, purchased from an insurance company duly licensed to issue such insurance in the State of California with a current Best's Key Rating of not less than A-V, such insurance shall be evidenced by an endorsement which so provides and delivered to the City prior to the Effective Date. 16. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: City: HLT: Resolution Exhibit D City of ADDRESS , CA 95448 Attn: City Clerk Housing Land Trust of Sonoma County P.O. Box 5431 Petaluma, CA 94955-5431 Attn: Executive Director Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 17. Integrated Agreement; Amendments. This Agreement, together with the exhibits hereto, the Performance Deed of Trust and exhibits thereto, and that certain August 2014 Letter of Understanding executed by and among City, HLT and other parties constitutes the entire Agreement between the Parties with respect to the subject matter hereof. No modification of or amendment to this Agreement shall be binding unless reduced to writing and signed by the Parties. The City Manager or his or her designee shall have authority to approve or disapprove minor or technical amendments to this Agreement on behalf of the City. 18. Subordination; Execution of Riders for the Benefit of Mortgage Lenders. City agrees that if required in order to assist Eligible Buyers to secure purchase money financing for the acquisition of a Home, the City will enter into a subordination agreement with a purchase money lender to subordinate this Agreement under such terms as the City and the purchase money lender shall negotiate provided that City is granted reasonable notice and cure rights under the first mortgage. The City further agrees that if City succeeds to the interest of HLT under the Ground Lease applicable to any one or more Restricted Homes pursuant to the exercise of City's remedies under this Agreement or the Deed of Trust, the City agrees that it shall recognize the Lessee under the Ground Lease and shall comply with the requirements of Fannie Mae Form 2100 (3/06) and Fannie Mae Announcement 06-03 or similar successor policy, as such documents may be modified or amended. 19. Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another. Resolution Exhibit D 20. Further Assurances; Action by the City. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council unless the City Manager determines in his or her discretion that such action requires such approval. 21. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. The Parties consent to the jurisdiction of any federal or state court in the jurisdiction in which the Property is located (the "Property Jurisdiction"). Borrower agrees that any controversy arising under or in relation to this Agreement shall be litigated exclusively in courts having jurisdiction in the Property Jurisdiction. Borrower irrevocably consents to service, jurisdiction, and venue of such courts for any such litigation and waives any other venue to which it might be entitled by virtue of domicile, habitual residence or otherwise. 22. No Waiver. Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of HLT or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to HLT to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by HLT shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers. 23. Headings. The titles of the sections and subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. 24. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. 25. Severability. If any provision contained in this Agreement is to be held by a court of competent jurisdiction to be void or unenforceable the remaining portions of this Agreement shall remain in full force and effect. 26. Exhibits. The following exhibits attached to this Agreement are hereby incorporated herein by reference: Resolution Exhibit D Exhibit A Legal Description of the Property Exhibit B Maximum Homebuyer Income Level; Unit Size and Bedroom Count; Maximum Initial Sales Price Exhibit C Form of Ground Lease (SIGNATURES ON FOLLOWING PAGE; SIGNATURES MUST BE NOTARIZED) Resolution Exhibit D IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. HLT: Housing Land Trust of Sonoma County, A nonprofit public benefit corporation Its: CITY: City of , a California municipal corporation ATTEST: , City Manager , City Clerk APPROVED AS TO FORM: 0 , City Attorney Resolution Exhibit D State of California County of Sonoma On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. seal) Notary Public State of California County of Sonoma On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Notary Public Resolution Exhibit D Fxhihit A LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of State of California, described as follows: Lots , I{ - APN: County of Sonoma, and , as shown upon the map entitled ", filed , 200_ in Book _ _ Sonoma County Records. of Maps Pages Resolution Exhibit D Exhihit B Unit Income Classification Lot Nos. Median and Moderate 53, 54. 55 and 56 Designation of Plans and Specifications for each Unit Lot No. Plans & Specifications Unit Square No. of Feet Bedrooms 53 SE Medium Density Conventional Duet 1412 3 Plan 5 54 SE Medium Density Conventional Duet 1214 2 Plan 4 55 SE Medium Density Conventional Duet 1214 2 Plan 4 56 SE Medium Density Conventional Duet 1412 3 Plan 5 Sales Price of Below Market Rate Units Two (2) Units ....................$300.000 Two (2) Units .....................$350.000. Resolution Exhibit D Exhibit C [Attach Form of Ground Lease] 2352544.1 Date: CITY COUNCIL SPEAKER CARD Name: :.�''`f 4� Agenda Item o; � U � Address: 'Plc: Brief summary of Comments: P r Reverse CITY COUNCIL SPEAKER CARD Date:'- 'S Agenda item #: 110 Name; e- - b�� IJr s Address;il"' Phone;" Topic: Brief Summary of COmmerlts: I See Re verse Willow Glen Subdivision Southeast Rohnert Park Affordable Housing Plan September 13, 2016 19 `ALIFORNli 62 .k 0 AL lw M. Affordable Housing Plan 14 Duets (28 Units) Phase i= i Low to Median Income if Owner Occupied ownership duets Very Low to Low Income if Rentals 8 Townhomes Low to Median Income if Owner Occupied Very Low to Low Income if Rentals 36 Apartments Very Low to Low Income (Oe7 N ERT f'nR L?vv� ,Cl//2j How the HLT Program Creates Affordable Housing City H LT & Developer ' Create Partnership • G rant Deed • Grant Deed • Performance Deed • Affordable Housing Agreement How the HLT Program Creates Affordable Housing HLT & m4 Developer Construct & Market Units • Construction Resale & Purchase Agreement RetainsH LT Ground Lease Underlying with Purchaser Land J • Developer Paid from Proceeds Specifics of the Transaction for the Two Duets • Units will be affordable to median and moderate income buyers 10 I % to 120% of Average Median Income Sales Prices in the range of $300,000 to $350,00 City and Developer will share cost of HLT's $7,500 fee Design of Duets Right Side - Craftsman Plan 4 Plan 5 Front - Craftsman Plan 4 © 2C08 W LLIAM H EIMAL HAI Right Side - Cottage Plan 4 Plan 5 Front - Cottage Plan 4 _,Questions & Discussion Willow Glen Subdivision Southeast Specific Plan Final Map September 13, 2016 19 `ALIFORNli 62 .k 0 AL lw M. Final Map Creates 105 Residential Lots including 4 Lots for Affordable Units 6 Parcels Willow Glen Park Water Tank Site Townhome Site Affordable Apartment Complex Site Commercial Site "Remainder" Parcel for future division RoMVEarrA�k g 62 �/LIFOI2�IN �LpyiNERT pAR,V ITEM NO. 11 .� 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: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving Southeast Rohnert Park Phase 1 Final Map and Accepting Subject to Improvement Offers of Dedication RECOMMENDED ACTION: Adopt a resolution approving Southeast Estates Subdivision Final Map Phase 1 and accepting subject to improvement offers of dedication for public right-of- way, public parks, public water tank, public utility easements, sidewalk easements and landscape maintenance easements BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement with Redwood Equities LLC, which has been assigned to Penn Grove Mountain LLC ("Developer") to facilitate the orderly development of the area known as the Southeast Specific Plan Area, which will ultimately include 475 residential units and a local retail commercial center (See Attachment 1). Over the course of the past year the Developer has been working to satisfy the Tentative Map Conditions and Development Agreement requirements. The Developer has begun construction of offsite improvements to support its project under an Improvement Agreement approved by the City Council. The Developer has applied for and received Planning Commission and City Council approval for the Development Area Plans that will guide the building and landscape standards for the development and has received Planning Commission approval for its model home complex. At this time the Developer is seeking approval of its first Final Map, which will create 105 residential lots and 6 parcels, and is making the property dedications, maintenance commitments and construction commitments necessary to fully satisfy its Conditions of Approval and Development Agreement requirements. The dedications include property for a public park and water tank to serve the development. ANALYSIS: The Developer has prepared a Final Map and submitted it to the City for review. The map has been checked for technical accuracy and conformance with the Tentative Map. The Map includes the required street right-of-way dedications, park land dedications and easement dedications in favor of the City. Pursuant to Municipal Code section 16.10.200, the Developer has also submitted (1) a certificate from the County Tax Collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the Clerk of the County Board of Supervisors security for taxes and assessments pursuant to Government Code section 66493. Pursuant to Municipal Code section 16.14.020(K)(3), the final map has been reviewed by the Parks and Recreation Commission and it has made its recommendations to the City Engineer regarding the Final Map (see Attachment 2). The Developer has also executed a Letter of Understanding with ITEM NO. I I the City and the Land Trust of Sonoma County to satisfy the requirements of its Affordable Housing Plan. At this point, the Developer has satisfied its Tentative Map conditions and is requesting approval of the Final Map in order to being construction of the subdivision. ENVIRONMENTAL ANALYSIS: The proposed land dedications and Final Map will allow for the development of 105 single family residences, a public water tank and a public park. a water tank. This development was included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated December 2005) for the Southeast Rohnert Park Specific Plan. Because the development was included in the Project Description, the analysis in the Draft EIR included an analysis of the development and its impacts. The description of the development was not substantially changed by the Final EIR (October 2010). Because the proposed improvements were included in the Project Description considered in the Southeast Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and biological impacts are included as part of the work. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D - Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The approval of the Final Map is an administrative action and not a discretionary action. The City is required to approve the Final Map once the required Conditions of Approval have been met. The City Engineer has determined that all required conditions and requirements have been met and recommends that the Final Maps be approved. FISCAL IMPACT/FUNDING SOURCE: In accordance with the City's General Plan policies, development within the Southeast Specific Plan Area has been designed to minimize impacts on both the General Fund and existing rate payers. This is accomplished in several ways. Infrastructure construction is funded by the developer at no cost to the City. In cases where the infrastructure is included in the City's Public Facilities Finance Plan, the Developer will receive credits against Public Facilities Fees for the infrastructure provided. 2. The Developer has consented to the formation of a Community Facilities District (CFD) to cover operations, maintenance and service costs and has created a Homeowner's Association that will assume the CFD's obligation to fund City activities should the CFD be dissolved. Department Head Approval Date: 08/22/2016 Finance Director Approval Date: NA City Attorney Approval Date: 09/01/2016 City Manager Approval Date: 09/06/2016 Attachments (list in packet assembly order): Attachment 1 — Location and Vicinity Map 2 ITEM NO. I I 2. Attachment 2 - Resolution of the Park and Recreation Commission of the City of Rohnert Park Making a Recommendation to the City Engineer Regarding Specific Improvements to Satisfy a Tentative Map Condition Related to Parkland Dedication within the Southeast Specific Plan Area 3. A Resolution of the City Council of the City of Rohnert Park Approving Southeast Estates Subdivision Final Map Phase 1 and Accepting Subject to Improvement Offers of Dedication for Public Right -of -Way, Public Parks, Public Water Tank, Public Utility Easements, Sidewalk Easements and Landscape Maintenance Easements 4. Resolution Exhibit A — Final Map PARKS AND RECREATION COMMISSION RESOLUTION NO. 2015-001 A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF ROHNERT PARK MAKING A RECOMMENDATION TO THE CITY ENGINEER REGARDING SPECIFIC IMPROVEMENTS PROPOSED TO SATISFY A TENTATIVE MAP CONDITION RELATED TO PARKLAND DEDICATION WITHIN THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA. WHEREAS, the applicant, University District LLC is seeking approval of a Final Map for its development known as Vast Oaks Phase 1; and WHERAS, the Vast Oaks Phase 1 development includes a proposed new City park known as the Twin Creeks Park; and WHEREAS, Section 16.14.020(x) (3) of the Rohnert Park Municipal Code requires that prior to the approval of a Final Map, the Parks and Recreation Commission shall make a recommendation to the City Engineer regarding the following items: • The City's need for the specific improvements proposed; The compatibility of the specific improvements proposed with existing City improvements; and • Conformance with any applicable parks and recreation commission standards WHEREAS, the Parks and Recreation Commission and its staff have reviewed the plans for the proposed Twin Creeks Park. NOW THEREFORE BE IT RESOLVED that the Parks and Recreation Commission does hereby recommend to the City Engineer that: • The City needs additional park and recreation improvements to serve the residents of the proposed Vast Oaks Phase 1 development. The Parks and Recreation Commission recommends accepting the land and in lieu fees as proposed for Twin Creeks Park; • The improvements proposed for Twin Creeks Park are reasonably compatible with existing City improvements, however they do not offer any new recreational elements for the community as recommended by the Parks and Recreation Commission and the Parks and Recreation Master Plan; and • The improvements proposed for Twin Creeks Park do not conform with the standards and requests of the Parks and Recreation Commission and goals identified in the Parks and Recreation Master Plan for incorporating new features and amenities to increase the variety of park types and changing community needs and preferences. Therefore, reconsideration of specific amenities within the park is recommended. BE IT FURTHER RESOLVED that the Parks and Recreation Commission of the City of Rohnert Park does hereby recommend that in evaluating future parks associated with new developments and subdivisions, that the City Engineer consider the recommendations of the City's Parks and Recreation Master Plan with respect to the types and variety of park improvements included with new development. DULY AND REGULARLY ADOPTED this 4th day of November, 2015 by the following vote: AYES: NOES: ABSENT: / ABSTAIN: BIRD cA BLACK JAI r�,[ CANTERBURY � BORR,46sen4GRIFFIN -r Michael Bird, Chairperson City of Rohner Park Parks and Recreation Commission RESOLUTION NO. 2016-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING SOUTHEAST ESTATES SUBDIVION FINAL MAP PHASE 1 AND ACCEPTING SUBJECT TO IMPROVEMENT OFFERS OF DEDICATION FOR PUBLIC RIGHT-OF-WAY, PUBLIC PARKS, PUBLIC WATER TANK, PUBLIC UTILITY EASEMENTS, SIDEWALK EASEMENTS AND LANDSCAPE MAINTENANCE EASEMENTS WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-166 the Tentative Map for the Southeast Specific Plan Area prepared by Civil Design Consultants (the "Tentative Map"), subject to certain conditions of approval ("Conditions"); WHEREAS, on December 7, 2010, the City Council of the City of Rohnert Park adopted Ordinance No. 832, approving a Development Agreement ("Development Agreement") between the City of Rohnert Park and Redwood Equities LLC; WHEREAS, on December 9, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 882, approving an amendment to the Development Agreement ("Development Agreement") between the City of Rohnert Park and the Redwood Equities LLC; WHEREAS, in accordance with Development Agreement, Redwood Equities LLC has assigned the Development Agreement to Penn Grove Mountain LLC ("Developer") an entity under common control with Redwood Equities LLC; WHEREAS, the Developer has submitted the Final Map for the Southeast East Estates Subdivision Phase 1 ("Map"), consisting of 105 single-family residential lots and six parcels, for filing; WHEREAS, the Map has been reviewed by the City Engineer and City Surveyor and has been determined to be technically accurate and in conformance with the California Subdivision Map Act, the City's Municipal Code requirements set forth in Title 16 and the Tentative Map and Conditions; WHEREAS, the Developer has complied with all Conditions required to be completed prior to filing the final maps; WHEREAS, pursuant to Municipal Code section 16.10.200, the Developer has submitted (1) a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code section 66492, and (2) verification that it has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code section 66493; WHEREAS, the Developer has submitted all required security in connection with approved subdivision improvement agreements; WHEREAS, the Developer has submitted all required certificates and submittals and paid all required fees, the City Engineer has presented the Final Map to the City Council pursuant to Municipal Code section 16.10.190; WHEREAS, the Map includes the following offers of dedication: 1) Public Right -of -Way (Wisdom Lane, Waterside Lane, Winterberry Lane, Wildflower Way, Wall Street, Watson Drive, Warmstone Way, Wildrose Way, Wyatt Way and additional right-of-way along Bodway Parkway and Valley House Drive); 2) Parcel A — Willow Glen Park 3) Parcel B — Southeast Water Tank 4) Public Utility Easements 5) Sidewalk Easements 6) Landscape and Maintenance Easements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that: 1. The City Council hereby finds as follows with the respect to the Tentative and Final Maps: a. The Final Map is determined to be consistent with the City's Municipal Code and the Subdivision Map Act. b. The Final Map is in substantial conformance with the Tentative Map and all Conditions required to be completed prior to filing the final maps have been met. 2. The Final Map for the Southeast Estates Subdivision Phase 1, which is attached hereto and incorporated by this reference as Exhibit A, is hereby approved and the City Council accepts, subject to improvement, the Offers of Dedication for Public Right -of -Way, Public Parks, Public Water Tank, Public Utility Easements, Sidewalk Easements and Landscape and Maintenance Easements as shown on the Map. 3. The City Manager is hereby authorized to take any and all further actions to effectuate the recordation of the Map in compliance with the Conditions. DULY AND REGULARLY ADOPTED this 13th day of September, 2016. ATTEST: City Clerk CITY OF ROHNERT PARK Gina Belforte, Mayor Attachment: Exhibit A AIIANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (2) 2016-95 E OWNERS' STATEMENT SURVEYOR'S STATEMENT COUNTY CLERK'S CERTIFICATE THE UNDERSIGNED, BEING A PARTY HAVING A RECORD TITLE INTEREST IN THE LANDS DELINEATED AND EMBRACED WITHIN THE BORDER LINES UPON THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THE SAME. WE ALSO HEREBY OFFER FOR DEDICATION TO THE CITY OF ROHNERT PARK IN FEE, FOR PUBLIC USE, THOSE PORTIONS OF SAID LAND DESIGNATED ON SAID MAP AS PUBLIC RIGHT—OF—WAY DEDICATIONS ALONG BODWAY PARKWAY, VALLEY HOUSE DRIVE, WISDOM LANE, WATERSIDE LANE, WINTERBERRY LANE, WILDFLOWER WAY, WALL STREET, WATSON DRIVE, WARMSTONE WAY, WILDROSE WAY, AND WYATT WAY. THE AREA DESIGNATED AS "PARCEL A" AND "PARCEL B" IS HEREBY DEDICATED IN FEE FOR PUBLIC PURPOSES TO THE CITY OF ROHNERT PARK OR IT'S DESIGNEE. THE AREAS DESIGNATED AS "PUBLIC UTILITY EASEMENT" OR "PUE" ARE HEREBY DEDICATED AS AN EASEMENT TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR UNDERGROUND ELECTRIC, GAS, CABLE TELEVISION AND TELEPHONE USE AND ANY ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS, AND MAINTENANCE EASEMENT OF THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS SAID PUE AND/OR PUBLIC RIGHT—OF—WAY ARE HEREBY DEDICATED TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR FIBER OPTIC, STREET LIGHT, SANITARY SEWER, STORM DRAIN, AND WATER USE AND ANY ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING THE CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENT OF THERE PUBLIC IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS "SIDEWALK EASEMENTS" OR "SWE" ARE HEREBY DEDICATED AS AN EASEMENT TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR SIDEWALK AND ANY AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE OF THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS "LANDSCAPE & MAINTENANCE" OR "LME" ARE HEREBY DEDICATED AS AN EASEMENT TO THE CITY OF ROHNERT PARK OR ITS DESIGNEE FOR LANDSCAPING, SIGNS, SOUNDWALLS, FENCELINES AND RETAINING WALLS AND ALL IMPROVEMENTS AND APPURTENANCES INSTALLED, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE OF THESE IMPROVEMENTS AND APPURTENANCES. THE AREAS DESIGNATED AS "PRIVATE DRAINAGE EASEMENT" or "PDE" AND "BENEFIT USE EASEMENT" or "BUE" ARE HEREBY DEDICATED AS AN EASEMENT FOR PRIVATE USE IN FAVOR OF THE PARCELS SHOWN ON THIS MAP. THE AREAS DESIGNATED AS "MAILBOX EASEMENT" OR "MBE" ARE HEREBY DEDICATED AS AN EASEMENT FOR PRIVATE USE IN FAVOR OF THE HOME OWNERS ASSOCIATION CREATED FOR THE SOUTHEAST ESTATES SUBDIVISION. THE MAP SHOWS ALL THE EASEMENTS ON THE PREMISES, OR OF RECORD WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP AS SHOWN ON THE PRELIMINARY TITLE REPORT NUMBER 01180-98844, DATED APRIL 10, 2014 PREPARED BY STEWART TITLE OF CALIFORNIA. THE UNDERSIGNED FURTHER RELINQUISHES TO THE CITY OF ROHNERT PARK ALL INTEREST IN SUB—SURFACE WATER RIGHTS BELOW 300 FEET THAT THEY MAY HAVE. PENN GROVE MOUNTAIN, LLC BEN VANZUTPHEN, MANAGER OWNER'S ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF SONOMA ON BEFORE ME, , PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC MY COMMISSION EXPIRES: TITLE COMPANY — STEWART TITLE OF CALIFORNIA THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF REDWOOD EQUITIES INVESTMENTS, LLC, IN APRIL, 2014. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND WILL OCCUPY THE POSITIONS SHOWN WITHIN ONE YEAR FROM THE DATE OF FILING OF THIS MAP AND THAT SAID MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. SIGNED: JAMES M. DICKEY P.L.S. 7935 EXP: 12/31/17 CITY ENGINEER'S CERTIFICATE LAND M. S(i J 7� Exp. 12-31-2017 S� No. 7935 �P OF_ CAL�F0 I, MARY GRACE PAWSON, CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP ENTITLED "SOUTHEAST ESTATES SUBDIVISION", THAT SAID FINAL MAP IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY OF ROHNERT PARK SUBDIVISION COMMITTEE ON —___BY RESOLUTION NUMBER 2009-20 AND THAT ALL OF THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. �® I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF THE SUBDIVISION MAP ACT TO SECURE THE PAYMENT OF TAXES AND ASSESSMENTS HAVE BEEN FILED WITH AND APPROVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, NAMELY, BOND(S) UNDER GOVERNMENT CODE SECTIONS 66493(A) AND 66493(C) IN SUMS OF $ AND $ RESPECTIVELY. IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY OF 201 CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SONOMA, STATE OF CALIFORNIA COUNTY TAX COLLECTOR'S CERTIFICATE ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE IS $ . THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL, EXCEPT SPECIAL ASSESSMENTS FOR BONDS PAYABLE IN FULL FOR WHICH I ESTIMATE THAT THE AMOUNT REQUIRED FOR FULL PAYMENT IS $ Q�nVESSID,yq� SIGNED: �0 r,\tACE ,oq� DATED: TAX COLLECTOR MARY GRACE PAWSON, R.C.E. 44573�� COUNTY OF SONOMA, STATE OF CALIFORNIA EXP: 03/31/18 CITY ENGINEER, CITY OF ROHNERT PARK No. 44573 COUNTY RECORDER'S CERTIFICATE DATED: \OF CAS CITY SURVEYOR'S STATEMENT I, CYRUS KIANPOUR, HEREBY STATE THAT THE MAP OF THIS SUBDIVISION WAS EXAMINED BY ME OR UNDER MY DIRECTION ON BEHALF OF THE CITY OF ROHNERT PARK AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. LAND SIGNED: K A ��S N'�oG`�� CYRUS KIANPOUR, P.L.S. 7515 EXP: 12/31/17 No. 7515 ACTING CITY SURVEYOR, CITY OF ROHNERT PARK DATED: CITY CLERK'S CERTIFICATE q ��COI� �Q I, JOANNE M. BUERGLER, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP ENTITLED "SOUTHEAST ESTATES SUBDIVISION", WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS PROVIDED BY LAW AT A REGULAR MEETING THEREOF HELD ON THE DAY OF 20 AND THAT SAID CITY COUNCIL DID THEREUPON APPROVE SAID MAP AND ACCEPT ON BEHALF OF THE PUBLIC ALL PARCELS OF LAND AS OFFERED FOR DEDICATION, ABUTTER'S RIGHTS OF ACCESS, AND SUBSURFACE WATER RIGHTS, SUBJECT TO THE ACCEPTANCE OF IMPROVEMENTS IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR PUBLIC USE IN CONFORMITY WITH TERMS OF THE OFFER OF DEDICATION, AND DO ACCEPT, SUBJECT TO THE ACCEPTANCE OF IMPROVEMENTS, THE PUBLIC RIGHT—OF—WAY DEDICATIONS ALONG BODWAY PARKWAY, VALLEY HOUSE DRIVE, WISDOM LANE, WATERSIDE LANE, WINTERBERRY LANE, WILDFLOWER WAY, WALL STREET, WATSON DRIVE, WARMSTONE WAY, WILDROSE WAY, AND WYATT WAY IN FEE, PARCELS A & B IN FEE AND SIDEWALK EASEMENTS, PUBLIC UTILITY EASEMENTS AND LANDSCAPE & MAINTENANCE EASEMENTS AS EASEMENTS WITH THIS MAP. I FURTHER STATE THAT ALL AGREEMENTS AND BONDS REQUIRED BY LAW TO ACCOMPANY THE MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AND ARE ON FILE IN MY OFFICE. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HANDS THIS DAY OF . 201— JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA. SPECIAL ASSESSMENTS CERTIFICATE I, JOANNE M. BUERGLER, IN AND FOR THE CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT, AS OF THIS DATE, A SPECIAL ASSESSMENT ENTITLED "CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT 2015-01" IS PENDING AND NO OTHER SPECIAL ASSESSMENT AGAINST SAID TRACT OF LAND IS PENDING OTHER THAN THOSE WHICH HAVE BEEN RECORDED AND OF WHICH THE SONOMA COUNTY TREASURER'S OFFICE SHOULD BE AWARE. DATED: JOANNE M. BUERGLER, CITY CLERK CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA. THIS MAP, ENTITLED "SOUTHEAST ESTATES SUBDIVISION", IS HEREBY ACCEPTED FOR RECORDATION, SHOWING A CLEAR TITLE AS PER LETTER OF TITLE WRITTEN BY STEWART TITLE OF CALIFORNIA, INC., DATED THE DAY OF . 201 AND AFTER EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES IN ALL RESPECTS WITH THE PROVISIONS OF STATE LAW AND LOCAL ORDINANCES GOVERNING THE FILING OF SUBDIVISION MAPS. FILED THIS DAY OF 201 AT M IN BOOK OF MAPS, AT PAGE(S) IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF MARY GRACE PAWSON, CITY ENGINEER, CITY OF ROHNERT PARK. FEE: $ SIGNED WILLIAM ROUSSEAU COUNTY RECORDER, COUNTY OF SONOMA STATE OF CALIFORNIA DOCUMENT NO. BY: CERTIFICATE SHEET SOUTHEAST ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES CINQUINI & PASSARINO, INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Ca. 95401 D CONSTRUCTION Phone: (707) 542-6268 D SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM SHEET 1 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 E TRUSTEE'S STATEMENT TRUSTEE'S ACKNOWLEDGEMENT GEOTECHNICAL REPORT NOTE WE, STEWART TITLE OF CALIFORNIA, DOCUMENT NUMBERS 2011-024731, LAND HEREIN SHOWN, CONSENT TO WHEREOF, SAID CORPORATION HAS AFFIXED THIS BY: TITLE: TRUSTEE UNDER THE DEED OF TRUST RECORDED AS OFFICIAL RECORDS OF SONOMA COUNTY, AGAINST THE THE MAKING AND FILING OF THIS MAP. IN WITNESS CAUSED ITS CORPORATE NAME TO BE HEREUNDER DAY OF 201 BY- TITLE: Y: TITLE: TITLE COMPANY — STEWART TITLE OF CALIFORNIA A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF SONOMA ON BEFORE ME, , PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC MY COMMISSION EXPIRES: A GEOTECHNICAL REPORT WAS PREPARED BY MICHELUCCI & ASSOCIATES, INC., DATED DECEMBER 27, 2002. A GEOTECHNICAL REPORT LETTER WAS PREPARED BY MILLER PACIFIC ENGINEERING GROUP DATED OCTOBER 29, 2013. REPORTS ARE ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA. TRUSTEE SHEET SOUTHEAST ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES CINQUINI & PASSARINO, INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Ca. 95401 D CONSTRUCTION Phone: (707) 542-6268 D SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM SHEET 2 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 E TRUSTEE'S STATEMENT TRUSTEE'S ACKNOWLEDGEMENT GEOTECHNICAL REPORT NOTE WE, STEWART TITLE OF CALIFORNIA, DOCUMENT NUMBERS 2011-024731, LAND HEREIN SHOWN, CONSENT TO WHEREOF, SAID CORPORATION HAS AFFIXED THIS BY: TITLE: TRUSTEE UNDER THE DEED OF TRUST RECORDED AS OFFICIAL RECORDS OF SONOMA COUNTY, AGAINST THE THE MAKING AND FILING OF THIS MAP. IN WITNESS CAUSED ITS CORPORATE NAME TO BE HEREUNDER DAY OF 201 BY- TITLE: Y: TITLE: TITLE COMPANY — STEWART TITLE OF CALIFORNIA A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF SONOMA ON BEFORE ME, , PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC MY COMMISSION EXPIRES: A GEOTECHNICAL REPORT WAS PREPARED BY MICHELUCCI & ASSOCIATES, INC., DATED DECEMBER 27, 2002. A GEOTECHNICAL REPORT LETTER WAS PREPARED BY MILLER PACIFIC ENGINEERING GROUP DATED OCTOBER 29, 2013. REPORTS ARE ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA. TRUSTEE SHEET SOUTHEAST ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES CINQUINI & PASSARINO, INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Ca. 95401 D CONSTRUCTION Phone: (707) 542-6268 D SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM SHEET 2 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 CALCULATED LOCATION OF - I I �) / FOUND 3/8" REBAR I I MONUMENT PER R3, MARKING 1 r (� J 1\ D OF SUR J� J r Y PER R4 CA 1\101\1 I I ��Jr> 1\10 R 7 4� j\/] � S 4� 6 RW ON LOT 19 OF R4 CAM/NO COLEG/O 1 9 1 1 1 1 7 I I I �'� I i I I I HELD 30' PER R1 & R4 S00°01'31 "E 336.69' 1 I HELD FOR 2" BRASS DISK�-� (SOUTH 336.80')R4 0.26' SOUTH LINE OF RCE 20160 PER OVERALL NORTHERLY BOUNDARY LINE S89'55'07"E 2670.58' R5 LO - - 1 �, _ _ R4 _ _ 992.60- - - - - - 1677.98' - - • I 1 271.30' 136.41' 136.52 448.37' 1677.98' (POINT A) (272.70')R4 (136.35')R4 (136.35')R4 w (2095.16')R4 1 2096.35 o °6 CO 3/4" IRON PIPE 3/8" REBAR 3/8" REBAR, NO TAG L I O NO TAG PER R4 � C j 3" BRASS DISK ~LS 3890 PER R3 PER R4 0.11' SOUTHERLY OF LINE Q I't IN MONUMENT 0 WELL PER R1 1 HELD AS ON SOUTH LINE OF CANON MANOR PER R1 I I S89'55'07"E 1 26.50' I I II N I 21.00' �I SIDEWALK EASEMENT 1 1 I I 3 I �I MM Q I T I I I 00 N 1 .n of MI o f N PO �Cw o1 I z r--: O QQ I W PHASE 1 I 1 1 N o ll�> w 29.17 ACRESI I SEE SHEETS 5-8 I PARCEL F 1 1 J W Qo 0 50.89 ACRES 03 N FOR LOT LAYOUT TO BE DEVELOPED I I I m s my o f I z N IN THE FUTURE I I I o X:1 1 Jo Q Q -00 GRAPHIC SCALE I I I oo L0m W Z p n rq -100 0 100 200 W I I L I I O DETAIL B PO 0 0 o m .� I I o 0 NOT TO SCALE0 I I I z z p J ( IN FEET) o N89'59'11 "W 51.29' M&D1 w 1 inch = 100 ft.0- UJI. Z I �w I _ N ~ // SIDEWALK \\ I S00'00'49"W 22.46' M&D1 S86'38'44"E 3 EASEMENT RADIAL BEARING \ T 1 � DETAIL A ,// I \ A 1 < UJIw �. NOT TO SCALE ��/ R=4050.00' \ p // I \\ / 14 h/ A=0'0211" I \ •� / L=2.57'I o RADS86°40'55"E S89 -30'35"E I r`�nI 00)-) / \ I �tfo AL BEARING X3/4" IRON PIPE I II 30.57' 52.11LS 2757 PER R1 _j LEGEND LOCATION MAP NOT TO SCALE SUBDIVISION BOUNDARY REMAINING LANDS BOUNDARY ADJOINING BOUNDARY ROADWAY CENTERLINE • FND IRON PIPE, TAG AND SIZE AS NOTED. 0 FOUND BRASS DISK, TAG AND STAMP AS NOTED DN DOCUMENT NUMBER (R#) RECORD INFORMATION M MEASURED REFERENCE DATA R1 MAP OF "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL AND RIGHT OF WAY SURVEYS" DATED 1965-1966 ON FILE IN THE OFFICE OF COUNTY SURVEYOR. R2 PARCEL MAP NO. 3063 FILED IN BOOK 177 OF MAPS AT PAGE 20, SONOMA COUNTY RECORDS. R3 PARCEL MAP NO. 82 FILED IN BOOK 339 OF MAPS, PAGES 10-12, SONOMA COUNTY RECORDS. R4 RECORD OF SURVEY OF CANON MANOR FILED IN BOOK 74 OF MAPS PAGE 46, SONOMA COUNTY RECORDS R5 IMPROVEMENT PLANS FOR BODWAY PARKWAY PREPARED BY M.HUDIS & ASSOCIATES, CITY OF ROHNERT PARK NO. 1993-5 D1 DEED TO THE COUNTY OF SONOMA, 3477 OR 704 S.C.R. BASIS OF BEARINGS BEING NORTH 00'04'58" WEST PER THE CENTERLINE OF PETALUMA HILL ROAD BETWEEN MONUMENTS AS SHOWN ON THAT CERTAIN MAP ENTITLED "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL & RIGHT OF WAY SURVEYS", RECORDED IN BOOK 155 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS. NAD83, ZONE II, EPOCH 2010.00 POINT NORTHING EASTING DESCRIPTION A 1880968.727 6370402.239 FND 3" BRASS DISK "C.S.S.C." B 1879641.404 6370404.355 FD 3/4" IP LS2757 NOTES ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 3/4" IRON PIPE I 3" BRASS DISK ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. 1 I 5.10' LS 3890 PER R3 I / / 3.62' O N "� I / p I IN MONUMENT SEE SHEET 8 FOR ALL LOCAL AGENCY REQUIRED INFORMATION. 3/4" IRON PIPE U-)�n WELL PER R1 NO TAG- p / p S89'30 35" E 0 :N o rn 2" BRASS DISK I / \ (q O I o RCE 20160 PER 38.93 \ N89°58'29"E I '�' \ 31.03' I U' R5 - \ 5 38' 1 p \ - - ® FOUND MON !rI CL VALLEY HOUSE DRIVE3" BRASS DISK N89°56'19"W 13.00' \ / \ 12.23' 00 z Ln / COUNTY OF SONOMA R=1000.00' _ _ I i 0 3477 O.R. 704 L=135.63' I I _ _ - _ _ o / S05'05'48"W 64.47' M&D1 Lp A=7'46'15 I N89 55 07 W a 2" BRASS DISK 10.75' �`' R=4050.00 RCE 20160 PER R5 0!0 L=125.73 N82°19'52"W 13.00' FENCE POST TO CALCULATED S89'55'07"E cv 0 X1'46'43" 3/4" IRON PIPE, LS 3616 13.75' 0 M&D1 R=1000.00' ,,� CONCAVE EASTERLY L_135.63' �`I i 1343.23' (1349.26')R2 � FENCE POST TO A-7'46'15' l0 SIDEWALK EASEMENT 3 4" IRON PIPE, It rn (SEE DETAIL B) / N89°59 58 W 13.00 o M I LS 2757 HELD CALCULATED LOCATION OF 3/4" IRON pl FOUND LEANING OLD I 2" BRASS DISK PIPE, LS 3616 PER R3 0 r I 1328.74' M&R 1 RCE 20160 PER �� z 8X8 FENCE POST PER R2 i -� (I 328.04')R2 R5 - - - - - _ _ 382.53' 0.18' / _ _ \ 3/4" IRON PIPE � _` 1628.65'- �/ LS 2757 PER R1 S00°00'47"E 88.88' r 4 J EASEMENT FOR ROAD, UTILITY 960.69 ,� LC) OVERALL SOUTHERLY BOUNDARY LINE S89'30 35 E 2589.34'SEE I (POINT B) AND DRAINAGE PURPOSESDETAIL B 2" BRASS DISK RCE SEE 20160 PER R5 DETAIL A BOUNDARY SHEET SOUTHEAST ESTATES SUBDNLSION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES �- 0) , _ DN 82-052748 _ _ 2588.81 ' �I 1 - N00°37'47"E 152.30' ry S89°38'48"E 2689.52 (1\100°38'36"E 152.33')R1 r C INQ UINI & PAS S ARINO, INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Ca. 95401 D CONSTRUCTION Phone: (707) 542-6268 SUBDIVISIONS Fax: (707) 542-2106 I VALLEY HOUSE DRIVE (WD VAR/ES) ~ Nr MONUMENT BRASS K �- I WELL PER R1 APN 047-111-055 SHEET 3 OF 8 JULY 2016 CPI FILE NO. 6849-14 CAM/NO COLEG/O ,1 0 LO 0) LO 3 LO O O O z N SEE SOUNDAR Y SHEET FOR FOUND MONUMEN TA TION Ti�C AA/1-1 1-)�Cr4)10T1nA1C 10 00' Pf)F .�.r 10.00' PDE 10.00' PDE 10.00' PDE /FO 4-10 10.00' PDE 10.00' PDE /FO 7-10 10.00' PDE IFO 9 & 10 10.00' PDE 10.00' PDE 10.00' PDE 40 FIFO 2-10 .1 F/FO 3-10 110 F/FO 5-10 /FO 6-1011111 S89•rJrJ� 7"E /FO 8-10 992.60' IFO 10 /FO 11 /FO 11&12 S89.55'07"E 67.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 52.00' 66.00' 115.10' _ I 1 M r UJI Iit � O 3 p D 0 O rnM O n 17 ) O PO 0 M O M O M O io O M O i) l N Z PARCEL Unp 1 Oin 2 0 0 3 0o 4 Oen 5 Oo 6 O0 7 O0 8 O0 9 O0 10 OYn 11 Oen 12 oin 13 01l r 11210 SF It O 6700 O It5200 O It5200 O It5200 O It5200 0 It5200 O It5200 O It5200 O '* 5200 O It5200 O It5200 O It5200 O It0 o O o O o O 0 o O o O o O o O o O o O o O o O O 6563 O)1 o (TANK SITE) o - SF I O SF r O SF O SF p O SF � p SF � O SF � p SF r 0 SF .- O SF � O SF � O SF � p SF I W z (n (n (n (n (n (n (n (n (n (n (n (n i 1 N89.55'07"W 29.23, 250' SWE 2.50' SWE I I It 59.83' C7 �5-0067.00'- - S 5 5 00' PUE I 23' 0I 5'5' , o C8 - - - . - - - - _ 52.00 - _ 52.00 _�f Zw)- 52.00' - - -52.00' - - -52.00' - - 52.00' - - 52.00'- - - 52.00'- - - 52.00'- - - 52.00' -�n� Z 52.00 - - - 57.86 - z S89'58'29"W ------ ------ ------ ------ i®E 47.96' WILDFLOWER 760.04' WA Y N - 5 00' PUE S89.55'07"E 808.00' 2. SWE N 9 _ _-_-_-_--- _-_-_-_---_-_-_ - _-_-_-_-_-_-_-_ --_ _ _____ _ ___ _____ _____ ____ _____ __ �X G / 44.50' 48.00' 1 38.00' 42.00' 48.00' I 38.00' 48.00' I 38.00' 48.00' I 38.00' 42.00' 38.00' I 48.00' 42.00' 38.00' I 48.00' 44.36' T 7' 7' 7' 7' 7" 500' BUE 7'500' PUEJ1� 5.00' BUE I 5.00' BUE yl 5.00' BUE I 1 I--- 1 5.00' BUE 2 50' SWE � lFO 61 /FO 67 5 00' BUE I 1 U 5.00' PUE /FO 58 ~I 1 O /FO 63 yl /FO 65 ~I 00 1 00 3 3 CV 3 N 3 L 3 3 �`� 3 3 /FO 70 3 I I 2.5o' swE 56 O 1 0 - z 1 J z 1 J 1 ,•� - J - - - I W 1 1N 3566 SF 4 0 J O�� 0 �'� 0 to 0 �'� J 65 0 ,� O ,� 1 O�� O M J I O M ph% I IJ Ln Ln L25 I 58 Ln !n 59 Ln !n 60 LrCr-4lll[ 61 �o � 62 L31 1 63 Ln !n 64 L34 1 3530 in !n 66 in 67 I 68 � 69 �n 0 70 I 71 Lo 72 19.50' 3x2' BUE Nj 57 3530 rri 3507 r<i 36513530 vj 't 3651 3530 vj 3651 SF K3 3507 rh 't 3530 3651 r<i 't 3507 rj '* 3530 3651 r7 4347 X11 50.00' S 00 O SF a7 O SF S aJ O SF S a7 O SF p SF SF aJ 00 O o0 O 3651 F F F SF SF SF SF SF �1I O 5 00 BUE O O 5 00 BUE O 5.00 BUE O 5.00' BUE O O co O O rn O n1 1 O O SF (n (n(n (n (n (n L37 n (n (n 0i 3.00 1~ lFO 57 IFO 60 IFO 62 I� IFO 64 I J 5.00' B4UZ- I J 5.00' PUE _ O r� 5.00' BUE N 1104 55 N J I J 1 J I /FO 68 lFO 71 2.50' SWE�1 O 2103 SF J I 6.00 I ' 1 4.00' I 4.00' 1 4.00' 11 N o IIJ S89'55'07"E 38.00' 1 6'00 42.00' 38.00' 38.00' I 6.00 38.00' 44.00' 38.00' /- I 38.00' II w r�i , , , , , w 69.50 38.00 38.00 , 38.00 , 38.00 42.00 38.00 42.00 , 48.50'II z Ito rn 4.00 4.00 I 4.00 4.00 6.00 6.00 MZ "' I IC -4 54 J I 5.00' BUE 5 00" BUE 1 5 00" BUE 1 5 00' BUE 5.00' BUE I 5 00' BUE J X11 0LO � J 2103 SF I� 37 I 0 , 00 1 ~ IF -0 51 48 IFO 48 46 IFO 46 ~I IF -0 43 /FO 40 IFO 37 .11 04 O I I 3.00 W W 51 J I W W 3673 J I W 3651 I W L8 I 43 w W L5 1 40 w w L2 I 4513 It I � o Z 50.00' 3651 a SF - SF J - - - 3651 - SF Z _�- r�- r�- ih- '0- ice- 3651 ice- ice- ih- r7- 4.00'MBE 34.69' 27' 1t9.5 3x2' BUE `n Lo 52 S> 50 0 (D 49 � 47 0 � 45 0 Lo 44 SF 'n 42 'n � 41 SF 'n 39 38 /F0 HOA �� ao ao x73507 rri I 3530 r7 3507 � r<i L14 I I � � /'l1 23' 53 O O O p 3508 p r<i L11 1 3530 p r►i 3530 1 p rri 3507 p rM 3530 1 p rM 3507 p n 3508 If5.00' BUE -4 11� 3566 SF p O SF 0 L17 1 c0 00 SF 0 SF p 1 rh SF 0 1 p SF 0 SF 15.00' BUE 0 00 SF p SF 5. 00' BUE C:) a0 SF p SF /FO 38 0 1�1 d I 2.50' SWE Z Z I J Z Z I J Z 1 J Z IFO 44 Z Z IFO 41 Z Z J 1 250' SWE 1 I 5.00' BUE 5.00' BUE 5.00' BUE J 1 J 1 1 U ; �� 5 00' PUE /FO 50 y1 /FO 47 IFO 45 I I I 5 00' PUE- 6 ^ I I N \ , 6 6 , , , , 6 , , , , , , , , , 515' , , 42.00 - =48.00_ 1 _38.00 = -42.00 _"n� 48_00 -1 _38.00 _ _ - - _ I _ 38.00 - - 38.00 - I _48.00_ _ =42.00_- 38.00 - I _ 48.00 � Z� 42.00 - 38.00 - I 0_36 S89.55'07"E 808.00' ®47.96' C6 314.04' 446.00' LANE �N51°13'02"E(RADIAL) � W/NTERBERRY � \ C16 C1 % in ieE X 3mE 1 (1(71ro 44.81'8.00' 42.00' 48.00' 1 38.00' 42.00' 48.00' 1 38.00' 44.36' T1 21' 1 21 LEGEND SEE SHEET 5 0 SET 1/2" IRON PIPE, TAGGED P.L.S. 7935 SET 3" BRASS DISK, IN MONUMENT WELL STAMPED P.L.S. 7935 SET BRASS TAG STAMPED PLS 7935 SET ON TOP OF CURB ON A 4.75' EXTENSION OF THE PROPERTY LINE 0 SET NAIL & WASHER STAMPED P.L.S. 7935 • FND 1/2" IRON PIPE, TAGGED AS OTHERWISE NOTED. ® FOUND 2" BRASS DISK, STAMPED AS NOTED IN MONUMENT WELL SUBDIVISION BOUNDARY -------- EASEMENT BOUNDARY DN DOCUMENT NUMBER (R#) RECORD INFORMATION PDE PRIVATE DRAINAGE EASEMENT PAE PRIVATE ACCESS EASEMENT PME PRIVATE MAINTENANCE EASEMENT UE PRIVATE UTILITY EASEMENT PUE PUBLIC UTILITY EASEMENT SWE SIDEWALK EASEMENT BUE BENEFIT USE EASEMENT IFO IN FAVOR OF LME LANDSCAPE & MAINTENANCE EASEMENT MBE MAILBOX EASEMENT } DISTANCE CONTINUES ON THE ADJOINING SHEET REFERENCE DATA R1 MAP OF "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL AND RIGHT OF WAY SURVEYS" DATED 1965-1966 ON FILE IN THE OFFICE OF COUNTY SURVEYOR. R2 PARCEL MAP NO. 3063 FILED IN BOOK 177 OF MAPS AT PAGE 20, SONOMA COUNTY RECORDS. R3 PARCEL MAP NO. 82 FILED IN BOOK 339 OF MAPS, PAGES 10-12, SONOMA COUNTY RECORDS. D1 DEED TO THE COUNTY OF SONOMA, 3477 OR 704 S.C.R. BASIS OF BEARINGS BEING NORTH 00'04'58" WEST PER THE CENTERLINE OF PETALUMA HILL ROAD BETWEEN MONUMENTS AS SHOWN ON THAT CERTAIN MAP ENTITLED "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL & RIGHT OF WAY SURVEYS", RECORDED IN BOOK 155 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS. NOTES ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. SEE SHEET 8 FOR ALL LOCAL AGENCY REQUIRED INFORMATION. GRAPHIC SCALE -40 0 40 80 ( IN FEET ) 1 inch = 40 ft. 0 SOUTTMMT ]ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES SHEET 4 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 C INQ UINI & PAS S ARINO, INC. LAND SURVEYING 0 BOUNDARY 1360 No. Dutton Ave. 8 TOPOGRAPHIC Santa Rosa, Ca. 95401 CONSTRUCTION Phone: (707) 542-6268 SUBDIVISIONS Fax: (707) 542-2106 SHEET 4 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 S84 72'34 "W 1f11 / PDE 8.04' -) I PAE & � SO'04'53"W PDE & 4.71' UE I N89'55'07"W J 8.00' p AMP PRI VA TE DRAINAGE EASEMENT LOT IFO 73 74 74 75 S89 *55'071F / PDE 8.00' I PAE & IPME& NO 04'53"E �\� PDE & 5. 00' uE I N89 55'07"W I 8.00' \ SO'04'53 "W 1 5.00' , r PRI VA TE DRAINA GE EASEMENT LOT IFO 77 76 78 77 79 80 80 81 83 82 84 83 DETAIL 'C' (TYP) - DETAIL D (TTP) - - SEE SHEET 4 _ S89'55'07"E 808.00' 47.96' C6 W/NTERBERRY 314.04' o N51°13'02"E(RADIAL) I 446.00' o LANE 16 0 \` 73.00 73.00 1 1 I 73.00 56.81 � �s �� 44.81 38.00 42.00 48.00 38.00 42.00 48.00 38.00 44.36 T S89'S8' 29» W 1.00' PAE, PME, PDE 11.00' PAE, PME, PDE 11.00' PAE, PME, PDE !'� 5.00' PUE O1 1 5.00' PUE 7' �� 7.04' 73 3.73 w I & UE /FO 73-77 ;� 0 & UE /FO 80-84 w . 1 & UE /FO 79-83 0 250SWE I 21 21 1 105 m rn 250' SWE 5.00' PUE y1 I 4523 SF M 0 p I 0 1 O 85 TI I 11 4174 � 104 3 3 � N 3 Lo 79 M o 84 r� SF R x n - II 1 78 D 4161 SF I n I I 4161 SF Q i j 3925 SF apt 1 I� I 3483 r� p M p 5.00' BUEyf i� p �`� O 5.00' BUEyf J �'� p 250' SWE-T1 Kj 11.00' PAE,PME,PDE � 4161 SF u7 00 5.00' BUE SF � Lo �n I 1 0 1 I o �I �. I IFO 104 y1 11 N 103 N lFo 101 1 101 100 N lFo 98 98 't N 97 't n & UE IFO 74- 78 Q O .. 1 50 O t 5.00' PUE N EE DETAIL D (TYP)1 I �I 5.00' PUE Z 11 Q I I p 3465 p 3483 p cV 3465 p 99 3483 p \ z I p SF p SF O SF p SF N SF X11 O SEE DETAIL C Z 102 a0 4294 Q (TYP) 73.00 73.00 73.00 2.00 1 0 L67 N89'S5'07"W I p `�° 5 Do' BUE N N 3SF2 -J L70 v> N 3SF2 J 1 L73 I I O p o N89'S5'07"W N89'55'07"W N89'55'07"W S89'55'07"E 001 s 00' SUE s 00' BUE op � I I I I I� iFo 1 os I� . I� � 11 Ui0) 1 w 75.34' 1 I 111.00' PAE, PME, PDE � 11.00' PAE, PME, PDE 1 11.00' PAE, PME, PDE !� O IF -0 102 r /FO 99 O W I UE /FO 73-76.781 & UE /FO 79, 81-84 lt� 67.50 I N I 6.00 4.00 I 4.00' 11 N M 0 74 I 1& �,� _ 0 1 & UE /FO 79-82, 84 o I LO O 3765 SF I 1 LO O gp ' I 0 of I w 45.50' 42.00' 38.00' 44.00' 38.00' 44.00' w � �i, 77 'n o 0 83 O 86 p Q O 11.00' PAE &PME 3650 SF O 3650 SF O 3375 SF I - I 3$.00 3$.00 4$.50 I I - W O U') O 1 p 3650 SF O 1 I It �I M I 4.00 5 00' SUE 4.00 ih N /FO 73, 75-78 500' PUE O 5.00' PUE O I � 1 I 4'00 1 11 LO 1 • rjQ O I (� O 1� z 5.00' PUE 1 IF -0 89 5.00' SUE 5.00' SUE V) 75.25' z 73.00' N 73.00' z 73.00' 2 50' swE o I IF -0 93 o IF -0 96 I I It I 1�5. DO' PuE 89 a0 3 w 3 O o li N89'55 07 W I I S89'S5 07 E z h 11250' SWE L82 - L79 I 00 93 - L76 I � - I I o W o I » N89'55'07"W N89'S5'07"W w I N89'S5'07"W ' V) 0 3574 �,� 0 0 M J 3574 M o '� 0 J 96 z (� O I ;� I h I - � � � � 00I I O z X3.00' LME ,2 0 I 76 0 81 I !n o0 1 I 82 2.00 !d 67.50' 1c° 88 '1? SF 90 U? 91 LO - 92 SF 11? 94 "� 95 4407 Q m I 0 � 4161 SF lt 4161 SF 't" 0 Q I r7 � 1 O SF ,n 75 u'i I 1 p 4161 SF I O I � 001 I r�i ao 5.00' BUE 00 00 5.00' BUE • p n p �. 3997 p 3435 p 3423 O 3435 O a0 3423 ao 3435 4173 SF $ LO 11.00' PAE, PME, O U O U I 11.00' PAE, PME, O 87 �p 3 1 SF O /FO 90 M SF p SF O SF O SF SF I I LO 11.00' PAE, PME PDE & UE /FO 11.00' PAZ,,PME, I z PDE & UE 3676 SF I I 001 z 100 /FO 92 (n J I PDE & UE I I 73-75 & 77-78 PDE & UE I 1/F0 79-81 & 83-84 O I 2.50' SWE J � 5.00' BUE 2.00' I I 5.00' PUE IFO 79-80 & 82-84 5.00' PUE z 5.00' PUE J lFD 95 IFO 73-74 & 76-78 \ �~ \ �� I 10' r r , , , 6 \� r r r > , r r , , - - - 75_14 - _ 73.00 _ _ _ - 73.00 _ _ - 73.00 _ _ 58.46 = % 40.46 48.00 = 38.00 42.00 - 38.00 48.00 �\ 42.00 38.00 51.81 x x I I 10.75' 5.00' PUE WA TERS/DE N N LANE N 2.50' SW , , �89 55 07 E 434.93 S89'55'07"E 446.00' CN - - 396.10'-� o � - - - - - C N Od SEE SHEET 7 LEGEND BASIS OF BEARINGS Line Table Line # Length Direction L1 50.00' NO°04'53"E L2 10.00' S89`55'07"E L3 33.50' NO°04'53"E L4 47.76' NO.04'53"E L5 10.00' S89°55'07"E L6 35.74' NO°04'53"E L7 47.76' NO°04'53"E L8 10.00' S89°55'07"E L9 35.74' NO°04'53"E L10 47.76' NO°04'53"E L11 10.00' N89'55'07"W L12 35.74' NO°04'53"E L13 50.00' NO°04'53"E L14 10.00' N89°55'07"W L15 33.50' NO°04'53"E L16 47.76' NO.04'53"E L17 10.00' N89°55'07"W L18 35.74' NO°04'53"E L19 29.42' NO°04'53"E L20 32.42' NO°04'53"E Line Table Line # Length Direction L21 29.42' SO°04'53"W L22 29.42' SO°04'53"W L23 26.08' NO°04'53"E L24 35.74' SO°04'53"W L25 10.00' N89°55'07"W L26 47.76' SO°04'53"W L27 35.74' SO°04'53"W L28 10.00' N89°55'07"W L29 47.76' SO'04'53"W L30 35.74' SO°04'53"W L31 10.00' N89.55'07"W L32 47.76' SO`04'53"W L33 35.74' SO°04'53"W L34 10.00' N89°55'07"W L35 47.76' SO°04'53"W L36 35.74' SO°04'53"W L37 10.00' S89.55'07"E L38 47.76' SO°04'53"W L39 35.74' SO`04'53"W L40 10.00' S89.55'07"E Line Table Line # Length Direction L41 47.76' SO°04'53"W L42 12.16' S42°06'30"W L43 12.16' N41°56'43"W L44 12.16' S41 °56'43"E L45 12.16' N42°06'30"E L46 12.16' S42°06'30"W L54 9.46' N44°55'07"W L55 9.46' N45°04'53"E L56 12.16' N41'56'43"W L57 88.86' S89°55'07"E L58 26.08' SO.04'53"W L59 12.16' N42°06'30"E L61 12.16' N48'03'17"E L62 12.16' S47°53'30"E L63 15.11' S45°04'53"W L64 12.16' N41°56'43"W L65 9.46' N45°04'53"E L66 47.71' NO°04'53"E L67 10.00' N89°55'07"W L68 34.79' NO°04'53"E Line Table Line # Length Direction L69 47.71' SO`04'53"W L70 10.00' N89°55'07"W L71 34.79' NO°04'53"E L72 47.71' SO°04'53"W L74 34.79' NO°04'53"E L75 33.79' SO°04'53"W L76 10.00' N89°55'07"W L77 47.71' SO°04'53"W L78 47.71' SO'04'53"W L79 10.00' N89°55'07"W L80 33.79' SO°04'53"W L81 33.79' NO°04'53"E L82 10.00' N89°55'07"W L83 47.71' NO°04'53"E Curve Table Curve # Length Radius Delta C1 6.95' 35.50' 11 °13'06" C2 69.66' 35.50' 112°26'11" C3 6.95' 35.50' 11 °13'06" C4 6.95' 35.50' 11 °13'06" C5 69.66' 35.50' 112'26'12" C6 6.95' 35.50' 11 °13'06" C7 15.49' 50.00' 17°45'14" C8 10.78' 35.00' 17'38'50" C9 39.27' 25.00' 90°00'00" C10 39.27' 25.00' 90°00'00" C11 10.82' 19.50' 31 °47'18" C12 30.63' 19.50' 90°00'00" C13 10.82' 19.50' 31 °47'18" C14 41.45' 19.50' 121-47"18" C15 10.82' 19.50' 31 °47'18' GRAPHIC SCALE -40 0 40 so ( IN FEET ) 1 inch = 40 ft. 0 SET 1/2" IRON PIPE, TAGGED P.L.S. 7935 QO SET 3" BRASS DISK, IN MONUMENT WELL STAMPED P.L.S. 7935 0 SET BRASS TAG STAMPED PLS 7935 SET ON TOP OF CURB ON A 4.75' EXTENSION OF THE PROPERTY LINE 0 SET NAIL & WASHER STAMPED P.L.S. 7935 • FND 1/2" IRON PIPE, TAGGED AS OTHERWISE NOTED. FOUND 2" BRASS DISK, STAMPED AS NOTED IN MONUMENT WELL SUBDIVISION BOUNDARY EASEMENT BOUNDARY DN DOCUMENT NUMBER (R#) RECORD INFORMATION PDE PRIVATE DRAINAGE EASEMENT PAE PRIVATE ACCESS EASEMENT PME PRIVATE MAINTENANCE EASEMENT UE PRIVATE UTILITY EASEMENT PUE PUBLIC UTILITY EASEMENT SWE SIDEWALK EASEMENT BUE BENEFIT USE EASEMENT IFO IN FAVOR OF LME LANDSCAPE & MAINTENANCE EASEMENT MBE MAILBOX EASEMENT REFERENCE DATA R1 MAP OF "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL AND RIGHT OF WAY SURVEYS" DATED 1965-1966 ON FILE IN THE OFFICE OF COUNTY SURVEYOR. R2 PARCEL MAP NO. 3063 FILED IN BOOK 177 OF MAPS AT PAGE 20, SONOMA COUNTY RECORDS. R3 PARCEL MAP NO. 82 FILED IN BOOK 339 OF MAPS, PAGES 10-12, SONOMA COUNTY RECORDS. D1 DEED TO THE COUNTY OF SONOMA, 3477 OR 704 S.C.R. BEING NORTH 00'04'58" WEST PER THE CENTERLINE OF PETALUMA HILL ROAD BETWEEN MONUMENTS AS SHOWN ON THAT CERTAIN MAP ENTITLED "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL & RIGHT OF WAY SURVEYS", RECORDED IN BOOK 155 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS. NOTES ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. SEE SHEET 8 FOR ALL LOCAL AGENCY REQUIRED INFORMATION. MAP SHEET SOUTHEAST ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES SHEET 5 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 C INQ UINI & PAS S ARINO, INC. LAND SURVEYING A BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Ca. 95401 D CONSTRUCTION Phone: (707) 542-6268 SUBDIVISIONS Fax: (707) 542-2106 SHEET 5 OF 8 APN 047-111-055 JULY 2016 CPI FILE NO. 6849-14 to N 91.86' 5.00' PUE 5.00' PUE 2.50' SWE 2_5 OSWE 1 16 0 6463 SF 6 U-) to 0 0 of O N89'55'07"W c04 I 100.00' I N89'55'07"W 65.50' i N89'55'07"W 61.00' 1 W Ld 11.00' PAoF, PME, PDE1 10.00' PDE 17 10.00' PDE I I N89'55'07"W LO O O I I 100.00' IFO 15 & PARCEL F of IFO PARCEL F 04 O cI 0 N89'55'07"W I10 5000 SF Z W 3 N 89'55 07» W 10 14 0 LO 15 0 to OTr� IO 6513 0 0 6100 00 0 W I SF r b SF C)�S b � II 0 U) 4594 SF S� 0 LO LO I 2.50' SWE 500, PUE 23' 1 z 2.3' I \� 5.00' PUF WARMS TONE I WA Y N 4.00' MBE 100.00 \ 57.36' 3 61.00' 1/ 00'��93.31 5.00' PUE 2 50 SWE X� 2 50 SWE 1 27 o 19 lin 5678 SF LANE of 11LO 0 LO 5000 SF 0 II N89'55'07"W WL DFL OWER WA Y i 100.00' 1 II N89'55'07"W I S89'55'07"E 149.50' � 0 20 � I 5000 SF 1 o II to N 91.86' 5.00' PUE 5.00' PUE 2.50' SWE 2_5 OSWE 1 16 0 6463 SF 6 U-) to 0 0 of O N89'55'07"W c04 I 100.00' 0 O 0 LO 0 O O LO 0 O 0 LO 0 O O LO 0 LO LO LO O O O LO 0 O O LO 1-1 W Z SEE BELOW LEFT I N89'55'07"W LO i N89'55'07"W 1 100.00' 1 W Ld 11.00' PAoF, PME, PDE1 �0 17 � 32 I I N89'55'07"W LO O O I I 100.00' 5000 SF of II 04 110 25 0 N89'55'07"W I10 5000 SF Z W IILO N 89'55 07» W LO W I 'Ool 11-500PUE100.00 100.00' OTr� is 23' 2.3' 12.50' SWE 33 Q" IIM 1 I L6 26 O O Lo 6213 SF SF C)�S 11"'6178 1 1 2.50' SWE � 1 0 18 4594 SF S� O 5000 SF 500, PUE N89'55'07"W 123.00' N89'55'07"W WARMS TONE I WA Y N 4.00' MBE 100.00 g �- 37 a5'-. IFo HOA 3 1/ 00'��93.31 5.00' PUE 2 50 SWE WI'NTERBERRYo 2 50 SWE 1 27 o 19 lin 5678 SF LANE of 11LO 0 LO 5000 SF 0 II N89'55'07"W `V i 100.00' 1 II N89'55'07"W 100.00' 0 20 0 5000 SF 1 o II N89'55'07"W 06 4-�100.00' N 0 21 W PO O 5000 SF o N 89'55'07"W Z 5.� 100.00' O O 22 1 5000 SF 23' 23 Un N89'55'07"W 100.00' o � WA TERSIDE WA Y I o 23 �- O I ci 5000 SF N I I N 89'55'07"W W 100.00' SEE ABOVE MIDDLE 0000 CD 3 m 0 0 0 0 O 0 LO 0 O O LO 0 O 0 LO 0 O O LO 0 LO LO LO O O O LO 0 O O LO 1-1 W Z SEE BELOW LEFT Io 28 0 1 d 5000 SF 1 11 18.501 2.3 11-0 IIo 11LO Z II WISDOM ) 11 LANE N89'55'07"W 100.00' 29 0 5000 SF C5 N 89'55'07"W 100.00' I 110 110 30 O 110 5000 SF I II 5 1 N89'55'07"W 100.00' -10 z i I I 2.3' 2.3' 110 31 0 110 5000 SF LO ILO I N89'55'07"W 01 100.00' SEE ABOVE RIGHT 5.00' PUE 2.50' SWE "r_S89°55'07"E 8.00' S00°04'53"W 11.16' 840°30'35"E 15.20' 589°30'35"E 46.13' S00°29'25"E \ <3.O 62.97' 39'04' 58" LME L=5.46' R=8.00' DETAIL 'E' NOT TO SCALE GRAPHIC SCALE -40 0 40 80 ( IN FEET ) 1 inch = 40 ft. SEE BELOW MIDDLE I N89'55'07"W LO i N89'55'07"W 1 100.00' 1 io 24 0 11.00' PAoF, PME, PDE1 110 5000 SF i0 � 32 I I N89'55'07"W 06 O O I I 100.00' W ih of II 04 110 25 0 N89'55'07"W I10 5000 SF O W IILO LO LO II N 89'55'07"W z 'Ool 11-500PUE100.00 Lo OTr� is I 5. oo' BUE z 12.50' SWE 33 Q" IIM 1 I L6 26 O O Lo 6213 SF SF C)�S 11"'6178 1 1 2.50' SWE � 1 5.00' PUE 93.31' n 4594 SF S� 3 500, PUE N89'55'07"W 123.00' WARMS TONE I WA Y N 4.00' MBE g �- 37 a5'-. IFo HOA 3 1/ 00'��93.31 5.00' PUE 2 50 SWE 2 50 SWE 1 27 0 0 lin 5678 SF of 11LO 0 II N89'55'07"W `V i 100.00' Io 28 0 1 d 5000 SF 1 11 18.501 2.3 11-0 IIo 11LO Z II WISDOM ) 11 LANE N89'55'07"W 100.00' 29 0 5000 SF C5 N 89'55'07"W 100.00' I 110 110 30 O 110 5000 SF I II 5 1 N89'55'07"W 100.00' -10 z i I I 2.3' 2.3' 110 31 0 110 5000 SF LO ILO I N89'55'07"W 01 100.00' SEE ABOVE RIGHT 5.00' PUE 2.50' SWE "r_S89°55'07"E 8.00' S00°04'53"W 11.16' 840°30'35"E 15.20' 589°30'35"E 46.13' S00°29'25"E \ <3.O 62.97' 39'04' 58" LME L=5.46' R=8.00' DETAIL 'E' NOT TO SCALE GRAPHIC SCALE -40 0 40 80 ( IN FEET ) 1 inch = 40 ft. SEE BELOW MIDDLE b O 0 L W �ro LO il 0 LO (V c0 �s 91.86' - ZN89*55'07"W 133.75' � WILDROSE WA Y W T�Lo L57 11.00' PAE PME PDF & UE IFO 35, 36 23' 2 3' I � 34 & PARCEL F 00 I M 4637 SF 00 5.00' PUE 172.50' SWE 5.00' PUE N 89'55'07"W rj ^i LO i N89'55'07"W 100.00' 04 N p 11.00' PAoF, PME, PDE1 � 32 LO 06 W 0 5000 SF W ih Ilk LO ` N89'55'07"W 115.00 10.00' 00 5.00' PU100.00' E W Z z 2_50' SWE U Lo OTr� is I 5. oo' BUE O z 33 Q" ' 23 2,3' Lo 6213 SF C)�S 2.50' SWE 5.00' PUE b O 0 L W �ro LO il 0 LO (V c0 �s 91.86' - ZN89*55'07"W 133.75' � WILDROSE WA Y W T�Lo L57 11.00' PAE PME PDF & UE IFO 35, 36 23' 2 3' I � 34 & PARCEL F 00 I M 4637 SF 00 5.00' PUE 172.50' SWE 5.00' PUE N 89'55'07"W rj ^i 0 04 0 11.00' PAoF, PME, PDE1 N LO 06 & UE IFO 34, 36 & PARCEL F 00 W ih 42385 SF LO 115.00 10.00' 00 W Z 41.78 5.00II PUE yI BUE o Lo OTr� I 5. oo' BUE O z o Q 55.22' C)�S 36 � n 4594 SF prj 500, PUE II \ N89'30'35"W 95.19 X39'23'30 SEE DETAIL L=5.50' E' ABOVE R=8.00' F, Ki N89'55'07"W 10.75' 11.00' PAE, PME, PDE & UE IFO 35, 36 & PARCEL F 11.00' PAE, PME, PDE & UE IFO 34, 36 & PARCEL F 11.00' PAE, PME, PDE - & UE IFO 34, 35 & PARCEL F 11.00' PAE PME, PDE - & UE IFO 34, 35 & PARCEL F VALLEY HOUSE DRIVE LEGEND 0 SET 1/2" IRON PIPE, TAGGED P.L.S. 7935 QO SET 3" BRASS DISK, IN MONUMENT WELL STAMPED P.L.S. 7935 �I SET BRASS TAG STAMPED PLS 7935 SET ON TOP OF CURB ON A 4.75' EXTENSION OF THE PROPERTY LINE p SET NAIL & WASHER STAMPED P.L.S. 7935 • FND 1/2" IRON PIPE, TAGGED AS OTHERWISE NOTED. Q FOUND 2" BRASS DISK, STAMPED AS NOTED IN MONUMENT WELL SUBDIVISION BOUNDARY EASEMENT BOUNDARY DN DOCUMENT NUMBER (R#) RECORD INFORMATION PDE PRIVATE DRAINAGE EASEMENT PAE PRIVATE ACCESS EASEMENT PME PRIVATE MAINTENANCE EASEMENT UE PRIVATE UTILITY EASEMENT PUE PUBLIC UTILITY EASEMENT SWE SIDEWALK EASEMENT BUE BENEFIT USE EASEMENT IFO IN FAVOR OF LME LANDSCAPE & MAINTENANCE EASEMENT MBE MAILBOX EASEMENT REFERENCE DATA R1 MAP OF "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL AND RIGHT OF WAY SURVEYS" DATED 1965-1966 ON FILE IN THE OFFICE OF COUNTY SURVEYOR. R2 PARCEL MAP NO. 3063 FILED IN BOOK 177 OF MAPS AT PAGE 20, SONOMA COUNTY RECORDS. R3 PARCEL MAP NO. 82 FILED IN BOOK 339 OF MAPS, PAGES 10-12, SONOMA COUNTY RECORDS. D1 DEED TO THE COUNTY OF SONOMA, 3477 OR 704 S.C.R. BASIS OF BEARINGS BEING NORTH 00'0458" WEST PER THE CENTERLINE OF PETALUMA HILL ROAD BETWEEN MONUMENTS AS SHOWN ON THAT CERTAIN MAP ENTITLED "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL & RIGHT OF WAY SURVEYS", RECORDED IN BOOK 155 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS. NOTES ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. SEE SHEET 8 FOR ALL LOCAL AGENCY REQUIRED INFORMATION. MAP SHEET SOUTHEAST ESTATES SUBDIVLSION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES C INQ UINI & PAS S ARINO, INC. V LAND SURVEYING AA BOUNDARY 1360 No. Dutton Ave. A TOPOGRAPHIC Santa Rosa, Ca. 95401 0 CONSTRUCTION Phone: (707) 542-6268 SUBDIVISIONS Fax: (707) 542-2106 SHEET 6 OF 8 APN 046-111-055 JULY 2016 CPI FILE NO. 6849-14 I I I I o 38.83' I I I w 1 �. i 7 "p0 0 co n o 3 aJ�1 k qK Q 0 (0coo a0 r7 a J o Q � � I 0 Wn W p 06 0 � � p z oo 3 W • 0 0 0 N WA TERS/DE S89'55'07"E 434.93' CN -� 396.10' S89'55'07"E 211.59' S89'S5'07"E 100.00' 31'47'18"_/ X31'47'18" L=10.82' L=11.37' R=19.50' R=20.50' X31'47'18" X31'47'18" L=11.37' L=10.82' R=20.50' R=19.50' A 13'25'45" E32.66' - R16.50' N6`45'18"W 16.50'(RADIAE) °' \� N22°51'23"E \ N �I //4.97 ' 17.74' ,�1 5WE DETAIL 'F' SEE SHEET 5 QIP 589'55'07'E 64.00' 31 '47'18" •L=11.37' R=20.50' 31 '47'18" L=10.82' R=19.50' PARCEL A PUBLIC PARK 309159 SF I I NO'04'53"E TOPOGRAPHIC 7.50' CONSTRUCTION 36'52' 12" - 31 '47' 18" L=13.19' L=10.82' N44'S8'16"W R=20.50' R=19.50' 30.35' V\ A-36*52'12" 31'47'18" L=12.55' L=11.37' N89'S5'07"W R=19.50' R=20.50' 54.40' S89'55'07"E 167.66' C S89'55'07"E 880.25' S89'55'07"E 446.00' LANE S89'55'07"E 300.00' 23' , I N - o S89'55'07"E C, --: r0SO*4'53"W \ 39.86' �� 1 X31'4718 12.00' L=11.37' - R=20.50' X31'47'18" L=11.37' - R=20.50' X31'47'18" L=11.37' - R=20.50' 31 *47'18" L=10.82' R=19.50' A---31'47'18" L=10.82' R=19.50' GRAPHIC SCALE -6a o 60 120 A ---31'4T18" L=11.37' R=20.50' v o 0 0 � NI `n 00 w 000 ih D to N �I 0 0 z I SO'04'53"W 69.00' ° WARMS TONE WAY I 0 0 Oil pl N ( IN FEET ) SO'04'53"W 1 nen = 60 ft. X31'47'18" 102 86' N89'55'07"W 460.00' L=11.37' R=20.50' 31 *47'18" L=11.37' N89'55'07"W R=20.50' 29.41'1 to Cj5 W h V I Wl'SDOM LANE N _ -N- -368.79-N--- � --------------------------------- ----------------- ' S89'55'07"E 385.44' S44'55'07"E 1 C11N 5'07"E S89'55 07 E S89'S5 07 E ao 1 �13s. oo' PUE .74' 84.65 S89'55 07 E 242.93 1 1 � 9.46' 11 23' 09'14"E SO'04'S3"W 18.10' "N 2.soswE i i 07' 41.49' n c - N8'13'32"E 46.24' 11'37"W X18'11'42" 1 1 a0 °a 11 01 Z ii 36.74 L=4.76' N8'13'32"E 35.30'11 � �i N O v s. oo' PUE 1'-s. oo' PUE R=15.00 r- I �� 0 0 2. so' swE 2. so' SWE I 1 X18'11'42" °' � 11- co o r 11 �I 11c,4 0) ao L=7.94 0 10 PDE ,, I1 iii N to R=25.00' NNII I� ➢ o • ;U I I If ''-r�M� c(0 . Z i� 11 z �Ia J U')MSI �� X11 23 1 I I w W N 5. 00 ' PUE I I 11 - x rl 11 PARCEL C PARCEL D , ,M `� N PARCEL E 2.50' SWE 1 65698 SF S11'13'43"E 76303 SF Q Q p 133178 SF 3.1 I I 1 , s89°55o7"E x011ROSE WAY I RADIAL BEAMING 5.10 0• I 10 0 I N43'11'13"E So'o4'S3"W (n ZI I V) 2.00 I 't ii n to,�A"E N90'00'00"E N10' PDE N�21 79.44' p co �� 415,,, 4 Z ,,,p`L, �� 4"E N90'00'00"E �6 �� 12�';� ��2'�233• 77.88'LO 3 ---6SO'01'31 "E 10.57' N g� SO'29'25"W 10.00' o i °p U-) N89'30'35"W- 184.21' 1 N i 184.24' \ - -\' N89'30'35"W 201.72' `SEE DETAIL 'F' 10' PSDE (SEE ABOVE) VALLEY 14.77N0'04'53"W 011 5.14' U) X23'04'26" 11 23' L=10.07' X93'47'20" A62°30 30" N 11 I L-15.24' it II LO R=25.00' L=40.92 L 11 R=25.00 R14.00'rI X35'26'20" � �I ii N OVERALL CURVE S89'59'S0"W 10.00' 12.52' L=15.46' ( ) MEI 1 R=25.00' DETAIL 'G' I I w 1 NOT TO SCALE II II rn X24'06'40" 11.44' PUE , II N89'30'35"W 223.84' l " ' r -� 23.27' PUE L=3.37, z 1 `� N89 30 35 W 391.44 R=8.00 1 I HOUSE S89'38'48"E 897.91' SEE DETAIL G ` 1 DRI VE LEGEND O SET 1/2" IRON PIPE, TAGGED P.L.S. 7935 00 SET 3" BRASS DISK, IN MONUMENT WELL STAMPED P.L.S. 7935 0 SET BRASS TAG STAMPED PLS 7935 SET ON TOP OF CURB ON A 4.75' EXTENSION OF THE PROPERTY LINE 0 SET NAIL & WASHER STAMPED P.L.S. 7935 • FND 1/2" IRON PIPE, TAGGED AS OTHERWISE NOTED. 0 FOUND 2" BRASS DISK, STAMPED AS NOTED IN MONUMENT WELL SUBDIVISION BOUNDARY EASEMENT BOUNDARY DN DOCUMENT NUMBER (R#) RECORD INFORMATION PDE PRIVATE DRAINAGE EASEMENT PAE PRIVATE ACCESS EASEMENT PME PRIVATE MAINTENANCE EASEMENT UE PRIVATE UTILITY EASEMENT PUE PUBLIC UTILITY EASEMENT SWE SIDEWALK EASEMENT BUE BENEFIT USE EASEMENT IFO IN FAVOR OF LME LANDSCAPE & MAINTENANCE EASEMENT MBE MAILBOX EASEMENT REFERENCE DATA R1 MAP OF "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL AND RIGHT OF WAY SURVEYS" DATED 1965-1966 ON FILE IN THE OFFICE OF COUNTY SURVEYOR. R2 PARCEL MAP NO. 3063 FILED IN BOOK 177 OF MAPS AT PAGE 20, SONOMA COUNTY RECORDS. R3 PARCEL MAP NO. 82 FILED IN BOOK 339 OF MAPS, PAGES 10-12, SONOMA COUNTY RECORDS. D1 DEED TO THE COUNTY OF SONOMA, 3477 OR 704 S.C.R. BASISA BEING NORTH 00'04'58" WEST PER THE CENTERLINE OF PETALUMA HILL ROAD BETWEEN MONUMENTS AS SHOWN ON THAT CERTAIN MAP ENTITLED "COUNTY OF SONOMA PETALUMA HILL ROAD CONTROL & RIGHT OF WAY SURVEYS RECORDED IN BOOK 155 OF MAPS AT PAGE 32, SONOMA COUNTY RECORDS. NOTES ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. SEE SHEET 8 FOR ALL LOCAL AGENCY REQUIRED INFORMATION. MAP SHEET SOUTHEAST ESTATES SUBDIVISION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES C INQ UINI & PAS S ARINO, INC. APN 046-111-055 JULY 2016 LAND SURVEYING 1360 No. Dutton Ave. Santa Rosa, Ca. 95401 Phone: (707) 542-6268 Fax: (707) 542-2106 SHEET 7 OF 8 CPI FILE NO. 6849-14 BOUNDARY TOPOGRAPHIC D CONSTRUCTION SUBDIVISIONS APN 046-111-055 JULY 2016 LAND SURVEYING 1360 No. Dutton Ave. Santa Rosa, Ca. 95401 Phone: (707) 542-6268 Fax: (707) 542-2106 SHEET 7 OF 8 CPI FILE NO. 6849-14 NOTES - - 78 79 84 85 4523 SF 14161 SF 4161 SF 4161 SF 3925 SF 74 77 80 83 86 1. IF PRIVATE SEWER LINES ARE SHARED OR IF THEY CROSS PROPERTY LINES 3650 SF 3650 SF 3375 SF 75 76 81 82 4173 SF 4161 SF 4161 SF 1 4161 SF 8 7 102 A 10' PRIVATE SEWER EASEMENT SHALL BE SHOWN ON THE FINAL MAP OR 3676 SF SF 3465 3483 3465 3483SF 3612 SF RECORDED BY SEPARATE DOCUMENT. IF DEVELOPMENT IS DONE SEPARATE 3612 SF SF SF 89 FROM RECORDATION OF A FINAL MAP, THE MAINTENANCE OF ANY PRIVATE 93 96 88 3574 90 91 92 3574 94 95 3997 SF __ __ __ __ __ __ __ ___ SEWER LINE SHALL BE INCLUDED IN THE MAINTENANCE AGREEMENT FOR SF 3423 3435 4407 SF SF SF SF SF SF SF THE OVERALL SITE(S) WHICH HAVE AN INTEREST IN THE PARTICULAR SEWER. PARCEL B 1 2 3 4 5 6 7 8 9 10 11 1 14 15 11210 SF 6700 5200 5200 5200 5200 5200 5200 5200 5200 5200 5200 52020 0 6566 3 6513 6100 2. PRIOR TO CITY COUNCIL APPROVAL OF THE FIRST SUBDIVISION FINAL MAP, SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF THE FRONTAGE IMPROVEMENTS ALONG PETALUMA HILL ROAD, BODWAY PARKWAY AND VALLEY HOUSE DRIVE SHALL BE DESIGNED BY THE PROJECT PROPONENT, SHOWN ON IMPROVEMENT PLANS REVIEWED AND APPROVED BY WILDFLOWER- WA Y (42' WIDE) THE CITY ENGINEER AND INCLUDED IN SUBDIVISION AGREEMENT TO BE i - - - - - - - - - - - - - - 1 - - - a CONSTRUCTED WITH THE FIRST PHASE OF CONSTRUCTION. 3. ALL FENCES, SOUNDWALLS AND RETAINING WALLS SHALL BE CONSTRUCTED i 56 ON PRIVATE PROPERTY AND MAINTAINED BY THE PRIVATE PROPERTY E 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 1 16 o OWNER, UNLESS SPECIFICALLY DEDICATED TO AND ACCEPTED BY THE CITY. 3566 S 55 57 3651 3530 3507 3651 3530 3651 3530 3651 3530 SF 3507 3530 3651 3507 3530 3651 4347 6463 SF 4. PROJECT BENCHMARK: AS DETERMINED LOCALLY BASED CONTROL POINT N0. SF SF SF SF SF SF SF SF SF SF SF SF SF SF SF 10 AS SHOWN ON THE UNDATED IMPROVEMENT PLANS FOR THE EASTSIDE 2103 SF 54 17 o U TRUNK SEWER, PHASE 2, PREPARED BY WINZLER & KELLY CONSULTING 51 48 46 40 37 5000 SF ENGINEERS, PROJECT NUMBER 2056-07-021, SHEET NO G-005. A 2 S 52 50 49 3673 47 3651 45 44 43 42 41 39 38 4513 TEMPORARY BENCHMARK WAS ESTABLISHED ON TOP OF THE BRASS DISK 53 3651 SF SF 3SF1 3651 SF MONUMENT MARKING THE CENTERLINE INTERSECTION OF BODWAY PARKWAY 3566 SF 3507 SF 3530 3507 3508 3530 3530 3507 3530 SF 3507 3508 18 AND CAMINO COLEGIO. TBM ELEVATION = 139.38 (CITY OF SANTA ROSA SF SF SF SF SF SF SF SF SF SF 5000 SF DATUM, NGVD 29) WINTERBE_RRY- _ _ _ _ LAN_E(WI)TH VARIES)_ _ 19 5000 SF 73 78 79 84 85 4523 SF 14161 SF 4161 SF 4161 SF 3925 SF 74 77 80 83 86 3765 SF 13650 SF 3650 SF 3650 SF 3375 SF 75 76 81 82 4173 SF 4161 SF 4161 SF 1 4161 SF 8 7 102 99 3676 SF 105 104 4SF4 3483 103 101 100 98F4294 102 99 SF 3465 3483 3465 3483SF 3612 SF SF 3612 SF SF SF 89 93 96 88 3574 90 91 92 3574 94 95 3997 SF 3435 3423 3435 SF 3423 3435 4407 SF SF SF SF SF SF SF 20 5000 SF 21 5000 SF GRAPHIC SCALE —100 0 100 200 22 5000 SF WA TERS/DE LANE (VAD1H VARIES) 23 ( IN F E E I ) 1 — — — — — — — — — — — — — — — — — W 5000 SF 1 inch = 100 ft. 24 5000 SF Q i 25 5000 SF i 1O 26 6178 SF i PARCEL A � RMSTONE I 309159 SF WA Y (42' WIDE) i PARCEL F 56788 SF 50.89 ACRES 28 i 5000 SF i 0 29 i 5000 SF 30 WISDOM LANE(WID1H VARIES) - - 5000 SF 31 5000 SF 1 I 32 i 5000 SF I33 I I 6213 SF PARCEL C PARCEL D PARCEL E 65698 SF 76303 SF 133178 SF WILDROSE I WAY (42' MADE) 00, 34 I 637 SF 35 238 SF I 36 1 4594 SF I VALLEY HOUSE DRIVE (WIDTH VARIES) LOCAL AGENCY SHEET SOUTHEAST ESTATES SUBDNLSION A SUBDIVISION OF THE LANDS OF PENN GROVE MOUNTAIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS DESCRIBED BY DOCUMENT NUMBER 2016-054215. LYING WITHIN THE COTATI RANCHO AND SECTION 31 T6N R7W M.D.M CITY OF ROHNERT PARK COUNTY OF SONOMA STATE OF CALIFORNIA 105 LOTS & 6 PARCELS 80.06 ACRES C INQ UINI & PAS S ARINO, INC. V LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. A TOPOGRAPHIC Santa Rosa, Ca. 95401 0 CONSTRUCTION Phone: (707) 542-6268 SUBDIVISIONS Fax: (707) 542-2106 SHEET 8 OF 8 APN 046-111-055 JULY 2016 CPI FILE NO. 6849-14 �LpHNERT pARg .� 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: September 13, 2016 Department: Development Services Division Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jette Selberg, Code Compliance Officer ITEM NO. 12 Agenda Title: Statement of Costs and Special Assessment on 6400 State Farm Drive, Rohnert Park CA to Recover Nuisance Abatement Costs RECOMMENDED ACTION: Adopt a resolution to approve a statement of costs and establish a special assessment against the vacant real property located at 6400 State Farm Drive, Rohnert Park, CA APN: 143-051-072 to recover nuisance abatement costs pursuant to Rohnert Park Municipal Code sections 1.24.200 and 1.27.060 and Government Code section 38773.5. BACKGROUND: During the second week in May, 2016, City staff (Staff) started to receive inquiries about the landscaping at 6400 State Farm Drive becoming overgrown, especially on the southern perimeter along Enterprise Dr. (Attachment 1). During the week of June 5-10, 2016, several citizens came into City Hall to complain about the unsightliness of the property. Staff also received complaints from several council members who stated that they had in turn received citizen complaints. On June 3, 2016, a Code Enforcement Case (Attachment 2) was initiated and a Preliminary Notice was sent (Attachment 3). On June 10, 2016, an email was sent by Jeff Beiswenger, Planning Manager to Michael Olson and Frank Faye, agents for the property owner, inquiring about maintenance of the property. The response was that they were working on it. A Notice of Violation was sent on June 14, 2016 (Attachment 4) because no work had taken place. During the week of June 20, 2016, the northern turf area of the property was mowed by the property owner. All other areas of landscaping were left unmaintained including a very visible section by the sidewalks on State Farm Dr. and Enterprise Dr. Pursuant to Chapters 1.24 and 1.26 of the Rohnert Park Municipal Code, when a nuisance goes unabated after a notice of violation has been issued, an administrative hearing shall be held to give the alleged violator an opportunity to contest the City's findings and to determine whether the City may abate the violations and recover its expenses. On June 29, 2016, the City notified 1 ITEM NO. 12 the property owner that a nuisance abatement hearing was scheduled for July 8, 2016. (Attachment 5). This notice ordered the owner to show cause why the City should not abate the nuisances and impose the costs on the owner. The property owner failed to appear for the hearing, which means the owner failed to exhaust the owner's administrative remedies and forfeits any right that may have existed to object to the existence of the violations and to City's right to abate. Director Masterson, the Hearing Officer, conducted the hearing and subsequently confirmed the violations on July 11, 2016. (Attachment 6). Director Masterson issued an order on July 19, 2016 that the violations be removed by July 29, 2016. The property owner did not comply. (Attachment 7) On July 15, 2016, the City opened bids to hire a landscape contractor to abate the nuisance. On July 28, 2016 the contract was executed with Coast Landscape Management and the abatement took place on August 1-4, 2015. Two invoices were submitted to the City on August 9, 2016 for the total amount of six thousand fifty eight dollars ($6,058.00). (Attachment 8) On August 11, 2016, the City sent the property owner a demand for payment (Attachment 10) for the abatement with cost summary (Attachment 9). The total cost to date on August 11, 2016 was twelve thousand eight hundred six dollars and fifty two cents ($12,806.52), which included abatement and staff costs. The property owner was given a deadline of August 29, 2016 to voluntarily remit this sum. The property owner has not responded to this demand letter and this invoice has not been paid. To date, the total cost of the City's code compliance effort is twelve thousand eight hundred six dollars and fifty two cents ($12,806.52). Additional costs, estimated to be approximately five thousand one hundred one dollar and eighty three cents ($5,101.83) (Attachment 14), are expected to be incurred as part of the hearing which includes the invoicing of the costs for publishing the public hearing notice (Attachment 11). At the present time, the property remains vacant and unmaintained. Additional abatement efforts appear necessary to address ongoing nuisances. Unless and until this situation is resolved, staff will periodically return to the Council to confirm and potentially assess these additional abatement costs. ANALYSIS: As was more particularly described above, after exhausting all attempts to gain voluntary compliance on the code violations through email, telephone, and violation notices, staff scheduled a noticed hearing for the unabated nuisances. The property owner failed to appear for the hearing and waived the opportunity to object to the violations, abatement efforts or imposition of costs. The Hearing Officer ordered that the violations be corrected within a reasonable specified time. The property owner failed to comply with the order and, as a result, the violations were abated by the City in order to protect the public's health, safety and welfare. The City incurred costs associated with this abatement, which it now seeks to formalize in a statement of costs and recover via a special assessment. 2 ITEM NO. 12 Pursuant to Rohnert Park Municipal Code Section 1.24.190, an accounting of expenses and statement of costs was prepared by staff. (Attachment 9) As required by Section 1.24.200, this Council meeting was set as the date for a formal hearing on these costs. The owner was provided timely notice of the statement of costs and this hearing via first class mail. (Attachment 13) Notice was also provided to other responsible parties at their known email addresses. A public hearing notice was published as required by the City's code as well. (Attachment 12) The owner and anyone liable to be assessed for the costs may attend this hearing to raise objections or protests. Per the Rohnert Park Municipal Code, the Council must review the statement of costs and consider any objections and at the conclusion of the hearing, adopt a resolution determining the costs of abatement. These costs may be established either as is presented in the statement of costs; or the Council can make any revisions, corrections, or modifications it deems necessary or just. The Council may also require, by resolution (Attachment 15), that the costs be collected as a special assessment on the property. Staff recommends doing so because the owner has been unwilling to comply voluntarily with any of the City's previous requests or orders. As required by Section 1.27.060, the owner has been provided timely notice of the potential recordation of a special assessment and has the opportunity to object to the imposition of a special assessment at this hearing. (Attachment 16) If the Council authorizes a special assessment, as recommended by staff, a Notice of Pending Special Assessment may be recorded against the property. The owner will have 45 calendar days after the adoption of the resolution to remit the monies due and owing to the City. If the debt remains outstanding after 45 days, the City Clerk will record the special assessment with the County Recorder. The property may be sold after three years by the tax collector for unpaid delinquent assessments. Once payment in full is received, the Director of Finance will record a notice of satisfaction or allow the owner to do so with the County Recorder. The City of Rohnert Park is authorized, pursuant to the Rohnert Park Municipal Code 1.24.190, to recover all costs associated with nuisance abatements including, but limited to notices, inspections, and hearings. Further, the City of Rohnert Park is authorized, pursuant to Rohnert Park Municipal Code 1.24.200, 1.27.060 and Government Code 38773.5, to place a special assessment against vacant real property for recovery of abatement costs. All required notices were served to the property owner, pursuant to the Rohnert Park Municipal Code 1.24.130. Staff has exhausted its administrative options to recover costs. Approving a statement of costs and establishing a special assessment is the next step in the City's procedures. A resolution to that effect is attached. The owner can avoid the imposition of a special assessment by repaying the debt within 45 days of the Council's adoption of the attached resolution. 3 ITEM NO. 12 STRATEGIC PLAN ALIGNMENT: This action is consistent with strategic plan Goal B to achieve and maintain financial stability. Recovering code compliance costs whenever possible reduces demand on the general Fund and helps the City maintain financial stability. OPTIONS CONSIDERED: Approve a Statement of Costs and Establish a Special Assessment Against the Property (Recommended Option). This option is consistent with the City's Municipal Code and Procedures and provides a mechanism for recovering the City's costs in preserving public health, safety and welfare when a property owner is not compliant. Allow an outside agency to attempt to collect the funds due. This option is not recommended because it is not consistent with the City's Municipal Code and Procedures; because it may not be successful given the owner's history of ignoring requests for payment; and because it would cost the City to engage a collection agency. Provide the property owner with more time to make the required payments to the City. This option is not recommended because of the owner's history of ignoring requests for payment. Abandon the process of recovering the costs for abatement. This is not recommended because of both the effort expended to abate the nuisance and the impacts on public health, safety and welfare. FISCAL IMPACT/FUNDING SOURCE: The City would recoup the actual expenses of seventeen thousand nine hundred eight dollars and thirty five cents ($17,908.35) which would offset General Fund Expenditures for this Code Compliance case. Department Head Approval Date: 8/30/2016 Finance Director Approval Date: 8/26/2016 City Attorney Approval Date: 8/31/2016 City Manager Approval Date: Attachments (list in packet assembly order): 1) Parcel Map 2) Case History 3) Preliminary Notice 6-3-16 4) Notice of Violation 6-14-16 5) Notice of Hearing 6-29-16 6) Weed Abatement Hearing Decision 7-11-16 7) Weed Abatement Hearing Order 7-19-16 8) Invoices from Coast Landscape management 2 ITEM NO. 12 9) Statement of Costs 10) Demand for Payment 8-11-16 11) Invoice for Public Hearing Notice on Unpaid Costs 12) Notice of Public Hearing Notice on Unpaid Costs 13) Notice of Hearing on Unpaid Costs 9-1-16 14) Statement of Hearing Costs 15) Resolution 16) Notice of Special Assessment Parcel Report County Assessor Information Situs Address: 6400 STATE FARM DR Situs CSZ: ROHNERT PARK, CA 94928 Owner: NORTH BAY COMMUNITY LLC In Care Of: Address: 2392 MORSE AVE CSZ: IRVINE CA 92614 Land Use: ONE STORY OFFICE BUILDING Tax Area: 007006 Jurisdiction: ROHNERT PARK Recording # : 2013 R 12206 5 Rec Date: 12/24/2013 Land Value: $7,644,750 Improvements: $5,099 Owner Exempt: $0 Subdivision: GIS Calculated Information Lot Acres: 29.77 Census Tract: 151305 Census Block: 1017 Parcel #: 143-051-072 8/22/2016 9:34:18 AM ROHNERT PARK EXPY N� 9�A F T O� ENTERPRISE DR Commercial Units: Residential Units: Bedrooms: Bathrooms: Main Bldg Sq Ft: 283,230 Year Built: 1978 Lot Acres: 0.00 Latitude: 38.3465 Longitude: -122.7032 This report is a user generated static output from an Internet mapping site and is for reference only. Data that appear on this report may or may not be accurate, current, or otherwise reliable. GIS Calculated Lot Acres is NOT official. Assessessor Data is maintained by Sonoma County. Print Code Enforcement Case Page 1 of 6 Code Enforcement Case: CE -16-0270 Entered on: 06/03/2016 08:19 AM Printed on: 08/31/2016 Topic: Weed Abatement Due Date: 06/24/16 Initiated bv: Other Status: Open Assigned To: Jette Selberg Permit #: Business name: License #: Property Location Occupant Name: Address: 6400 STATE FARM DR, 94928 Phone: Cell #: APN : 143-051-072 Owner Information Owner Name: NORTH BAY COMMUNITY LLC Address: 2392 MORSE AVE IRVINE, CA 92614 Phone: Cell #: Actions Action By Date Time Hours Note/Observation Conference Mary Grace06/03/2016 5:15 am 0.50 Discussion about starting case. Inspection Jette 06/03/2016 7:55 am 0.12 Tall weeds over entire property. Selberg Complaint Jette 06/03/2016 8:16 am 0.00 Request 11400 -Neil Way - Tall weeds over Selberg entire property. Courtesy Notice Jette 06/03/2016 8:20 am 0.25 Send to (Owner) Selberg Case Notes Jette 06/07/2016 12:13 pm 0.25 Two citizens came to front desk to complain Selberg about property. I told them that there is a current case and that they can contact me if they have questions about the progress. Phone Call Jette 06/09/2016 11:44 am 0.25 Phone call from council member saying he Selberg was receiving a lot of complaints about the property. I told him about the current case and the next action to be taken. Case Notes Jeff 06/10/2016 0.25 Emails between Jeff Beiswenger and Beiswenger Michael Olson: Hi Michael/Frank, I just learned that the Code Compliance Officer is sending out a notice of violation which could lead to fines and other unpleasantness. I just wanted give you guys a heads up so you are not surprised. From your earlier e-mail, it sounds like you are on it anyway, so it shouldn't be an issue. Once you get the violation notice you have 10 days before the fines kick -in. If you think you are going to need extra time, I would recommend reaching out to the Code Compliance Officer, Jette Selberg (cc'd on this e-mail). She is very reasonable. http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curtd=1106248&type=0 8/31/2016 Print Code Enforcement Case Page 2 of 6 Thanks again, Jeff From: Beiswenger, Jeffrey Sent: Friday, June 10, 2016 4:08 PM To: 'Michael Olson'; Frank Faye Cc: Pawson, Mary Grace Subject: RE: Rohnert Crossings site conditions Thank you Michael. From: Michael Olson [mailto:molson@argentmanagementllc.com] Sent: Friday, June 10, 2016 3:25 PM To: Beiswenger, Jeffrey; Frank Faye Cc: Pawson, Mary Grace Subject: RE: Rohnert Crossings site conditions Working on it, thanks Jeff. Have a good weekend, Michael Michael Olson SunCal/Argent Management LLC Michaelolson51 @gmail.com 925-980-9595 From: Beiswenger, Jeffrey [mailto:J Beiswenger@rpcity.org] Sent: Friday, June 10, 2016 9:34 AM To: Michael Olson; Frank Faye Cc: Pawson, Mary Grace Subject: Rohnert Crossings site conditions Hello Michael and Frank, Just a friendly reminder to keep your property maintained. It appears that the Rohnert Crossing site is in need of some TLC. It is getting overgrown with weeds these days and we are starting to get complaints. Can you send out a maintenance crew? Thanks! Jeff Jeffrey S. Beiswenger, AICP Planning Manager jbeiswenger@rpcity.org City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 (707) 588-2253 Direct (707) 794-9242 FAX Notice of Violation Jette 06/14/2016 10:10 am 0.25 Send to (Owner) Selbero Phone Call 06/17/2016 10:00 am 0.15 http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Print Code Enforcement Case Page 3 of 6 Jay Spoke with Michael Olson about high weeds Bradford and grass abatement at 6400 State Farm Dr. He Stated his landscaping contractor would be out the abate the property the next day. Other Jay 06/18/2016 0.00 6400 State Farm Dr property partially Bradford abated. Phone Call Jay 06/29/2016 9:30 am 0.15 Spoke with Michael Olson about high weeds Jay Bradford Bradford Building Official and grass abatement on Enterprise Dr. He Development Services Case Notes Jette 07/01/2016 11:50 am Stated his landscaping contractor would be Selberg Hearing. Case Notes out the abate the property July 11th 2016. Inspection Jette 06/29/2016 3:30 pm 0.12 Photos taken of Enterprise Dr and State Jette 07/08/2016 11:00 am Selberg Selberg Farm Dr. Notice of Hearing - Unabated Nuisance Jette 06/29/2016 4:51 pm 0.50 > Hearing Date: 07/08/2016, > Hearing Selberg Time: 11:00 am, Send to (Owner) Other Jay 07/01/2016 11:00 am 0.15 Michael, Bradford I wanted to update you on our code compliance process. I have attached a notice sent to the owners of the property about hearing being held for unabated nuisances. If you would like future notices to be mailed to you please provide me your mailing address. I am emailing this notice as a onetime courtesy. Furthermore I would like to be proactive and request authorization to access the property to abate the nuisance. Note that if the hearing officer finds in the city's favor we will obtain a warrant to enter and abate the property. Also I do appreciate your quick response to my previous request and understand scheduling conflicts with the landscaping contractor. I would like to avoid and this process entirely but if we are unable to get this resolved this time I would appreciate your help keeping the property maintained on a regular basis. If you have any questions or concerns please feel free to contact me. Conference Jay 07/08/2016 11:00 am 1.00 Abatement Hearing at Public Safety. Bradford Case Notes Jay 07/11/2016 0.00 Received hearing officer's decision Bradford Phone Call JAy 07/18/2016 1:00 pm 0.15 Spoke with Michael Olson about high weeds Bradford and grass abatement at 6400 State Farm Dr. He Stated his landscaping contractor would be out the abate the property the next day. Case Notes Jay 07/18/2016 1:36 pm 6.00 Drafted Access Request document in Bradford preparation for warrant and coordination with http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Regards, Jay Bradford Building Official Development Services Case Notes Jette 07/01/2016 11:50 am 1.00 Staff report prepared for Abatement Selberg Hearing. Case Notes Jette 07/08/2016 8:30 am 0.50 Photos of property taken and collage created Selberg for Abatement Hearing. Conference Jette 07/08/2016 11:00 am 1.00 Abatement Hearing at Public Safety. Selberg Conference Mary Grace 07/08/2016 11:00 am 1.00 Abatement Hearing at Public Safety. Pawson Conference Jay 07/08/2016 11:00 am 1.00 Abatement Hearing at Public Safety. Bradford Case Notes Jay 07/11/2016 0.00 Received hearing officer's decision Bradford Phone Call JAy 07/18/2016 1:00 pm 0.15 Spoke with Michael Olson about high weeds Bradford and grass abatement at 6400 State Farm Dr. He Stated his landscaping contractor would be out the abate the property the next day. Case Notes Jay 07/18/2016 1:36 pm 6.00 Drafted Access Request document in Bradford preparation for warrant and coordination with http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Print Code Enforcement Case Case Notes Other Jay 07/19/2016 0.00 Received hearing officer's order Bradford Jay 07/19/2016 4:52 pm 0.15 Bradford Page 4 of 6 From: Bradford, Jay Sent: Thursday, August 11, 2016 5:05 PM To: 'ffaye@suncal.com' <ffaye@suncal.com>; 'molson@argentmanagementl Ic.com' <molson@argentmanagementllc.com> Subject: RE: 6400 State Farm Dr CE -16- 0270 Michael, I wanted to update you on our code compliance process. On August 1st through 4th the subject property was abated. I have attached a Demand Letter and Summary of Cost mailed to yourself and the owners of the property outlining the cost of the abatement. Please note that the Demand Letter also included information on payment, the process if payments are not made and additional required maintenance. If there are any questions or additional information is need please feel free to follow up with me directly. Case Notes jay 08/15/2016 4:03 pm 0.15 From: Bradford, Jay Bradford Sent: Friday, August 12, 2016 4:03 PM To: 'Michael Olson' <molson@argentmanagementllc.com> Subject: RE: 6400 State Farm Dr CE -16- 0270 Michael, Is it possible we can set up a call next week sometime? If so can you let me know your availability? Regards, Jay Bradford Inspection Jette 08/16/2016 2:00 pm 0.15 Site inspection. No current violations, but Selberq weeds in turf area by RPX starting to qrow. http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Regards, Jay Bradford Inspection Jette 08/01/2016 10:15 am 0.12 Photos taken during weed abatement Selberg process. Inspection Jette 08/02/2016 12:15 pm 0.12 Photos taken during weed abatement Selberg process. Inspection Jette 08/03/2016 11:35 am 0.12 Photos taken during weed abatement Selberg process. Case Notes Jay 08/09/2016 4.00 Statement of Costs preparation Bradford Case Notes Jette 08/09/2016 9:48 am 1.00 Prepare Statement of Costs. Selberg Case Notes Jette 08/10/2016 11:33 am 1.00 Prepare Demand Letter. Selberg Case Notes bradford 08/11/2016 3.00 Demand Letter preparation Case Notes Jette 08/11/2016 0.50 Demand letter delivered to post office. Selberg Case Notes Jette 08/12/2016 10:59 am 1.00 Preparation of Resolution. Selberg Case Notes Jette 08/15/2016 11:10 am 1.00 Preparation of City Council Staff Report. Case Notes jay 08/15/2016 4:03 pm 0.15 From: Bradford, Jay Bradford Sent: Friday, August 12, 2016 4:03 PM To: 'Michael Olson' <molson@argentmanagementllc.com> Subject: RE: 6400 State Farm Dr CE -16- 0270 Michael, Is it possible we can set up a call next week sometime? If so can you let me know your availability? Regards, Jay Bradford Inspection Jette 08/16/2016 2:00 pm 0.15 Site inspection. No current violations, but Selberq weeds in turf area by RPX starting to qrow. http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Print Code Enforcement Case Page 5 of 6 Phone Call jay 08/18/2016 8:39 am 0.06 Voicemail to Michael Olson regarding Bradford Development Services condition of property. Case Notes Jay 08/19/2016 6.00 Council hearing prep resolution and Staff Bradford Bradford report Case Notes Jette 08/19/2016 12:27 pm 2.00 Preparation of City Council Staff Report. Selberg Phone Call Jay 08/22/2016 4:02 pm 0.15 Call to Michael Olson regarding cost of up Bradford coming abatement activities. Case Notes Jette 08/25/2016 4.00 Preparation of Hearing on Statement of Selberg Costs and Public Hearing Notice. Case Notes Jay 08/29/2016 2.00 Preparation of Hearing on Statement of Bradford Costs. Case Notes Jay 08/30/2016 4.00 Preparation of Public Hearing Notice. Bradford Case Notes Jette 08/30/2016 4.00 Staff Report and Hearing on Statement of Selberg Cost Preparation Other Jay 08/30/2016 2:00 pm 0.15 From: Bradford, Jay Bradford Sent: Tuesday, August 30, 2016 2:21 PM To: 'Michael Olson' <molson@argentmanagementllc.com>; 'ffaye@suncal.com' <ffaye@suncal.com> Subject: 6400 State Farm Dr Michael and Frank, I wanted to keep you in the loop. Michael when we spoke on the 8/22, 1 mentioned that the city would be moving forward with the next phase of abatement activities and mitigation measures. I also mentioned that I thought there would be significant cost associated with the next phase. Below is the price breakdown. 1. -Exterior cleanup monthly rate: $2,786/month 2. -Interior weed maintenance: $2999/quarter of a year 3. -Interior cleanup: $6,900 4. -One-time watering of 538 redwood trees: $15,687 Items 1-4 are scheduled during the next abatement activity (note this does not include staff time). If you look at this as an annual cost it would be roughly $67,979. So as I mentioned before I would high suggest looking into providing ongoing landscape maintenance which includes watering stressed / dying and trees that present hazard to the public. If you have any questions or concerns please feel free to contact me directly. http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Regards, Jay Bradford Building Official Development Services Case Notes Jette 08/31/2016 4.00 Staff Report and Hearing on Statement of Selberg Cost Preparation Case Notes Jay 08/31/2016 8.00 Staff Report and Hearing on Statement of Bradford Cost Preparation http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Print Code Enforcement Case Page 6 of 6 1 Violations Violation Type Due Date Status Closed Date 1 Overgrown Vegetation Open Corrections Required:Tall weeds growing over entire property. Please cut and maintain property. Additional Addresses Address Type:Complainant Address Type: Name:Neil Way Name:Michael Olson SunCal/Argent Management LL Address:884 Hudis Street Address: Rohnert Park, CA 94928 Phone:(707) 529-8122 Cell #: Phone: 925-980-9595 Cell #: Inspection Notes Date: Time: Findings: http://user.govoutreach.com/rohnertpark/ceprintrequest.php?curld=1106248&type=0 8/31/2016 Q,,Ok a RT pgsq 9 Attachment 3 to Staff Report 'CAtPYQRHl� PRELIMINARY NOTICE TO CORRECT VIOLATION(S) (Rohnert Park Municipal Code § 1.24.120) BY FIRST CLASS MAIL NORTH BAY COMMUNITY LLC 2392 MORSE AVE IRVINE, CA 92614 Date: June 3, 2016 CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.rpcity.org Address of Violation: 6400 STATE FARM DR ROHNERT PARK CA, APN #: 143-051-072, Case #: CE 16- 0270 This is a Courtesy Notice, issued pursuant to Section 1.24.120 of the Rohnert Park Municipal Code ("RPMC"), that violation(s) of the RPMC exist on the property located at the above -referenced address. The City of Rohnert Park ("City") records show that the addressee(s) identified above are the owner(s) and/or responsible party(ies) for such property. On June 3, 2016, the City inspected the property and determined that violation(s) exist, as described below. The violation(s) also constitute a public nuisance as defined in Chapter 1.24 of the RPMC. By this letter, the City hereby requests that the violation(s) be corrected within the time frame specified below. Violation #1: RPMC § 1.24.030 D. 15; RPMC § 8.08.0 10 - Prohibits dead, decayed, diseased, or hazardous trees, weeds, and overgrown or uncultivated vegetation which are allowed to remain on property for at least seventy-two consecutive hours, which are a hazardous condition to pedestrian or vehicular traffic or which are likely to harbor rats, vermin, or constitute visual blight, or which may cause a danger to public safety. Description/Correction of Violation: Tall weeds growing over entire property. Please cut and maintain property. Correction Date for Violation: June 13, 2016 Declaration of Public Nuisance: In the event that the above referenced violation(s) are not timely corrected, a declaration of public nuisance can be recorded against this property with the County Recorder pursuant to RPMC § 1.24.230. Additionally, your mortgage holder can be notified of this violation. Abatement: In addition to any other remedies available to the City, the City may take abatement action to remove or correct the violation if the violations are not corrected within the date specified. All abatement costs including legal and administrative costs will be billed to the property owner and, if unpaid, may be recovered as a lien on the property, as provided for in RPMC section 1.24.230. The purpose of this courtesy Preliminary Notice to Correct Violations is to achieve voluntary compliance with the Municipal Code. If you have any questions regarding this Notice or the nuisance abatement action required of you, or you desire to explain why the property should not be declared a public nuisance and why penalties should not be assessed, feel free to call me at (707) 588-2249 or send an email to jselberg(&p2city.org. Sincerely, "- SO&O Jette Selberg Code Compliance Officer (707) 588-2249 jselberggp2city.org Photographs IMG 7497.JPG IMG_7499.JPG IMG 7498.JPG Attachment 4 to Staff Report CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.rpci!y.org NOTICE OF VIOLATIONS / ORDER TO ABATE VIOLATIONS (Rohnert Park Municipal Code § 1.24.140) BY FIRST CLASS MAIL AND REGISTERED MAIL NORTH BAY COMMUNITY LLC 2392 MORSE AVE IRVINE, CA 92614 Date: June 14, 2016 Address of Violation: 6400 STATE FARM DR ROHNERT PARK CA, AVN #: 143-051-072, Case #: CE 16- 0270 NOTICE IS HEREBY GIVEN, pursuant to Chapter 1.24 of the Rohnert Park Municipal Code ("RPMC") that a City Code Compliance Officer has determined that violation of the RPMC exists on the property located at the above referenced address. You were previously notified to correct these violations on June 3, 2016. On June 3, 2016, the City re -inspected the property and determined that violation(s) still exist as described below. The violation(s) constitutes a public nuisance as defined in Chapter 1.24 of the RPMC. You are hereby ORDERED to abate these violation(s) within the timeframe indicated on this notice. Violation #1: RPMC § 1.24.030 D. 15; RPMC § 8.08.010 - Prohibits dead, decayed, diseased, or hazardous trees, weeds, and overgrown or uncultivated vegetation which are allowed to remain on property for at least seventy-two consecutive hours, which are a hazardous condition to pedestrian or vehicular traffic or which are likely to harbor rats, vermin, or constitute visual blight, or which may cause a danger to public safety. Description/Correction of Violation: Tall weeds growing over entire property. Please cut and maintain property. Correction Date for Violation: June 24, 2016 Administrative Citation: If you fail to correct violations by June 24, 2016 an administrative citation will be issued (RPMC § 1.25). Each day that any such violation continues shall constitute a separate offense with an independent fine. A fine for the first violation not exceeding one hundred dollars ($100); a fine for the second violation not exceeding two hundred dollars ($200) for a second violation of the same code provision within a twelve month period; a fine not exceeding five hundred ($500) for each additional violation of the same code provision within a twelve month period. The City may also pursue other legal remedies available if you fail to comply. Notice of Administrative Hearing: Notice is hereby further given that, if you have not made the required corrections by the specified compliance date, the undersigned Code Compliance Officer may schedule a hearing before an Administrative Hearing Officer to obtain an administrative order directing your compliance. In that event, the City will notify you of the date and time of the hearing. If you fail to appear at that hearing, or the hearing officer orders you to abate the nuisance and you fail to do so within the specified time, the City will abate the nuisance at your expense and the costs of such abatement may be charged against the property as a lien or special assessment. Alternative remedy: Any person violating the provisions or failing to comply with any mandatory requirement of the ordinances of the City is guilty of an infraction, unless the violation is specifically identified as a misdemeanor. In addition to or in lieu of the remedies provided in Section 1.16.010, for infractions and misdemeanors, the City Attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain an enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the abatement of a violation of this code which constitutes a public nuisance is assessed against any property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in the manner provided for by Government Code Section 38773.5. (RPMC § 1.16.020). Declaration of Public Nuisance: A declaration of public nuisance can be recorded against this property with the County Recorder (RPMC § 1.27.050). Additionally, your mortgage holder can be notified of this violation. Abatement: The City may take abatement action to remove or correct the violation if the violations are not corrected within the date specified. All abatement costs including legal and administrative costs will be billed to the property owner and may be recovered as a lien on the property, as provided for in RPMC section 1.27.060. If you have any questions regarding this Notice and Order or the nuisance abatement action required of you, feel free to call me at (707) 588-2249 or send an email to jselberg&rpcity.org. Sincerely, Jette Selberg Code Compliance Officer (707) 588-2249 jselbergkKpci1y.org Photographs r IMG 7496.JPG IMG 7497.JPG IMG_7498.JPG IMG 7499.JPG PROOF OF SERVICE BY MAIL CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.rpcit�org I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. 1 am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On June 14, 2016, I served the following person: NORTH BAY COMMUNITY LLC at: 2392 MORSE AVE IRVINE, CA 92614 by mailing a true copy of. Notice of Violation I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California. Executed at Rohnert Park, California, on the 14th day of June, 2016. Signed: „i Attachment 5 to Staff Report ::1 CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.rpci!y.org NOTICE OF HEARING ON UNABATED NUISANCE (Rohnert Park Municipal Code § 1.24.150) BY FIRST CLASS MAIL AND REGISTERED MAIL NORTH BAY COMMUNITY LLC 2392 MORSE AVE IRVINE, CA 92614 Date: June 29, 2016 Address of Violation: 6400 STATE FARM DR ROHNERT PARK CA, APN #: 143-051-072, Case #: CE 16- 0270 You were previously notified to correct violation(s) of the Rohnert Park Municipal Code (RPMC) that exist on the property at the above referenced address by a Preliminary Notice on June 3, 2016 and by a Notice and Order to Abate on June 14, 2016. On June 29, 2016, the City re -inspected the property and determined that violation(s) still exist. Hearing Scheduled: Due to your failure to comply, the City Manager or his designee has determined that the facts and circumstances of the nuisance require City action to abate the nuisance. NOTICE IS HERBY GIVEN, pursuant to RPMC 1.24.150, that a hearing shall take place on this matter on July 8, 2016 at 11:00 a.m. at 500 City Center Dr. Hearing Procedures: At that hearing, you are ORDERED TO SHOW CAUSE why the City should not be allowed to enter the property to abate the identified nuisances in the manner described in the notices and why the City should not be allowed to assess the costs thereof to the owner. The hearing will be conducted in the manner set forth in RPMC 1.26.050. A courtesy copy of that code section is attached hereto, as Exhibit A, for your convenience. If you appear at the hearing, pursuant to RPMC 1.26.050, within ten (10) days after the conclusion of the hearing, the hearing officer will issue a written decision and, where applicable, an order of abatement. If the nuisance is not abated within the time provided, the nuisance shall be abated by the City at the owners' expense and the expenses may be made a lien or a special assessment against the property. If you fail to appear at that hearing, the City will abate the nuisance at your expense and the costs of such abatement may be charged against the property as a lien or special assessment. The decision of the hearing officer is final with no right of appeal to any city employee, officer or legislative body. In the event that legal action is instituted by either the owner or city in any manner relating to the abatement of the nuisance, note that the prevailing party may seek recovery of its costs and attorneys' fees. If you have any questions regarding this Notice of Hearing, feel free to call me at (707) 588-2249 or send an email to jselbergkrpcity.org. Sincerely, Jette Selberg Code Compliance Officer (707) 588-2249 jselbergkEpcity.org Photographs a Iwo IMG 4:. '• . a Alm �_ M.J i 4 - IMG 7694.JPG IMG 7695.JPG CITE' OF ROHNERT PARI DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.rpcitor I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. I am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On June 29, 2016, I served the following person: NORTH RAS' COMMUNITY LLC at: 2392 MORSE AVE IRVINE, CA 92614 by mailing a true copy of. Notice of Hearing - Unabated Nuisance I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class and registered postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California. Executed at Rob nprt Park, California, on the 29th day of June, 2016. Signed• -� 1 I, o • • ® • • • ■Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X 13 Agent so that we can return the card to you. ®Addressee ■ Attach this card to the back of the mailpiece, B. Receiv d y (Pr' d Name C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. is delivery ad ess different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No � 3 9590 9402 1590 5362 0042 32 A.ai..l� N,,.nh— T—f r frnm caniira lahal) 7015 1730 0001 6366 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Typeriority ❑ Adult Signature Mall Express® NZIoistered MallM Signature Restricted Delivery ❑ Registered Mail Restricted Rduct artified Mali® Delivery ertified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery CJ Signature Confirmation r"" ill ❑ Signature Confirmation 31,1, 3 111 Restricted Delivery Restricted Delivery Domestic Return Receipt m rn Ce-(., rtifiedMail Fe------ m $ Extra Services & Fees(checkbox, -add lee as appropriate) El Return Receipt (hardcopy) $ E] Return Receipt (electronic) Postmark E] Certified Mail Restricted Delivery $ Hale C3 E] Adult Signature Required $ E] Adult Signature Restricted Delivery $ C3 Postage m $ r,q Total Postage and Fees $ Lr) Sen o ffl-A r=1 C3 ------- ---- 0 Weed Abatement Hearing Property Address: 6400 State Farm Drive July 8, 2016;11:00 am Present: Public Safety Director Brian Masterson, Code Compliance Officer Jette Selberg, Building Official Jay Bradford, Development Services Director Mary Grace Pawson, Administrative Assistant Catherine Colburn Abatement Hearing: Case # CE16-0270 Administrative Hearing began at 11:25 am at 500 City Center Drive, Rohnert Park, CA 94928. Administrative hearing is for the property located at 6400 State Farm Drive. City is represented by individuals above, but nobody represented by North Bay Community LLC (Suncal). Jette Selberg summarizes the weed nuisance on 6400 Enterprise Drive in Rohnert Park CA. Complaints received from residents the second week of May 2016 regarding tall weeds along Enterprise Drive and State Farm Drive. Jette sent a preliminary notice letter regarding the abatement on June 3, 2016 to property owners. But nothing was done. An email was sent to Michael Olson, agent for the property owner, inquiring about the maintenance of the property. We received an email back from Michael Olsen about taking care of the property. Sometime during the week of June 5-10 2016, we received more complaints from citizens coming into the front desk at City Hall. There was an abatement of the turf area on State Farm at Rohnert Park Expressway. Area was mowed, but nothing was done to weeds that boarded the landscape area on Enterprise Drive and State Farm Drive. Second violation notice was mailed on June 14, 2016 which was the notice of violation, the order to abate. Again no response from property owner. On June 29° 2016 we sent the notice of hearing on unabated nuisance which brought us here today. We did receive a return receipt from that letter. Jette took some pictures on July 8, 2016 that showed nothing has been done as far as weed abatement. We are now dealing with a clear vision triangle problem at the corner of State Farm and Enterprise Drive. Based on the case records for the property on State Farm Drive, the property owners have been officially noticed three times in the month of June 2016 that they need to address the weed problems on the State Farm property. They have been noticed though certified mail. We hoped Mr. Olson would be here today. We haven't heard anything about him attending this meeting. Hearing completed on 11:30am. Hearing scheduled for 11:OOam. We waited 20 minutes in hopes that Mr. Olson or a representative from the property management at 6400 State Farm Drive would be here, but no one showed up. This will conclude our administrative hearing. Findings from Administrative Hearing: Based on findings from hearing and testimony from Jette Selberg, we find North Bay Community LLC in violation of Rohnert Park Municipal Code (RPMC) 1.24.030 D. 15- Prohibits dead, decayed, diseases, or hazardous trees, weeds, and overgrown or uncultivated vegetation which are allowed to remain on property for at least seventy-two consecutive hours, which are a hazardous condition to pedestrian or vehicular traffic or which are likely to harbor rats, vermin, or constitute visual blight, or which may cause a danger to public safety. The site has had overgrown and uncultivated vegetation for more than seventy-two consecutive hours. Photos provided by Code Compliance Officer Jette Selberg. Sincerely, 811,� r4 Flu� Brian Masterson Director of Public Safety SOUTH ENTRANCE OFF ENTERPRISE DR. STATE FARM/ENTERPRISE ENTERPRISE DR WESTBOUND m STATE FARM -NORTHBOUND ALL PHOTOS TAKEN ON 7/8/2016 STATE FARM -NORTHEAST 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 CITY OF ROHNERT PARK IN RE: NORTH BAY COMMUNITY LLC ORDER FOLLOWING HEARING ON NOTICE OF VIOLATIONS/ORDER TO ABATE VIOLATIONS DATE: July 8, 2016 TIME: 11:00 a.m. Location: 500 City Center Drive Rohnert Park, California 94928 RIV #4846-1338-2453 v1 - I - ORDER FOLLOWING HEARING ON NOTICE OF VIOLATIONS/ORDER TO ABATE VIOLATIONS 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 Pursuant to Rohnert Park Municipal Code ("RPMC") section 1.24.150, a hearing was held on the Notice of Violations/Order to Abate Violations (the "Notice"), which was served upon North Bay Community, LLC (the "Owner") on June 14, 2016, by Code Compliance Officer Jette Selberg of the City of Rohnert Park (the "City"). A true and correct copy of the Notice is attached hereto as Exhibit "A." The purpose of the hearing was to determine whether or not to uphold the Notice, which addressed alleged violations of the RPMC relating to the real property located at 6400 State Farm Drive in Rohnert Park (the "Property"). On July 11, 2016, a separate written document was issued which is deemed by this order to constitute a summary of the hearing and findings of fact determining that the Property was in fact in violation of RPMC section 1.24.030 D.15 as alleged in the Notice. A true and correct copy of the July 11, 2016, summary and findings is attached hereto as Exhibit `B," and incorporated herein by this reference. This hearing officer, having jurisdiction over the subject matter of the hearing and having considered the evidence presented at the hearing and the written evidence submitted by the City, further orders as follows: 1. The Notice is upheld in its entirety. The violations existing on the Property constitute a public nuisance per se as provided by RPMC section 1.24.030 D.15. 2. The Owner is ordered to abate the nuisance within ten (10) calendar days of the mailing of this order, or by Friday, July 29, 2016, whichever is later. 3. If the nuisance is not abated within the time provided, the nuisance shall be abated by the City at the Owner's expense and the expenses may be made a lien or special assessment against the Property. 4. After July 29, 2016, the City shall be authorized, either by consent of the Owner or via an abatement warrant to be issued by the Sonoma County Superior Court, to enter the Property to abate, at the Owner's expense, the public nuisances and code violations without further notice to the Owner, other than to request consent for entry. R1V #4846-1338-2453 v1 -2- ORDER FOLLOWING HEARING ON NOTICE OF VIOLATIONS/ORDER TO ABATE VIOLATIONS 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 5. The nature of the violations is such that they are likely to recur after the abatement on the Property. Following abatement, the Owner is ordered to continue to maintain the Property on an ongoing basis in compliance with all provisions of the RPMC. Specifically, the Owner is ordered to inspect all vegetation on the Property on the 1St and 15th of the month and take all actions reasonably necessary to ensure that it does not become overgrown, dead, decayed, or otherwise in violation of RPMC section 1.24.030 D.15. This provision is valid for twelve (12) months from the date of this order. Should the Owner fail to comply with this provision, the City may abate the nuisance without the issuance of any further written notice to the Owner at the Owner's expense, pursuant to paragraphs 3 and 4 above. 6. The Owner may contest this decision by filing a petition for review with the Superior Court in Sonoma County in accordance with the timelines and procedures specified in Government Code section 53069.4. The City Attorney has determined that this violation does not implicate a First Amendment right; therefore, the order shall not be suspended until judicial remedies are exhausted. IT IS SO ORDERED. Date: l IV XZ-m-I'Aistrative hearing officer Brian Masterson RIV #4846-1338-2453 v1 -3 - ................ ORDER FOLLOWING HEARING ON NOTICE OF VIOLATIONS/ORDER TO ABATE VIOLATIONS Weed Abatement Hearing Property Address: 6400 State Farm Drive July 8, 2016; 1.1:00 ani Present: Public Safety Director Brian Masterson, Code Compliance Officer Jette Selberg, Building Official Jay Bradford, Development Services Director Mary Grace Pawson, Administrative Assistant Catherine Colburn Abatement Hearing: Case # CE16-0270 Administrative Hearing began at 11:25 am at 500 City Center Drive, Rohnert Park, CA 94928. Administrative hearing is for the property located at 6400 State Farm Drive. City is represented by individuals above, but nobody represented by North Bay Community LLC (Suncal). Jette Selberg summarizes the weed nuisance on 6400 Enterprise Drive in Rohnert Park CA. Complaints received from residents the second week of May 2016 regarding tall weeds along Enterprise Drive and State Farm Drive. Jette sent a preliminary notice letter regarding the abatement on June 3, 2016 to property owners. But nothing was done. An email was sent to Michael Olson, agent for the property owner, inquiring about the maintenance of the property. We received an email back from Michael Olsen about taking care of the property. Sometime during the week of June 5-10 2016, we received more complaints from citizens coming into the front desk at City Hall. There was an abatement of the turf area on State Farm at Rohnert Park Expressway. Area was mowed, but nothing was done to weeds that boarded the landscape area on Enterprise Drive and State Farm Drive. Second violation notice was mailed on June 14, 2016 which was the notice of violation, the order to abate. Again no response from property owner. On June 29° 2016 we sent the notice of hearing on unabated nuisance which brought us here today. We did receive a return receipt from that letter. Jette took some pictures on July 8, 2016 that showed nothing has been done as far as weed abatement. We are now dealing with a clear vision triangle problem at the corner of State Farm and Enterprise Drive. Based on the case records for the property on State Farm Drive, the property owners have been officially noticed three times in the month of June 2016 that they need to address the weed problems on the State Farm property. They have been noticed though certified mail. We hoped Mr. Olson would be here today. We haven't heard anything about him attending this meeting. Hearing completed on 11:30am. Hearing scheduled for 11:OOam. We waited 20 minutes in hopes that Mr. Olson or a representative from the property management at 6400 State Farm Drive would be here, but no one showed up. This will conclude our administrative hearing. Findings from Administrative Hearing: Based on findings from hearing and testimony from Jette Selberg, we find North Bay Community LLC in violation of Rohnert Park Municipal Code (RPMC) 1.24.030 D. 15- Prohibits dead, decayed, diseases, or hazardous trees, weeds, and overgrown or uncultivated vegetation which are allowed to remain on property for at least seventy-two consecutive hours, which are a hazardous condition to pedestrian or vehicular traffic or which are likely to harbor rats, vermin, or constitute visual blight, or which may cause a danger to public safety. The site has had overgrown and uncultivated vegetation for more than seventy-two consecutive hours. Photos provided by Code Compliance Officer Jette Selberg. Sincerely, 81� 4;�� Brian Masterson Director of Public Safety CITY OF ROHNERT PARK �ti�liM1l:Ri �Akd DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 fAF 1117 R^'i� Web: www.rgTcity.org NOTICE OF VIOLATIONS / ORDER TO ABATE VIOLATIONS (Rohnert Park Municipal Code § 1.24.140) BY FIRST CLASS MAIL NORTH BAY COMMUNITY LLC 2392 MORSE AVE IRVINE, CA 92614 Date: June 14, 2016 Address of Violation: 6400 STATE FARM DR ROHNERT PARK CA, APN #: 143-051-072, Case #: CE16- 0270 NOTICE IS HEREBY +GIVEN, pursuant to Chapter 1.24 of the Rohnert Park Municipal Code ("RPMC") that a City Code Compliance Officer has determined that violation of the RPMC exists on the property located at the above referenced address. You were previously notified to correct these violations on June 3, 2016. On June 3, 2016, the City re -inspected the property and determined that violation(s) still exist as described below. The violation(s) constitutes a public nuisance as defined in Chapter 1.24 of the RPMC. You are hereby ORDERED to abate these violation(s) within the timeframe indicated on this notice. Violation #1: RPMC § 1.24.030 D. 15; RPMC § 8.08.010 - Prohibits dead, decayed, diseased, or hazardous trees, weeds, and overgrown or uncultivated vegetation which are allowed to remain on property for at least seventy-two consecutive hours, which are a hazardous condition to pedestrian or vehicular traffic or which are likely to harbor rats, vermin, or constitute visual blight, or which may cause a danger to public safety. Description/Correction of Violation: Tall weeds growing over entire property. Please cut and maintain property. Correction Date for Violation: June 24, 2016 Administrative Citation: If you fail to correct violations by June 24, 2016 an administrative citation will be issued (RPMC § 1.25). Each day that any such violation continues shall constitute a separate offense with an independent fine. A fine for the first violation not exceeding one hundred dollars ($100); a fine for the second violation not exceeding two hundred dollars ($200) for a second violation of the same code provision within a twelve month period; a fine not exceeding five hundred ($500) for each additional violation of the same code provision within a twelve month period. The City may also pursue other legal remedies available if you fail to comply. Notice of Administrative Hearing: Notice is hereby further given that, if you have not made the required corrections by the specified compliance date, the undersigned Code Compliance Officer may schedule a hearing before an Administrative Hearing Officer to obtain an administrative order directing your compliance. In that event, the City will notify you of the date and time of the hearing. If you fail to appear at that hearing, or the hearing officer orders you to abate the nuisance and you fail to do so within the specified time, the City will abate the nuisance at your expense and the costs of such abatement may be charged against the property as a lien or special assessment. Alternative remedy: Any person , Lolating the provisions or failing to comp,y with any mandatory requirement of the ordinances of the City is guilty of an infraction, unless the violation is specifically identified as a misdemeanor. In addition to or in lieu of the remedies provided in Section 1.16.010, for infractions and misdemeanors, the City Attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain an enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the abatement of a violation of this code which constitutes a public nuisance is assessed against any property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in the manner provided for by Government Code Section 38773.5. (RPMC § 1.16.020). Declaration of Public Nuisance: A declaration of public nuisance can be recorded against this property with the County Recorder (RPMC § 1.27.050). Additionally, your mortgage holder can be notified of this violation. Abatement: The City may take abatement action to remove or correct the violation if the violations are not corrected within the date specified. All abatement costs including legal and administrative costs will be billed to the property owner and may be recovered as a lien on the property, as provided for in RPMC section 1.27.060. If you have any questions regarding this Notice and Order or the nuisance abatement action required of you, feel free to call me at (707) 588-2249 or send an email to iselberg cz rncity.org,. Sincerely, Jette Selberg Code Compliance Officer (707) 588-2249 jselberg@ocity.org w, . r. IMG`7498.JPG IMG_7499.JPG R -%i ,M & � 03 ru 0 O 0 C3 L -i Q � � � � Er � � '~ — °\.,\..... pa) a ■ ■ ■ (� / ek022\ � > o ( } =Tw"< < 3 2 C / qR -.0 5D3 § § E oo0WJ \K§CD 7.000 ) ® 2&a§k� r w (D /k§ . cr (D =r m D0 mom ]OX18Q /kfo© / \� 'a - (D £ k » 22m@o E' (RD .00 �cL] / / ' «2 § 0 § A SD _ °\.,\..... 11O C= (D @2 // ® ^ £ CL 7.000 ) ® /k§ . cr §:g \� \.. OO (RD .00 ( / / ' «2 § \ m 3 �e M Bill To City of Rohnert Park Attn: Accounts Payable 130 Avram Avenue Rohnert Park, CA 94928 Invoice LANDSCAPE Date Invoice # MANAGEMENT 8/9/2016 59601 Ship To 6400 State Farm Drive Rohnert Park, CA 94928 Quantity Item Code Description 1 E4 -Other Set Price Provided labor and materials to perform weed abatement on open turf area and along both sides of the fence lines on the perimeter of the State Farm campus. Work completed 8/4/16. Total All work is complete! Customer No. SR8238 Price Each Amount 4,275.00 4,275.00 103 Camino Oruga • Napa, CA 94558 ® 707-251-8872 . fax 707.251.8869 CA _Ic. #871060 ® www.CoostLM.corn - info(gCoastLM,corn $4,275.00 Bill To City of Rohnert Park Attn: Accounts Payable 130 Avram Avenue Rohnert Park, CA 94928 Invoice LANDSCAPE Date Invoice # MANAGEMENT 8/9/2016 59603 Ship To 6400 State Farm Drive Rohnert Park, CA 94928 Customer No. SR8238 Quantity Item Code Description Price Each Amount Provided labor and materials to perform weed 0.00 0.00 abatement on a time & materials basis on interior turf areas of the State Farm campus. Work completed 8/4/16. 1 E2 -Other T&M LABOR: 1,420.00 1,420.00 1 E2-OtherT&M MATERIALS: 363.00 363.00 Total $1,783.00 All work is complete! 1 C3 Camino Oruga • Napa, CA 94558 - 707-251-8872 ® fax 707-251-8869 CA _Ic. #871060 w www.CoostLM.com - info®CoostLM.com �,"NERT PARS Attachment 9 to Staff Report r 6z Exhibit A - Statement of Cost �CALIPORN"P (as of 8/11/2016) �g To: Subject Property: North Bay Community LLC 6400 State Farm Dr, Rohnert Park, CA 94928 C/O Michael Olson APN # 143-051-072 2392 Morse Ave Case # 16-0270 Irvine, CA 92614 Date Opened: 06/03/2016 Item # Description Date Quantity Price Item Cost Jeff Beiswenger, Planning Manager 1000 Email to Owners Representative 06/10/16 0.25 hours $ 162.00 $ 40.50 Jay Bradford, Building Official 1001 Call to Owners Representative 06/17/16 0.15 hours $ 124.00 $ 18.60 1002 Call to Owners Representative 06/29/16 0.15 hours $ 124.00 $ 18.60 1003 Email to Owners Representative 07/01/16 0.15 hours $ 128.00 $ 19.20 1004 Abatement Hearing 07/08/16 1.00 hours $ 128.00 $ 128.00 1005 Draft Access Request Preparation / 07/18/16 6.00 hours $ 128.00 $ 768.00 Coordination 1006 Call to Owners Representative 07/18/16 0.15 hours $ 128.00 $ 19.20 1007 Email to Owners Representative 07/19/16 0.15 hours $ 128.00 $ 19.20 1008 Statement of Costs 08/09/16 4.00 hours $ 128.00 $ 512.00 1009 Demand Letter 08/11/16 3.00 hours $ 128.00 $ 384.00 Catherine Colburn, Admin. Asst. 1010 Abatement Hearing 07/08/16 1.00 hours $ 39.84 $ 39.84 1011 Hearing Results Preparation 07/11/16 1.00 hours $ 39.84 $ 39.84 Vanessa Marin, Sr. Engineer Tech. 1012 Created Informal Bid/ Sent to 07/05/16 2.50 hours $ 115.00 $ 287.50 Contractors 1013 Opened Bids / Contractor 07/15/16 1.00 hours $ 115.00 $ 115.00 Coordination 1014 Contractor Coordination 07/18/16 1.25 hours $ 115.00 $ 143.75 1015 Contractor Coordination 07/20/16 0.50 hours $ 115.00 $ 57.50 1016 Contractor Coordination 07/21/16 0.50 hours $ 115.00 $ 57.50 1017 Contractor Coordination 07/25/16 1.00 hours $ 115.00 $ 115.00 1018 Contractor Coordination 07/28/16 1.00 hours $ 115.00 $ 115.00 1019 Site Coordination with Contractor 08/01/16 2.50 hours $ 115.00 $ 287.50 1020 Site Coordination with Contractor 08/02/16 1.00 hours $ 115.00 $ 115.00 Page 1 of 3 Jay Bradford 8/11/2016 Building Official Rohnert Park Subject Property: 6400 State Farm Dr, Rohnert Park, CA 94928 APN # 143-051-072 Case # 16-0270 Date Opened: 06/03/2016 1021 Site Coordination with Contractor 08/03/16 3.00 hours $ 115.00 $ 345.00 1022 Site Coordination with Contractor 08/04/16 0.50 hours $ 115.00 $ 57.50 1023 Contractor Coordination for 08/08/16 2.00 hours $ 115.00 $ 230.00 Maintenance Brian Masterson, Dir. Public Safety 1024 Abatement Hearing Prep 07/01/16 1.00 hours $ 127.84 $ 127.84 1025 Abatement Hearing 07/08/16 1.00 hours $ 127.84 $ 127.84 1026 Hearing Results Preparation 07/11/16 1.00 hours $ 127.84 $ 127.84 1027 Order Preparation 07/19/16 1.00 hours $ 127.84 $ 127.84 Mary Grace Pawson, Dir. Dev. Serv. 1028 Conference 06/03/16 0.50 hours $ 201.00 $ 100.50 1029 Abatement Hearing 07/08/16 1.00 hours $ 208.00 $ 208.00 1030 Coordination / Informal Bid 07/14/16 4.00 hours $ 208.00 $ 832.00 Package 1031 Coordination 07/21/16 2.00 hours $ 208.00 $ 416.00 Nargiza Rakhimi, Secretary 1032 Order Preparation 07/19/16 1.00 hours $ 41.39 $ 41.39 Jette Selberg, Code Comp. Officer 1033 Inspection 06/03/16 0.12 hours $ 93.00 $ 11.16 1034 Conference 06/03/16 0.50 hours $ 93.00 $ 46.50 1035 Preliminary Notice 06/03/16 0.25 hours $ 93.00 $ 23.25 1036 Conference 06/07/16 0.25 hours $ 93.00 $ 23.25 1037 Phone call 06/09/16 0.25 hours $ 93.00 $ 23.25 1038 Notice of Violation 06/14/16 0.25 hours $ 93.00 $ 23.25 1039 Inspection 06/29/16 0.12 hours $ 93.00 $ 11.16 1040 Notice of Hearing 06/29/16 0.50 hours $ 93.00 $ 46.50 1041 Staff Report 07/01/16 1.00 hours $ 97.00 $ 97.00 1042 Photos added to report 07/08/16 0.50 hours $ 97.00 $ 48.50 1043 Abatement Hearing 07/08/16 1.00 hours $ 97.00 $ 97.00 1044 Inspection 08/01/16 0.12 hours $ 97.00 $ 11.64 1045 Inspection 08/02/16 0.12 hours $ 97.00 $ 11.64 1046 Inspection 08/03/16 0.12 hours $ 97.00 $ 11.64 1047 Statement of Costs 08/09/16 1.00 hours $ 97.00 $ 97.00 Page 2 of 3 Jay Bradford 8/11/2016 Building Official Rohnert Park Subject Property: 6400 State Farm Dr, Rohnert Park, CA 94928 APN # 143-051-072 Case # 16-0270 Date Opened: 06/03/2016 1048 Demand Letter 08/10/16 1.00 hours $ 97.00 $ 97.00 Page 3 of 3 Jay Bradford 8/11/2016 Building Official Rohnert Park Coast Landscape Management (Abatement Contractor) 1049 Invoice # 59601 Labor and Material 08/04/16 1.00 each $ 4,275.00 $ 4,275.00 Original Scope / abate open turf area and along both sides of the fence lines on the perimeter of the of the parcel 1050 Invoice # 59603 Labor 08/04/16 1.00 each $ 1,420.00 $ 1,420.00 Amended Scope / abate additional interior area of the parcel 1051 Invoice # 59603 Materials 08/04/16 1.00 each $ 363.00 $ 363.00 Amended Scope / abate additional interior area of the parcel Supplies 1052 Postage 06/03/16 1.00 each $ 0.46 $ 0.46 1053 Postage 06/14/16 1.00 each $ 6.46 $ 6.46 1054 Postage 06/29/16 1.00 each $ 6.46 $ 6.46 1055 Postage 07/11/16 1.00 each $ 6.46 $ 6.46 1056 Postage 07/19/16 1.00 each $ 6.46 $ 6.46 Total Cost $ 12,806.52 Page 3 of 3 Jay Bradford 8/11/2016 Building Official Rohnert Park August 11, 2016 �ONNEAi PAl? BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, REGULAR ,.., UNITED STATES MAIL AND EMAIL at ffaye a suncal.com and 'o 32 molson@argentmanagementllc.com CALIFOR14"' NORTH BAY COMMUNITY LLC 2392 Morse Ave City Council Irvine, CA 92614 Gina Belforte Mayor RE: Demand for Payment of Abatement Costs Jake Mackenzie Address of Violation: 6400 State Farm Dr., Rohnert Park, CA Vice Mayor APN: 143-051-072 CE Case: 16 - 0270 Amy 0, Ahanotu Joseph T. Callinan Dear Michael Olson and Frank Faye or Property Owner: Pam Stafford Councilmembers The following is a demand for payment for the City of Rohnert Park's (the "City") abatement costs incurred on the property located at 6400 State Farm Darrin Jenkins Drive in Rohnert Park (the "Property"). City Manager Don Schwartz Compliance History Assistant City Manager Michelle Marchetta Kenyon As you will recall, the City received complaints regarding tall weeds existing City Attorney at the Property affecting traffic sight lines during the second week of May, Alexandra M. Barnhill 2016. The City inspected the Property on June 3, 2016, and confirmed the Assistant City Attorney existence of tall weeds on the entire Property in violation of Rohnert Park JoAnne Buergler Municipal Code sections 1.24.030.D.15 and 8.08.010. City Clerk Betsy Howze A Preliminary Notice to Correct Violations was properly served on you on Finance Director June 3, 2016, ordering you to abate the violations by cutting and maintaining Brian Masterson the entire Property by June 13, 2016. The Property was reinspected on June Director of Public Safety 14, 2016, and it was determined that no action had been taken to abate the John McArthur violations. Director of Public Works and Community Services Accordingly, a Notice of Violations/Order to Abate Violations was served on Mary Grace Pawson you on June 14, 2016, which ordered you to abate the violations by no later Director of than June 24, 2016. Development Services Victoria Perrault The Property was reinspected on June 29, 2016, at which time it was Human Resources Director determined that the turf area on State Farm at Rohnert Park Expressway had been mowed, but the weeds that boarded the landscape area on Enterprise Drive and State Farm Drive had not been cut. On that date, a Notice of Hearing on Unabated Nuisance was served on you scheduling a hearing on the matter for July 8, 2016. You failed to appear at that hearing and on July 11, 2106 a summary of the hearing and findings of fact was issued. On July 19, 2016, the administrative hearing officer issued an Order Following 130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org RIV #4820-1512-8118 v1 Page 1 of 3 Hearing on Notice of Violations/Order to Abate Violations (the "Order") which was served on you on that same date. That Order specified: 1. The Notice of Violations/Order to Abate Violations was upheld in its entirety, confirming the public nuisance violations of the Rohnert Park Municipal Code on the Property. 2. You were ordered to abate the nuisance within ten (10) calendar days of mailing of the Administrative Order or by July 29, 2016, whichever was later. 3. If the nuisance was not abated within the time provided, it shall be abated by the City at your expense and the expenses may be made a lien or special assessment against the Property. 4. After July 29, 2016, the City shall be authorized, either by your consent or via an abatement warrant to be issued by the Superior Court, to enter and abate the Property at your expense. 5. Because the nuisance is likely to recur after abatement, you were ordered to continue to maintain the Property in compliance with the Code, including for a 12 month period inspecting all vegetation on the 1St and 15th of the month and taking all actions reasonably necessary to ensure it does not become overgrown, dead, decayed, etc. Failure to comply may result in further abatement efforts without additional notice. On July 19, 2016, Rohnert Park Building Official Jay Bradford spoke via telephone with your authorized representative, Michael Olson, who granted the City your consent "to abate and maintain overgrown or uncultivated vegetation that present hazardous conditions or constitute a visual blight or are a danger to public safety upon conclusion of the administrative hearing process." This consent was memorialized via an email from Mr. Bradford to Mr. Olson on that same day. The City subsequently entered the Property between August 1St and 4th and abated the violations. The abatement costs are presently twelve thousand eight hundred and six dollars and fifty two cents ($12,806.52) and are itemized in the Statement of Costs, which is attached as Exhibit A. Obligation to Pay City's Abatement Costs As was stated in previous notices and pursuant to Rohnert Park Municipal Code Chapter 1.24, you are obligated to pay all of the City's costs associated with the abatement of nuisance violations on your property. In the event that you fail to remit the required payment in full by 8/26/2016, a hearing will be scheduled on 9/13/2106 before the City Council to confirm the amount (which may include additional costs incurred after the preparation of this notice), at which time you would have the right to lodge any objections or protests to the amount demanded. If the City Council upholds the amount, all unpaid costs will be recoverable by use of all available legal means, including but not limited to the assessment of a special assessment or recordation of a lien against the Property. Please make your money order/check payable to the City of Rohnert Park, 130 Avram Ave., Rohnert Park CA 94928. Duty to Maintain Property Under the Rohnert Park Municipal Code and the Order, you have an affirmative obligation to maintain the property. This includes twice a month inspections and maintenance of vegetation. Through its abatement efforts, the City determined that the Property is not being watered and that water service is not immediately available for irrigation purposes. The trees on the Property are under stress and must be watered to survive. Please contact me at 707-588-2257 by 8/26/2016 to RIV #4820-1512-8118 v1 Page 2 of 3 August 11, 2016 inform the City how you will reestablish irrigation before the end of August and what the schedule for vegetation maintenance will be. In the event you do not contact me by 8/26/2016, the City will proceed with further abatement and maintenance efforts on the Property at your expense. This includes, but is not limited to: mowing grass, abating weeds, watering landscaping, testing irrigation line, trimming trees, and other landscaping activities as needed. If you have questions about this notice, please do not hesitate to contact me. Enclosures: Exhibit A - Statement of Costs Mall Fee :xtra Services & Fees (check box, add fee as appropriate) Return Receipt(hardoopy) $ ❑ Return Receipt (electronic) $ CJ Certified Mail Restricted Delivery $ _ [j Adult Signature Required $ [_1 Adult Adult Signature Restricted Delivery $ M Postage M r-1 ('otat Pi r� 11-0 Sent To I3 StleeG� �l e e a aaa •a Postmark / Here ® Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: lVC47�,64y cl,PI0411)v> �i q P45 5- A Sincerely, Jay Bradford Building Official A. X 0 Agent B. Red-( ve by(P `ted ala e) C. Da e- f DeI' ery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ® No El Service Type El Adult Signature Mall express® I I rdult Signature Restricted Delivery �`}•Reglstered MaiITM gst ❑ Registered Mail Restricted 9590 9402 1331 5235 1999 46 Certified Mail® 0 Certified Mail Restricted Delivery Delivery ❑ Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number (Transfer from service label) 0Collect on Delivery Restricted Delivery 0 Signature Confirmation— RIV #4820-1512-8118 v1 r 015 17 3 0 0 0 01 6 3 k 6 3137 'ed Mail ed Mail Restricted Delivery 0 Signature Confirmation Restricted Delivery '$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 9 1A 0 t. U-1 > I'd Lei CO \ C-1 di ti i The Community PO. Box 2038 VOID Rohnert Park, CA 94927 Phone: 707-584-2222 Fax: 707-584-2233 Bill To City of Rohnert Park 130 Avram Ave Rohnert Park, CA 94928 Invoice Date Invoice # 8/31/16 15545 Balance Due $366.00 P.O. No. Terms Net 20 Quantity Description Rate Amount Legal - Notice of Public Hearing - 9-2-16 - Placed by Caitlin 366.00 366.00 PLEASE Include invoice number on check. THANK YOU Invoice Total $366.00 Payments/Credits $0.00 Balance Due $366.00 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a HEARING. WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, September 13, 2016, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: Public Hearing on the Statement of Costs and Consideration of Collecting the Expenses of Nuisance Abatement as a Special Assessment on the Property located at 6400 State Farm Drive, in Rohnert Park, California. The City Council of the City of Rohnert Park will hold a public hearing on September 13 at 6:00 pm to Report on the itemized costs of conducting nuisance abatement to address unmaintained vegetation that posed a threat to public health, safety and welfare. The City Council will consider the expenses and any objections and may make revisions, corrections or modifications. The City Council may also require that the costs be imposed as a nuisance abatement lien or special assessment upon the subject property. Related documents are available for review at the City Clerk's office in City Hall upon request. Any and all persons interested in this matter should appear at the September 13, 2016 City Council meeting and be heard. Written statements may also be submitted to the City Clerk in advance for presentation to the City Council as part of the public hearing. NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Questions regarding this matter should be directed to Jay Bradford, Building Official 1 Development Services (707) 588-2257 Caitlin Saldanha, Deputy City Clerk Published: September 2, 2016 The Community Voice Oil rASRr P441t Attachment 13 to Staff Report CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.U2cily.org NOTICE OF HEARING ON UNPAID COSTS (Rohnert Park Municipal Code § 1.24.200) BY FIRST CLASS MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA ELECTRONIC MAIL NORTH BAY COMMUNITY LLC 2392 MORSE AVE. IRVINE, CA 92614 (Via First Class Mail and Certified Mail, Return Receipt Requested Only) MICHAEL OLSON Electronic Mail: molson@argentmanagementllc.com Date: September 1, 2016 Address of Violation: 6400 STATE FARM DR. ROHNERT PARK CA APN #:143-051-072, Case #: CE 16-0270 The City of Rohnert Park issued a Preliminary Notice on June 3, 2016 and a Notice and Order on June 14, 2016 both of which identified and ordered you to abate a public nuisance on your property, located at the above referenced address. Due to your failure to comply, a hearing was held on July 8, 2016 and the Hearing Officer issued a written Order Following Hearing on Notice of Violations/Order to Abate Violations on July 19, 2016 (the "Administrative Order"). Because the nuisance was not abated within the specified time period required by the Administrative Order, the City entered your property and abated the nuisance between August 1, 2016 through August 4, 2016. The City has incurred costs in relation to this abatement which have been accounted for pursuant to Rohnert Park Municipal Code (RPMC) 1.24.190 in a statement of costs, which is attached for your reference as part of Exhibit A. The City now seeks to recover those costs. Obligation to Pay City's Abatement Costs As was previously stated in the June 3, 2016 Preliminary Notice, the June 14, 2016 Notice and Order, and the July 19, 2016 Administrative Order pursuant to RPMC Chapter 1.24 you are obligated to pay all of the City's code compliance staff and inspection costs. In the event that you fail to remit the required payment in full, the unpaid costs will be recoverable by use of all available legal means, including but not limited to the assessment of a special assessment or recordation of a lien against the Property. OAK #4833-5165-0359 v2 Notice of Hearing on Unpaid Costs An accounting of the City's costs incurred in relation to this matter is enclosed with this letter, as part of Exhibit A for your information. A copy of this statement of costs will also be filed with the City Clerk. According to this accounting, the City's total costs incurred to date are twelve thousand eight hundred and six dollars and fifty two cents($12,806.52). Additional costs, estimated to be approximately five thousand one hundred one dollar and eighty three cents ($5,101.83), are expected to be incurred as part of the hearing. The City wishes to recoup additional staff costs that may be incurred in order to collect and/or impose the special assessment. Because the costs may become a special assessment against the Property, a public hearing has been scheduled before the City Council to consider a report on the amounts due and owing, pursuant to the RPMC section 1.24.200. A hearing on the amount of debt owed to the City by the owner(s) of the above -referenced property will occur on September 13, 2016 at 6:00 pm at 130 Avram Ave, Rohnert Park, California 94928. Copies of all documents relating to that hearing are enclosed as part of Exhibit A to this letter. Pursuant to RPMC 1.24.200, you, or any person having any record, title or legal interest in the property, may raise any objections to the City's accounting and/or potential imposition of a special assessment. Prior to the City Council hearing, you may file a written protest with the Building Official, Jay Bradford, by mail at 130 Avram Avenue, Rohnert Park, CA 94928. At the hearing, you may make an oral protest during the public comment period, by identifying yourself and stating the grounds for the objection. Failure to object will constitute a waiver of all rights to a City Council determination of the matter. Upon considering the evidence and testimony presented at the hearing, the City Council will adopt a resolution confirming, discharging or modifying the amount of the debt. The order of the City Council shall be final and conclusive. Remission of Payment Upon the City Council's confirmation of the outstanding debt by resolution, you will be required to remit the monies to the City within 45 calendar days. During the 45 -day payment period, the City shall record a Pending Notice of Special Assessment on your property. A copy of the Pending Notice of Special Assessment is as part of Exhibit A. The Pending Notice of Special Assessment shall remain recorded until such time as payment is remitted in full or it is replaced by recordation of a Notice of Special Assessment. Special Assessment Recordation and Satisfaction In the event that you fail to timely remit the required payment in full, the unpaid costs will be recoverable by a special assessment against the property. After the 45 -day payment period has expired, the City Clerk shall file a copy of the City Council's resolution and a Notice of Special Assessment indicating the outstanding balance as a special assessment in the office of the recorder of Sonoma County, California. The property may be sold after three years by the tax collector for unpaid delinquent assessments. The special assessment may carry such additional administrative charges as are set forth by resolution of the City Council. OAK #4833-5165-0359 v2 Once payment in full is received by the City for outstanding penalties and costs, the City Clerk shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record such notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the City's special assessment. If you have any questions regarding this Notice of Hearing on Unpaid Costs, feel free to call me at (707) 588- 2257 or send an email to jbradfordkrpcity.org. Sincerely, Jay Bradford Building Official Enc: Exhibit A: City Council Agenda Report and Attachments Staff Report 1) Parcel Map 2) Case History 3) Preliminary Notice 6-3-16 4) Notice of Violation 6-14-16 5) Notice of Hearing 6-29-16 6) Weed Abatement Hearing Decision 7-11-16 7) Weed Abatement Hearing Order 7-19-16 8) Invoices from Coast Landscape management 9) Statement of Costs 10) Demand for Payment 8-11-16 11) Photo Collage 12) Invoice for Public Hearing Notice on Unpaid Costs 13) Notice of Public Hearing Notice on Unpaid Costs 14) Notice of Hearing on Unpaid Costs 9-1-16 15) Statement of Hearing Costs 16) Resolution 17) Notice of Special Assessment OAK #4833-5165-0359 v2 To: North Bay Community LLC C/O Michael Olson 2392 Morse Ave Irvine, CA 92614 Attachment 14 to Staff Report Exhibit B - Statement of Hearing Costs (8/12/2016 to 9/13/2016) Subject Property: 6400 State Farm Dr, Rohnert Park, CA 94928 APN # 143-051-072 Case # 16-0270 Date Opened: 06/03/2016 Item Description Date Quantity $ Price Resolution Preparation Item Cost 1.00 Jay Bradford, Building Official 2011 Staff Report Preparation 08/15/16 1.00 hours $ 2012 Inspection 2000 Email to Michael Olsen and Frank Faye for meeting 08/15/16 0.15 hours $ 128.00 $ 19.20 Hearing on Statement of Cost and Public Hearing Notice request 4.00 hours $ Preparation 2001 Voicemail to Michael Olsen property condition update 08/18/16 0.06 hours $ 128.00 $ 7.68 2002 Staff Report and Resolution Preparation 08/19/16 6.00 hours $ 128.00 $ 768.00 2003 Voicemail to Michael Olsen 08/22/16 0.15 hours $ 128.00 $ 19.20 2004 Hearing on Statement of Cost Preparation 08/29/16 2.00 hours $ 128.00 $ 256.00 2005 Public Hearing Notice Preparation 08/30/16 4.00 hours $ 128.00 $ 512.00 2006 Email to Michael Olsen and Frank Faye for upcoming 08/30/16 0.15 hours $ 128.00 $ 19.20 nuisance abatements 2007 Staff Report Preparation and Hearing on Statement of 08/31/16 8.00 hours $ 128.00 $ 1,024.00 Cost 2008 Hearing on Statement of Cost 09/13/16 1.00 hours $ 128.00 $ 128.00 Mary Grace Pawson, Dir. of Dev. Ser. 2009 Staff Report Review 08/30/16 2.00 hours $ 208.00 $ 416.00 Supplies 2017 Public Notice for Hearing of Unpaid Costs 97.00 Jette Selberg, Code Comp. Officer 97.00 97.00 $ 2010 Resolution Preparation 08/12/16 1.00 hours $ 2011 Staff Report Preparation 08/15/16 1.00 hours $ 2012 Inspection 08/16/16 0.15 hours $ 2013 Staff Report Preparation 08/19/16 2.00 hours $ 2014 Hearing on Statement of Cost and Public Hearing Notice 08/25/16 4.00 hours $ Preparation 2015 Staff Report and Hearing on Statement of Cost 08/30/16 4.00 hours $ Preparation 2016 Staff Report Preparation and Hearing on Statement of 08/31/16 4.00 hours $ Cost Supplies 2017 Public Notice for Hearing of Unpaid Costs 97.00 $ 97.00 97.00 $ 97.00 97.00 $ 14.55 97.00 $ 194.00 97.00 $ 388.00 97.00 $ 388.00 97.00 $ 388.00 08/31/16 1.00 each $ 366.00 $ 366.00 Total Cost $ 5,101.83 Page 1 of 1 Jay Bradford 8/29/2016 Building Official Rohnert Park RESOLUTION NO. 2016-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING A SPECIAL ASSESSMENT AGAINST THE VACANT REAL PROPERTY LOCATED AT 6400 STATE FARM DR, ROHNERT PARK CA, APN-143-051-072 PURSUANT TO ROHNERT PARK MUNICIPAL CODE 1.24.030,1.27.060 AND GOVERNMENT CODE SECTIONS 38773.5; WHEREAS; on June 3, 2016, the property owner of 6400 State Farm Drive, Rohnert Park, California, Assessor Parcel No. 143-051-072 ("Property") was notified of nuisance violation(s) on their property and requested to abate the violation(s); and WHEREAS, on June 14, 2016, the City re -inspected the Property and the violations had not been abated. The property owner was served a Notice of Violation, ordering the violations be abated; and WHEREAS, on June 29, 2016, the property owner was notified of the hearing for the unabated nuisance; and WHEREAS, July 8, 2016, the hearing for the unabated nuisance was held; and WHEREAS, on July 11, 2016, the hearing officer sustained the violation; and WHEREAS, on July 15, 2016, the City opened bids to hire landscape contractor to abate the violation(s); and WHEREAS, on July 19, 2016, the hearing officer served the property owner with the decision ordering the violations corrected by July 29, 2016; and WHEREAS, on July 28, 2016, the City executed a contract with a landscape contractor; and WHEREAS, on July 29, 2016, the violation(s) were not abated; and WHEREAS, on August 1-4, 2016, the landscape contractor removed the violation(s); and WHEREAS, that the City of Rohnert Park is authorized, pursuant to the Rohnert Park Municipal Code 1.24.190, to recover all costs associated with nuisance abatement including, but not limited to notices, inspections, and hearings; and WHEREAS, on August 11, 2016, the City sent the property owner a demand for payment for the abatement of nuisance violation(s), including a summary of unpaid costs associated with the nuisance abatement and given the opportunity to voluntarily remit the sum to the City by August 26, 2016, but failed to comply; and WHEREAS, that the City of Rohnert Park is authorized, pursuant to Rohnert Park Municipal Code 1.24.030, 1.27.060 and Government Code 38773.5 place a special assessment against vacant real property for recovery of abatement costs; and WHEREAS, on DATE the City sent the property owner and known representatives notice of the hearing on the statement of costs and special assessment and provided copies of the supporting documentation and made them available with the City Clerk; and WHEREAS, on DATE the City published notice of a public hearing on the statement of costs and special assessment; and WHEREAS, on September 13, 2016, pursuant to Rohnert Park Municipal Code 1.24.200, the City Council held a duly noticed public hearing to consider the statement of costs and expenses of the abatement and the special assessment to be imposed on the owner's property, at which time, all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve as follows: Section 1. Recitals. The above recitals are true and correct and material to the adoption of this resolution. Section 2. Determination of the Cost of Abatement. The City Council hereby confirms the assessment in the amount of seventeen thousand nine hundred eight dollars and thirty five cents ($17,908.35) on the property located at 6400 State Farm Drive, Rohnert Park, California, Assessor Parcel No. 143-051-072, based on the accounting of the costs incurred by the City in connection with the nuisance abatement on Property and as presented in Exhibit A. Section 2: Special Assessment. The abatement costs in Exhibit A shall be a special assessment upon the property located at 6400 State Farm Drive, Rohnert Park, California, Assessor Parcel No. 143-051-072 as provided for in Rohnert Park Municipal Code Chapter 1.27. Section 3: Notice to Owner. Pursuant to Rohnert Park Municipal Code Section 1.27.060, the City shall provide notice of the special assessment to the property owner by a method as listed in Section 1.24.130 at the time of imposing the assessment, which notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Section 3: Recordation of Special Assessment. The City Clerk is hereby directed to record a special assessment against the Property with the County of Sonoma Recorders Office. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. (2) 2016-96 DULY AND REGULARLY ADOPTED this 13th day of September, 2016. CITY OF ROHNERT PARK Gina Belforte, Mayor ATTEST: City Clerk Exhibit A: Special Assessment AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (3) 2016-96 RECORDING REQUESTED BY: CITY OF ROHNERT PARK WHEN RECORDED MAIL TO: DEVELOPMENT SERVICES 130 Avram Ave. Rohnert Park, CA 94928 Exhibit A to Resolution SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF PENDING SPECIAL ASSESSMENT APN#:143-051-072 AKA: 6400 STATE FARM DRIVE, ROHNERT PARK, CA 94928 Notice is hereby given that, pursuant to the provisions of Chapter 1.24 of the Rohnert Park Municipal Code (RPMC), the City of Rohnert Park has incurred the cost of inspections and abatement of the property described below. The City of Rohnert Park intends to impose a special assessment in the sum was seventeen thousand nine hundred eight dollars and thirty five cents ($17,908.35), plus daily interest at the legal rate set forth in California Code of Civil Procedure section 685.010 from September 13, 2016, against the property described below to recover the cost of such abatement and inspections, plus appropriate fees and fines, as authorized by RPMC Sections 1 .24.1 70, 1 .24.1 80, 1.24.190, and 1 .27.060 upon confirmation of the City Council. For further information regarding this notice and the status of Department proceedings, please contact day Bradford of the Building Department between 9:00 a.m. and 4:30 p.m., Monday through Friday. Telephone Number: (707) 588-2257 Office Location: 130 Avram Avenue, Rohnert Park The property subject to this Notice of Pending Special Assessment is that certain real property in the City of Rohnert Park, County of Sonoma, State of California, described as follows: Lot 2, being a resubdivision of Parcel No.l of the City of Rohnert Park, Parcel Map No.] 4, recorded in book 230 of maps, page 19, Official Records of Sonoma County, located in the Rancho Cotate, City of Rohnert Park, State of California, on September 14, 1976. THIS NOTICE WILL CONTINUE IN FULL FORCE AND EFFECT UNTIL THE CITY OF ROHNERT PARK RECORDS A SUBSEQUENT NOTICE OF TERMINATION OF PENDING SPECIAL ASSESSMENT OR A NOTICE OF SPECIAL ASSESSMENT. RIV #4832-9060-8439 v NOTE - PURSUANT TO THE AUTHORITY PROVIDED IN GOVERNMENT CODE SECTION 38773.5, THE PROPERTY MAY BE SOLD AFTER THREE YEARS BY THE TAX COLLECTOR FOR UNPAID DELINQUENT ASSESSMENTS. DATED: This OWNER(S): NORTH BAY COMMUNNITY LLC 2392 MORSE AVE IRVINE, CA 92614-6234 RIV #4832-9060-8439 v1 Day of ,2016. CITY OF ROHNERT PARK Jay Bradford Building Official Development Services City of Rohnert Park Jay Bradford PROOF OF SERVICE BY MAIL CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.p2cily.org .org I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. I am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On (DATE), I served the following person: (NAME) (LOCATION) by mailing a true copy of. Notice of Special Assessment - Pending I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class and register postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California. Executed at Rohnert Park, California, on the Signed: RIV #4832-9060-8439 v1 day of , 2016. RECORDING REQUESTED BY: CITY OF ROHNERT PARK WHEN RECORDED MAIL TO: DEVELOPMENT SERVICES 130 Avram Ave. Rohnert Park, CA 94928 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF SPECIAL ASSESSMENT APN#:143-051-072 AKA: 6400 STATE FARM DRIVE, CA 94928 Pursuant to the authority vested by the provisions of Sections 1.24.190, 1.24.200, 1.24.210, 1.24.230 and 1.27.060 of the Rohnert Park Municipal Code and pursuant to the confirmation of the City Council on September 13, 2016, the City of Rohnert Park hereby claims a special assessment in the sum was seventeen thousand nine hundred eight dollars and thirty five cents ($17,908.35), plus daily interest at the legal rate set forth in California Code of Civil Procedure section 685.010 from September 13, 2016, against the property described below to recover inspection and abatement costs, plus appropriate fees and fines, incurred in relation to the property. The property subject to this Notice of Special Assessment is that certain real property in the City of Rohnert Park, County of Sonoma, State of California, described as follows: Lot 2, being a resubdivision of Parcel No.1 of the City of Rohnert Park, Parcel Map No.14, recorded in book 230 of maps, page 19, Official Records of Sonoma County, located in the Rancho Cotate, City of Rohnert Park, State of California, on September 14, 1976. THIS SPECIAL ASSESSMENT WILL CONTINUE IN FULL FORCE AND EFFECT UNTIL THE CITY OF ROHNERT PARK RECORDS A SUBSEQUENT RELEASE OF SPECIAL ASSESSMENT. NOTE - PURSUANT TO THE AUTHORITY PROVIDED IN GOVERNMENT CODE SECTION 38773.5, THE PROPERTY MAY BE SOLD AFTER THREE YEARS BY THE TAX COLLECTOR FOR UNPAID DELINQUENT ASSESSMENTS. DATED: This OWNER(S): NORTH BAY COMMUNNITY LLC 2392 MORSE AVE IRVINE, CA 92614-6234 RIV #4832-9060-8439 v1 Day of CITY OF ROHNERT PARK Jay Bradford Building Official By Jay Bradford 16. PROOF OF SERVICE BY MAIL CITY OF ROHNERT PARK DEVELOPMENT SERVICES 130 Avram Avenue Rohnert Park, CA 94928 Phone: (707) 588-2249 Web: www.p2cily.org .org I am a citizen of the United States and employed in the County of Sonoma, State of California, and over the age of eighteen (18) years: my business address is City Hall, 130 Avram Avenue, Rohnert Park, California 94928. I am familiar with the practice of the City of Rohnert Park for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On (DATE), I served the following person: (NAME) (LOCATION) by mailing a true copy of. Notice of Special Assessment I declare under penalty of perjury that the foregoing identified envelope was sealed and mailed first class and register postage fully prepaid placed thereon, in the United States mail at Rohnert Park, California. Executed at Rohnert Park, California, on the Signed: RIV #4832-9060-8439 v1 day of , 2016. Statement of Costs and Proposed Special Assessment 6400 State Farm Drive for Nuisance Abatement Costs September 13, 2016 19 `ALIFORNli 62 Case History Case Activity --FW-- Site Inspection Preliminary Notice Sent Notice of Violation Sent Property Owner Partial Abatement Site Inspection Notice of Hearing Sent Site Inspection Abatement Hearing with Hearing Officer Hearing Violation Confirmation Sent LC Case History Abatement Order Sent Abatement Order Abatement Deadline Site Inspection City Conducted Abatement City Conducted Abatement City Conducted Abatement City Conducted Abatement Demand for Payment and Cost Summary Notification Sent Site Inspection Case History Abatement Cost Payment Deadline Notice of Pending Special Assessment Sent Notice of Pending Special Assessment Sent Published in Community Voice Site Inspection Site Inspection City Conducted Abatement Site Inspection City Conducted Abatement Special Assessment City Council Hearing ��:•,��sT�'jJT�� I� �I 6/3/2016 Inspection Photos z 0 • •lKe PI: "emU�'T�TTi r , a4 - IF Jill R I �A ,. -108/ I,1 ti016 1:0-: 14 . "emU�'T�TTi r , a4 - R I 08101i1I6+}0:14 i Ui5 il i4 , 1y. 9/l/2016 Inspection Photos Special Assessment - $17,908.35 Demand for Payment of Abatement Costs o August I I , 2016 - $12,806.52 4 Notice Of Hearing On Unpaid Costs o September I, 2016 - $5,101.83 Next Steps Council Consideration of Special Assessment Notice of Pending Special Assessment filed with County Property Owner has an additional 45 -days to make arrangements for payment If no payment made, Special Assessment filed with County City would recover costs when property taxes are paid