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2017/01/24 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, January 24, 2017 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 January 24, 2017 for City Council/RPFA/CDC Successor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Ahanotu _ Belforte_ Callinan _ Stafford _ Mackenzie 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor's Proclamation: Recognizing January 2017 as Human Trafficking Awareness Month B. Mayor's Certificate of Recognition: Honoring Rohnert Park Public Safety Officers Association for Their Work with the December 2016 Toy Drive C. Sonoma State University Presentation on SMART Cities Collaboration 4. SSU STUDENT REPORT By Erin Jasper, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI) 5. DEPARTMENT HEAD BRIEFING A. Public Safety: Annual Crime Report and North Rohnert Park Neighborhood Meeting 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 atenda 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, January 10, 2017 B. Acceptance of Reports for: 1. 2016 Alcohol Beverage Service Ordinance (ABSO) Annual Report 2. City Councilmembers Quarterly Expense Report (October, November, December) 3. City Bills/Demands for Payment dated January 24, 2017 4. Successor Agency to the CDC Bills/Demands for Payment dated January 24, 2017 5. RPFA- Cash Report for Month Ending December 2016 6. Housing Successor Agency- Cash Report for Month Ending December 2016 7. Successor Agency- Cash Report for Month Ending December 2016 City of Rohnert Park Joint Regular Meeting Agenda January 24, 2017 for City Council/RPFA/CDC Successor Agency Page 3 of 5 C. City Council Resolutions for Adoption: 1. 2017-12 Authorizing the City Manager to Execute Task Order 2017-01 with CSG Consultants for Developer Funded Engineering Review Services and Related Actions 2. 2017-13 Approving a Water Capacity Charge Credit Agreement By and Between the City of Rohnert Park, University District LLC and Vast Oak Properties L.P. D. Ordinance for Adoption: 1. No. 903 An Ordinance of the City of Rohnert Park, California, Approving a Development Agreement Between the City of Rohnert Park and Stadium RP Development Partners, LLC, for Development of the Residences at Five Creek Project (APN: 143-040-124) E. Authorize the City Manager to Execute an Acknowledgement of Expiration and Termination of Development Agreement with KSL Rohnert Park II, LP F. Authorize the City Manager to Execute the Second Amendment to Design Professional Services Agreement with STRATA ap, Inc. for City Buildings Roof Replacement Projects Council Motion/Roll Call Vote (Ahanotu _ Belforte_ Callinan _ Stafford _ Mackenzie _) 8. Discussion and Direction Regarding the Possible Regulation of Short Term Rentals A. Staff Report B. Public Comment C. Council discussion/direction 9. Discussion and Direction Regarding Animal Shelter Fee Schedule Update A. Staff Report B. Public Comment C. Council discussion/direction 10. 2017 City Council Committee Appointments and Liaison Assignments to Various Outside Agencies A. Staff Report B. Public Comment C. Distribution of Mayor's Appointments to Council Committees and Liaison Assignments for the year 2017 D. Council confirmation of Mayor's Appointments to Outside Agencies and Committees a. Council motion/discussion/vote City of Rohnert Park Joint Regular Meeting Agenda January 24, 2017 for City Council/RPFAICDCSuccessor Agency Page 4 of 5 11. 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. Water/Wastewater Issues Committee (1/20) B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (1/17) 2. Senior Citizens Advisory Committee (1/19) C. Other Reports 12. 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. 13. 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. 14. 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. 15. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda January 24, 2017 for City Council/RPFA/CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the January 24, 2017, Joint Regular Meeting of the Rohnert Park City CounciVRPFA was posted and available for review on January 19, 2017, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 19' day of January, 2017, at Rohnert Park, California. Caitlin Saldanha, Deputy City Clerk J A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Recognizing JANUARY 2017 AS HUMAN TRAFFICKING AWARENESS MONTH W b erea$, human trafficking is a multi -billion dollar trade that occurs in every industry, including the commercial sex trade, in the labor market, such as domestic servitude, restaurant work and the construction industry; and IVbereao, human trafficking knows no boundaries and victims cross all economic, social, ethnic and geographic lines. Statistics estimate that 41% of sex trafficking and 20% of labor trafficking victims are United States citizens, 85% of sex trafficking victims are women and girls, 40% of labor trafficking victims are men; and Wbereao, commercially sexually exploited children (CSEC) represent a growing segment of the U.S. human trafficking population where victims experience extreme forms of trauma, violence, manipulation and even death at the hands of their traffickers or those who purchase children for sex; and V b ereac the average age of a CSEC brought into the commercial sex trade at the hands of an exploiter is 12-14 years old; and Wb ereao, the City of Rohnert Park has a tradition of advancing fundamental human rights; and V b ereao, the commitment of the people of the City of Rohnert Park is imperative in order to protect individual freedom while eliminating human trafficking, commercial sexual exploitation, forced labor, labor obtained through debt bondage, involuntary servitude, slavery, slavery by descent, and involuntary imprisonment; and IVb erea!5, the Rohnert Park City Council and the people of the City of Rohnert Park actively oppose all individuals, groups, organizations and governments who support, advance or commit acts of human trafficking; and IVbrreag, although laws to prosecute perpetrators of human trafficking and to assist and protect victims of human trafficking have been enacted, awareness of the issues surrounding human trafficking by those most likely to come in contact with victims is essential to effective enforcement because the techniques that traffickers use for enslaving their victims severely limits self -reporting; and Vberea!g, individuals, public agencies private organizations and businesses in the City of Rohnert Park should join together and work to end human trafficking through education. ,mom, Tberef are, be tt Prorfatmeb that I, Jake Mackenzie, Mayor of the City of Rohnert Park, on behalf of the entire Rohnert Park City Council, urge all residents to observe January 2017 as HUMAN TRAFFICKING AWARENESS MONTH. Mulp aub Regularlp i3rorlaimeb this 24th day of January, 2017 CITY OF ROHNERT PARK Mayor Mackenzie, MAYOR RppNER7 f',q $K �L Cq LIFORI'ZlR certificate of Recoant"tt'on 0orrorirlg ROHNERT PARK PUBLIC SAFETY OFFICERS ASSOCIATION for Their Work with the December 2016 Toy Drive As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor Rohnert Park Public Safety Officers Association, along with other sworn and professional staff, for their dedicated efforts with the recent Santa Toy Drive. Many needy families in the community were provided toys and other gifts so that they could enjoy a Merry Christmas. Our community looks forward to this program and the joy it brings to those less fortunate. I would like to give a very special thanks to Sergeant Jerrod Marshall, Officer Justin Thompson and Officer Casey Thompson who orchestrated and delivered a special donation to a family very much in need. A family of four kids and a single mother needed assistance in making their Christmas bright. This family endured nights of sleeping in the cab of a truck, children being split between different relatives while Mom worked to save money to move into low income housing, and a collision that took the family car. What started out as a specially packed bag of toys, ended with a delivery of a donated holiday meal for eight, toys for all four children, and a donated car for Mom to get to her new job that she was recently offered. I am honored to recognize them for their dedicated passion and our sincere thanks for their exceptional volunteer efforts. us Signed this 24th day of January, 2017 3Iake fRacken3ic, vapor :IIIb:.. 9:4911«6l1rl•I0levIILTI: art City Pn-q-ql-hl-ll-ohF Centerfor Environmental Inquiry Kv A r Id;. ,tC "✓ r r�� �. f k x� K X 7 �.a 6, v_ Y. q „� ,th � '�� -5.:.- { / ., -- F. _ .��" 7' •�t w� ��J,[,�rC* a 'L� �'• ', ,:1 -t!'-• � : . �Yi� 8 _ :..�" ^rK / - 41 _ ^ _ f , 1 J► 1 ` r. r r 1 • Dr. Christopher Halle • Sensor -to -screen Environmental Observing Systems (-30 years) • Programming, Engineering, and Environmental Description Worldwide • Quantifying Environmental Uncertainty, Risk Analysis, Managing Stakeholder Expectations for Large -Scale Capital Projects Fairfield Osborn Preserve Galbreath Preserve • Active Sensor Networks Near Yorkville • Camera Networks Conceptual Design of Facilities Completed • Engaged Faculty and Classes Community Engaged In Planning • Technological Partners Opportunities to Help Plan Detailed Design • Environmental Exploration Local Schools and Community Members Involved • Overnight Camping and Discussion Trips Possible https://www.sonoma.edu/cei/ SO NOM -�A Ig I � ru"i�mrmaunpwn YK Fairfield Osborn Preserve Large AnJmal Movement I i Pe War Preserve L- j Transmission Boundary Extent Lines Fw, I: Pollinator Moverfient I I PNrelxmal, Roetl Trail Q...., Seasonal Pond I' awa°fabitat Creation Orthpghpt05 I 'e r 5ee T- :, re C2 m Fo da -Ecosystem "Succession" Climate "Alteratior" Vegeta-6 -ta i. I X POLLINATOR ay Rese-i -ch" C ir. XPi a Trapping and Algorithm Dpvelopment -CEI Pollinator Movement - Biology Sudden Oak Death Transmission - Biology Biomass Estimation - Geography Landscape Changes - Geography Microclimate: ctnt;nn npvelopment — Engineering Isis / Interpretation — CEI qumnrum SPATIAL 0 500 1.000 94 GASP Za—II F.. The data toUnd in this Anwnldaded •ill I gN■���with e rx�I�nt�tahade b—romp) and IOcaUOn PG&E power transmis- hoes and structures, which ca ma rrom cwantUR, spatlars data «niwe. POLLINATOR ay Rese-i -ch" C ir. XPi a Trapping and Algorithm Dpvelopment -CEI Pollinator Movement - Biology Sudden Oak Death Transmission - Biology Biomass Estimation - Geography Landscape Changes - Geography Microclimate: ctnt;nn npvelopment — Engineering Isis / Interpretation — CEI qumnrum SPATIAL University Students City Officials Businesses NGOs Researchers Faculty Natural Areas Citizens K-12 i We are alreadyjointly operating a weather station / flood warning system. Project was presented at the Global Technology Challenge in Texas in 2016 and was well received. We are continuing to develop "next generation" system with Engineering Science at SSU. opeland Creek Smart Lighting System mart Irrigation Systems for City Par Water Prediction and Analysis Businesses and Residences Tools Photo Credit: Anlace at the English language Wikipedia, CC BY -SA 3.0, https:// commons.wikimedia.org/w/index.php?curid=27419599 SMART Train Real -Time Traffic ReroutJi / Noise Monitoring and nalys t f afety Systems F, Automated Pavement nes Detection S stem Real -Time Parking Monitoring and Directio - - - Real-Ti� Trash Can Monitoring Photo Credit: Waggie - Own work, CC BY -SA 4.0, https://commons.wikimedia.org/w/ index.php?curid=49311341 Not Just "Pie in the Sky": Santander, Spain, hailed as global pioneering `smart city' Parking, Irrigation Systems, Trash Pick -Up, Water Useage Apps 20,000 sensors, sending data to a control center Columbus, Ohio, wins 2016 (Multimillion Dollar) Smart City Grant Transportation Systems (Buses), Smart Lighting, Real -Time Traffic Flow Adjustment Metric: Improving access to services like education and prenatal care for low income residents A Real Partnership Between the City of Rohnert Park and SSU: We anticipate applying for funding to support City and University needs. (Funding coming in, not SSU requesting funding from the City). City commits to attending the GTC Conference in Texas in June (funding provided). We need a committed city partner to do well at this technology challenge. SSU commits to working with the City to develop projects appropriate to needs, and also to address associated data management issues. We have a unique vision with this "environmental awareness platform". We are working with the Smart City Project Manager at R20, and he is excited about the vision, which opens the door to starting pilot projects rather quickly (pending funding). University Students City Officials Businesses NGOs Student Teams - Citizens Researchers Faculty Natural Areas Citizens K-12 Part I January - December 2015-2016 2016 Homicide Forcible Rape Robbery Aggravated Assault Burglary Larceny Motor Vehicle Theft January February March April May June July August September October November December 2016 Total % Change YOY Per Category YOY Incident Difference 0 0 0 0 0 0 0 0 0 0 0 0 0 0% 0 1 1 9 3 1 4 2 1 4 1 2 2 31 35% 8 1 0 1 3 3 2 1 1 2 0 2 4 20 -57% -26 11 13 11 22 8 7 11 9 13 11 18 19 153 11% 15 19 12 17 9 5 9 8 8 5 8 7 10 117 -30% -51 44 45 58 60 53 35 27 51 31 28 51 55 538 -24% -174 11 14 5 8 8 5 6 11 5 5 7 3 88 -41% -60 Total 87 85 101 105 78 62 55 81 60 53 87 93 947 2015 Homicide Forcible Rape Robbery Aggravated Assault Burglary Larceny Motor Vehicle Theft January February March April May June July August September October November December 2015 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 2 4 2 0 1 2 6 2 1 23 3 5 4 5 5 5 5 6 3 1 2 2 46 5 11 8 9 21 9 13 11 14 18 11 8 138 14 14 11 18 19 16 17 16 8 14 7 14 168 78 79 72 49 68 66 54 46 37 67 41 55 712 19 6 15 19 17 13 13 13 14 7 7 5 148 Total 120 116 111 102 134 111 102 93 78 113 70 85 1235 Jan -Dec 2015 120 116 111 102 134 111 102 93 78 113 70 85 Jan -Dec 2016 87 85 101 105 78 62 55 81 60 53 87 93 Percent Change -28% -27% -9% -42% -44% -46% -13% -23% -53% 24% 9.41% 2016 had an overall decrease of -23%, with 288 fewer actual incidents. Forcible Rape and Aggravated Assault (not including simple) were the only offense categories with increases. The offense category with the most significant percent decrease in 2016 was Robbery with -57%. Part II January - December 2015-2016 2016 Embezzlement Fraud Stolen Property Forgery/Counterfeiting Vandalism DUI (Alcohol and Drug) January February March April May June July August September October November December 2016 Total % Change YOY Per Category YOY Incident Difference 2 0 1 1 2 0 0 1 0 5 3 1 16 7% 1 24 23 30 30 15 24 13 22 18 25 16 20 260 6% 14 12 6 8 9 5 10 8 9 6 7 9 11 100 -14% -16 15 6 15 21 8 12 4 13 12 14 5 7 132 -32% -63 21 12 20 16 10 15 9 13 19 17 18 10 180 -29% -72 13 15 14 12 12 16 22 16 15 19 16 8 178 29% 40 87 62 88 89 52 77 56 74 70 87 67 57 866 2015 Embezzlement Fraud Stolen Property Forgery/Counterfeiting Vandalism DUI (Alcohol and Drug) January February March April May June July August September October November December 2015 Total 0 3 2 2 0 1 2 0 1 0 3 1 15 21 19 20 20 24 12 21 25 17 13 34 20 246 11 9 13 10 9 6 9 15 10 4 11 9 116 22 22 11 10 19 8 18 23 15 18 15 14 195 22 21 20 24 24 15 30 16 18 28 15 19 252 6 12 9 10 16 13 12 11 15 11 9 14 138 82 86 75 76 92 55 92 90 76 74 87 77 962 Jan -Dec 2015 82 86 75 76 92 55 92 90 76 74 87 77 Jan -Dec 2016 87 62 88 89 52 77 56 74 70 87 67 57 Percent Change 6% -28% 17% -23% -25.97% 2016 had an overall decrease of -10% with 96 fewer incidents. The offense category with the most significant decrease was Forgery/Counterfeiting at -32%. The offense category with the highest increase was DUI (Alcohol and Drug) at 29%. Rohnert Park Department of Public Safety r�rr����� ���I�>»I��I I I rr ��I�� January 17, 2017 O O O O O O O O O O Part I January - November 2015-2016 2016 Homicide January February March April May June July August September October November December 2016 Total I 0 0 0 0 0 0 0 0 0 0 0 0 0 Forcible Rape Robbery 1 1 9 1 3 1 4 2 1 1 4 1 2 1 29 1 0 1 3 3 2 1 1 2 0 2 5 1 16 Aggravated Assault Burglary Larceny 11 13 11 22 8 7 11 9 13 11 18 Burglary 134 19 12 17 9 5 1 9 8 8 5 8 7 17 107 44 45 58 60 53 35 27 51 31 28 51 Larceny Motor Vehicle Theft 483 Motor Vehicle Theft 11 14 5 8 8 5 6 11 5 5 7 19 85 Total 87 85 1 101 105 78 62 1 55 1 81 60 53 87 93 854 7015 January February March April May June July August September C>ctober November December 2015 Total (Jan -Nov) Homicide Forcible Rape 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 2 4 2 0 1 2 6 2 1 22 Robbery Aggravated Assault 3 5 4 1 5 5 5 1 5 6 1 3 1 2 2 1 44 5 11 8 9 21 9 13 11 14 18 11 8 130 Burglary 14 14 11 18 19 16 17 16 8 14 7 14 154 Larceny Motor Vehicle Theft 78 79 72 49 68 66 54 46 37 67 41 55 657 19 6 15 19 17 13 13 13 14 7 7 5 143 Total 120 116 111 102 134 111 102 93 78 118 70 85 1150 Jan -Nov 2015 120 116 111 102 134 111 102 93 78 113 70 85 Jan -Nov 2016 87 85 101 105 78 62 55 81 60 53 87 Percent Change _o -27% -9% 3% -42% .44% -46% -13`> -.3 < 53`>, 24:. October had an overall decrease at -53%. November had an increase of 24%. November had an increase in Aggravated Assault (not including Simple) and Larceny. The two months offset one another for a year -ower -year Part I decrease of -26%, staying constant with the January -September Report. December data was added for 2015. These numbers were not calculated in any of the totals. Part II January - November 201:-2016 2016 Embezzlement January 2 February 0 March 1 April 1 may 2 June July AugrrSt September October November December 2016 Total % Change YOY Per Category YOY Incident Difference 0 0 1 0 5 3 15 7ya 1 Fraud Stolen Property 24 12 23 6 30 8 1 30 9 15 5 24 13 22 1 18 25 16 1 240 6% 14 10 8 9 to 7 9 89 -17% -18 Forgery/Counterfeiting Vandalism DUI (Alcohol and Drug) 15 21 13 6 12 15 15 20 14 21 16 12 8 10 12 12 4 13 12 14 5 125 -36% -70 15 9 13 19 17 18 170 -27% -63 16 22 16 15 19 16 170 37% 46 11 87 62 88 89 52 77 56 74 70 87 67 809 -9% -90 2415 Embezzlement Januar,,; 0 Febr_rar•, 3 March April May June July Augrvst September October 2015 Total November December (Jan -Nov) 2 2 0 1 2 0 1 0 3 1 14 Fraud Stolen Property 21 11 19 9 20 1 20 24 1 12 21 1 25 17 13 34 1 20 226 13 10 9 6 9 15 10 4 11 9 107 Forgery/Counterfeiting Vandalism 22 22 22 21 11 10 19 8 18 23 15 18 15 1- 195 20 24 24 15 30 16 18 28 15 le. 233 DUI (Alcohol and Drug) 6 12 9 10 16 13 12 11 15 11 9 1z 124 82 1 86 1 75 1 76 1 92 1 55 1 92 1 90 1 76 1 74 1 87 1 77 1 885 Jan -Nov 2015 82 86 75 76 92 55 92 90 76 74 87 77 Jan -Nov 2016 87 62 88 89 52 77 56 74 70 87 67 Pa, l a„ . Ch ar E. -28'., !7c% IT .43% 40% -39% -19% 2Z -:- The most significant reduction in 2016 to date are cases involving Forgery:Counterfeiting with a -36-0 decrease. DUI Alcohol and DUI Drug had an overall increase to date of 37%. Overall Part II between January and November is -9% decrease from 2015, staying constant with the January - September Report. The December 2015 data is not included in any of the calculations. ERINCON � Beat i LTALLEY F Rohnert Parr i¢" Mbra A. * F.alr+1'1 C' `WY Ava _r -.2 Pars i to i 3a I"• V,1<red Foie d` - �r� 'iy kburin RANCHO ren.rw li'M -2.. ADOBE FF'E � � f'.' tai Eltru�o* Ava Beat 2t� RMCON 'JALLEY Bea[ 2 ' Beat 1 3ualhtr]F 5 k f� ry�i ff � - FPo f a "� rn as �F _I+cYer C.. Ems=a, �- v Pars DrG _crrfaa - . , „ Fl City A=4O y R 'a-� Fir, CentELF } kyr Ss-A A'i":s D° -- rY_ i L .. G� y 4r v S $ a A AW.Pr ,. € r u,�.x�h ! SS '-vtesFi a• ep�wre A. 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'topic: :L- Y'lr Brief Summary of Comments: See Reverse CITY COUNCIL SPEAKER CARD Date: Agenda Item It: Name: —4 - Address: Phone: ToPtc: Brief summary of Comments: See Reverse 4.4�k01U4NERT AItem No. 7A1 62 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, January 10, 2017 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the joint regular meeting to order at 5:01 pm, the notice for which being legally noticed on January 5, 2017. Present: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Amy O. Ahanotu, Councilmember Gina Belforte, Councilmember Joseph T. Callinan, Councilmember Absent: None. Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta-Kenyon, Finance Director Howze, Development Services Director Pawson, Director of Public Works and Community Services McArthur, Human Resources Director Perrault, Director of Public Safety Masterson, Planning Manager Beiswenger, Planner I Tusinger, and Deputy City Clerk Saldanha. 2. PLEDGE OF ALLEGIANCE Led by Aiden Juarez, Student. 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Honoring Olwen Peterson and Joan Schmutz for their Volunteer Work with Friends of the Library Mayor Mackenzie presented Certificates of Recognition to Olwen Peterson and Joan Schmutz, who both thanked Council for their recognition and acknowledged the hard work of their fellow volunteers. B. Update on Military Banner Program by Andy Durkee Andy Durkee, Military Banner Program, provided the update regarding the current installation summary. City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 10 C. Presentation: Marin/Sonoma Mosquito & Vector Control District — Annual Financial Report Phil Smith, Marin/Sonoma Mosquito & Vector Control District Manager, presented the report. 4. DEPARTMENT HEAD BRIEFING City Manager Jenkins announced staff will be repairing a pipe to help prevent flooding on Snyder Lane in front of the Community Center. City Manager Jenkins reminded members of the public to drive safely during stormy weather and avoid driving through flood waters. 5. PUBLIC COMMENTS Mayor Mackenzie referenced the City Council Protocols and explained the public comment process to the audience. [Anonymous Speaker] expressed his dissatisfaction with the level of assistance and accommodations provided by the City related to his disability. Tony Geraldi, General Operations Manager of Sonoma County Airport Express, invited Councilmembers to the 71St Miss Sonoma County Competition at 7:00 p.m. at Spreckles Performing Arts Center on March 4, 2017. Siobahn Hauff described her duties as Miss Sonoma County's Outstanding Teen and explained the five competition stages of the Miss California Program. Reverend Pam Novelly expressed her concerns regarding eviction notices from the owners of Citadel Apartments located on Country Club Drive and opposed the conversion to luxury apartments in order to preserve existing affordable housing. Mike Steffen spoke about rent increases at Citadel Apartments located on County Club Drive and urged Council to focus on affordable housing issues. Chris Meyers expressed her concerns regarding Sonoma County's Regional Climate Action Plan 2020 and emphasized the importance of greenhouse gas reduction goals. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, December 13, 2016 B. Acceptance of Reports for: 1. Receive Series 2007R Excess Bond Proceeds Expenditure Report 2. Mayor Mackenzie's Appointment of Olga Senyk to the Sister Cities Relations Committee - Term Expiring December 31, 2018 3. City Bills/Demands for Payment dated January 10, 2017 4. RPFA- Cash Report for Month Ending November 2016 Housing Successor Agency- Cash Report for Month Ending November 2016 City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 3 of 10 6. Successor Agency- Cash Report for Month Ending November 2016 7. City - Cash Report for Month Ending November 2016 C. City Council Resolutions for Adoption: 1. 2017-001 Authorizing and Approving the Deletion of One Community Services Supervisor Position; the Deletion of the Community Services Specialist Classification; the Title, Salary Range, and Job Description of the Community Services Program Coordinator I/II Position; and the Addition of One Community Services Program Coordinator I/II Position in the Community Services Department 2. 2017-002 Authorizing and Approving a Public Improvement Agreement for Vast Oak East Backbone Utilities with the University District LLC and Vast Oak Property L.P. and Finding this Action Covered Under the Updated Environmental Impact Report for the University District Specific Plan Project as Amended 3. 2017-003 Approving the Plans and Specifications for Rohnert Park Street Smart (Project Number 2013-02), Awarding the Construction Contract to Ghilotti Construction Company, Inc., and Finding the Project Exempt under the California Environmental Quality Act 4. 2017-004 Authorizing and Approving a Budget Amendment and a Revenue Sharing Agreement Regarding Sale Proceeds from 6230 State Farm Drive and 415 City Center Drive 5. 2017-005 Approving a Budget Amendment and Related Actions for the Rancho Verde Traffic Signal Installation (City Project 2011-08) D. Successor Agency Resolution(s) for Adoption: 1. 2017-006 Amending the Repayment Schedule for Amounts Owed to the City of Rohnert Park by the Former Community Development Commission of the City of Rohnert Park 2. 2017-007 Approving the Annual Recognized Obligation Payment Schedule for July 1, 2017- June 30, 2018 ("ROPS 17-18"), Pursuant to Section 34177 (o) of the California Health and Safety Code E. Approve a Standardized Master Maintenance Agreement and Authorize the City Manager to Execute F. Approve Contract with R3 Consulting Group for Solid Waste Consulting Services and Authorize Finance Director to Make Any Necessary Budget Adjustments at Mid -Year G. Authorize Encroachment Permit Fee Waiver for Caltrans and its Contractors H. Direct Staff to Send Letters of Appreciation to Alicia Bonner, Timothy Wandling, Marion Ackerman and Carson Williams for Volunteer Service on City Commissions and Committees ACTION: Moved/seconded (Callinan/Belforte) to approve the Consent Calendar. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 4 of 10 7. Work Session — Review of Strategic Plan and Goals, 2016 Accomplishments, Best Practices, and 2017 Action Plan Assistant City Manager Schwartz presented the item. Recommended Action(s): Provide direction regarding a proposed update of the City's Strategic Plan. Public Comments: None. Mayor Mackenzie recessed the meeting due to a power outage at 6:53 p.m. and reconvened the meeting as soon as the power was restored at 6:54 p.m. ACTION: By Consensus (none opposed), City Council directed staff to update the Strategic Plan and Goals, 2016 Accomplishments, Best Practices and 2017 Action Plan and bring back for approval at a future meeting. 8. Sonoma County Mayors' & Councilmembers' Association Matters Consideration of Supporting "Letters of Interest" for Appointments to Vacancies by the Mayors' and Councilmembers' Association Board of Directors on February 9, 2017 and Mayor's Letter Designating an Alternate Voting Representative to Attend Mayors' and Councilmembers' Association Meetings Recommended Action(s): 1) Consider supporting the requests of councilmembers submitting letters of interest for various City Selection Committee and Mayors' and Councilmembers' Association appointments and 2) Confirm Mayor's letter designating an alternate voting representative to attend Mayors' and Councilmembers' Association meetings. A. Mayors' and Councilmembers' Association Appointments 1. ABAG Regional Planning Committee for a two year term ending in February 2019 2. Child Care Planning Council for a three year term ending in February 2020 3. North Bay Division, League of California Cities, Executive Board Alternate for a two year term ending February 2019 4. Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee for two positions with a two year term ending in February 2019 5. Sonoma -Marin Area Rail Transit (SMART) Non-SCTA Member for a four year term ending January 2021 Public Comments: None. ACTION: Mayor Mackenzie nominated Santa Rosa Councilmember Julie Combs for ABAG Regional Planning Committee for a two-year term ending February 2019 and Councilmember Callinan seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Mayor Mackenzie nominated Santa Rosa Councilmember Julie Combs for Child Care Planning for a three-year term ending February 2020 and Vice Mayor Stafford seconded. City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 5 of 10 Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Councilmember Belforte nominated Santa Rosa Councilmember John Sawyer for League of California Cities North Bay Division, Executive Board Alternate for a two-year term ending February 2019 and Vice Mayor Stafford seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Councilmember Belforte nominated Sonoma Councilmember David Cook and Windsor Vice Mayor Dominic Foppoli for Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee for two positions with a two-year term ending February 2019 and Vice Mayor Stafford seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Councilmember Ahanotu nominated Windsor Mayor Debora Fudge for Sonoma -Marin Area Transit (SMART) Non-SCTA Member for a four-year term ending January 2021 and Vice Mayor Stafford seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. B. City Selection Committee Appointments 1. Bay Area Air Quality Management District for a two year term ending March 2019 2. Golden Gate Bridge, Highway & Transportation District for a two-year term ending March 2019 3. Remote Access Network (RAN) Board (no term, must be filled by a Mayor) 4. California Coastal Commission to fill a four-year term Public Comments: None. ACTION: Mayor Mackenzie nominated Petaluma Vice Mayor Teresa Barrett for Bay Area Quality Management District for a two-year term ending March 2019 and Councilmember Belforte seconded. City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 10 Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Councilmember Ahanotu nominated Rohnert Park Councilmember Gina Belforte for Golden Gate Bridge, Highway & Transportation District for a two-year term ending March 2019 and Mayor Mackenzie seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Mayor Mackenzie nominated himself for Remote Access Network (RAN) Board (no term, must be filled by a Mayor) and Councilmember Belforte seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Councilmember Belforte nominated Sebastopol Councilmember Sarah Glade Gurney California Coastal Commission to fill a four-year term and Mayor Mackenzie seconded. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. C. Mayor's Letter Designating an Alternate Voting Representative to Attend City Selection Committee or Sonoma County Mayors' and Councilmembers' Association Meetings Public Comments: None. ACTION: Council confirmed Mayor Mackenzie's designation of Vice Mayor Stafford as the alternate voting representative to attend City Selection Committee or Sonoma County Mayors' and Councilmembers' Association meetings if he is unable to attend. 9. PUBLIC HEARING (NO EARLIER THAN 6PM — Noticed on 12/30/2016) Mitigated Negative Declaration for Residences at Five Creek Project and the City Public Safety/Public Works Facility; and Residences at Five Creek Project, including General Plan Amendment, Stadium Area Master Plan Amendments, Final Development Plan and Conditional Use Permit; Introduction of an Ordinance Approving a Development Agreement Between the City of Rohnert Park and Stadium RP Development Partners, LLC, for Development of the Residences at Five Creek Project (APN 143-040-124); and Tentative Map (File No. PROJ2016-0001) City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 7 of 10 Assistant City Manager Schwartz and Planning Manager Beiswenger presented the item. Director Pawson addressed questions regarding storm water. Recommended Action(s): Conduct a public hearing and consider approval of a Mitigated Negative Declaration for Residences at Five Creek/City Public Safety/Public Works Facilities; and consider approval of the Residences at Five Creek Project, including approval of a General Plan Amendment, Stadium Area Master Plan Amendments, Final Development Plan and Conditional Use Permit; Development Agreement between the City and Stadium RP Development Partners LLC; and Tentative Map (File No. PROJ2016-0001). Mayor Mackenzie stepped away from the dais and Vice Mayor Stafford assumed the gavel returned at 7:17 p.m. Mayor Mackenzie returned at 7:21 p.m. and reassumed the gavel. Hearing Opened 8:00 p.m. Public Comments: Matt Waken, Stadium RP Development Partners, supports the development and commended staff for their work on this project. Matt Waken addressed questions from the Council regarding architecture, timelines, water pressure conditions, and retail tenants. Andrew Wood, Hotel Developer for Stratus Development, supports the development and emphasized that Rohnert Park is an attractive site for a new hotel. Andy Bordessa, Civil Engineer for Civil Design Consultants Inc., supports the development and commented on storm drain designs. Councilmember Ahanotu stepped away from the dais at 8:06 p.m. and returned at 8:07 p.m. Tony Saris, Fiori Estates Owner, opposes the development and expressed concerns regarding the construction of more apartments and need for more retail. Betty Saris, wife of Fiori Estates Owner, opposes the development and spoke about the project's lack of affordable housing fees. Hearing Closed 8:28 p.m. ACTION: Moved/seconded (Ahanotu/Stafford) to adopt Resolution 2017-008 Approving the Mitigated Negative Declaration for the Residences at Five Creek Project and City Public Safety and Public Works Facilities (APN 143- 040-124) For the record, Councilmember Callinan asked City Manager Jenkins to publicly address issues regarding purchase prices for the Five Creek Project. City Manager Jenkins discussed purchase prices and noted that the main focus of the project is the revenue stream generated from the development. Councilmember Callinan also questioned City Manager Jenkins on the transition from commercial property to residential property during the marketing process. City Manager reported that the property was publicly marketed to retailers, but these efforts only resulted in one interested party, which was a grocery store. Councilmember Callinan also asked City Manager Jenkins to address matters on affordable housing. City Manager Jenkins discussed recent changes City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 8 of 10 in case law regarding cities and rent control requirements. Councilmember Callinan highlighted the importance of Transient Occupancy Taxes (TOT) and explained how the project will benefit the long term goals of the City. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Ahanotu) to adopt Resolution 2016-009 Approving a General Plan Text and Map Amendments to Allow for the Residences at Five Creek Project (APN 143-040-124) Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Ahanotu/Stafford) to adopt Resolution 2016-010 Approving Amendments to the Stadium Area Master Plan, Adoption of a Final Development Plan and Conditional Use Permit for the Residences at Five Creek Project (APN 143-040-124) Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Ahanotu/Stafford) to introduce Ordinance 903 An Ordinance of the City Council of Rohnert Park, California, Approving a Development Agreement Between the City of Rohnert Park and Stadium RP Development Partners, LLC, for Development of the Residences at Five Creek Project (APN 143-040-124) Title read by Mayor Mackenzie. Councilmember Belforte proposed changing the language in Section 6.6 on page 14 of the Development Agreement by adding the words "or preservation" to the sentence which currently reads "to assist in the creation of affordable housing." Councilmember Ahanotu supported the addition of language proposed by Councilmember Belforte and amended his motion to reflect this change to the Development Agreement. Vice Mayor Stafford seconded. Motion carried unanimously by the following 5-0 roll call vote: AYES: Ahanotu, Belforte, Callinan, Stafford and Mackenzie, and Belforte, NOS: None, ABSTAINS: None, ABSENT: None. ACTION: Moved/seconded (Ahanotu/Belforte) to adopt Resolution 2016-011 Approving a Tentative Map to Allow the Subdivision of Property Located at 5900 Labath Avenue (APN 143-040-124) Into Five Parcels City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 9 of 10 Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None. 10. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports 1. Education Committee (12/2) Councilmember Belforte reported on positive collaboration efforts between members of the educational community. 2. Waste & Recycling; Committee (12/19) Vice Mayor Stafford reported on issues surrounding waste disposal and noted that the consultant services agreement with R3 Consulting Group was approved by City Council at tonight's meeting. B. Liaison Reports 1. Health Action Council (12/2) No report. 2. Chamber of Commerce (Board of Directors)(12/14) Councilmember Stafford announced the "Hot Crab" Crab Feed will take place on February 11, 2017. 3. Golf Course Oversight Committee (1/3) No report. 4. Sonoma County Transportation Authority (SCTA.) (12/12) Mayor Mackenzie reported on the renewal of the sales tax measure, "Measure M", in order to generate more funding for the improvement of road conditions in Sonoma County. Mayor Mackenzie also reported on funding efforts regarding the widening of Highway 101. C. Other Reports None. 11. COMMUNICATIONS Mackenzie Mayor attended the swearing in ceremony for the Sonoma County Board of Supervisors on January 10, 2017. Mayor Mackenzie discussed the Women's March on Washington and Council opposed placing this matter on a future agenda. 12. MATTERS FROM/FOR COUNCIL Councilmember Callinan announced that the Police Officer's Association (POA) Crab Feed will take place on January 17, 2017. A. Council Consideration of Proposed FY 2016-17 Budget Work Session Schedule — April 2411 11:00 am to 5:00 pm and April 25119:00 am to 5:00 pm City of Rohnert Park Joint Regular Meeting Minutes January 10, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 10 of 10 Councilmember Ahanotu noted that he is unavailable on April 24, 2017. ACTION: By Consensus (none opposed), City Council directed staff to hold the Budget Work Session on April 25, 2017 from 9:00 a.m. to 5:00 p.m. and April 27, 2017 from 12:00 p.m. to 5:00 p.m. 13. PUBLIC COMMENTS None. 14. CLOSED SESSION A. Mayor Mackenzie made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 8:53 p.m. in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees' International Union (SElU) b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Officers' Association (RPPSOA) d. Rohnert Park Public Safety Managers' Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees 2. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): (Two Cases) 3. Conference with Legal Counsel — Existing Litigation (Government Code §54956.9(a)) Thomas, et. al. vs. City ofRohnert Park, et. al., Sonoma County Superior Court Case No. MSC 187100; Hildebrand vs. City of Rohnert Park, Sonoma County Superior Court Case No. MSC 187094 B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 9:30 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Mackenzie reported: no reportable action. 15. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 9:30 p.m. Caitlin Saldanha, Deputy City Clerk City of Rohnert Park Jake Mackenzie, Mayor City of Rohnert Park Item No. 713 1 ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY To: City Council via Chief Masterson From: SGT. Utecht and PSO Snodgrass Subject: 2016 ABSO Annual Report Date: 12/22/2016 I. Specific allocation of the fees to be collected to activities The annual fees collected for 2016 fiscal year for the Alcohol Beverage Service Ordinance (ABSO) Program thus far were $25,825.00. The 2016 fiscal year ABSO Program expenditures were $15,864.79. At the end of the year the program came in $9,960.21 under budget for 2016 calendar year. It should be noted that the ABSO Program budget is based on the fiscal year, 2016/2017, while the fees collected are based on the 2016 calendar year. I have attached the fiscal year 2016/2017 ABSO Program Budget to provide you with a detailed breakdown of the programs spending during the fiscal year. There are several additional expenditures for this fiscal year that are still pending, for example better identification checking equipment for each business as well as the printing cost for a new training handout that will be available in both English and Spanish. II. Problems regarding enforcement of the performance standards, conditions and regulations The ABSO team continues to address the issue of merchants relying on Alcohol Beverage Control (ABC) Rule 141. This rule requires that decoy's must tell the truth and cannot use fake or barrowed identification when conducting ABC Decoy Operations. Because of this rule we found that merchants were simply asking younger looking customers if they were 21 years old knowing that if the person said yes, whether it was the truth or not, that the person was not a law enforcement decoy and they would not get in trouble. Our Responsible Beverage Service (RBS) training program instructs the merchants that simply asking the customer's age will not protect them any longer from possible criminal prosecution. We explain that we are not conducting ABC Decoy Operations and therefore ABC Rule 141 does not apply and they will be subject to criminal prosecution. We have also added additional training on out of state identification checking techniques. III. Mitigating such problems, through prevention, education and enforcement of the performance In 2016 the ABSO program provided (15) RBS classes and performed 58 IMPACT (Alcohol Compliance) inspections. During these inspections the ABSO Team continued to educate businesses of the ongoing need for RBS Training and the requirement of the ABSO Ordinance that all new employees must attend a RBS class within the first 60 days of employment. The RBS team conducted 41 non ABC decoy operations as explained above. Of the 41 businesses contacted only 8 merchants sold alcohol to our minor decoys or 19%. When comparing these results with those of just two years ago when approximately 70% of the businesses were selling to minors this is a significant reduction of approximately 51 %. We believe these results are due to two changes in the program. The first is telling merchants that Rule 141 will no longer protect them. The second is that we are training our merchants to put themselves first. We do this by identifying all of the negative things that could occur by selling to a minor or obviously intoxicated person. We then compare those to the one thing that happens if they do not make the sale, and that one thing is that person does not get any alcohol. IV. The future of the program During 2016 the ABSO Team held a testing process to add additional sworn RPDPS members to the team. This test included the applicant's knowledge of alcohol related laws as well as a teaching portion. The ABSO team was pleased to announce that four new members were selected to assist in future RBS Training Classes and Enforcement Operations. City of Rohnert Park Council Members Expense Report by Quarter Fiscal Year 16/17 Remaining Account Quarter 1 Quarter 2 Quarter 3 Quarter 4 YTD Total Budget Budget City Representation 6601 $0.00 $427.72 $0.00 $0.00 $427.72 $450.00 $22.28 City Representation 6602 $0.00 $0.00 $0.00 $0.00 $0.00 $450.00 $450.00 Stafford 6606 $50.00 $160.00 $0.00 $0.00 $210.00 $1,000.00 $790.00' Mackenzie 6611 $809.86 -$80.00 $0.00 $0.00 $729.86 $1,000.00 $270.14 Belforte 6612 $482.90 $195.00 $0.00 $0.00 $677.90 $1,000.00 $322.10. Callinan 6613 $25.00 $0.00' $0.00 $0.00 $25.00 $1,000.00 $975.00 Ahanotu 6614 $0.00 $0.00 $0.00 $0.00' $0.00 $1,000.00 $1,000.00' Total $1,367.76 $702.72 $0.00 $0.00 $2,070.48 $5,900.00 $3,829.52 City of Rohnert Park Council Members Quarterly Travel Expense *----- 2nd Quarter Oct. 2016 - Dec. 2016 Account Event Description Check Date Amount City Representation 6601 Annual Conference & Expo Registration 10/5-10/7/16 11/21/2016 $412.72 League of California Cities Meeting 10/5/16 12/8/2016 $15.00 $427.72 City Representation 6602 Stafford 6606 Noon Times Luncheon 10/5/16 2016 Fall Economic Forecast 10/7/16 Noon Times Luncheon 11/2/16 Chamber Lunch Event 12/9/16 Mackenzie 6611 2016 Fall Economic Forecast 10/7/16 Registration Reimbursement from Local Government Commission Annual Planning Commissioner's Conference 12/3/16 Belforte 6612 SoCo Mayor's & Councilmember's Assoc. Dinner 11/17/16 Los Cien Business Luncheon 11/18/16 Bark After Dark 11/5/16 Noon Times Luncheon 11/2/16 Chamber Lunch Event 12/9/16 Callinan 6613 Ahanotu 6614 Note: Expenses are reported when paid not attended. $0.00 11/21/2016 $25.00 11/21/2016 $25.00 12/21/2016 $25.00 12/21/2016 $85.00 $160.00 11/21/2016 $85.00 12/16/2016 -$250.00 12/21/2016 $85.00 -80.00 10/27/2016 $40.00 11/4/2016 $25.00 12/21/2016 $20.00 12/21/2016 $25.00 12/21/2016 $85.00 $195.00 $0.00 $0.00 TOTAL $702.72 CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE January 10, 2017 Check Numbers. 236655-236971 $483,744.55 Dated: December 5,2016 - January 03,2017 Total $ 483,744.55 Accounts Checks for Approval User: mpadilla Printed: 1/17/2017 - 10:45 AM Check Check Date Fund Name Account Name 236655 01/04/2017 General Fund Court Order Payable 236656 01/04/2017 General Fund Medical Ins Hartford -Ret Med 236657 01/04/2017 General Fund HSABank Payable 236658 01/04/2017 General Fund Def Comp Payable-Gw 236659 01/04/2017 General Fund Def Comp Payable-Gw 236659 01/04/2017 General Fund Def Comp Payable-Gw 236660 01/04/2017 General Fund Rpea Dues 236661 01/04/2017 General Fund Scope Dues Payable 236662 01/04/2017 General Fund United Way Payable 236663 01/04/2017 General Fund Police/Armory - Police 236664 01/04/2017 ISF - Fleet Uniforms & Laundry Svcs -Fleet 236664 01/04/2017 General Fund Uniforms & Laundry Svcs -PW 236664 01/04/2017 Sewer Utility Fund Uniforms & Laundry Svcs -Sewer Vendor Name Co of Sonoma Sheriffs Department Check Total: HARTFORD LIFE INS Check Total: HSA Bank Check Total: Nationwide Retirement Solutions Check Total: Nationwide Retirement Solutions Nationwide Retirement Solutions Check Total: CITY OF ROHNERT PARK Check Total: SEIU Local 1021 Check Total: United Way Check Total: Alameda County Sheriffs Office Check Total: Aramark Aramark Aramark Page 1 of 33 Void Amount 459.61 459.61 30,538.95 30,538.95 1,303.00 1,303.00 1,452.15 1,452.15 2,915.84 2,100.00 5,015.84 645.00 645.00 1,206.28 1,206.28 43.26 43.26 400.00 400.00 27.32 43.16 33.48 Check Check Date Fund Name 236664 01/04/2017 Water Utility Fund 236664 01/04/2017 General Fund 236664 01/04/2017 General Fund 236664 01/04/2017 General Fund 236664 01/04/2017 General Fund 236664 01/04/2017 General Fund 236665 01/04/2017 General Fund 236666 01/04/2017 Water Utility Fund 236666 01/04/2017 Sewer Utility Fund 236666 01/04/2017 General Fund 236667 01/04/2017 General Fund Account Name Uniforms & Laundry Svcs -Water Uniforms & Laundry Svcs -Street Contract Svcs - JEPA Mtn Uniforms & Laundry Svcs -Parks Repairs & Maint Routine - CH Spec Dept Exp - RPCC Medications - AS Contractual Svs - Water Contractual Svs -Sewer Contract Svcs - FIN Repairs & Maint Routine-ASBIdg 236668 01/04/2017 Recycled Water Utility Fund Contractual & Professinal - RW 236670 01/04/2017 General Fund 236670 01/04/2017 General Fund 236670 01/04/2017 General Fund 236671 01/04/2017 Water Utility Fund 236672 01/04/2017 General Fund 236672 01/04/2017 General Fund 236672 01/04/2017 General Fund 236673 01/04/2017 General Fund 236674 01/04/2017 General Fund Spec Dept Exp - Parks Sales Tax Payable Spec Dept Exp - Parks Contractual Svs - Water Spec Dept Exp - PW Spec Dept Exp - PW Sales Tax Payable Contract Svcs - Police Spec Dept Exp -PAC Vendor Name Aramark Aramark Aramark Aramark Aramark Aramark Check Total: Blade King Specialties Check Total: BOLT STAFFING SERVICE, INC. BOLT STAFFING SERVICE, INC. BOLT STAFFING SERVICE, INC. Check Total: Buchanan Food Service Check Total: CA WATER RESOURCES BOARD Check Total: Cal -Steam Cal -Steam Cal -Steam Check Total: Caltest Analytical Laboratory Check Total: City Electric Supply City Electric Supply City Electric Supply Check Total: Critical Reach Greg Davis Page 2 of 33 Check Total: Check Total: Void Amount 37.80 17.29 7.70 51.22 247.66 101.39 567.02 36.00 36.00 478.24 478.24 1,195.60 2,152.08 331.01 331.01 48.30 48.30 -0.01 0.01 43.38 43.38 1,305.00 1,305.00 1,234.05 5.70 -5.70 1,234.05 565.00 565.00 150.00 150.00 Check Check Date Fund Name 236675 01/04/2017 General Fund 236676 01/04/2017 Water Utility Fund 236677 01/04/2017 General Fund 236677 01/04/2017 General Fund 236678 01/04/2017 General Fund 236678 01/04/2017 General Fund 236678 01/04/2017 General Fund 236678 01/04/2017 General Fund 236678 01/04/2017 General Fund 236678 01/04/2017 General Fund 236679 01/04/2017 General Fund 236679 01/04/2017 General Fund 236679 01/04/2017 General Fund 236679 01/04/2017 General Fund 236679 01/04/2017 General Fund Account Name Recruitment - Police Spec Dept Exp - Water Spec Dept Exp - Streets Spec Dept Exp - Streets Contract Svcs - SrC Contract Svcs - CH Contract Svcs - CH Contract Svcs - SrC Contract Svcs - RPCC Contract Svcs - SpC Spec Dept Exp - B Pool Spec Dept Exp -BARC Spec Dept Exp - Gold Ridge Spec Dept Exp - H Pool Spec Dept Exp - SrC Vendor Name EMPLOYMENT SCREENING Check Total: Fast Access Security Corp Check Total: Fastenal Fastenal Check Total First Alarm Securities Services First Alarm Securities Services First Alarm Securities Services First Alarm Securities Services First Alarm Securities Services First Alarm Securities Services Check Total: Fishman Supply Company Fishman Supply Company Fishman Supply Company Fishman Supply Company Fishman Supply Company Check Total: 236680 01/04/2017 General Fund Unleaded Fuel Inventory Flyers Energy 236680 01/04/2017 General Fund Unleaded Fuel Inventory Flyers Energy 236680 01/04/2017 General Fund Gas & Oil - Police Flyers Energy 236680 01/04/2017 General Fund Unleaded Fuel Inventory Flyers Energy 236680 01/04/2017 General Fund Unleaded Fuel Inventory Flyers Energy Check Total: 236681 01/04/2017 General Fund Sales Tax Payable Friedman's Home Improvement 236681 01/04/2017 ISF - Fleet Repairs & Maint Routine -Fleet Friedman's Home Improvement 236681 01/04/2017 ISF - Fleet Repairs & Maint Routine -Fleet Friedman's Home Improvement 236681 01/04/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236681 01/04/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236681 01/04/2017 General Fund Sales Tax Payable Friedman's Home Improvement 236681 01/04/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236681 01/04/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236681 01/04/2017 General Fund Sales Tax Payable Friedman's Home Improvement 236681 01/04/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement Page 3 of 33 Void Amount 127.10 127.10 2.189.00 2.189.00 46.35 38.73 85.08 60.00 41.78 772.50 89.97 144.61 144.62 1,253.48 152.04 36.29 294.30 202.70 73.23 758.56 600.63 614.27 531.61 787.40 789.68 3,323.59 -0.02 4.81 0.02 103.05 0.48 -0.48 103.05 0.48 -0.48 108.24 Check Check Date Fund Name 236681 01/04/2017 General Fund 236681 01/04/2017 General Fund 236682 01/04/2017 ISF - Fleet 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236683 01/04/2017 236684 01/04/2017 236685 01/04/2017 236685 01/04/2017 236685 01/04/2017 236686 01/04/2017 General Fund Water Utility Fund Water Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund Sewer Utility Fund Water Utility Fund Water Utility Fund Sewer Utility Fund General Fund Sewer Utility Fund General Fund ISF - Fleet General Fund Sewer Utility Fund Water Utility Fund ISF - Fleet Account Name Spec Dept Exp - Parks Sales Tax Payable Veh Repairs for Fire -Fleet Sales Tax Payable Small Tools - Water Small Tools - Water Spec Dept Exp - Parks Spec Dept Exp - H Pool Spec Dept Exp - Streets Spec Dept Exp - PW Spec Dept Exp - PW Sales Tax Payable Spec Dept Exp -Sewer Spec Dept Exp - Water Small Tools - Water Spec Dept Exp -Sewer Sales Tax Payable Spec Dept Exp -Sewer Repairs & Maint Routine-PSMain Veh Repairs for Police -Fleet Contract Svcs - FIN Contractual Svs -Sewer Contractual Svs - Water Veh Repairs for Police -Fleet 236687 General Fund Spec Dept Exp - Parks Sewer Utility Fund Spec Dept Exp -Sewer General Fund Spec Dept Exp - Streets Water Utility Fund Spec Dept Exp - Water 01/04/2017 236687 01/04/2017 236687 01/04/2017 236687 01/04/2017 Vendor Name Friedman's Home Improvement Friedman's Home Improvement Check Total: Golden State Emergency Vehicle Service Inc Check Total Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Grainger, Inc. Check Total: Auto Repairs Unlimited Check Total: BOLT STAFFING SERVICE, INC. BOLT STAFFING SERVICE, INC. BOLT STAFFING SERVICE, INC_ Check Total: DAN'S SUPERIOR AUTO SERVICE Check Total: Fastenal Fastenal Fastenal Fastenal Page 4 of 33 Check Total: Void Amount 0.50 -0.50 319.15 721.69 721.69 -0.01 205.01 0.01 29.23 30.57 36.24 10.95 -0.01 0.01 60.73 77.09 122.91 -0.01 0.01 71.79 61.07 705.59 602.31 602.31 1,195.60 567.91 567.91 2,331.42 829.82 829.82 64.81 64.81 64.81 64.83 259.26 Check Check Date Fund Name Account Name 236688 01/04/2017 ISF - Information Technology Office Equip - IT 236688 01/04/2017 ISF - Information Technology Office Equip - IT 236688 01/04/2017 General Fund Sales Tax Payable 236689 01/04/2017 General Fund Sales Tax Payable 236689 01/04/2017 Sewer Utility Fund Spec Dept Exp -Sewer 236689 01/04/2017 Sewer Utility Fund Spec Dept Exp -Sewer 236690 01/04/2017 ISF - Fleet 236690 01/04/2017 ISF - Fleet 236690 01/04/2017 General Fund 236691 01/04/2017 General Fund 236691 01/04/2017 General Fund 236692 01/04/2017 General Fund 236692 01/04/2017 General Fund 236692 01/04/2017 General Fund 236693 01/04/2017 236693 01/04/2017 236694 01/04/2017 236694 01/04/2017 236694 01/04/2017 236695 01/04/2017 236695 01/04/2017 236695 01/04/2017 236696 01/04/2017 236696 01/04/2017 236696 01/04/2017 Sewer Utility Fund Sewer Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Veh Repairs for Police -Fleet Veh Repairs for Police -Fleet Sales Tax Payable Contract Svcs - SrC Contract Svcs - RPCC Spec Dept Exp - Parks Spec Dept Exp - Parks Sales Tax Payable Contractual Svs -Sewer Repairs & Maint Routine -Sewer Spec Dept Exp - Parks Sales Tax Payable Spec Dept Exp - Parks Spec Dept Exp - Parks Sales Tax Payable Spec Dept Exp - Parks Spec Dept Exp - Streets Sales Tax Payable Spec Dept Exp - Streets Vendor Name Fire Safety Supply Fire Safety Supply Fire Safety Supply Check Total Friedman's Home Improvement Friedman's Home Improvement Friedman's Home Improvement Check Total GCR Tires & Service GCR Tires & Service GCR Tires & Service Check Total: The Hitmen Termite & Pest Control The Hitmen Termite & Pest Control Check Total: Horizon Horizon Horizon Check Total: JACOBSON FENCE CO., INC. JACOBSON FENCE CO., INC. Check Total: John Deere Financial John Deere Financial John Deere Financial Check Total: Landscapes Unlimited Landscapes Unlimited Landscapes Unlimited Check Total Le Ballister's Inc Le Ballister's Inc Le Ballister's Inc Page 5 of 33 Void Amount 857.34 3.96 -3.96 857.34 -1.50 324.74 1.50 324.74 97.43 0.15 -0.15 97.43 60.00 75.00 135.00 16.35 0.07 -0.07 16.35 975.00 1,440.00 2,415.00 0.20 -0.20 47.69 47.69 2.16 -2.16 467.64 467.64 1.70 -1.70 368.05 Check Check Date Fund Name Account Name Vendor Name Check Total: 236697 01/04/2017 ISF - Fleet Veh Repairs for Sewer --Fleet LEETE GENERATORS 236702 01/04/2017 Water Utility Fund SystemRepair - Water Check Total: 236698 01/04/2017 Water Utility Fund Uniforms & Laundry Svcs -Water Martin Ranch Supply 236703 01/04/2017 General Fund Concession Purchases - SpC Check Total: 236699 01/04/2017 General Fund Printing Services - PS National Document Solutions, LLC 236699 01/04/2017 General Fund Sales Tax Payable National Document Solutions, LLC 236699 01/04/2017 General Fund Printing Services - PS National Document Solutions, LLC 236699 01/04/2017 General Fund Uniforms - Fire National Document Solutions, LLC 236699 01/04/2017 General Fund Uniforms - Fire National Document Solutions, LLC 236699 01/04/2017 General Fund Sales Tax Payable National Document Solutions, LLC 236705 01/04/2017 ISF - Fleet Veh Repairs for Parks -Fleet Check Total: 236700 01/04/2017 General Fund Office Supplies - Police Office Depot 236700 01/04/2017 General Fund Office Supplies - SpC Office Depot 236700 01/04/2017 General Fund Office Supplies - SpC Office Depot 236700 01/04/2017 General Fund Sales Tax Payable Office Depot Check Total: 236701 01/04/2017 ISF - Fleet Veh Repairs for Fire -Fleet Opperman & Son, Inc. Check Total: 236702 01/04/2017 Water Utility Fund SystemRepair - Water Pace Supply 236702 01/04/2017 Water Utility Fund SystemRepair - Water Pace Supply Check Total: 236703 01/04/2017 General Fund Concession Purchases - SpC Pepsi-Cola 236703 01/04/2017 General Fund Concession Purchases - SpC Pepsi-Cola 236703 01/04/2017 General Fund Sales Tax Payable Pepsi-Cola Check Total: 236704 01/04/2017 Water Utility Fund Contractual Svs - Water PES ENVIRONMENTAL INC Check Total: 236705 01/04/2017 ISF - Fleet Veh Repairs for Parks -Fleet Productivity Plus Account 236705 01/04/2017 ISF - Fleet Veh Repairs for Parks -Fleet Productivity Plus Account 236705 01/04/2017 General Fund Sales Tax Payable Productivity Plus Account Page 6 of 33 Void Amount 368.05 2,535.13 2,535.13 246.84 246.84 -0.01 0.01 131.60 35.90 -0.01 0.01 167.50 47.61 40.25 0.85 -0.85 87.86 22.08 22.08 259.84 -244.69 15.15 640.48 24.72 -24.72 640.48 312.80 312.80 161.34 0.74 -0.74 Check Check Date Fund Name 236706 01/04/2017 Refuse Utility Fund 236707 01/04/2017 General Fund 236707 01/04/2017 General Fund 236707 01/04/2017 General Fund 236708 01/04/2017 ISF - Fleet 236708 01/04/2017 ISF - Fleet 236708 01/04/2017 ISF - Fleet 236708 01/04/2017 ISF - Fleet 236708 01/04/2017 ISF - Fleet 236708 01/04/2017 ISF - Fleet 236709 01/04/2017 General Fund 236709 01/04/2017 General Fund 236709 01/04/2017 General Fund 236710 01/04/2017 ISF - Fleet Account Name Refuse/Contractal/Professnl Sv Spec Dept Exp - Streets Spec Dept Exp - Streets Spec Dept Exp - Streets Veh Repairs for Sewer --Fleet Veh Repairs for Fire -Fleet Spec Dept Exp - Fleet Veh Repairs for Parks -Fleet Veh Repairs for Fire -Fleet Veh Repairs for Fire -Fleet Uniforms - Police Uniforms - Police Uniforms - Police Veh Repairs for Parks -Fleet 236711 01/04/2017 Successor Agency Housing Fur Contract Svcs - Housing 236712 01/04/2017 General Fund 236712 01/04/2017 General Fund 236712 01/04/2017 General Fund 236713 01/04/2017 General Fund 236714 01/04/2017 General Fund 236714 01/04/2017 General Fund Sales Tax Payable Spec Dept Exp - Streets Spec Dept Exp - Streets Rec Ref Clearing Softwr License & Maint-NonDept Softwr License & Maint-NonDept Vendor Name Check Total: R3 Consulting Group Check Total: Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Check Total: Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Check Total: Santa Rosa Uniform & Career Apparel Santa Rosa Uniform & Career Apparel Santa Rosa Uniform & Career Apparel Check Total: Six Robblees' Inc. Check Total: United Site Services Check Total: The Barricade Company The Barricade Company The Barricade Company Obdulia Espinoza Granicus, Inc. Granicus, Inc. Page 7 of 33 Check Total Check Total: Check Total: Void Amount 161.34 5,620.00 5,620.00 26.17 130.50 80.51 237.18 380.70 29.45 119.11 264.24 341.58 134.74 1,269.82 245.67 -10.34 1,218.00 1,453.33 26.83 26.83 255.93 255.93 -3.71 803.81 3.71 803.81 400.00 400.00 700.00 100.00 800.00 Check Check Date Fund Name 236715 01/04/2017 ISF - Fleet 236716 01/04/2017 General Fund Account Name Veh Repairs for Police -Fleet Recruitment - Police 236717 01/04/2017 Water Utility Fund Spec Dept Exp - Water 236717 01/04/2017 Water Utility Fund Spec Dept Exp - Water 236717 01/04/2017 General Fund Sales Tax Payable 236717 01/04/2017 General Fund Contract Svcs - Storm Drains 236717 01/04/2017 General Fund Contract Svcs - Storm Drains 236717 01/04/2017 General Fund Sales Tax Payable 236718 01/04/2017 General Fund Medications - AS 236718 Oi/04/2017 General Fund Medications - AS 236719 01/04/2017 General Fund Shelter Food - AS 236720 01/04/2017 General Fund Spec Dept Exp - Streets 236720 01/04/2017 General Fund Spec Dept Exp - Streets 236720 01/04/2017 General Fund Sales Tax Payable 236721 01/04/2017 General Fund Uniforms - Police 236721 01/04/2017 General Fund Uniforms - Fire 236721 01/04/2017 General Fund Uniforms - Fire 236721 01/04/2017 General Fund Sales Tax Payable 236721 01/04/2017 General Fund Uniforms - Police 236721 01/04/2017 General Fund Sales Tax Payable 236722 01/04/2017 Water Capital Project Fund WA -28 Water Meter Installtin 236723 01/04/2017 General Fund Recruitment - AS 236723 01/04/2017 Sewer Utility Fund License Permit & Fees - Sewer 236723 01/04/2017 General Fund Recruitment- HR Vendor Name Hansel Ford Check Total: Michael T. Hardin Investigations Check Total: HDS WHITE CAP CONST SUPPL HDS WHITE CAP CONST SUPPL HDS WHITE CAP CONST SUPPL HDS WHITE CAP CONST SUPPL HDS WHITE CAP CONST SUPPL HDS WHITE CAP CONST SUPPL Check Total: Henry Schein Animal Health Henry Schein Animal Health Check Total: Hill's Pet Nutrition Sales, Inc Check Total: Horizon Horizon Horizon Check Total: National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC Check Total: National Meter & Automation, Inc. Check Total: Occupational Health Centers of California Occupational Health Centers of California Occupational Health Centers of California Page 8 of 33 Void Amount 134.58 134.58 300.00 300.00 430.87 -0.01 0.01 378.73 1.74 -1.74 809.60 111.23 50.00 161.23 98.57 98.57 544.41 2.52 -2.52 544.41 64.16 35.91 -0.01 0.01 -0.01 0.01 100.07 1,440.94 1,440.94 152.00 81.50 152.00 Check Check Date Fund Name Account Name Vendor Name 236724 01/04/2017 General Fund Office Supplies - Police Office Depot 236724 01/04/2017 General Fund Office Supplies - RPCC Office Depot 236724 01/04/2017 General Fund Office Supplies - AS Office Depot 236724 01/04/2017 General Fund Office Supplies - PW Office Depot 236724 01/04/2017 General Fund Spec Dept Exp - Streets Office Depot 236724 01/04/2017 General Fund Office Supplies - PW Office Depot 236724 01/04/2017 General Fund Sales Tax Payable Office Depot 236724 01/04/2017 General Fund Office Supplies - PW Office Depot 236724 01/04/2017 General Fund Sales Tax Payable Office Depot 236724 01/04/2017 General Fund Office Supplies - DS Office Depot 236725 01/04/2017 Water Utility Fund SystemRepair - Water Pace Supply 236725 01/04/2017 Water Capital Project Fund WA -28 Water Meter Installtin Pace Supply 236725 01/04/2017 Water Capital Project Fund WA -28 Water Meter Installtin Pace Supply 236726 01/04/2017 General Fund 236727 01/04/2017 General Fund 236728 01/04/2017 ISF - Fleet 236728 01/04/2017 General Fund 236729 01/04/2017 General Fund 236729 01/04/2017 General Fund 236730 01/04/2017 General Fund Rec Ref Clearing Contract Svcs - Fire Repairs & Maint Routine -Fleet Repairs & Maint Routine - CH Spec Dept Exp - Parks Spec Dept Exp - Streets Spec Dept Exp - Parks 236731 01/04/2017 Recycled Water Utility Fund Purchase of RW 236732 01/04/2017 ISF - Fleet 236732 01/04/2017 ISF - Fleet Veh Repairs for Police -Fleet Veh Repairs for Parks -Fleet Check Total: Check Total: Check Total: Say Phommakesone Check Total: RANCHO ADOBE FIRE Check Total: Redwood Lock & Key Redwood Lock & Key Check Total: Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Check Total: Rincon Valley Yard and Garden Inc. Check Total: City of Santa Rosa Check Total: Santa Rosa Auto Parts Santa Rosa Auto Parts Page 9 of 33 Void Amount 385.50 -52.41 53.58 34.70 230.32 123.95 4.98 -4.98 4.99 -4.99 123.26 513.40 68.56 42.12 128.33 239.01 400.00 400.00 14,763.00 14,763.00 1,406.81 87.00 1,493.81 46.02 92.87 138.89 339.19 339.19 9,629.45 9,629.45 -19.58 -75.65 Check Check Date Fund Name Account Name Vendor Name Void Amount 236732 01/04/2017 ISF - Fleet Veh Repairs for Fire-Fleet Santa Rosa Auto Parts -176.18 236732 01/04/2017 ISF - Fleet Veh Repairs for Police-Fleet Santa Rosa Auto Parts -80.41 236732 01/04/2017 ISF - Fleet Veh Repairs for Police-Fleet Santa Rosa Auto Parts 31.99 236732 01/04/2017 ISF - Fleet Spec Dept Exp - Fleet Santa Rosa Auto Parts 40.69 236732 01/04/2017 General Fund Spec Dept Exp - Streets Santa Rosa Auto Parts 29.80 236732 01/04/2017 ISF - Fleet Veh Repairs for Parks-Fleet Santa Rosa Auto Parts 62.93 236732 01/04/2017 ISF - Fleet Spec Dept Exp - Fleet Santa Rosa Auto Parts 231.12 236732 01/04/2017 ISF - Fleet Veh Repairs for Parks-Fleet Santa Rosa Auto Parts 33.94 Check Total: 78.65 236733 01/04/2017 General Fund Spec Dept Exp - Streets Sherwin Williams 47.00 Check Total: 47.00 236734 01/04/2017 General Fund Contract Svcs - DS Shums Coda Associates Inc 720.00 Check Total: 720.00 236735 01/04/2017 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 576.48 Check Total: 576.48 236736 01/04/2017 Successor Agency Housing Fur Contract Svcs - Housing United Site Services 397.59 236736 01/04/2017 Successor Agency Housing Fur Contract Svcs - Housing United Site Services 3.69 236736 01/04/2017 General Fund Sales Tax Payable United Site Services -3.69 236736 01/04/2017 Successor Agency Housing Fur Contract Svcs - Housing United Site Services 205.77 236736 01/04/2017 Successor Agency Housing Fur Contract Svcs - Housing United Site Services 1.91 236736 01/04/2017 General Fund Sales Tax Payable United Site Services -1.91 Check Total: 603.36 236737 01/04/2017 General Fund Sales Tax Payable Wheeler Zamaroni -0.44 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 96.43 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 0.44 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 96.43 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 0.44 236737 01/04/2017 General Fund Sales Tax Payable Wheeler Zamaroni -0.44 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 0.44 236737 01/04/2017 General Fund Sales Tax Payable Wheeler Zamaroni -0.44 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 96.43 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 0.44 236737 01/04/2017 General Fund Sales Tax Payable Wheeler Zamaroni -0.44 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 96.43 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 48.21 236737 01/04/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 0.23 236737 01/04/2017 General Fund Sales Tax Payable Wheeler Zamaroni -0.23 Page 10 of 33 Check Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 433.93 236738 01/04/2017 Water Utility Fund Uniforms & Laundry Svcs -Water Work World Inc 54.37 236738 01/04/2017 Sewer Utility Fund Uniforms & Laundry Svcs -Sewer Work World Inc 54.36 Check Total: 108.73 236739 01/04/2017 SECA - State Seized Assets State Seizure Pending -Payable Gilbert St. Louis 72,030.00 0.00 Check Total: 0.00 236740 01/04/2017 Capital Projects Fund University Dist. Specific Plan CSG Consultants Inc 14.825.00 Check Total: 14.825.00 236741 01/04/2017 Capital Projects Fund PR -76a A Park Restroom Digitech 169.95 Check Total: 169.95 236742 01/04/2017 General Fund Gas & Oil - Police Flyers Energy 652.85 236742 01/04/2017 General Fund Unleaded Fuel Inventory Flyers Energy 614.22 Check Total: 1,267.07 236743 01/04/2017 General Fund Repairs & Maint Routine - CH Friedman's Home Improvement -0.02 236743 01/04/2017 General Fund Repairs & Maint Routine - CH Friedman's Home Improvement 0.02 236743 01/04/2017 General Fund Repairs & Maint Routine - CH Friedman's Home Improvement 4.38 Check Total: 4.38 236744 01/04/2017 General Fund Spec Dept Exp - Gold Ridge Grainger, Inc. 67.11 236744 01/04/2017 General Fund Spec Dept Exp - SpC Grainger, Inc. 184.41 236744 01/04/2017 General Fund Spec Dept Exp - B Pool Grainger, Inc. 80.31 236744 01/04/2017 General Fund Spec Dept Exp -BARC Grainger, Inc. 2.54 Check Total: 334.37 236745 01/04/2017 General Fund PG&E - Parks Pacific Gas & Electric 3,980.94 236745 01/04/2017 ISF - Fleet PG&E - Fleet Pacific Gas & Electric 767.68 236745 01/04/2017 General Fund PG&E - CHA Pacific Gas & Electric 945.15 236745 01/04/2017 General Fund PG&E - PW Pacific Gas & Electric 1,330.51 236745 01/04/2017 General Fund PG&E - Gold Ridge Pacific Gas & Electric 925.73 236745 01/04/2017 General Fund PG&E - SrC Pacific Gas & Electric 1,636.27 236745 01/04/2017 General Fund Repairs & Maint Routine -LBRC Pacific Gas & Electric 344.81 236745 01/04/2017 Sewer Utility Fund PG&E - Sewer Pacific Gas & Electric 5,070.79 236745 01/04/2017 General Fund PG&E - B Pool Pacific Gas & Electric 2,145.19 236745 01/04/2017 General Fund PG&E - H Pool Pacific Gas & Electric 3,452.04 236745 01/04/2017 General Fund PG&E - M Pool Pacific Gas & Electric 693.33 236745 01/04/2017 General Fund PG&E - SpC Pacific Gas & Electric 3,420.02 Page 11 of 33 Check Check Date Fund Name Account blame Vendor Name 236745 01/04/2017 General Fund PG&E - RPCC Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - BARC Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - PAC Pacific Gas & Electric 236745 01/04/2017 Water Utility Fund PG&E - Water Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - Streets Pacific Gas & Electric 236745 01/04/2017 General Fund PGE - AS Bldg Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - PS Main Station Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - PS Bldg -North Pacific Gas & Electric 236745 01/04/2017 General Fund PG&E - PS Bldg -South Pacific Gas & Electric Check Total: 236746 01/04/2017 General Fund Repairs & Maint Routine-ASBIdg Platt 236746 01/04/2017 General Fund Spec Dept Exp - Streets Platt 236746 01/04/2017 General Fund Repairs & Maint Routine-ASBIdg Platt Check Total: 236747 01/04/2017 ISF - Fleet Veh Repairs for Police -Fleet Santa Rosa Auto Parts 236747 01/04/2017 ISF - Fleet Spec Dept Exp - Fleet Santa Rosa Auto Parts 236747 01/04/2017 General Fund Spec Dept Exp - Streets Santa Rosa Auto Parts Check Total: 236748 01/05/2017 ISF - Fleet Uniforms & Laundry Svcs -Fleet Aramark 236748 01/05/2017 General Fund Uniforms & Laundry Svcs -PW Aramark 236748 01/05/2017 Water Utility Fund Uniforms & Laundry Svcs -Water Aramark 236748 01/05/2017 Water Utility Fund Uniforms & Laundry Svcs -Water Aramark 236748 01/05/2017 General Fund Uniforms & Laundry Svcs -Street Aramark 236748 01/05/2017 General Fund Contract Svcs - JEPA Mtn Aramark 236748 01/05/2017 General Fund Uniforms & Laundry Svcs -Parks Aramark 236748 01/05/2017 General Fund Repairs & Maint Routine-ASBIdg Aramark Check Total: 236749 01/05/2017 General Fund Spec Dept Exp - RPCC Associated Services Check Total: 236750 01/05/2017 General Fund Contract Svcs - AS Bay Area Sound & Security Inc. Check Total: 236751 01/05/2017 Water Utility Fund Contractual Svs - Water BOLT STAFFING SERVICE, INC. 236751 01/05/2017 Sewer Utility Fund Contractual Svs -Sewer BOLT STAFFING SERVICE, INC. 236751 01/05/2017 General Fund Contract Svcs - FIN BOLT STAFFING SERVICE, INC. Check Total: Page 12 of 33 Void Amount 4,721.73 367.38 3,726.00 12,689.05 26,321.42 1,489.75 7,255.30 1,271.00 161.53 82,715.62 75.08 56.08 38.27 169.43 10.37 29.80 244.27 284.44 27.32 43.16 33.48 37.80 17.29 7.70 51.22 140.08 358.05 26.95 26.95 120.00 120.00 478.24 478.24 1,158.24 2,1 14.72 Check Check Date Fund Name Account Name Vendor Name 236752 01/05/2017 General Fund Spec Dept Exp - PW Buchanan Food Service Check Total: 236753 01/05/2017 General Fund Spec Dept Exp - PW Castino Restaurant Equipment & Supply Inc 236753 01/05/2017 General Fund Spec Dept Exp - PW Castino Restaurant Equipment & Supply Inc Check Total. 236754 01/05/2017 PFFP Fund Dowdell Mitig Monitoring-NonCP Dudek 236754 01/05/2017 Capital Projects Fund Sonoma Mtn Village Project Dudek 236754 01/05/2017 General Fund Developer Refundable Deposits Dudek 236754 01/05/2017 General Fund 2297 Revenue - DS Dudek 236754 01/05/2017 General Fund 2297 Expenses - DS Dudek 236754 01/05/2017 Capital Projects Fund University Dist. Specific Plan Dudek 236754 01/05/2017 Capital Projects Fund University Dist. Specific Plan Dudek 236754 01/05/2017 General Fund Developer Refundable Deposits Dudek 236754 01/05/2017 General Fund 2297 Revenue - DS Dudek 236754 01/05/2017 General Fund 2297 Expenses - DS Dudek Check Total: 236755 01/05/2017 General Fund Janitorial Services - CH Fishman Supply Company Check Total: 236756 01/05/2017 General Fund Unleaded Fuel Inventory Flyers Energy Check Total: 236757 01/05/2017 Water Utility Fund Small Tools - Water Friedman's Home Improvement 236757 01/05/2017 Water Utility Fund Small Tools - Water Friedman's Home Improvement 236757 01/05/2017 General Fund Sales Tax Payable Friedman's Home Improvement 236757 01/05/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 236757 01/05/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 236757 01/05/2017 General Fund Sales Tax Payable Friedman's Home Improvement 236757 01/05/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236757 01/05/2017 General Fund Spec Dept Exp - Streets Friedman's Home Improvement 236757 01/05/2017 General Fund Sales Tax Payable Friedman's Home Improvement Check Total: 236758 01/05/2017 ISF - Fleet Veh Repairs for Water -Fleet GCR Tires & Service 236758 01/05/2017 ISF - Fleet Veh Repairs for Water -Fleet GCR Tires & Service 236758 01/05/2017 General Fund Sales Tax Payable GCR Tires & Service Check Total: 236759 01/05/2017 General Fund Repairs & Maint Routine - PW Grainger, Inc. Page 13 of 33 Void Amount 72.38 72.38 65.20 100.46 165.66 967.66 630.00 14,661.45 14,661.45 14,661.45 1,050.00 1,575.00 1,050.00 -1,050.00 1,050.00 19,934.11 60.90 60.90 748.40 748.40 170.82 0.79 -0.79 8.14 0.04 -0.04 81.56 0.37 -0.37 260.52 2,649.77 0.73 -0.73 2,649.77 61.38 Check Check Date Fund Name Account Name Vendor Name Check Total: 236760 01/05/2017 ISF - Fleet Veh Repairs for Police -Fleet Hansel Ford Check Total: 236761 01/05/2017 General Fund Medications - AS Henry Schein Animal Health Check Total: 236762 01/05/2017 Sewer Utility Fund Equipment Renatl - Sewer HERC Rentals Inc. 236762 01/05/2017 General Fund Equipment Rental - Streets HERC Rentals Inc. Check Total: 236763 01/05/2017 General Fund Contract Svcs - CH The Hitmen Termite & Pest Control Check Total: 236764 01/05/2017 General Fund Spec Dept Exp - Parks Horizon 236764 01/05/2017 General Fund Spec Dept Exp - Parks Horizon 236764 01/05/2017 General Fund Sales Tax Payable Horizon Check Total: 236765 01/05/2017 ISF - Fleet Uniforms & Laundry Svcs -Fleet Innovative Screen Printing Check Total: 236766 01/05/2017 General Fund Spec Dept Exp - Streets Martin Ranch Supply Check Total: 236767 01/05/2017 General Fund Recruitment - Police Occupational Health Centers of California Check Total: 236768 01/05/2017 ISF - Fleet Veh Repairs for Fire -Fleet Opperman & Son, Inc. 236768 01/05/2017 ISF - Fleet Veh Repairs for Fire -Fleet Opperman & Son, Inc. Check Total: 236769 01/05/2017 General Fund Equipment < $5K - AS Redwood Dental Supply Check Total: 236770 01/05/2017 General Fund Spec Dept Exp - Streets Reliable Hardware & Steel Co. Check Total: 236771 01/05/2017 General Fund Repairs & Maint Routine - PW Roto -Rooter Plumbers Page 14 of 33 Void Amount 61.38 231.86 231.86 367.73 367.73 349.09 294.71 643.80 60.00 60.00 242.43 13.81 -13.81 242.43 228.38 228.38 277.30 277.30 52.00 52.00 -1,403.47 2,631.92 1,228.45 373.81 373.81 61.59 61.59 334.75 Check Check Date Fund Name Account Name 236772 01/05/2017 ISF - Fleet Veh Repairs for Parks -Fleet 236772 01/05/2017 ISF - Fleet Veh Repairs for Police -Fleet 236772 01/05/2017 ISF - Fleet Veh Repairs for Fire -Fleet 236772 01/05/2017 ISF - Fleet Spec Dept Exp - Fleet 236772 01/05/2017 ISF - Fleet Spec Dept Exp - Fleet 236772 01/05/2017 ISF - Fleet Veh Repairs for Water -Fleet 236772 01/05/2017 ISF - Fleet Spec Dept Exp - Fleet 236772 01/05/2017 ISF - Fleet Spec Dept Exp - Fleet 236772 01/05/2017 ISF - Fleet Veh Repairs for Water -Fleet 236773 01/05/2017 Water Utility Fund SystemRepair - Water 236773 01/05/2017 Water Utility Fund SystemRepair - Water 236773 01/05/2017 General Fund Sales Tax Payable 236774 01/05/2017 General Fund Spec Dept Exp - Streets 236775 01/05/2017 Gas Tax Fund(2105, 2106, 210 Contract Svcs - Gas Tax 236776 01/05/2017 General Fund Medications - AS Vendor Name Check Total: Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Check Total: Shamrock Materials Shamrock Materials Shamrock Materials Check Total: Six Robblees' Inc. Check Total: So Co Transportation Authority Check Total: Stafford Medical Page 15 of 33 Void Amount 334.75 -195.75 -105.18 58.58 179.22 60.81 23.34 72.97 43.83 7.93 145.75 827.17 3.82 -3.82 827.17 7.59 7.59 21,926.00 21.926.00 300.00 300.00 304.09 1.40 -1.40 209.00 0.96 -0.96 513.09 503.35 -1.76 1.76 503.35 386.00 Check Total. 236777 01/05/2017 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 236777 01/05/2017 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 236777 01/05/2017 General Fund Sales Tax Payable Syar Industries, Inc. 236777 01/05/2017 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 236777 01/05/2017 Water Utility Fund SystemRepair - Water Syar Industries, Inc. 236777 01/05/2017 General Fund Sales Tax Payable Syar Industries, Inc. Check Total: 236778 01/05/2017 General Fund Equipment Rental - Streets United Rentals Northwest, Inc. 236778 01/05/2017 General Fund Equipment Rental - Streets United Rentals Northwest, Inc. 236778 01/05/2017 General Fund Sales Tax Payable United Rentals Northwest, Inc. Check Total: 236779 01/05/2017 General Fund Janitorial Svcs - SrC Universal Building Services Page 15 of 33 Void Amount 334.75 -195.75 -105.18 58.58 179.22 60.81 23.34 72.97 43.83 7.93 145.75 827.17 3.82 -3.82 827.17 7.59 7.59 21,926.00 21.926.00 300.00 300.00 304.09 1.40 -1.40 209.00 0.96 -0.96 513.09 503.35 -1.76 1.76 503.35 386.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236780 01/05/2017 General Fund Spec Dept Exp - Parks Wheeler Zamaroni 236780 01/05/2017 General Fund Spec Dept Exp - Parks Wheeler Zamaroni 236780 01/05/2017 General Fund Sales Tax Payable Wheeler Zamaroni Check Total: 236781 01/05/2017 General Fund License, Permits & Fees - AS Richard Alexander Check Total: 236782 01/05/2017 General Fund License, Permits & Fees - AS Carmen Ambriz Check Total: 236783 01/05/2017 General Fund License, Permits & Fees - AS Nancy Atwell Check Total: 236784 01/05/2017 General Fund License, Permits & Fees - AS Bettie Jo Baker -Behrens Check Total: 236785 01/05/2017 General Fund License, Permits & Fees - AS Debra Barrett Check Total: 236786 01/05/2017 General Fund License, Permits & Fees - AS Kathleen Bartow Check Total: 236787 01/05/2017 General Fund License, Permits & Fees - AS Lori Bedoya Check Total: 236788 01/05/2017 General Fund License, Permits & Fees - AS Brad Bennett Check Total: 236789 01/05/2017 General Fund License, Permits & Fees - AS Dennis Bolen Check Total: 236790 01/05/2017 General Fund License, Permits & Fees - AS Sandie Brown Check Total: 236791 01/05/2017 General Fund License, Permits & Fees - AS Valerie Bryce Check Total: Page 16 of 33 Void Amount 386.00 72.32 0.34 -0.34 72.32 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name 236792 01/05/2017 General Fund License, Permits & Fees - AS David Burton Check Total: 236793 01/05/2017 General Fund License, Permits & Fees - AS Kimberly Caldwell Check Total: 236794 01/05/2017 General Fund License, Permits & Fees - AS Chris Chapman Check Total: 236795 01/05/2017 General Fund License, Permits & Fees - AS Gerardo Chavez Check Total: 236796 01/05/2017 General Fund License, Permits & Fees - AS Chris Check Check Total: 236797 01/05/2017 General Fund License, Permits & Fees - AS Abby Clark Check Total_ 236798 01/05/2017 General Fund License, Permits & Fees - AS Donald Clark Check Total! 236799 01/05/2017 General Fund License, Permits & Fees - AS Rick&Michelle Coffman Check Total: 236800 01/05/2017 General Fund License, Permits & Fees - AS Christine Connely Check Total: 236801 01/05/2017 General Fund License, Permits & Fees - AS Karen Corwin Check Total: 236802 01/05/2017 General Fund License, Permits & Fees - AS Rhonda Cossey Check Total: 236803 01/05/2017 General Fund License, Permits & Fees - AS John Cox Check Total: 236804 01/05/2017 General Fund License, Permits & Fees - AS Christina Cudia Check Total: 236805 01/05/2017 General Fund License, Permits & Fees - AS Jerred D'Amico Page 17 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236806 01/05/2017 General Fund License, Permits & Fees - AS Andrea Davis Check Total: 236807 01/05/2017 General Fund License, Permits & Fees - AS Lisa Debrunner Check Total: 236808 01/05/2017 General Fund License, Permits & Fees - AS Toni Dettling Check Total: 236809 01/05/2017 General Fund License, Permits & Fees - AS Martine DeVore Check Total: 236810 01/05/2017 General Fund License, Permits & Fees - AS Mariana Dias Check Total: 236811 01/05/2017 General Fund License, Permits & Fees - AS Melissa Dusek Check Total: 236812 '01/05/2017 General Fund License, Permits & Fees - AS Shannon Edwards Check Total: 236813 01/05/2017 General Fund License, Permits & Fees - AS Robert Eways Check Total: 236814 01/05/2017 General Fund License, Permits & Fees - AS Anne Fischer -Silva Check Total: 236815 01/05/2017 General Fund License, Permits & Fees - AS Jessica Flinders Check Total: 236816 01/05/2017 General Fund License, Permits & Fees - AS Catherine Fox Check Total: 236817 01/05/2017 General Fund License, Permits & Fees - AS Cherie Frye Check Total: 236818 01/05/2017 General Fund License, Permits & Fees - AS Luisa Furtado Page 18 of 33 Void Amount 30.00 15.00 15.00 15.00 15.00 30.00 30.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236819 01/05/2017 General Fund License, Permits & Fees - AS Jake Gergel Check Total: 236820 01/05/2017 General Fund License, Permits & Fees - AS Darice Giordanella Check Total: 236821 01/05/2017 General Fund License, Permits & Fees - AS Erin Goldsbrough Check Total: 236822 01/05/2017 General Fund License, Permits & Fees - AS Gerald Goldshine Check Total: 236823 01/05/2017 General Fund License, Permits & Fees - AS Adam Gonzalez Check Total: 236824 01/05/2017 General Fund License, Permits & Fees - AS Clare Gregory Check Total: 236825 01/05/2017 General Fund License, Permits & Fees - AS Nancy Griffith Check Total: 236826 01/05/2017 General Fund License, Permits & Fees - AS Susan Gutierrez Check Total: 236827 01/05/2017 General Fund License, Permits & Fees - AS Bob Hammerli Check Total: 236828 01/05/2017 General Fund License, Permits & Fees - AS Kevin Harrison Check Total: 236829 01/05/2017 General Fund License, Permits & Fees - AS Jamie Hawley Check Total: 236830 01/05/2017 General Fund License, Permits & Fees - AS Kathy Hellfeier Check Total: 236831 01/05/2017 General Fund License, Permits & Fees - AS Barb Herrera Page 19 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 30.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236832 01/05/2017 General Fund License, Permits & Fees - AS Ron Holt Check Total: 236833 01/05/2017 General Fund License, Permits & Fees - AS James Honeycutt Check Total: 236834 01/05/2017 General Fund License, Permits & Fees - AS Karolyn Houston Check Total: 236835 01/05/2017 General Fund License, Permits & Fees - AS Joe Huffaker Check Total: 236836 01/05/2017 General Fund License, Permits & Fees - AS Kevin Hunter Check Total: 236837 01/05/2017 General Fund License, Permits & Fees - AS Mark Jewel Check Total: 236838 01/05/2017 General Fund License, Permits & Fees - AS Jeanne Johnson Check Total: 236839 01/05/2017 General Fund License, Permits & Fees - AS Gina Joske Check Total: 236840 01/05/2017 General Fund License, Permits & Fees - AS Austin Kaiser Check Total: 236841 01/05/2017 General Fund License, Permits & Fees - AS Stanley Keena Check Total: 236842 01/05/2017 General Fund License, Permits & Fees - AS Mark & Lynn Kellogg Check Total: 236843 01/05/2017 General Fund License, Permits & Fees - AS Carol Kelly Check Total: 236844 01/05/2017 General Fund License, Permits & Fees - AS Henry Khalil Page 20 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236845 01/05/2017 General Fund License, Permits & Fees - AS Dave & Helen Kirtley Check Total: 236846 01/05/2017 General Fund License, Permits & Fees - AS Richard Levacque Check Total: 236847 01/05/2017 General Fund License, Permits & Fees - AS Laurie Levy Check Total: 236848 01/05/2017 General Fund License, Permits & Fees - AS BRYAN LEWIS Check Total: 236849 01/05/2017 General Fund License, Permits & Fees - AS Joyce Libeu Check Total: 236850 01/05/2017 General Fund License, Permits & Fees - AS Roberta Lister Check Total: 236851 01/05/2017 General Fund License, Permits & Fees - AS Irma Lowenthal Check Total: 236852 01/05/2017 General Fund License, Permits & Fees - AS Justin Lowery Check Total: 236853 01/05/2017 General Fund License, Permits & Fees - AS Debbie Lucchesi Check Total: 236854 01/05/2017 General Fund License, Permits & Fees - AS Georgia Lujan Check Total: 236855 01/05/2017 General Fund License, Permits & Fees - AS Leisa Martinez Check Total: 236856 01/05/2017 General Fund License, Permits & Fees - AS Melodie Mayo Check Total: 236857 01/05/2017 General Fund License, Permits & Fees - AS Kelly McClain Page 21 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236858 01/05/2017 General Fund License, Permits & Fees - AS Beverly McComas Check Total: 236859 01/05/2017 General Fund License, Permits & Fees - AS Kevin Mendez Check Total: 236860 01/05/2017 General Fund License, Permits & Fees - AS Timothy Miller Check Total: 236861 01/05/2017 General Fund License, Permits & Fees - AS Steve Minson Check Total: 236862 01/05/2017 General Fund License, Permits & Fees - AS Jan Moore Check Total: 236863 01/05/2017 General Fund License, Permits & Fees - AS Jeff Moore Check Total: 236864 01/05/2017 General Fund License, Permits & Fees - AS John & Sharon Morrow Check Total: 236865 01/05/2017 General Fund License, Permits & Fees - AS Delores Nakatani Check Total: 236866 01/05/2017 General Fund License, Permits & Fees - AS Katy Nickle Check Total: 236867 01/05/2017 General Fund License, Permits & Fees - AS Alisa Norstrom Check Total: 236868 01/05/2017 General Fund License, Permits & Fees - AS Kacee O'Daniel Check Total: 236869 01/05/2017 General Fund License, Permits & Fees - AS Lisa Orloff Check Total: 236870 01/05/2017 General Fund License, Permits & Fees - AS Audrey Palladino Page 22 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 30.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 30.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236871 01/05/2017 General Fund License, Permits & Fees - AS Allison Palmer Check Total: 236872 01/05/2017 General Fund License, Permits & Fees - AS Cynthia Paniagua Check Total: 236873 01/05/2017 General Fund License, Permits & Fees - AS Gaile Pare Check Total: 236874 01/05/2017 General Fund License, Permits & Fees - AS Flavius Payne Check Total: 236875 01/05/2017 General Fund License, Permits & Fees - AS Jessie Penaloza Check Total: 236876 01/05/2017 General Fund License, Permits & Fees - AS Bruce Neil Peterson Check Total: 236877 01/05/2017 General Fund License, Permits & Fees - AS John Pritchard Check Total: 236878 01/05/2017 General Fund License, Permits & Fees - AS Robert Reid Check Total: 236879 01/05/2017 General Fund License, Permits & Fees - AS William Reymond Check Total: 236880 01/05/2017 General Fund License, Permits & Fees - AS Gabriel Rivera Check Total: 236881 01/05/2017 General Fund License, Permits & Fees - AS Carol Robinson Check Total: 236882 01/05/2017 General Fund License, Permits & Fees - AS Marti Rodhain Check Total: 236883 01/05/2017 General Fund License, Permits & Fees - AS Christopher Romo Page 23 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 30.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236884 01/05/2017 General Fund License, Permits & Fees - AS Richard Safreno Check Total: 236885 01/05/2017 General Fund License, Permits & Fees - AS Angela Scagliola Check Total: 236886 01/05/2017 General Fund License, Permits & Fees - AS Teri Schouten Check Total: 236887 01/05/2017 General Fund License, Permits & Fees - AS Ken Schrier Check Total: 236888 01/05/2017 General Fund License, Permits & Fees - AS Mary Grace Semisch Check Total: 236889 01/05/2017 General Fund License, Permits & Fees - AS Brad Shattuck Check Total: 236890 01/05/2017 General Fund License, Permits & Fees - AS Terri Silveira Check Total: 236891 01/05/2017 General Fund License, Permits & Fees - AS Mallary Skidmore Check Total: 236892 01/05/2017 General Fund License, Permits & Fees - AS Ryan Sola Check Total: 236893 01/05/2017 General Fund License, Permits & Fees - AS Kim Soldavini Check Total: 236894 01/05/2017 General Fund License, Permits & Fees - AS Robin Sproul Check Total: 236895 01/05/2017 General Fund License, Permits & Fees - AS Mario & Carrie Stagnoli Check Total: 236896 01/05/2017 General Fund License, Permits & Fees - AS Theodora Stone Page 24 of 33 Void Amount 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 236897 01/05/2017 General Fund License, Permits & Fees - AS Andy Taylor Check Total: 236898 01/05/2017 General Fund License, Permits & Fees - AS Stephen & Vanessa Thomas Check Total: 236899 01/05/2017 General Fund License, Permits & Fees - AS Jeff Thompson Check Total: 236900 01/05/2017 General Fund License, Permits & Fees - AS Larry Tomasek Check Total: 236901 01/05/2017 General Fund License, Permits & Fees - AS Elizabeth Valverde Check Total: 236902 01/05/2017 General Fund License, Permits & Fees - AS Irene Vanderhorst Check Total: 236903 01/05/2017 General Fund License, Permits & Fees - AS David & Leah Volk Check Total: 236904 01/05/2017 General Fund License, Permits & Fees - AS Bonnie Wash Check Total: 236905 01/05/2017 General Fund License, Permits & Fees - AS Rochelle Weaver Check Total: 236906 01/05/2017 General Fund License, Permits & Fees - AS Lynn Williamsen Check Total: 236907 01/05/2017 General Fund License, Permits & Fees - AS Debra Wilson-Bealer Check Total: 236908 01/05/2017 General Fund License, Permits & Fees - AS Kelly Wurche Check Total: 236909 01/05/2017 General Fund License, Permits & Fees - AS Kennety & Marie Zane Page 25 of 33 Void Amount 15.00 15.00 15.00 30.00 30.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Check Check Date Fund Name Account Name Vendor Name 236912 01/11/2017 General Fund Uniforms - Fire Check Total: 236910 01/09/2017 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 236910 01/09/2017 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions Check Total: 236911 01/11/2017 SECA - State Seized Assets State Seizure Pending -Payable Gilbert St. Louis Check Total 236912 01/11/2017 General Fund Equipment < $5K - Fire All Star Fire Equipment, Inc. 236912 01/11/2017 General Fund Uniforms - Fire All Star Fire Equipment, Inc. Check Total: 236913 01/11/2017 General Fund Spec Dept Exp - RPCC Aramark Check Total: 236914 01/11/2017 General Fund JEPA Mtn/ Cell Phone AT&T MOBILITY 236914 01/11/2017 ISF - Information Technology Cell Phone - IT AT&T MOBILITY 236914 01/11/2017 Sewer Utility Fund Cell Phone - Sewer AT&T MOBILITY 236914 01/11/2017 Water Utility Fund Cell Phone - Water AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - PW AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - AS AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - Fire AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - Police AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - HR AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - CM AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - DS AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - SrC AT&T MOBILITY 236914 01/11/2017 ISF - Fleet Cell Phone - Fleet AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - Streets AT&T MOBILITY 236914 01/11/2017 General Fund Cell Phone - Parks AT&T MOBILITY Check Total: 236915 01/11/2017 Water Utility Fund Spec Dept Exp - Water The Barricade Company 236915 01/11/2017 Water Utility Fund Spec Dept Exp - Water The Barricade Company 236915 01/11/2017 General Fund Sales Tax Payable The Barricade Company Check Total: 236916 01/11/2017 General Fund Developer Refundable Deposits BRELJE & RACE CONSULTING 236916 01/11/2017 General Fund 2297 Revenue - DS BRELJE & RACE CONSULTING 236916 01/11/2017 General Fund 2297 Expenses - DS BRELJE & RACE CONSULTING 236916 01/11/2017 Capital Projects Fund University Dist. Specific Plan BRELJE & RACE CONSULTING Page 26 of 33 Void Amount 15.00 400.00 200.00 600.00 72,030.00 72.030.00 523.19 265.74 788.93 101.39 101.39 24.54 130.54 252.05 292.91 102.08 39.54 306.65 1.046.18 77.54 54.06 183.54 26.54 53.00 151.16 177.70 2,918.03 129.58 0.59 -0.59 129.58 2.040.00 -2.040.00 2,040.00 5,363.75 Check Check Date Fund Name Account Name Vendor Name Check Total: 236917 01/11/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 236917 01/11/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 236917 01/11/2017 General Fund Sales Tax Payable Buckles -Smith Electric Co. 236917 01/11/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 236917 01/11/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 236917 01/11/2017 General Fund Sales Tax Payable Buckles -Smith Electric Co. Check Total: 236918 01/11/2017 General Fund Telephone - PS Main Station Comcast 236918 01/11/2017 General Fund Telephone - SpC Comcast 236918 01/11/2017 General Fund Telephone - PS Bldg -South Comcast 236918 01/11/2017 General Fund Telephone - PS Bldg -North Comcast 236918 01/11/2017 General Fund Telephone - CH Comcast 236918 01/11/2017 General Fund Telephone - CH Comcast Check Total: 236919 01/11/2017 General Fund Spec Dept Exp -Police ENTENMANN-ROVIN COMPANY Check Total: 236920 01/11/2017 General Fund Postage & Shipping - Police FedEx 236920 01/11/2017 Capital Projects Fund Southeast Dist. Specific Plan FedEx 236920 01/11/2017 Capital Projects Fund University Dist. Specific Plan FedEx Check Total: 236921 01/11/2017 Capital Projects Fund TR -109 N Snyder Rehab Firma Design Group Check Total: 236922 01/11/2017 General Fund Spec Dept Exp - SpC Fishman Supply Company Check Total: 236923 01/11/2017 General Fund Unleaded Fuel Inventory Flyers Energy 236923 01/11/2017 General Fund Unleaded Fuel Inventory Flyers Energy Check Total: 236924 01/11/2017 General Fund Recruitment - Police Michael T. Hardin Investigations Check Total: 236925 01/11/2017 General Fund Spec Dept Exp - Streets HDS WHITE CAP CONST SUPPL 236925 01/11/2017 General Fund Spec Dept Exp - Streets HDS WHITE CAP CONST SUPPL Page 27 of 33 Void Amount 7,403.75 483.88 2.23 -2.23 90.61 0.41 -0.41 574.49 17.67 19.54 6.12 8.66 47.72 47.72 147.43 737.84 737.84 46.29 11.89 9.33 67.51 12,193.35 12,193.35 83.86 83.86 314.62 458.82 773.44 900.00 900.00 168.11 0.77 Check Check Date Fund Name 236925 01/11/2017 General Fund 236926 01/11/2017 General Fund 236926 01/11/2017 General Fund 236926 01/11/2017 General Fund 236926 01/11/2017 General Fund 236927 01/11/2017 General Fund Account Name Sales Tax Payable Books/Pamphlets - ABSO Uniforms - Police Uniforms - Police Sales Tax Payable Spec Dept Exp - Parks 236928 01/11/2017 Water Capital Project Fund WA -28 Water Meter Installtin 236928 01/11/2017 Water Capital Project Fund WA -28 Water Meter Installtin 236928 01/11/2017 General Fund Sales Tax Payable 236929 01/11/2017 General Fund Uniforms - Police 236930 01/11/2017 General Fund Repairs & Maint Routine -H Pool 236930 01/11/2017 General Fund Spec Dept Exp - Streets 236930 01/11/2017 General Fund Spec Dept Exp - Streets 236930 01/11/2017 General Fund Spec Dept Exp - Streets 236930 01/11/2017 General Fund Spec Dept Exp - Streets 236930 01/11/2017 General Fund Spec Dept Exp - Streets 236931 01/11/2017 General Fund Contract Svcs - Fire 236932 01/11/2017 General Fund Medications - AS 236932 01/11/2017 General Fund Medications - AS 236933 01/11/2017 General Fund Self Insured Losses -Streets 236934 01/11/2017 General Fund POST Training & Travel -Police Vendor Name HDS WHITE CAP CONST SUPPL Check Total: National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC National Document Solutions, LLC Check Total: Platt Check Total: R&B Company R&B Company R&B Company Check Total: Red Wing Shoes Check Total: Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Reliable Hardware & Steel Co. Check Total: RELIANCE TOWING, INC Check Total: ROADRUNNER PHARMACY, INC ROADRUNNER PHARMACY, INC Check Total: Rohnert Park Disposal Check Total: Santa Rosa Junior College Check Total: Page 28 of 33 Void Amount -0.77 168.11 924.38 179.45 -0.01 0.01 1,103.83 321.60 321.60 112.55 0.52 -0.52 112.55 241.40 241.40 55.28 26.17 130.50 80.51 92.87 61.59 446.92 450.00 450.00 48.49 48.49 96.98 2,591.11 2,591.11 102.00 102.00 Check Check Date Fund Name Account Name Vendor Name Void Amount 236935 01/11/2017 General Fund Contract Svcs - AS Sarah Schroer, DVM 360.00 Check Total: 360.00 236936 01/11/2017 General Fund Spec Dept Exp - Parks Sweet Lane Wholesale Nursery 45.00 236936 01/11/2017 General Fund Spec Dept Exp - Parks Sweet Lane Wholesale Nursery 3.94 236936 01/11/2017 General Fund Sales Tax Payable Sweet Lane Wholesale Nursery -3.94 Check Total: 45.00 236937 01/11/2017 Water Utility Fund Uniforms & Laundry Svcs -Water Work World Inc 108.73 Check Total: 108.73 236938 01/11/2017 General Fund Contract Svcs - RPCC Sherry Blanchard 8.45 Check Total: 8.45 236939 01/11/2017 General Fund Concession Purchases - PAC CAPITAL ONE COMMERCIAL 26.86 236939 01/11/2017 General Fund Concession Purchases - PAC CAPITAL ONE COMMERCIAL 128.70 236939 01/11/2017 General Fund Concession Purchases - PAC CAPITAL ONE COMMERCIAL 110.67 236939 01/11/2017 General Fund Concession Purchases - PAC CAPITAL ONE COMMERCIAL 224.91 236939 01/11/2017 General Fund Concession Purchases - PAC CAPITAL ONE COMMERCIAL 194.62 Check Total: 685.76 236940 01/11/2017 General Fund Meetings & Travel - Fire Catherine Colburn 4.58 236940 01/11/2017 General Fund Meetings & Travel - Fire Catherine Colburn 16.83 236940 01/11/2017 General Fund Training & Travel - Police Catherine Colburn 10.00 236940 01/11/2017 General Fund Community Promo - Police Catherine Colbum 2.18 236940 01/11/2017 General Fund Community Promo - Fire Catherine Colburn 10.88 236940 01/11/2017 General Fund Office Supplies - Police Catherine Colburn 48.12 236940 01/11/2017 General Fund Gas & Oil - Police Catherine Colburn 20.50 236940 01/11/2017 General Fund Meetings & Travel - Police Catherine Colburn 8.32 236940 01/11/2017 General Fund Community Promo - Police Catherine Colbum 3.36 236940 01/11/2017 General Fund Meetings & Travel - Police Catherine Colburn 5.00 236940 01/11/2017 General Fund Training & Travel - Police Catherine Colburn 20.00 236940 01/11/2017 General Fund Repairs & Maint Routine - PS -S Catherine Colburn 0.52 236940 01/11/2017 General Fund Community Promo - Police Catherine Colbum 49.98 236940 01/11/2017 General Fund Training & Travel - Police Catherine Colburn 11.09 Check Total: 211.36 236941 01/11/2017 General Fund Equip Lease - Police KBA Docusys Inc 2.590.53 236941 01/11/2017 General Fund Equip Lease - SpC KBA Docusys Inc 315.37 236941 01/11/2017 General Fund Equip Lease - AS KBA Docusys Inc 304.50 236941 01/11/2017 General Fund Equip Lease - PW KBA Docusys Inc 41 1.1 1 236941 01/11/2017 General Fund Equip Lease - CH KBA Docusys Inc 2,860.03 Page 29 of 33 Check Check Date Fund Name Account Name Vendor Name 236941 01/11/2017 General Fund Equip Lease - RPCC KBA Docusys Inc 236941 01/11/2017 General Fund Equip Lease - SrC KBA Docusys Inc 236941 01/11/2017 General Fund Equip Lease - PAC KBA Docusys Inc Check Total: 236942 01/11/2017 General Fund Advertising - Productions North Bay Bohemian Check Total: 236943 01/11/2017 General Fund Advertising - Productions Kim Taylor Check Total: 236944 01/11/2017 General Fund POST Training & Travel -Police Amanda Ahart Check Total: 236945 01/11/2017 General Fund Rec Ref Clearing Arriaga Check Total: 236946 01/11/2017 General Fund Telephone - SpC AT&T 236946 01/11/2017 General Fund Telephone - PS Main Station AT&T Check Total: 236947 01/11/2017 General Fund Telephone - B Pool AT&T 236947 01/11/2017 General Fund Telephone - RPCC AT&T 236947 01/11/2017 General Fund Telephone - PAC AT&T 236947 01/11/2017 General Fund Telephone - PW AT&T 236947 01/11/2017 General Fund Telephone - RPCC AT&T 236947 01/11/2017 General Fund Telephone - PW AT&T 236947 01/11/2017 Sewer Utility Fund Telephone - Sewer AT&T 236947 01/11/2017 General Fund Telephone - PW AT&T 236947 01/11/2017 ISF - Fleet Telephone - Fleet AT&T 236947 01/11/2017 Sewer Utility Fund Telephone - Sewer AT&T 236947 01/11/2017 General Fund Telephone - PS Main Station AT&T 236947 01/11/2017 General Fund Telephone - CH AT&T 236947 01/11/2017 General Fund Telephone - PS Main Station AT&T 236947 01/11/2017 General Fund Telephone - PS Main Station AT&T 236947 01/11/2017 General Fund Telephone - AS Bldg AT&T 236947 01/11/2017 ISF - Information Technology Telephone - IT AT&T 236947 01/11/2017 General Fund Telephone - PW AT&T 236947 01/11/2017 General Fund Telephone - PS Main Station AT&T 236947 01/11/2017 General Fund Telephone - RPCC AT&T 236947 01/11/2017 General Fund Telephone - CH AT&T 236947 01/11/2017 General Fund Telephone - PW AT&T Page 30 of 33 Void Amount 682.51 411.11 402.37 7,977.53 278.00 278.00 800.00 800.00 18.00 18.00 375.00 375.00 35.32 111.37 146.69 37.50 37.60 174.78 35.70 57.11 17.85 36.33 19.70 37.50 19.70 98.48 1,615.74 279.51 33.09 37.50 55.31 37.51 382.34 37.50 73.14 73.14 Check Check Date Fund Name 236947 01/11/2017 General Fund 236947 01/11/2017 General Fund 236947 01/11/2017 General Fund 236947 01/11/2017 General Fund 236947 01/11/2017 General Fund 236948 01/11/2017 General Fund 236949 01/11/2017 General Fund Account Name Telephone - PW Telephone - CH Telephone - CH Telephone - CH Telephone - PS Bldg -North Rec Ref Clearing Uniforms - Fire 236950 01/11/2017 ISF - Information Technology Telephone - IT 236951 01/11/2017 General Fund Equipment < $5K - FIN 236951 01/11/2017 Water Utility Fund Equipment < $5K - Water 236951 01/11/2017 Sewer Utility Fund Equipment < $5K - Sewer 236951 01/11/2017 General Fund Equip < $5K - PS Bldg -North 236951 01/11/2017 ISF - Information Technology Spec Dept Exp - IT 236952 01/11/2017 ISF - Information Technology Equip Lease - IT 236953 01/11/2017 Traffic Safety Fund Vehicles - Traffic Safety Fd 236954 01/11/2017 General Fund 236955 01/11/2017 General Fund 236956 01/11/2017 General Fund 236957 01/11/2017 General Fund Contract Svcs - BARC POST Training & Travel -Police Vendor Name AT&T AT&T AT&T AT&T AT&T Check Total: Connie Bartlett Check Total: Nicholis Brys Check Total: CA Department of Technology Check Total: CDW Government CDW Government CDW Government CDW Government CDW Government Check Total: Dell Financial Services Check Total: Hansel Ford Check Total: The Hitmen Termite & Pest Control Check Total: IXII Group Check Total: Contract Svcs - SpC Julie McIntyre Check Total: POST Training & Travel -Police Emily Mugurussa Check Total: Page 31 of 33 Void Amount 75.74 73.14 108.75 184.69 37.50 3,676.85 400.00 400.00 138.11 138.11 1,679.00 1,679.00 69.63 69.63 69.62 299.15 60.53 568.56 165.09 165.09 27,246.68 27,246.68 60.00 60.00 198.00 198.00 292.50 292.50 18.00 18.00 Check Check Date Fund Name Account Name Vendor Name 236958 01/11/2017 General Fund PG&E - Streets Pacific Gas & Electric 236958 01/11/2017 General Fund PG&E - Streets Pacific Gas & Electric 236958 01/11/2017 General Fund PG&E - Streets Pacific Gas & Electric 236958 01/11/2017 Water Utility Fund PG&E - Water Pacific Gas & Electric 236963 01/11/2017 General Fund Cell Phone - Police Check Total: 236959 01/11/2017 Capital Projects Fund PR -78 PAC Roof Replacement RGA Environmental, Inc. 236959 01/11/2017 2007R /PFF Loan Repaymts OF -59 AS Exterior Siding RGA Environmental, Inc. 236959 01/11/2017 Capital Projects Fund Sr Center Roof Replacement RGA Environmental, Inc. 236959 01/11/2017 Capital Projects Fund OF -57 Animal Shelter Roof RGA Environmental, Inc. 236959 01/11/2017 2007R /PFF Loan Repaymts PR -87 SpC Exterior RGA Environmental, Inc. 236959 01/11/2017 Capital Projects Fund PR -70 Comm Ctr Roof Replacment RGA Environmental, Inc. Check Total: 236960 01/11/2017 General Fund Contract Svcs - Gold Ridge Lajwan Renee Robinson 236960 01/11/2017 General Fund Contract Svcs - Gold Ridge Lajwan Renee Robinson Check Total: 236961 01/11/2017 General Fund Contract Svcs - RPCC Randy Snyder Check Total: 236962 01/11/2017 General Fund Janitorial Servcies - B Pool Universal Building Services 236962 01/11/2017 General Fund Repairs & Maint Routine -PAC Universal Building Services Check Total: 236963 01/11/2017 General Fund Office Equip - DS Verizon Wireless 236963 01/11/2017 General Fund Cell Phone - CH Verizon Wireless 236963 01/11/2017 General Fund Cell Phone - PW Verizon Wireless 236963 01/11/2017 General Fund Office Equip - DS Verizon Wireless 236963 01/11/2017 General Fund Cell Phone - DS Verizon Wireless 236963 01/11/2017 General Fund Cell Phone - Police Verizon Wireless 236963 01/11/2017 Sewer Utility Fund Cell Phone - Sewer Verizon Wireless 236963 01/11/2017 Water Utility Fund Cell Phone - Water Verizon Wireless 236963 01/11/2017 ISF - Information Technology Cell Phone - IT Verizon Wireless 236963 01/11/2017 ISF - Information Technology Telephone - IT Verizon Wireless Check Total: 236964 01/11/2017 Sewer Utility Fund Contractual Svs -Sewer Wilfried Horn & Son Painting Check Total: 236965 01/11/2017 General Fund Contract Svcs - SpC Fatima Worden Page 32 of 33 Void Amount 9.53 483.33 138.50 235.65 867.01 899.00 899.00 899.00 899.00 899.00 899.00 5.394.00 585.00 7200. 657.00 761.00 761.00 880.00 1,530.00 2,410.00 -250.00 38.01 10.02 38.01 68.07 20.04 20.02 40.04 76.02 144.30 204.53 2,850.00 2,850.00 200.00 Check Check Date Fund Name 236967 01/13/2017 General Fund 236968 01/13/2017 General Fund Account Name Empl Computer Purchase Prog Contract Svcs - RPCC 236969 01/13/2017 General Fund Developer Refundable Deposits 236970 01/13/2017 General Fund POST Training & Travel -Police 236971 01/13/2017 SECA - State Seized Assets State Seizure Pending -Payable 236971 01/13/2017 SECA - State Seized Assets Interest Inc State Seized Asse Vendor Name Void Amount Check Total: 200.00 Roy Garcia 2,175.99 Check Total: 2,175.99 Play -Well TEKnologies 986.05 Check Total: 986.05 Sonoma County Clerk 2,266.25 Check Total: 2,266.25 DAVID ROWLEY 2,245.41 Check Total: 2,245.41 Everard Thomson 40,004.00 Everard Thomson 168.33 Check Total: 40,172.33 Report Total: 483,744.55 Page 33 of 33 SUCCESSOR AGENCY OF THE CITY OF ROHN ERT PARK` BILLS FOR ACCEPTANCE January 24,2017 Check Numbers: 236972 $509,752.71 Dated: January 3, 2017 - January 17,2017 Total $ 509,752,71 Accounts Payable Transactions by Account User: mpadilla Printed: 01/17/2017 - 8:29AM Batch: 00000.00.0000 Account Number Vendor Description GL Date Check No 912-0000-203-2030 So Co Auditor Controller Treasurer 7 Revenue Sharing Agreement Reso #20 01/13/2017 Vendor Subtotal for Dept:0000 Subtotal for Fund: 912 Report Total: 236972 Amount PO No 50q.752,71 509,732.71 AP -Transactions by Account (01/17/2017 - 8:29 AM) Page I ROHNERT PARK FINANCING AUTHORITY CASH REPORT TO: The Chairman and Board Members of the Rohnert Park Financing Authority Darrin Jenkins, Executive Director FROM: Betsy Howze, Finance Director Prepared By: Gina Burke DATE: January 17, 2017 CASH BALANCES AS OF December 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 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $ 83,400.00 0.16 20.99 $ 83,421.15 CASH DISTRIBUTION AS OF CASH HELD BY FISCAL AGENTS: Maturity Interest Investment Institution Date Rate December 31, 2016 Par Value 2003 Lease Revenue Refunding Bonds: Lease Rev Refdg Bds-Revenue Fund: Blackrock Prov Tfund N/A 0.250% $ 83,400.00 Lease Rev Refdg Bds-Project Fund: Blackrock Prov Tfund N/A 0.000% 0.16 Total $ 83,400.16 Source of Market Value Valuation $ 83,400.00 Note (1) 0.16 Note (1) Z� t5.5,4UU. l b 2005 Sewer System RCOP's Funds: Certificate Payment Fund: Blackrock Prov Tfund N/A 0.240% $ 2099 $ 2099 Note (1) $ 20.99 $ 20.99 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH Investment Yield for December 31, 2016 0.250% $ 83,400.16 20.99 $ 83,421.15 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 PARK CASH REPORT TO: The Chairman and Members of the Community Housing Successor Agency of the City of Rohnert Park Darrin Jenkins, Executive Director CASH BALANCES AS OF December 31, 2016 Low & Moderate Income Housing Housing Fund Bond Proceeds (2007H TABs) Debt Service Fund (2007H TABs) FROM: Betsy Howze, Finance Director Prepared By: Gina Burke DATE: January 17, 2017 $ 2,127,083.97 13,785,545.93 43.64 TOTAL HOUSING SUCCESSOR AGENCY CASH $ 15,912,673.54 CASH DISTRIBUTION AS OF December 31, 2016 Checklrrg Accounts: Interest Rate Exchange Bank Checking Account #44042 0.03% CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Tvr)e Date Rate Par Value 2007H TAB'S Union Bank -Trustee 2007H Redevelopment Project Fund (Housing) Tax Allocation Bonds: Blackrock Prov Tfund Treas Note N/A 0.250% $ 13,785,545.93 2007H Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0250% 43.64 TOTAL HOUSING SUCCESSOR AGENCY CASH Market Value $13,785,545.93 Note (1) 43.64 Note (1) $ 13,785,589.57 $13,785,589.57 Investment Yield for December 31, 2016 0.221% $ 2,127,083.97 13,785,589.57 $ 15,912,673.54 INVESTMENT POLICY 8. 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 PARC 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 DECEMBER 31 2016 RPTTF Funds (1) Debt Service Special Fund (2001 TARBs) Debt Service Reserve Fund (1999 TABs) (2) Redevelopment Fund (1999 TABs) (3) Debt Service Fund (200711 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: Gina Burke DATE: January 17, 2017 $ 3,339,778.14 51.28 1,756;973.55 69.47 3.85 $ 5,096,876.29 CASH DISTRIBUTION AS OF December 31, 2016 Checking Accounts: Interest Rate Exchange Bank Checking Account #44042 0,03% 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 0.250%- $ 51 28 $ 51.28 Note (1) $ 51.28 $ 51.28 1999 TAB'S: Union Bank -Trustee 1999 Tax Allocation Bonds Redevelopment Fund: Blackrock Prov Tfund Treas. Note N/A 0.240% $ 6947 $ 69,47 Nate (1) Total 1999 Tax Allocation Bonds Redevelopment Fund $ 69.47 $ 69.47 Union Bank -Trustee 1999 Tax Allocation Bonds Reserve Fund: Blackrock Prov Tfund Treas Note N/A 0250% $ 1,756,948 24 $ 1,756,948 24 Note (1) 1999 Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0240% 25.31 2531 Note (1) Total 1999 Tax Allocation Bond Fund $ 1,756,973.55 $ 1,756,973 55 2007R TAB'S Union Bank -Trustee 2007R Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0000% $ 3.85 $ 3.85 Note (2) Total 2007R Tax Allocation Bonds Fund $ 385 $ 3.85 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH Investment Yield for December 31, 2016 0.106% $ 3,339,778.14 51.28 69.47 1,756,973.55 3.85 $ 5,096,876.29 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 ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 7C1 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: January 24, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Service Director Agenda Title: Authorizing the City Manager to Execute Task Order 2017-01 with CSG Consultants for Developer Funded Engineering Review Services RECOMMENDED ACTION: Approve a Resolution Authorizing the City Manager to Execute Task Order 2017-01 with CSG Consultants Inc. for Developer Funded Review Services and Related Actions. BACKGROUND: The City's General Plan envisions significant residential and non-residential development in the Northeast, University District, Southeast, Wilfred Dowdell and Northwest Specific Plan Areas (SPAS). In addition, development is planned in the Stadium Lands, Sonoma Mountain Village and Central Rohnert Park Planned Development Areas (PDs). The City has been experiencing resurgence in development activity, and in 2013 it retained CSG Consultants Inc. (CSG), to assist with engineering development review and provide timely response. CSG is nearing the limit of its budget under its Task Order. The proposed Task Order will allow for their continued service with engineering development review. ANALYSIS: The City's Development Services Department is currently processing a significant number of engineering applications as outlined in Table 1 on the following page. While City engineering staff is active in the processing of this work, staff does not have sufficient resources to complete the required volume of reviews in a timely fashion. The City's 2016-17 budget anticipates this workload and plans for the use of outside consultant resources to allow for timely processing of development applications. The proposed $150,000 Task Order can be accommodated within Development Services 2016-17 budget. CSG has been engaged in the engineering review of all of these development applications for over three years and brings a unique understanding of each project. Retaining CSG provides the City and the applicants with continuity and value. CSG's rates are competitive with other engineering firms currently performing work for the City. The proposed Task Order with CSG is in alignment with Purchasing Policy Section 3.6.6(D) which allows the city to engage professional services via a negotiated process. ITEM NO. 7C1 Table 1 — Current Engineering Development Review Activities SPA or PD Applicant Current Activities University District Brookfield Homes Design review during construction for the Vast Oak Phase 1 Subdivision and the Rohnert Park Expressway Widening; Vast Oak Phase 2 Subdivision Plan Review Near University Clearwater at Sonoma Site and improvement plan review District Hills Southeast SPA Redwood Equities Design review during construction for the Phase 1 Subdivision and Phase 2 Subdivision Plan Review Sonoma Mountain Codding Enterprises Amended Final Development Plan Review, Village and Zen Center of San Large Lot Tentative Map Review Francisco STRATEGIC PLAN ALIGNMENT: By retaining consultants to provide additional service capacity when necessary, the City is ensuring the effective delivery of public services thus aligning with Goal C of the Strategic Plan. Additionally, this allows staff to better assist major planned developments which aligns with Goal D of the Strategic Plan. OPTIONS CONSIDERED: Authorize Task Order 2017-01 with: CSG Consultants, Inc. (recommended action). This option preserves continuity and understanding and provides the resources necessary to ensure timely review of development submittals. 2. Secure proposals from other consulting firms for engineering development review. Because of the volume of work in Development Services, staff is using several other consultants for support. However, staff recommends retaining CSG for work on the projects in Table 1 because of their strong familiarity with these projects. 3. Perform all engineering development review with City staff. This option is not recommended because staff does not have sufficient resources to review all the development applications currently being considered, which will result in delays. This option also has the potential to delay the City's capital improvement program because engineering staff would be focused on providing development review. Additionally, the use of a consultant offers flexibility to the City to engage their services only if and when there is work to be done. 0 FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $150,000. The expenses incurred under this Task Order are anticipated in Development Services' 2016-17 budget and will be reimbursed from developer deposits and payments. The proposed action has no impact on the City's General Fund. 2 ITEM NO. 7C1 Department Head Approval Date: 12/30/2016 Finance Director Approval Date: 01/03//2017 City Attorney Approval Date: 01/02/2017 City Manager Approval Date: 01/06/2017 Attachments (list in packet assembly order): 1. Resolution of the City Council of the City of Rohnert Park Authorizing the City Manager to Execute Task Order 2017-01 with CSG Consultants Inc. for Developer -Funded Review Services and Related Actions 2. Exhibit A to Resolution - CSG Consultants Inc. Task Order 2017-01 RESOLUTION NO. 2017-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2017-01 WITH CSG CONSULTANTS INC. FOR DEVELOPER -FUNDED REVIEW SERVICES AND RELATED ACTIONS WHEREAS; the City is experiencing a significant volume of new development that requires engineering review; and WHEREAS, CSG Consultants Inc. is an engineering consultant with significant experience in engineering review of development projects and specific experience with development activity in the City's University District and Southeast Specific Plan Areas and its Sonoma Mountain Village Planned Development Area; and WHEREAS, the City has entered into a Master Services Agreement with CSG Consultants Inc. for engineering consultant services, dated June 28, 2016; and WHEREAS, pursuant to Section 3.6.6 of the City's Purchasing Policy, the City has secured a proposal from CSG Consultants Inc. for certain engineering development review services and has negotiated with CSG Consultants Inc. to arrive at a proposed scope of services and budget that meet the City's needs for engineering support; and WHEREAS, the cost of the Consultant's services are reimbursed to the City by various applicants for processing their applications and do not represent a cost to the City's general fund or any other City fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute Task Order 2017-01 with CSG Consultants, Inc., a California Corporation, for development review services in an amount not to exceed an additional one hundred fifty thousand dollars ($150,000). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this authorization for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the Task Order 2017-01 attached hereto and incorporated by this reference as Exhibit "A", subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of Task Order 2017-01. DULY AND REGULARLY ADOPTED this 24th day of January, 2017. CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: JoAnne Buergler, City Clerk Attachment: Exhibit A AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2017-012 Exhibit A to Resolution CSG TASK ORDER NO. 2017-01 CITY OF ROHNERT PARK AND CSG Consultants Inc. AUTHORIZATION TO PROVIDE ENGINEERING DEVELOPMENT REVIEW SERVICES SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct CSG Consultants Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and CSG Consultants Inc. ("Consultant") hereto dated June 28, 2016. SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment "B" for an amount not -to -exceed $ 150,000. SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2017 or as extended by the City Manager. SECTION 5 — ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 24th day January, 2017. Signatures on Next Page Exhibit A to Resolution CITY OF R014NERT PARK Darrin Jenkins, City Manager (Date) Per Resolution No. 2017- adopted by the Rohnert Park City Council at its meeting of January 24, 2017 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 CSG CONSULTANTS INC. Cyrus Kianpour, President CSG CONSULTANTS INC. Nourdin Khayata, Secretary (Date) (Date) Exhibit A to Resolution EXHIBIT A SCOPE OF SERVICES Enzineerinz Development Review Services Anticipated services to be provided include as -needed staff augmentation for engineering development review associated with land development activity in the City. It is anticipated that the majority of the work will involve the University District and Southeast Specific Plan Areas, but work on other new and ongoing applications may also be performed. Work may include but not be limited to the following activities: 1. Review of new or proposed amendments to specific plans, tentative maps, planned development zoning, and other development entitlement applications. 2. Assist City with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist City in negotiations with developers regarding terms of agreements or conditions. 3. Review and recommend approval of improvement plans, subdivision maps, and other documents. Review documents for conformance to approved tentative map, specific plans, and conditions of approval. Confirm that plans conform to City standard design criteria, including draft or proposed standards as needed, and infrastructure or other master plans. Coordinate plan review with other City departments. Confirm that developer has obtained necessary permits or approvals from other public agencies as needed, and that plans conform to North Coast Regional Water Quality Control Board and Sonoma County Water Agency requirements for storm water treatment and retention and City of Santa Rosa requirements for recycled water use. 4. Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist staff in preparing subdivision improvement agreements, other agreements, and staff reports. 5. As requested, work with and manage City's consultant reviewing hydrology to determine proper mitigations and needs to avoid increasing flooding risks to existing residents. 6. As requested, work with and manage City's consultant reviewing hydrology and developer to submit required Conditional Letters of Map Revision (CLOMARs), and subsequent Letters of Map Revision (LOMARs) as needed. 7. As requested, calculate and provide fees to developer. Provide fee offset information for proposed infrastructure to be developed under the Public Facilities Financing Plan (PFFP). 8. As requested, provide analysis of water use and impact of well pumping use in the City. 9. Draft engineering reports and resolutions for Council approval as needed. 10. Meet with developers, consultants, or other agencies on behalf of staff. Exhibit A to Resolution EXHIBIT B FEE SCHEDULE CSG will invoice at the beginning of every month for services rendered during the previous month. Compensation shall be based upon hourly rates based on the CSG's rate schedule, with the exception that rates will not exceed $170 per hour. As part of the service provided (at no additional cost), CSG will coordinate the pickup and return of all plans via CSG staff or a licensed courier. Fees for proposed staff are as follows: Title Billing Rate Mark Lander, P E. Principal Engineer $170/hour Frank Navarro, P.E., Principal Engineer $170/hour Sophie Truong, P.E., P.L.S., Principal Engineer $170/hour Eric Gonzales, P.E., Senior Civil Engineer $170/hour Additional CSG staff will be invoiced per the firm's 2016 Billing Rate Schedule below. Senior Principal Engineer $170 Principal Engineer $170 Project Manager $170 Senior Engineer $170 Senior Structural Engineer $170 Associate Engineer $150 Assistant Engineer $130 Design Supervisor $120 Senior CAD Designer $120 Engineering Technician $110 Resident Engineer $165 Assistant Resident Engineer / Office Engineer $135 Construction Inspector $120 Rates reflect and include administrative costs and routine expenses such as local mileage, copying, fax, telephone, mail, in-house printing, software, and computer usage, etc. Reproduction and sub consultants are billed at cost plus 15%. Hourly rates will remain effective through June 30, 2017, for the following staff Associate Engineer, Assistant Engineer, Design Supervisor, Senior CAD Designer, Engineering Technician, Resident Engineer, Assistant Resident Engineer/Office Engineer, and Construction Inspector. Hourly rates for Senior Principal Engineer, Principal Engineer, Project Manager, Senior Engineer, and Senior Structural Engineer will remain at $1701hour through the expiration date of the amendment. Requests for expedited plan review will be reviewed with the City on a case by case basis. All hourly rates include overhead costs including, but not limited to, salaries,. benefits, Workers Compensation Insurance, office expenses, etc. Should the scope of work change or circumstances develop which necessitate special handling, we will negotiate and agree upon applicable rates with the City prior to proceeding Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. X2 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 January 24, 2017 Development Services Mary Grace Pawson, Director of Development Services Mary Grace Pawson, Director of Development Services Approving a Water Capacity Charge Credit Agreement with University District LLC and Vast Oak L.P. RECOMMENDED ACTION: Adopt a Resolution Approving a Water Capacity Charge Credit Agreement by and between the City of Rohnert Park, University District LLC and Vast Oak L.P. BACKGROUND: The City has entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. ("Developer") to facilitate the orderly development of the University District Specific Plan Area. The Development Agreement has been amended twice and the second amendment requires the Developer to provide approximately $5.0 million in funding to the City to facilitate the timely construction of Water Tank Number 8. Water Tank Number 8 is included in the City's Water Capacity Charge program and the contribution from the Developer is a prepayment of Water Capacity Charges that would be due when building permits are pulled. The purpose of the proposed Water Capacity Charge Agreement ("Agreement") is to recognize the prepayment of Water Capacity Charges, the credit due to Developer and the applicability and transferability of these Water Capacity Charge Credits. ANALYSIS: The current Water Capacity ("WC") Charge for the University District Specific Plan Area is $5,479.41 per single family dwelling unit, and includes the costs to construct Water Tank Number 8. The Developer's prepayment of costs for the Water Tank will be applied to reduce the charge that is due when building permits are pulled by the Developer or by other merchant builders in University District. Developer shall remain fully responsible for the total amount of the Water Capacity Charges applicable to the University District that are not applicable to Water Tank Number 8. The Agreement will facilitate the administration of the fee credits over the time it takes to build out the University District Project in accordance with the following provisions. 1. A credit of $2,369.95 per lot will be applied to the 274 single family lots in Vast Oak West that have not yet pulled building permits. This will ensure that the builders currently working in this area see no change between the City's historic "Per Acre Fee" and the new WC charge. 2. A credit of $4,669.46 per lot will be applied to the remaining 837 single family lots covered under the Development Agreement. ITEM NO. 7C2 3. A credit of $442,295.68 will be applied to the multi -family parcel in Vast Oak North which is planned for an affordable housing complex. 4. The City will track the WC Charge Credit balance as building permits are pulled. 5. The Developer may, with the City's consent, assign WC Credits to other builders within the Property Subject to the Agreement (staff anticipated immediate assignment of some of the credits to the merchant builders currently working on Vast Oak Phase 1). 6. The WC Charge Credits will expire when the available balance is $0.00. 7. Should the Developer default, the City will hold any available WC Charge Credit balance for the benefit of the Property Subject to the Agreement. ENVIRONMENTAL ANALYSIS: When it adopted the current WC Charge Schedule, the City Council found the action categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). This finding was made because the WC Charge program, which is a mitigation fee program, provides a mechanism for mitigating potential environmental impacts. (City of Rohnert Park Resolution No. 2016-112). The proposed Agreement, which is an implementation tool for administering the WC Charge Program, is categorically exempt pursuant to the same exemption. The Water Tank Number 8 project that will be funded with the prepaid charges, was identified in the University District Environmental Impact Report as necessary to mitigate the impacts of the University District development. The impacts of Water Tank Number 8 were analyzed in the University District Environmental Impact Report, including an addendum and construction of the tank will take place under an adopted mitigation monitoring program. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The recommended action implements the requirements of the Development Agreement between the City, University District LLC and Vast Oak L.P. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is to recognize prepayment of Water Capacity Charges from the Developer, which will provide the City with cash flow funding for Water Tank Number 8 Project. This funding strategy is consistent with the second amendment to the Development Agreement between the City, University District LLC and Vast Oak L.P. Department Head Approval Date: 12/30/2016 Finance Director Approval Date: 01/03/2017 City Attorney Approval Date: 01/09/2017 City Manager Approval Date: 01/19/2017 Attachments 1. Resolution Approving a Water Capacity Charge Agreement by and between the City of Rohnert Park, University District LLC and Vast Oak Properties L.P. 2. Exhibit A to Resolution — Water Capacity Charge Agreement by and between the City of Rohnert Park, University District LLC and Vast Oak Properties L.P. 3. Agreement Exhibit 1 — Property Subject to Agreement 2 RESOLUTION NO. 2017-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A WATER CAPACITY CHARGE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHERT PARK, UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P. WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance Number 878 approving a Development Agreement ("Development Agreement") between the City of Rohnert Park and Vast Oak Properties L.P. and the University District LLC ("Developer"); and WHEREAS, on October 25, 2016, the City Council of the City of Rohnert Park adopted its Ordinance No. 900 approving a Second Amendment to the Amended and Restated Development Agreement ("Second Amendment"); and WHEREAS, the Second Amendment requires the Developer to make payments towards the construction of the City's Water Tank Number 8 so that the City can construct these improvements to support the development of the University District Project; and WHEREAS, on November 22, 2016, the City Council of the City of Rohnert Park ("City") adopted Resolution No 2016-112 adopting its Water Capacity Charge Program and finding this action Categorically Exempt under the California Environmental Quality Act; and WHEREAS, the Water Capacity Charge Program includes the construction of Water Tank Number 8 and the Developer's payments required by the Second Amendment are prepayments of that portion of the Water Capacity Charges for University District applicable to Water Tank Number 8, which would otherwise be due at the time building permits are pulled; and WHEREAS, the City and Developer desire to enter into a Water Capacity Charge Credit Agreement to recognize the prepayment of Water Capacity Charges, the credit due to Developer and the applicability and transferability of these Water Capacity Charge Credits only to the development of the project as described in the Development Agreement; and WHEREAS, approval of this agreement is categorically exempt from environmental review pursuant to California Environmental Quality Act guidelines section 15061(b)(3) because the payment of Water Capacity Charges provides a means of mitigating environmental impacts which have been identified in other environmental analyses including the University District Environmental Impact Report; and WHEREAS, Developer will be required to pay the full total amount of the Water Capacity Charges applicable to the University District that are not applicable to Water Tank Number 8. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Water Capacity Charge Credit Agreement by and between the City of Rohnert Park, University District LLC and Vast Oak Properties L.P. attached as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Water Capacity Charge Agreement and any appropriate Water Capacity Charge Assignments, in substantially similar form to that agreement attached hereto and incorporated by this reference as Exhibit A, subject to minor modification by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to take all actions necessary to effectuate the intent of the Agreement. DULY AND REGULARLY ADOPTED this 24th day of January, 2017. ATTEST: JoAnne M. Buergler, City Clerk Attachment: Exhibit A AHANOTU CITY OF ROHNERT PARK Jake Mackenzie, Mayor BELFORTE: CALLINAN: STAFFORD: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN 2017-013 MACKENZIE: Exhibit A to Resolution RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) City of Rohnert Park ) 130 Avram Avenue ) Rohnert Park, California 94928-2486 ) Attention: City Clerk ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. WATER CAPACITY CHARGE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P. This WATER CAPACITY CHARGE AGREEMENT (the "Agreement") is made and entered into on this day of 2017 (the "Effective Date") by and between UNIVERSITY DISTRICT LLC, a Delaware limited liability corporation ("University District"), VAST OAK PROPERTIES L.P., a California limited partnership ("Vast Oak"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"), with reference to the following facts and intentions. University District and Vast Oak are collectively referred to herein as "Developer." RECITALS A. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving an Amended and Restated Development Agreement with the Developer recorded in the Official Records of Sonoma County as Document No. 2014051817, as amended (the "Development Agreement"). B. On October 25, 2016, the City Council of the City of Rohnert Park adopted its Ordinance No. 900 approving a Second Amendment to the Amended and Restated Development Agreement with the Developer recorded in the Official Records of Sonoma County as Document No. 2016106715 (the "Second Amendment"). C. The Second Amendment requires the Developer to make payments towards the construction of the City's Water Tank Number 8 in the amount of Five Million Dollars ($5,000,000) ("Prepayment Amount") so that the City can construct these improvements to support the development of the University District Project. The Developer has paid the Prepayment Amount. D. On November 22, 2016, the City Council of the City of Rohnert Park adopted its Resolution No. 2016-112 establishing its Water Capacity Charge Program. Resolution No. 2016- 112 provides that the Water Capacity Charge Program shall be administered in accordance with Section 3.28 of the Municipal Code, which allows the developer to receive "credits" for charges that have been prepaid or for constructing infrastructure. E. Water Tank Number 8 is included in the City's Water Capacity Charge Program for the University District. F. City and Developer desire to enter into an agreement regarding (1) Developer's prepayment of Water Capacity Charges; (2) credits applicable to Developer up to the Prepayment Amount; and (3) the assignment of the Water Capacity Charge Credits, as set forth in Section 3 below. 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 are hereby incorporated into and form a material part of this Agreement. 2. Property Subject to Agreement. The property which is the subject of this Agreement ("Property") is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit 1, attached hereto and incorporated by this reference. The Property is only a portion of the real property subject to the Development Agreement. The City has approved the development of residential subdivision on the Property (the "Project"). Water Capacity Charge Credit. 3.1. Source and Method of Credit. Subject to the limitations set forth in this Section 3, Developer, or any approved assignee, shall receive Water Capacity Charge Credits, as set forth below, for payments received towards the construction of Water Tank Number 8 up to the Prepayment Amount: • For 274 single family lots in Vast Oak Phase 1 (West) which have not yet pulled building permits, an amount not to exceed $2,369.95 per lot or a total of $649,366.30 • For 837 single family lots in Vast Oak Phase 2 (East), Vast Oak Phase 3 (North) and the Phase 4 UDLLC property, an amount not to exceed $4,669.46 per lot or a total of $3,908,338.02 • For the multifamily parcel in Vast Oak Phase 3 (North), scheduled for the development of 218 affordable units, an amount not to exceed $442,295.68. The City shall offer credits only up to the Prepayment Amount. 3.2 Implementation of Water Capacity Charge Credit. The Water Capacity Charge Credits shall be applied against the Water Capacity Charges that would otherwise be applicable to the Project, as the result of construction on the Property. Developer shall be entitled to receive Water Capacity Charge Credits at the time of issuance of building permits for construction on the Property. The City shall keep an accounting of the balance of Water Capacity Charge Credits based upon the Prepayment Amount minus the credits applied to building permits on the Property. The Water Capacity Charge Credits shall run with the land and may be credited only for development of the Project on the Property, provided that Developer may allocate the use of the Water Capacity Charge Credits among components of the Project. Developer may authorize the assignment of all or portions of the Water Capacity Charge Credit balance in writing, with the prior written consent of the City in accordance with Section 6.6 below, provided that Water Capacity Charge Credits may not be assigned outside the boundaries of the Property and the Water Capacity Charge Credits are fully utilized on the development of the Property. Developer acknowledges and agrees that payment of the Water Capacity Charge Credits is limited to the development of the Property and not the entire real property described in the Development Agreement. 3.3 Expiration of Water Capacity Charge Credit. The Water Capacity Charge Credit reflects prepayment by the Developer of Water Capacity Charges that would otherwise be due at the time building permits are issued for structures on the Property. City's obligation to apply and extend credits shall expire immediately when the available balance of the Prepayment Amount reaches $0.00, as determined by City in its reasonable discretion. 4. Community Facilities District; Intent to Reimburse. City and Developer acknowledge that the California Statewide Communities Development Authority has formed a Community Facilities District that includes the Property. Payment of Water Capacity Charges to support the construction of Water Tank Number 8 is potentially eligible for funding through a Community Facilities District and Developer's costs may be reimbursed with the proceeds of Community Facilities District bonds at some future date. Breach of Agreement; Remedies. 5.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete payment in accordance with the payment schedule. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer assigns all or a portion of the Water Capacity Charge Credit balance without the prior written consent of the City. (4) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (5) Developer or Developer's contractors, subcontractors, agents, employees or assignees, fail to comply with any terms or conditions of this Agreement. The City may serve written notice of breach and default upon Developer. 5.2. Remedies. Should the Developer breach this Agreement, among other available remedies, City may hold all available credits for prepaid funds received under this Agreement for the benefit of the Property. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 6. Miscellaneous. 6.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 6.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time -to -time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: University District LLC 500 La Gonda Way, Ste. 100 Danville, CA 94526 Attn: Mr. Kevin Pohlson Vast Oak Properties L.P. c/o Quaker Hill Development Corp. P.O. Box 2240 Healdsburg, CA 95448 Attn: Ms. Dianne Anderson Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 6.3 Attorney Fees. Should any legal action 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, and such other costs as may be determined by the court. 6.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 6.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 6.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property subject to the Agreement only 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 similar to that attached as Exhibit 2. 6.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 6.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 6.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 6.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 6.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 7.6, in which event this Agreement shall remain binding upon Developer. 6.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 6.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 6.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 6.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 6.16. Authori . Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 6.17 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. "CITY" CITY OF ROHNERT PARK, a California Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney municipal corporation IM City Manager Per Resolution No. 2017- adopted by the Rohnert Park City Council at its meeting of January 24, 2017. Dated: "DEVELOPER" University District LLC, By: Kevin Pohlson Vice President By: Gregory Glenn Chief Financial Officer Vast Oak Properties L.P. By: Diane Anderson General Partner rt NI 661 � *0100T VKLM 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) 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. CK� Jli�ilal•Z�]ZK�]�M11:7:TK�Z.Ytl7:l 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) 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. 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) Exhibit 1 Property Subject to the Agreement Exhibit 2 Form of Assignment (form on following page) EXHIBIT 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: University District LLC 500 La Gonda Way, Suite 100 Danville, California 94526 Attention: John Ryan ASSIGNMENT OF WATER CAPACITY CHARGE CREDITS AND CONSENT OF CITY This Assignment of Fee Credits (the "Assignment") is made and entered into as of ,201 ("Assignment Date"), by and between ("Assignee"), VAST OAK PROPERTIES L.P., a California limited partnership, and UNIVERSITY DISTRICT LLC, a Delaware limited liability company ("Assignor"), with reference to the following facts. RECITALS A. Assignor is the owner of certain real property located in the City of Rohnert Park, Sonoma County, State of California (the "Overall Property"). B. Pursuant to that certain Water Capacity Charge Agreement (the "WC Charge Agreement") entered into by Assignor and the City of Rohnert Park (the "City") dated as of January _, 2017 and recorded on , 2017 as document number in the Official Records of Sonoma County, Assignor has earned certain fee credits (the "WC Charge Credits") in the amount of Five Million and 00/100 Dollars ($5,000,000.00) in connection with Assignor's prepayment of fees under the City's Water Capacity Charge Program ("Water Capacity Charges"). C. Assignor has now entered into an Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions with Assignee, dated as of (the "Purchase Agreement"), pursuant to which, among other things, Assignor has agreed to transfer and convey to Assignee all of Assignor's rights in and to the portion of the Overall Property described on Exhibit "A" attached hereto (the "Property") and cause Assignor to assign WC Charge Credits applicable to each of the _ lots (each, a "Lot") comprising the Property D. In light of the Purchase Agreement, Assignor now desires to assign, transfer and convey to Assignee, all right, title and interest of Assignor in and to the WC Charge Credits applicable to the Property. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Effective as of the Assignment Date, Assignor hereby grants, transfers, conveys and assigns to Assignee all of Assignor's rights, title, and interests in and to the WC Charge Credits in the amount of Dollars ($) per Lot within the Property to the extent that such WC Charge Credits can be applied by Assignee against Assignee's WC Charges for the Lots acquired by Assignee at the time the building permit for the applicable Lot is issued. 2. Attorneys' Fees. If Assignor or Assignee bring any action against the other for the enforcement or interpretation of this Assignment, the non - prevailing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs. 3. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, and all of which shall taken together be deemed one document. 4. Survival. This Assignment and the provisions hereof shall inure to the benefit of and be binding upon the parties to this Assignment and their respective successors, heirs and permitted assigns. (Signature Page Follows.) IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. "ASSIGNOR" UNIVERSITY DISTRICT LLC, a Delaware limited liability company Name: Title: By: Name: Title: "VAST OAK" VAST OAK PROPERTIES, a California limited partnership "ASSIGNEE" By: Name: Title: By: Quaker Hill Development Corporation, a California corporation, its general partner By: Name: Its: CERTIFICATION OF WATER CAPACITY CHARGE CREDITS AND CONSENT TO ASSIGNMENT OF WATER CAPACITY CHARGE CREDIT By its signature below, the City hereby certifies that Assignor has the Water Capacity Charge Credits described in the Assignment available for assignment and hereby consents to the assignment of the PFFP Fee Credits to Assignee as provided herein. [CITYCONSENT SIGNATURE BLOCK By: Name: Title: City Manager EXHIBIT "A" DESCRIPTION OF PROPERTY (To be attach �pH*RTR,� Mission Statement 62 "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CA LIFp RN IP CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: January 24, 2017 Department: Development Services Submitted By: Jeffrey S. Beiswenger, Planning Manager ITEM NO. 7D1 Agenda Title: Adoption of an Ordinance 903 approving a Development Agreement between the City of Rohnert Park and Stadium RP Development Partners, LLC, for development of the Residences at Five Creek Project (APN 143-040-124). RECOMMENDED ACTION: Waive the second reading and adopt Ordinance No. 903 approving a Development Agreement (DA) between the City of Rohnert Park and Stadium RP Development Partners, LLC, for Development of the Residences at Five Creek Project. BACKGROUND AND SUMMARY: The proposed Residences at Five Creek (Five Creek) project is located on a 15.29 acre site currently owned by the City of Rohnert Park and within the 32.8 acres covered by the Stadium Area Master Plan (SAMP). The Five Creek project will develop 12.32 acres with: • 132 room hotel • 34,300 square foot retail center • 135 unit apartment complex • 0.65 acre public park The project's proposed tentative map also creates a 2.97 acre parcel that will be developed by the City as a fire station and a corporation yard. A Purchase and Sale Agreement (PSA) has been entered into between the City and the applicant which describes the conditions under which the City will sell 12.32 acres to the applicant. The agreement, among other things, requires that the site be developed with a hotel, a separate retail - commercial center, a residential or office component and a public park. The Development Agreement (DA) under consideration by the City Council implements the provisions of the PSA. Completing the property transfer and development envisioned by the PSA and implemented by the DA is an important economic development initiative for the City. At the January 10, City Council meeting a Mitigated Negative Declaration was approved to comply with the required environmental review for the Five Creek development, in addition to the City's neighboring Public Safety/Public Works Facilities. The City Council also approved a General Plan Amendment and a Stadium Area Master Plan Amendment to allow the development of the high density residential and the public park components of the project. A Final Development Plan, a Conditional Use Permit, and a Tentative Map were also approved by the City Council on January 10, 2017. Approval of the General Plan Amendment, Stadium ITEM NO. 7D1 Area Master Plan Amendment, Final Development Plan, Conditional Use Permit and Tentative Map are contingent on the effectiveness of the Ordinance approving the DA. The City and applicant negotiated the Development Agreement in order to recognize and achieve mutual benefits from the project with the terms set forth in the PSA. Ordinance No. 903, approving and adopting the DA, was introduced by the Rohnert Park City Council on January 10, 2017. The purpose of the DA is to: 1. Grant vested rights to Stadium RP Development Partners to develop the Residences at Five Creek Project. 2. Set forth requirements for phasing and construction of the project. 3. Require Stadium RP Development Partners to develop an Upscale Hotel (according to the STR hotel rating system). 4. Require Stadium RP Development Partners to construct and dedicate to the City a public park. 5. Establish an annual public service payment equal to Eight Hundred Dollars ($800.00) per residential unit constructed on the property subject to annual adjustment. 6. Set forth the effective date and term of the agreement, applicable fees and exactions, applicable rules, regulations, and policies, required infrastructure improvements, affordable housing obligations, prevailing wage rules, provisions on amendments, annual review and default, and other miscellaneous provisions. If adopted by the City Council, the ordinance shall be in full force and effective thirty (30) days after its adoption — on February 23, 2017. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (EIR) was approved for the SAMP in 2008. Because of the proposed changes to the approved land uses, an Initial Study was prepared to determine whether the proposed project, including the City's proposed facilities, would have a significant adverse effect on the environment. Based on the analysis included in the Initial Study, a Mitigated Negative Declaration (MND) was prepared. The MND was circulated for public review between November 8, 2016 and December 8, 2016. The Planning Commission conducted a public hearing on December 8, 2017 and the City Council held a public hearing on January 10. The City Council adopted the MND on January 10, 2017 and the Development Agreement is consistent with the MND. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community by implementing mandated programs. 2 ITEM NO. 7D1 FISCAL IMPACT/FUNDING SOURCE: Adopting the attached ordinance has significant positive fiscal impact. The project will have fiscal benefits to the City. A public service payment ($800 annually per residential unit) will help cover additional service demands from the new residential units. New transient occupancy tax (TOT) revenue, and sales tax revenue will be generate by the new hotel and commercial shopping center when completed. Department Head Approval Date: 1/18/17 Finance Director Approval Date: n/a City Attorney Approval Date: 1/18/17 City Manager Approval Date: 1/19/17 Attachments (list in packet assembly order): • Ordinance No. 903 ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND STADIUM RP DEVELOPMENT PARTNERS, LLC, FOR DEVELOPMENT OF THE RESIDENCES AT FIVE CREEK PROJECT (APN 143-040-124) WHEREAS, Government Code § 65864, et seq., authorizes the City of Rohnert Park to enter into development agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; and WHEREAS, MJW Investments, LLC, filed Planning Application No. PLDV2016-0001 proposing a General Plan Amendment, amendment to the Stadium Area Master Plan (a Planned Development), adoption of a Final Development Plan (including a related Conditional Use Permit), and a Development Agreement and Planning Application No. PLEN 2016-0003 for the related certification of a Mitigated Negative Declaration ("MND") and Planning Application No. PLSD2016-0001 proposing a Tentative Map for a proposed project on a 15.30 acre parcel located at 5900 Labath Avenue, APN 143-040-124 (the "Project"), in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, MJW Investments, LLC, executed an Assignment Agreement on May 17, 2016 and assigned all of its rights, duties, and obligations concerning the Project to Stadium RP Development Partners, LLC ("Developer"); and WHEREAS, in connection with the Property, Developer and City Staff have negotiated a proposed development agreement ("Development Agreement") in accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.2 1, "Development Agreement Procedure," of the RPMC, for the Project. The Development Agreement negotiated by the Developer and the City is attached to this Resolution as Exhibit A; and WHEREAS, the Development Agreement, among other things, sets forth the effective date and term of the agreement, applicable fees, applicable rules, regulations, and policies, required infrastructure improvements, affordable housing obligations, prevailing wage rules, provisions on amendments, annual review and default, and other miscellaneous provisions; and WHEREAS, the Planning Commission reviewed the MND prepared for the project; recommended its certification by the City Council; and has otherwise carried out requirements for the project pursuant to CEQA; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and 1 Ord. 903 WHEREAS, on December 8, 2016, the Planning Commission held a public hearing which was continued to December 22, 2016, at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, On December 22, 2016, the Planning Commission voted 4-0, to recommend to the City Council approval of the Development Agreement attached hereto; and WHEREAS, on January 10, 2017, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Development Agreement; and WHEREAS, the City Council has reviewed and considered the information contained in proposed Development Agreement. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: SECTION 1. Findings for Adoption of Development Agreement The City Council has reviewed Planning Application No. PLDV2016-0001, Development Agreement for the Residences at Five Creek and the proposed Development Agreement and hereby makes the following findings: A. A duly noticed public hearing regarding the Development Agreement was held by the City Council on January 10, 2017, in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. B. The applicant has proposed amendments to the General Plan and related land use entitlements for the Project which the Planning Commission has concurrently reviewed and considered in conjunction with its review of the Development Agreement. The proposed Development Agreement (attached hereto as Exhibit A) is consistent with the General Plan, as amended, and would direct the Project's development in an orderly manner that benefits the City. C. Pursuant to RPMC Section 17.21.040, the following factors have been taken into consideration, as applicable, with respect to the Development Agreement: other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the applicant to fulfill public facilities financing plan obligations; the relationship of the project to the city's growth management program; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the city of Rohnert Park; and the contribution if any toward meeting the city's housing needs. Ord. 903 D. The City Council approved the Mitigated Negative Declaration for this Project concurrently with the City Council's approval of this Ordinance. SECTION 2. Adoption of Development Agreement The City hereby adopts the Development Agreement in substantially similar form as attached hereto and incorporated herein as Exhibit A. SECTION 3. Compliance with State Law A. The City will act in accordance with the provisions of Government Code §§ 65856(e) and 66006. B. In accordance with Government Code §§ 65868.5, no later than 10 days after the City enters into the Development Agreement, the City Clerk will record the Development Agreement with the County Recorder. C. In accordance with Government Code §§ 65865.1 and RPMC Section 17.21.050(A), the City will conduct an annual review of the Development Agreement, as amended by the Development Agreement, to ensure compliance with the terms. SECTION 4. Severability The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.] 3 Ord. 903 This ordinance was introduced on January 10, 2017, and adopted by the Council of the City of Rohnert Park on January 24, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: JoAnne Buergler, City Clerk APPROVED AS TO FORM: Michelle Kenyon, City Attorney Attachment: Exhibit A RECOMMENDED DEVELOPMENT AGREEMENT I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 24th day of January, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JoAnne Buergler, City Clerk 4 Ord. 903 Exhibit A RECORD WITHOUT FEE PURSUANT TO GOVERNMENT CODE § 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ROHNERT PARK CITY CLERK'S OFFICE 130 AVRAM AVENUE ROHNERT PARK, CALIFORNIA 94928 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY DEVELOPMENT AGREEMENT by and between THE CITY OF ROHNERT PARK, a California municipal corporation, and STADIUM RP DEVELOPMENT PARTNERS, LLC, a California limited liability company OAK #4834-2306-3595 v1 l TABLE OF CONTENTS Page 1. DEFINITIONS...................................................................................................................3 2. EFFECTIVE DATE AND TERM..................................................................................... 6 2.1 Effective Date........................................................................................................ 6 2.2 Term....................................................................................................................... 6 2.3 Expiration...............................................................................................................7 2.4 Developer Representations and Warranties........................................................... 7 3. DEVELOPMENT OF THE PROPERTY.......................................................................... 7 3.1 Vested Rights......................................................................................................... 7 3.2 Applicable Law...................................................................................................... 7 3.3 Development Timing............................................................................................. 8 3.4 Regulation by Other Public Agencies.................................................................... 9 3.5 Life of Project Approvals....................................................................................... 9 3.6 Developer's Right to Rebuild................................................................................ 9 3.7 State and Federal Law............................................................................................ 9 4. DEVELOPMENT STANDARDS................................................................................... 10 4.1 Compliance with State and Federal Law............................................................. 10 4.2 Prevailing Wage Requirements............................................................................ 10 4.3 Sale Tax Point of Sale Designation..................................................................... 11 5. FEES AND EXACTIONS............................................................................................... 11 5.1 Development Fees, Taxes and Exactions............................................................. 11 5.2 Impact Fees.......................................................................................................... 11 5.3 Processing Fees.................................................................................................... 11 5.4 Taxes and Assessments........................................................................................ 11 5.5 Consultant Fees.................................................................................................... 11 5.6 Obligations Under Previous Agreements............................................................. 12 5.7 Purchase of GHG Emission Offset Credits.......................................................... 12 6. BENEFITS TO CITY...................................................................................................... 12 6.1 Hotel Development.............................................................................................. 12 6.2 Public Improvements........................................................................................... 12 6.3 Storm Water Maintenance Agreement................................................................. 13 OAK #4834-2306-3595 v] l -i- TABLE OF CONTENTS (continued) Page 6.4 Public Park........................................................................................................... 13 6.5 Public Service Payment....................................................................................... 14 6.6 Funding for Affordable Housing......................................................................... 14 7. COOPERATION AND IMPLEMENTATION............................................................... 14 7.1 Subsequent Project Approvals............................................................................. 14 7.2 Processing Applications for Subsequent Project Approvals ................................ 14 7.3 Changes and Amendments to Project Approvals ................................................. 15 7.4 Amendment of this Agreement............................................................................ 16 7.5 Mitigation Measures............................................................................................ 16 7.6 Cooperation in the Event of Legal Challenge...................................................... 17 7.7 Indemnity and Hold Harmless............................................................................. 17 8. DEFAULT AND REMEDIES......................................................................................... 17 8.1 Breach.................................................................................................................. 17 8.2 Default..................................................................................................................18 8.3 Withholding of Permits........................................................................................ 18 8.4 Remedies..............................................................................................................18 8.5 Periodic Review................................................................................................... 19 8.6 Enforced Delay; Extension of Time of Performance ........................................... 20 8.7 Resolution of Disputes......................................................................................... 20 8.8 Termination..........................................................................................................20 9. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE .................................. 21 9.1 Mortgagee Protection........................................................................................... 21 9.2 Mortgagee Obligations......................................................................................... 21 9.3 Notice of Default to Mortgagee........................................................................... 21 10. ASSIGNABILITY...........................................................................................................22 10.1 Assignment by Developer.................................................................................... 22 10.2 Covenants Run With The Land............................................................................ 22 10.3 Pre -Approved Transfers....................................................................................... 23 10.4 Non -Assuming Transferees................................................................................. 23 10.5 Foreclosure...........................................................................................................23 OAK #4834-2306-3595 v1 l -ll- TABLE OF CONTENTS (continued) Page 11. GENERAL.......................................................................................................................23 11.1 Controlling Law................................................................................................... 23 11.2 Construction of Agreement.................................................................................. 23 11.3 No Waiver............................................................................................................ 24 11.4 Agreement is Entire Agreement........................................................................... 24 11.5 Estoppel Certificate.............................................................................................. 24 11.6 Further Documents............................................................................................... 24 11.7 Time of Essence................................................................................................... 24 11.8 Construction.........................................................................................................24 11.9 Notices................................................................................................................. 24 11.10 Developer is an Independent Contractor.............................................................. 25 11.11 No Joint Venture.................................................................................................. 25 11.12 Nondiscrimination................................................................................................25 11.13 No Third Party Beneficiary.................................................................................. 26 OAK #4834-2306-3595 vl l -iii- DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the Effective Date by and between CITY OF ROHNERT PARK ("City"), a California municipal corporation, and STADIUM RP DEVELOPMENT PARTNERS, LLC, a California limited liability company (the "Developer"), concerning the development of certain real property consisting of 12.32 acres and located at Labath Avenue and Carlson Avenue in the City of Rohnert Park. City and Developer may each be referred to as a "Party," and collectively the "Parties". RECITALS Developer and City enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement: A. Sections 65864 through 65869.5 of the California Government Code ("Development Agreement Statute") authorize the City to establish procedures to enter into binding development agreements with persons having legal or equitable interests in real property located within the City for the development of property. B. Developer and City are parties to that certain Agreement for Purchase and Sale (Including Joint Escrow Instructions) and Terms of Development dated August 11, 2015, as amended, (the "Purchase Agreement") with respect to Developer's purchase from City and development of that certain real property of approximately 12.32 acres in size, as further described in Exhibit A, attached hereto and incorporated by this reference (the "Property"). As Developer is under contract to purchase the Property, Developer has an equitable interest in the Property. The Purchase Agreement is incorporated in this Agreement by reference as if fully set forth herein. C. The Purchase Agreement requires that Developer obtain the land use approvals, including a development agreement for the development of an (i) up to 300 -room select service and/or suite hotel(s); and (ii) a separate retail, commercial, residential (up to 135 apartments or such lower amount as can be adequately parked and meet any other established City requirements), or office component in addition to the hotel. Further, the Purchase Agreement requires that this Agreement set forth Developer's obligation to phase its development to ensure the hotel is constructed prior to or simultaneously with the retail/commercial/residential development and Developer's obligation to construct and/or fund certain required public improvements. D. Developer, with City's consent and in accordance with the terms of the Purchase Agreement, has submitted applications to the City for a General Plan Amendment, an Amendment to Stadium Area Master Plan, a Final Development Plan, a Tentative Parcel Map, a Development Agreement and a Conditional Use Permit to develop (1) a hotel with no less than 132 rooms and categorized as Upscale (as defined in Section 1 below) or higher ("Hotel"), (2) up to 135 multi -family dwelling residential units, on the Property (the "Residential Component"); and (3) a commercial and retail development complex (the "Retail Component"; and collectively with the Hotel and the Residential Component, the "Project"). The OAK #4834-2306-3595 v1 l applications, plus further applications for approvals necessary or convenient to develop the Property are in furtherance of the terms of the Purchase Agreement and the request by Developer to be allowed to develop the Property with the Project. E. Through this Agreement, the Parties intend to preserve the size and density of development as set forth in the Project Approvals, as defined below. City and Developer each acknowledge that development and construction of the Project is a large-scale undertaking involving major investments by Developer and City, and assurances that the Project can be developed and used in accordance with the Purchase Agreement and the terms and conditions set forth herein and the existing rules governing development of the Property will benefit both Developer and City. F. This Agreement will eliminate uncertainty in the comprehensive development planning of the Project and provide that the Property may be developed, constructed, completed and used pursuant to this Agreement, and in accordance with existing policies, rules and regulations of the City, subject to the exceptions and limitations expressed herein. Further this Agreement will (i) secure orderly development, including the development of a hotel, and fiscal benefits for public services, improvements and facilities planning in the City; (ii) meet the goals of the General Plan; (iii) plan for and concentrate public and private resources for the mutual benefit of both Developer and City; (iv) allow the City and public to obtain the benefits of public ownership and use of the public improvements; (vi) provide for a coordinated and systematic approach to providing certain public improvements to be provided by Developer; and (vii) establish the timing and extent of contributions required from Developer for these purposes. G. Prior to approval of this Agreement, City has taken numerous actions in connection with the development of the Project on the Property. The approvals and development actions described in this Recital G are collectively referred to herein as the "Existing Project Approvals. " These include: 1. Initial Study and Mitigated Negative Declaration. The environmental impacts of the Project, including the Existing Project Approvals, have properly been reviewed and assessed by City pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq.; California Code of Regulations Title 14, Section 15000 et seq. ("CEQA Guidelines'q; and City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA'). On January 10, 2017, pursuant to CEQA and in accordance with the recommendation of City's Planning Commission (the "Planning Commission'), the City Council of City ("City Council's adopted an Initial Study and Mitigated Negative Declaration for the Project ("MND"). As required by CEQA, City adopted written findings and a Mitigation Monitoring and Reporting Program ("MMRP'� on January 10, 2017, pursuant to Resolution No. 2017-8. 2. General Plan Amendment. On January 10, 2017, in accordance with the recommendation of the Planning Commission, the City Council adopted Resolution 2017-9, amending the General Plan. OAK #4834-2306-3595 v11 2 3. Amendment to the Stadium Area Master Plan. On January 10, 2017, in accordance with the recommendation of the Planning Commission, the City Council adopted Resolution No. 2017-10, approving an Amendment the Stadium Area Master Plan, which covers the entirety of the Property as well as certain additional adjacent property as shown in the Stadium Area Master Plan. The Amendment to the Stadium Area Master Plan also constituted prezoning for the Property and the adjacent property in accordance with City Municipal Code section 17.06.290. 4. Tentative Map. On January 10, 2017, in accordance with the recommendation of the Planning Commission, the City Council adopted Resolution No. 2017-11, approving the Tentative Map for the Property. 5. Final Development Plan and Design Guidelines. On January 10, 2017, in accordance with the recommendation of the Planning Commission, the City Council adopted Resolution No. 2017-10, approving the Final Development Plan and Design Guidelines for the Property. 6. Conditional Use Permit. On January 10, 2017, in accordance with the recommendation of the Planning Commission, the City Council adopted Resolution No. 2017-10, approving a Conditional Use Permit, subject to certain conditions of approval, for portions of the Property. H. Subsequent to approval of this Agreement, the City and Developer anticipate that applications for additional approvals, entitlements, and permits related to the development and operation of the Project will be submitted to implement the Project (the "Subsequent Project Approvals"). AGREEMENT NOW, THEREFORE, pursuant to the authority contained in California Government Code section 65864, and in consideration of the mutual representations, covenants and promises of the Parties, the Parties hereto agree as follows: 1. DEFINITIONS. "Administrative Agreement Amendment" shall have the meaning set forth in Section 7.4(a). "Administrative Project Amendment" shall have the meaning set forth in Section 6.3(a)(i). "Agreement" shall have the meaning set forth in the introductory paragraph preceding the Recitals. "Applicable Law" shall have the meaning set forth in Section 3.2. "Building Permit" means a permit issued by the City for the renovation or construction of a building or structure, as required by the California Building, Residential, Mechanical, OAK #4834-2306-3595 v1 l Electrical, Plumbing, Green Building, Fire or Energy Standard Codes, as adopted by the City and incorporated in the Rohnert Park Municipal Code by reference, excluding a permit to commence grading issued under Chapter 15.50 of the Rohnert Park Municipal Code. "CEQA " shall have the meaning set forth in Recital G. "CEQA Guidelines " shall have the meaning set forth in Recital G. "Changes in the Law" shall have the meaning set forth in Section 3.7. "Cure Period" shall have the meaning set forth in Section 7.1. "City" shall have the meaning set forth in the introductory paragraph preceding the Recitals. "City Council" shall have the meaning set forth in Recital G. "City Manager" means the City Manager of the City or his/her designee. "Commence Construction " shall be deemed to have occurred when the Developer has begun vertical construction as evidenced by an approved foundation City inspection and such date shall be memorialized in writing by the Parties. "Consultant Fees" shall have the meaning set forth in Section 5.5. "Default" shall have the meaning set forth in Section 7.2. "Developer" means Stadium RP Development Partners, LLC, a California limited liability company, and its permitted successors and assigns. "Development Agreement Statute" shall have the meaning set forth in Recital A. "Director" means the Development Services Director of the City. "Effective Date" shall have the meaning set forth in Section 2.1. "Existing Project Approvals " shall have the meaning set forth in Recital G. "Extended Cure Period" shall have the meaning set forth in Section 7.1. "Extended Term" shall have the meaning set forth in Section 2.2(b). "Federal/State Compliance Fees " shall have the meaning set forth in Section 5.4. "Grading Permit" means a permit to commence grading issued by the City under Chapter 15.50 of the Rohnert Park Municipal Code. "Hotel " shall have the meaning set forth in Recital D. OAK #4834-2306-3595 vl 1 4 "Impact Fees " shall have the meaning set forth in Section 5.2. "Initial Term" shall have the meaning set forth in Section 2.3(a). "Major Agreement Amendment" shall have the meaning set forth in Section 7.4(b). "MMRP" shall have the meaning set forth in Recital G. "MND " shall have the meaning set forth in Recital G. "Mortgage" shall have the meaning set forth in Section 8.1. "Mortgagee " shall have the meaning set forth in Section 8.1. "New City Laws" shall mean City's laws, rules, regulations, official policies, standards and specifications, including those enacted or imposed by a citizen -sponsored initiative or referendum or by the City Council directly or indirectly in connection with any proposed initiative or referendum, in each case to the extent amended or otherwise imposed following the Effective Date. "Non -administrative Project Amendment" shall have the meaning set forth in Section 6.3(a)(ii). "Official Policy" shall mean a policy that is approved in accordance with the City's normal practice for adopting policies, that is in writing, and that was adopted prior to the Effective Date of this Agreement or that is approved by the City Council and consistent with federal, state or local laws. "Party/Parties " shall have the meaning set forth in the introductory paragraph preceding the Recitals of this Agreement. "Planning Commission " shall have the meaning set forth in Recital G. "Prevailing Wage Laws " shall have the meaning set forth in Section 4.2(a). "Processing Fees " shall have the meaning set forth in Section 5.3. "Project" shall have the meaning set forth in Recital D. "Project Approvals " means the Existing Project Approvals and any approved Subsequent Project Approvals. "Property" shall have the meaning set forth in Recital B. "Purchase Agreement" shall have the meaning set forth in Recital B. "Residential Component" shall have the meaning set forth in Recital D. "Retail Component" shall have the meaning set forth in Recital D. OAK #4834-2306-3595 v1 "Service Payment" shall have the meaning set forth in Section 6.5(a). "Subsequent Project Approvals " shall have the meaning set forth in Recital K. "Subsequent Discretionary Approvals " means all other Subsequent Project Approvals other than Subsequent Ministerial Approvals, including amendments of the Project Approvals, improvement agreements, architectural review permits, use permits, lot line adjustments, subdivision maps, rezonings, development agreements, permits that are not Subsequent Ministerial Approvals, resubdivisions, and any amendments to, or repealing of, any of the foregoing, are Subsequent Discretionary Approvals. "Subsequent Ministerial Approvals " means permits or approvals that are required by Applicable Law and that are to be issued upon compliance with uniform, objective standards and regulations. They include applications for road construction permits or authorizations; grading and excavation permits; building permits, including electrical, plumbing, mechanical, Title 24 Electrical, and Title 24 Handicap permits or approvals; certificates of occupancy; encroachment permits; water connection permits; and any other similar permits required for the development and operation of the Project. "Term " shall have the meaning set forth in Section 2.2. "Transfer" shall have the meaning set forth in Section 9.1.. "Upscale" shall have the meaning set forth in Section 6.1. 2. EFFECTIVE DATE AND TERM. 2.1 Effective Date. This Agreement shall become effective upon the date that the ordinance approving this Agreement becomes effective (the "Effective Date"). 2.2 Term. The term ("Term") of this Agreement shall be the Initial Term together with any Extended Term. (a) Initial Term. The Term of this Agreement shall commence upon the Effective Date and shall extend for a period of five (5) years thereafter ("Initial Term"). The Initial Term has been established by the City and Developer as a reasonable estimate of the time required to develop the Project, including all on- and off-site public improvements, and obtain the public benefits of the Project. (b) Extended Term. Provided neither City nor Developer have terminated this Agreement and Developer has fully complied with all terms of this Agreement, Developer may request in writing that City extend the Initial Term of this Agreement for an additional two-year period ("Extended Term"). Such written request may be delivered to City not earlier than two hundred seventy (270) days nor later than one hundred twenty (120) days prior to the termination date of the Initial Term. (c) City Review of Request for Extended Term. Upon receipt of such request, City shall undertake a review of Developer's good faith compliance with the terms of this OAK #4834-2306-3595 v1 l Agreement in the same manner as set forth in Section 8.5 for a periodic review of this Agreement. Developer and City shall comply with the provisions of Section 8.5 with respect to such review so that it can be completed prior to the expiration of the Initial Term. If Developer has met all requirements of this Agreement and has made reasonable progress toward completing the Project, in City's reasonable discretion, City may approve such extension. If the Initial Term of this Agreement is extended in accordance with the provisions of this Section, City shall record an instrument giving notice of the Extended Term and the termination date thereof. 2.3 Expiration. Following the expiration of the Term, or the earlier completion of development of the Project and all of Developer's obligations in connection therewith, this Agreement shall be deemed terminated and of no further force and effect, subject, however, to the provisions of Section 8.8 below. 2.4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date: (a) Developer has an equitable interest in the Property; (b) The Purchase Agreement is a valid and binding obligation of Developer and enforceable in accordance with its terms; (c) Developer: (i) is organized and validly existing under the laws of the State of California; (ii) to the extent required, has qualified and been authorized to do business in the State of California and has complied with all requirements pertaining thereto; and (iii) to the extent required, is in good standing and has all necessary powers under the laws of the State of California to own property; (d) No approvals or consents of any persons are necessary for the execution, delivery or performance of this Agreement by Developer, except as have been obtained; (e) The execution and delivery of this Agreement have been duly authorized by all necessary corporate action; and (f) This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Vested Rights. The Property is hereby made subject to the provisions of this Agreement. Developer shall have the vested right to develop the Property and the Project in accordance with and subject to the Existing Project Approvals, the Subsequent Project Approvals, Applicable Law and this Agreement, which shall control the permitted uses, density and intensity of use of the Property and the maximum height and size of buildings on the Property. 3.2 Applicable Law. City and Developer acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Agreement are intended to reserve to City all of its OAK #4834-2306-3595 v1 l police power that cannot be so limited. Notwithstanding the foregoing reservation of City, it is the intent of City and Developer that this Agreement be construed to provide Developer with the maximum rights afforded by law, including but not limited to, the Development Agreement Statute. Therefore, the laws, rules, regulations, official policies, standards and specifications of City applicable to the development of the Property and/or the Project shall be (collectively, "Applicable Law"): (a) Those rules, regulations, official policies, standards and specifications of the City set forth in the Project Approvals and this Agreement; (b) With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing and manner of construction, densities, intensities of uses, heights and sizes, and requirements for on- and off-site infrastructure and public improvements, in each case only to the extent in full force and effect on the Effective Date; (c) New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City- wide basis to all substantially similar types of development projects and properties; (d) New City Laws that revise City's uniform construction codes, including City's building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as of the date of permit issuance, provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties; (e) New City Laws that are necessary to protect physical health and safety of the public, provided, that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties; and (f) New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by Developer in its sole discretion. 3.3 Development Timing. Developer shall phase and construct the Project within the time -frames set forth below. (a) Developer shall obtain a Building Permit to construct the Hotel prior to, or concurrently with, issuance of a Building Permit for any other portion of the Project, including the Residential Component. In no event shall City issue a Building Permit for any portion of the Project prior to the issuance of a Building Permit for the Hotel. (b) Developer shall Commence Construction of the Hotel prior to, or concurrently with, Commencement of Construction of any other portion of the Project, but no later than August 11, 2018, subject to extension due to a force majeure event as set forth in Section 3.3(d) below. OAK #4834-2306-3595 vl 1 8 (c) Developer shall complete construction of and obtain a certificate of occupancy for the Hotel prior to the date that is 18 months from the Commencement of Construction of the Hotel, subject to extension due to a force majeure event as set forth in Section 3.3(d) below; provided, however, such 18 month time period shall be extended by the City for up to 6 months upon the written request of Developer if, in City's reasonable determination, Developer has made substantial progress toward completion of construction of the Hotel prior to the expiration of such initial 18 month period. (d) A force majeure event shall mean delay that Developer could not reasonably have been expected to avoid and which by exercise of due diligence have been unable to overcome caused by: acts of God, war, fire, earthquake, windstorm, flood or other natural catastrophe, civil disturbance or disobedience, labor disputes, vandalism, sabotage, terrorism, or restraint by order of a court or administrative agency with jurisdiction. Developer's financial inability to perform or obtain financing or adverse economic conditions generally shall not be grounds for claiming a force majeure event. 3.4 Regulation by Other Public Agencies. City and Developer acknowledge and agree that other governmental or quasi -governmental entities not within the control of City possess authority to regulate aspects of the development of the Property and the Project and that this Agreement does not limit the authority of such other public agencies. City shall cooperate with Developer in Developer's effort to obtain such permits and approvals as may be required by other governmental or quasi -governmental entities in connection with the development of, or the provision of services to, the Property and/or the Project; provided, however, City shall have no obligation to incur any costs, without compensation or reimbursement, or to amend any City policy, regulation or ordinance in connection therewith. 3.5 Life of Project Approvals. The term of any and all Project Approvals shall automatically be extended for the longer of the Term or the term otherwise applicable to such Project Approvals. Without limiting the generality of the foregoing, pursuant to the Subdivision Map Act, any vesting or tentative maps heretofore or hereafter approved in connection with development of the Project or the Property, shall be extended for the Term (and may be subject to other extensions provided under the Subdivision Map Act). 3.6 Developer's Right to Rebuild. City agrees that Developer may renovate or rebuild portions of the Project at any time within the Term should it become necessary due to any casualty, including natural disaster or changes in seismic requirements. Such renovations or reconstruction shall be processed as a Subsequent Project Approval consistent with all prior Project Approvals and Applicable City Law. Any such renovation or rebuilding shall be subject to all design, density and other limitations and requirements imposed by this Agreement, and shall comply with the Project Approvals, Applicable City Law, and the requirements of CEQA. 3.7 State and Federal Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than City, created or operating pursuant to the laws of the State of California ("Changes in the Law"). In the event Changes in OAK #4834-2306-3595 v1 l the Law prevent or preclude, or render substantially more expensive or time consuming, compliance with one (1) or more provisions of this Agreement, the City and Developer shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Nothing in this Agreement shall preclude City or Developer from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project any such Changes in the Law. If Changes in the Law preclude or substantially prevent or preclude, or render substantially more expensive or time consuming, performance of this Agreement in a manner that makes the Project economically infeasible, Developer, in its sole and absolute discretion, may terminate this Agreement by providing written notice thereof to City. 4. DEVELOPMENT STANDARDS. 4.1 Compliance with State and Federal Law. Developer, at its sole cost and expense, shall comply with requirements of, and obtain all permits and approvals required by, regional, State and Federal agencies having jurisdiction over the Project. 4.2 Prevailing Wage Requirements. (a) Developer acknowledges and agrees that all improvements paid for directly or indirectly with public funds will constitute construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds as provided under California Labor Code Section 1720. Accordingly, if and to the extent applicable, Developer shall comply with, and cause its contractors and subcontractors to comply with, all State Labor Code requirements and implementing regulations of the Department of Industrial Relations pertaining to "public works" (collectively, "Prevailing Wage Laws"). Developer shall require the contractor for the Project or any portion thereof involving any such publicly financed improvements, to submit, upon request by City or County, as applicable, certified copies of payroll records to City, and to maintain and make records available to City and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws, as applicable. Developer shall also include in each of its contractor agreements with respect to any such publicly financed improvements, a provision in form acceptable to City, obligating the contractor to require its contractors and/or subcontractors to comply with Prevailing Wage Laws, as applicable, and to submit, upon request by City, certified copies of payroll records to City and to maintain and make such payroll records available to City and its designees for inspection and copying during regular business hours at the Property or at another location within City. (b) Developer shall defend (with counsel chosen by the City), indemnify, assume all responsibility for, and hold harmless City and its officers, officials, employees, volunteers, agents and representatives from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) arising out of or in any way connected with Developer's or its contractors' obligations to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third parry claimants pursuant to Labor Code sections 1726 and 1781. OAK #4834-2306-3595 v11 10 4.3 Sales Tax Point of Sale Designation. Developer shall request that all persons and entities providing bulk lumber, concrete, structural steel and pre -fabricated building components, such as roof trusses, to be used in connection with the construction and development of, or incorporated into, the Project, designate City as the sole point-of-sale for purposes of computing sales taxes due under the Bradley -Burns Uniform Local Sales and Use Tax Law (California Revenue and Taxation Code sections 7200 et seq. and implementing regulations) on the sale of such bulk construction and building materials and components. Developer shall not be in default hereunder if such request is not agreed to by such persons and entities providing such materials to the Project. 5. FEES AND EXACTIONS. 5.1 Development Fees, Taxes and Exactions. Developer shall pay all fees, special assessments, special taxes, exactions and dedications payable due to the development, build out, occupancy and use of the Property pursuant to this Agreement including Impact Fees, Processing Fees, Taxes and Assessments, and Consultant Fees. 5.2 Impact Fees. Developer shall pay all development impact fees in effect as of the Effective Date ("Impact Fees"). Impact fees shall be paid at the rate in effect as of the Effective Date with annual increases based on the Construction Cost Index from the Engineering News Report. 5.3 Processing Fees. City may charge and Developer agrees to pay all processing fees, application, inspection and monitoring fees, and staff and legal fees ("Processing Fees"), for land use approvals, grading and building permits, general plan maintenance fees, and other permits and entitlements, which are in force and effect on a City-wide basis at the time those permits, approvals or entitlements are applied for on any or all portions of the Project, and which are intended to cover the actual costs of processing the foregoing. 5.4 Taxes and Assessments. City may charge and Developer agrees to pay any new, increased or modified taxes or assessments, imposed as a condition of or in connection with any Subsequent Project Approvals or otherwise, provided such taxes and assessments are equally applied on a City-wide basis and have a uniform effect on a broadly-based class of land, projects, or taxpayers, as applicable, within the City ("Taxes and Assessments"). 5.5 Consultant Fees. In addition to charging the foregoing Processing Fees, City may, in its sole discretion, contract with one or more outside inspectors, engineers, attorneys or consultants to perform all or any portion of the monitoring, inspection, testing, application processing and evaluation services to be performed in connection with construction and development of the Project or in connection with the periodic review of the Agreement ("Consultant Fees"). Developer shall pay to City, within 30 days following City's written demand therefore, the full amount of all Consultant Fees, plus a 10 percent City administration charge. City shall provide copies of consultant bills that City asks Developer to pay pursuant to this paragraph at the same time that the City submits an invoice seeking payment to Developer. In the event that a consultant bill contains attorney-client privileged communications, City may redact those portions of the consultant bill that are privileged. The Consultant Fees, together with the associated administrative charge, shall be in addition to, and not in lieu of, the OAK #4834-2306-3595 v1 l 11 Processing Fees. The City shall not double -charge Developer through the imposition of both Processing Fees and Consultant Fees. 5.6 Obligations Under Previous Agreements. (a) Developer will have no obligations under the Property Disposition and Development Agreement between City of Rohnert Park and Costco Wholesale Corporation and entered into as of November 27, 2001. (b) Developer shall pay the Reserves LLC, the amount of $62,995, as set forth in the Offsite Public Improvement and Fee Credit Agreement and Termination and Supersession of Deferred Improvement Agreement between the City of Rohnert Park and the Reserves LLC for Carlson Avenue (referred to as "Carlson Court") and entered into as of May 21, 2015. Developer shall provide City with proof of payment to Reserves LLC, prior to or at the time of issuance of the first Building Permit or Grading Permit for the Project. (c) Developer shall pay Redwood Equities Investments the amount of $83,585.35, as determined by the Reimbursement Agreement for the Stadium Lands Master Plan Environmental Impact Report, and provide City with proof of payment prior to or at the time of issuance of the first Building Permit or Grading Permit for the Project. 5.7 Purchase of GHG Emission Offset Credits. Developer shall make a one-time purchase of Greenhouse Gas carbon offset credits through the Climate Action Reserve (CAR) to offset 600 metric tons CO2E per year for 30 years, which is the life of the Project assumed in the MND. The purchase price for such offset credits is currently estimated as approximately Thirty Thousand Dollars ($30,000.00). Developer shall provide City with proof of purchase and registration of the credits prior to or at the time of issuance of the first Building Permit or Grading Permit for the Project. 6. BENEFITS TO CITY 6.1 Hotel Development. Developer shall develop the Hotel as an Upscale, as defined by the 2016 STR Hotel Chain Scale ("Upscale") or higher hotel, and shall provide City with a copy of the Hotel Franchise Agreement prior to issuance of a Building Permit for the Hotel demonstrating compliance with this Section 6.1. 6.2 Public Improvements. Developer shall construct public improvements in accordance with the City's standards and specifications and plans and specifications to be approved by City, in City's sole discretion, within the time -frames set forth below or such earlier time -frame set forth in the Existing Project Approvals and the conditions of approval set forth therein. Improvements shall include, but not be limited to the following: (a) Remainder of Carlson Avenue improvements, including curb, gutter, sidewalk and 16 -foot wide of travelway to provide an ultimate curb -to -curb width of 48 feet, prior to issuance of the first certificate of occupancy within the Project; (b) Sidewalk along Dowdell Avenue frontage, prior to issuance of the first certificate of occupancy within the Project; OAK #4834-2306-3595 v11 12 (c) If required by the traffic study for the Project, Labath Avenue northbound right -turn lane at Martin Avenue widening and improvements, prior to issuance of the first certificate of occupancy within the Project; (d) Storm drain outfall into Hinebaugh Creek, including all costs for design, permitting, and construction, as shown on the Stadium Lands approved tentative map, prior to issuance of the first certificate of occupancy within the Project; (e) A twelve -inch water main in Redwood Drive from the Hinebaugh Creek Pressure Reducing Valve vault to Martin Avenue, prior to issuance of the first certificate of occupancy within the Project; (f) Site irrigation connected to existing recycled water system within Labath Avenue and/or Dowdell Avenue; and (g) Martin Avenue improvements, including curb, gutter, and sidewalk to provide an ultimate curb -to -curb width of 42 to 55 feet, as illustrated in Exhibit B attached hereto, prior to issuance of the first certificate of occupancy within the Project, with City to fund the half -width of the improvements adjacent to the property to be retained by City, as illustrated in Exhibit B attached hereto. 6.3 Storm Water Maintenance Agreement. Developer shall enter into a Storm Water Maintenance Agreement (the "Storm Water Agreement") prior to recordation of the Final Map for the Project, to address long-term maintenance of on-site storm drainage and water quality features within the Project. The Storm Water Agreement shall be in a form approved by the City. 6.4 Public Park. (a) Developer shall dedicate to City fee title to the park area shown on the Tentative Map ("Park Area") on the Final Map. Developer, at its expense, shall cause all recorded and unrecorded monetary liens and all recorded and unrecorded non -monetary liens, encumbrances, easements, leases, covenants, conditions, restrictions, and other exceptions to or defects in title, excepting only the lien for current, non -delinquent property taxes, to be removed from title to the Park Area prior to recordation of the Final Map. The boundaries of the Park Area may be adjusted pursuant to lot line adjustments with the neighboring properties approved by the City. (b) Developer, at its expense, shall construct and thereafter dedicate to the City the public park improvements on the Park Area, as shown on the Project Approvals. Construction of the public park improvements shall be completed prior to the issuance of the first certificate of occupancy for the Residential Component. The total cost of the Park Area and park improvements shall equal approximately $788,000, but no greater than $813,000, with the Park Area valued at $583,673 per acre, as verified by the City with supporting documentation by Developer. In the event that the Buyer's total costs (including the valuation of the Park Area referred to above) are lower than $788,000, the difference between $788,000 and the actual costs shall be paid by Developer to City prior to the issuance of the first certificate of occupancy for the Project. OAK #4834-2306-3595 v11 13 6.5 Public Service Pam. (a) Developer shall make a public service payment to City to offset the projected fiscal deficit to City's General Fund created by the Residential Component and to comply with the General Plan policies and goals. The payment shall be equal to Eight Hundred Dollars ($800.00) per residential unit constructed on the Property, subject to annual adjustment based on the San Francisco Bay Area Consumer Price Index (the "Service Payment"). The obligation to make annual Service Payments shall be documented in an instrument to be recorded against the Property, as set forth in Section 6.5(c) below. (b) Developer shall pay to City each initial Service Payment at the time of issuance of a Building Permit for a residential unit within the Project. Thereafter, Developer or its successor shall pay an amount equal to the Service Payment, as adjusted pursuant to Section 6.5(a) above, for each residential unit for which a building permit has been issued, with such Service Payment due not later than April 30 of each year following the year of initial payment and continuing in perpetuity, provided that at least twelve (12) months have elapsed between the date of initial payment and the first subsequent payment. (c) Developer shall ensure the ongoing payment of the Service Payment to City by the establishment of service districts, property owner and homeowner associations, or other mechanisms, which shall be responsible for making the annual Service Payment. The Service Payment funding mechanism shall be subject to City approval, and all relevant documents, agreements, and, as applicable, property owner and homeowner association documents, including the conditions, covenants and restrictions, shall expressly provide language to that effect in addition to language that the City shall be a third party beneficiary with the right to independently enforce such association's obligations, which language shall be reviewed and approved by the City Attorney. The recorded instrument or financing mechanism must be in place or established to the satisfaction of City, in its sole discretion, prior to the issuance of the first Building Permit for the Residential Component. 6.6 Funding for Affordable Housing. Developer shall provide a total of $50,000.00 to City to assist in the creation of or preservation of affordable housing ("Affordable Housing Payment"). The Affordable Housing Payment shall be paid to City prior to issuance of the first Building Permit for the Project. 7. COOPERATION AND IMPLEMENTATION. 7.1 Subsequent Project Approvals. Developer and City acknowledge and agree that Developer intends to submit applications for Subsequent Project Approvals. In connection with any Subsequent Project Approval, the City shall exercise its discretion in accordance with Applicable Law and the Project Approvals and, as provided by this Agreement. 7.2 Processing_ Applications for Subsequent Project Approvals. (a) Developer acknowledges that City cannot begin processing applications for Subsequent Project Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its OAK #4834-2306-3595 v11 14 obligations hereunder; and (ii) cause Developer's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Project Approvals. (b) Upon submission by Developer of all appropriate applications and processing fees for any pending Subsequent Project Approval, City shall, as allowed by law, reasonably and diligently, subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer's currently pending Subsequent Project Approval applications. (c) With the Existing Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Applications for Subsequent Ministerial Approvals that are consistent with this Agreement and the Existing Project Approvals shall be processed and considered in a manner consistent with the vested rights granted by this Agreement and shall be deemed to be tools to implement those final policy decisions, and shall be approved by City so long as they are consistent with this Agreement and the Existing Project Approvals. While City expressly reserves its discretion with respect to all Subsequent Discretionary Approvals, City agrees that it shall not use its authority in considering any application for a Subsequent Discretionary Approval to change the policy decisions reflected by the Existing Project Approvals or otherwise to prevent or frustrate the further development of the Project as set forth in the Existing Project Approvals. (d) Nothing herein shall limit the ability of City to require the necessary environmental review, reports, analysis or studies to assist in determining that the requested Subsequent Ministerial Approval is consistent with this Agreement and the Existing Project Approvals. If the City determines that an application for a Subsequent Ministerial Approval is not consistent with this Agreement or the Existing Project Approvals and should be processed as an application for a Subsequent Discretionary Approval rather than a Subsequent Ministerial Approval, the City shall specify in writing the reasons for such determination and may propose a modification which would be processed as a Subsequent Ministerial Approval. Developer shall then either modify the application to conform to this Agreement and the Existing Project Approvals, as the case may be, or the City shall process the application as an application for a Subsequent Discretionary Approval. (e) City shall process Developer's applications for Subsequent Project Approvals to the fullest extent allowed by Applicable Law and Developer may proceed with Subsequent Project Approvals as provided for herein to the fullest extent allowed by Applicable Law. 7.3 Changes and Amendments to Project Approvals. (a) Given the long term build -out of the Project, the City and Developer acknowledge that modifications or amendments to the Project Approvals may be appropriate and mutually desirable. To the extent permitted by Applicable Law, any Project Approval may, from time to time, be amended or modified in the following manner: OAK #4834-2306-3595 v11 15 (i) Upon the written request of Developer for an amendment or modification to a Project Approval, the City Manager or the City Manager's designee shall determine: (A) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (B) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the City Manager finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the environmental review, the amendment shall be determined to be an "Administrative Project Amendment" and the City Manager may approve the Administrative Project Amendment consistent with City's procedures for such administrative actions, including any requirements for notice, public hearing and appeal rights. (ii) Any request of Developer for an amendment or modification to a Project Approval which is determined by the City Manager or his/her designee not to be an Administrative Project Amendment as set forth above shall be deemed a "Non -administrative Project Amendment" and shall be subject to review, consideration and action pursuant to the Project Approvals, Applicable Law and this Agreement, as applicable. (iii) Administrative Project Amendments shall not require an amendment to this Agreement. 7.4 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows: (a) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (a) the Term of this Agreement; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms restrictions or requirements for subsequent discretionary actions; (e) increases in the density or intensity of the use of the Property or the maximum height or size of proposed buildings; or (f) monetary contributions by Developer, shall be deemed an "Administrative Agreement Amendment" and the City Manager or his or her designee, except to the extent otherwise required by Applicable Law, may approve the Administrative Agreement Amendment without notice and public hearing. (b) Major Agreement Amendments. Any amendment to this Agreement which is determined not to be an Administrative Agreement Amendment as set forth above shall be deemed a "Major Agreement Amendment" and shall require giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager or his or her designee shall have the authority to determine if an amendment is a Major Agreement Amendment or an Administrative Agreement Amendment. 7.5 Mitigation Measures. Developer shall comply with all mitigation measures in the Stadium Area Master Plan Environmental Impact Report and Mitigation Monitoring and Reporting Plan (MMRP). Developer shall comply with all additional mitigation measures imposed as a result of the MND. Mitigation related to Greenhouse Gas emissions shall be provided, in part, through the purchase of GHG carbon offset credits as described in Section 5.7. OAK #4834-2306-3595 v11 16 7.6 Cooperation in the Event of Legal Challenge. (a) City and Developer, at Developer's sole cost and expense, shall cooperate in the event of any court action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, any Existing Project Approvals or any Subsequent Project Approvals and City shall appear in the action and defend its decision, except that City shall not be required to be an advocate for Developer. To the extent that Developer determines to contest or defend such litigation challenges, Developer shall reimburse City, within ten (10) days following City's written demand therefore, which may be made from time to time during the course of such litigation, all costs incurred by City in connection with the litigation challenge, including City's administrative, legal and court costs, provided that City, it its sole discretion shall determine to either: (a) elect to joint representation by Developer's counsel; or (b) retain an experienced litigation attorney. If Developer defends any such legal challenge, Developer shall indemnify, defend, and hold harmless City and its officials and employees from and against any claims, losses, or liabilities assessed or awarded against City by way of judgment, settlement, or stipulation. Nothing herein shall authorize Developer to settle such legal challenge on terms that would constitute an amendment or modification of this Agreement, any Existing Project Approvals or any Subsequent Project Approvals, unless such amendment or modification is approved by City in accordance with applicable legal requirements, and City reserves its full legislative discretion with respect thereto. (b) In addition, City shall have the right, but not the obligation, to contest or defend such litigation challenges, in the event that Developer elects not to do so. If City elects to contest or defend such litigation challenges, Developer shall bear all related costs and expenses, including City's attorney fees, and, in addition, shall indemnify, defend, and hold harmless City and its officials and employees from and against any claims, losses, or liabilities assessed or awarded against City by way of judgment, settlement, or stipulation. 7.7 Indemnity and Hold Harmless. Developer shall indemnify and hold City and its elected and appointed officers, agents, employees, and representatives harmless from and against any and all claims, costs, liabilities and damages (including attorneys' fees and costs), including without limitation bodily injury, death, or property damage, resulting directly or indirectly from the approval or implementation of this Agreement, the development and construction of the Project by or on behalf of Developer, or from any operations performed under this Agreement, whether such operations were performed by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such claims, costs and liabilities arise from the active negligence or willful misconduct of City, its elected and appointed officers, agents, employees, representatives, contactors or subcontractors. 8. DEFAULT AND REMEDIES. 8.1 Breach. Subject to extensions of time under this Agreement or by mutual consent in writing, the failure or delay by either Party to perform any term or provision of this Agreement or the Purchase Agreement shall constitute a breach of this Agreement. In the event of alleged breach of any terms or conditions of this Agreement or the Purchase Agreement, the Parry alleging such breach shall give the other Party notice in writing specifying the nature of the breach and the manner in which said breach or default may be satisfactorily cured, and the Party OAK #4834-2306-3595 v11 17 in breach shall have thirty (30) days following such notice ("Cure Period") to cure such breach, except that in the event of a breach of an obligation to make a payment, the Party in breach shall have ten (10) days to cure the breach. If the breach is of a type that cannot be cured within thirty (30) days, the breaching Party shall, within a thirty (30) day period following notice to the non - breaching Party, notify the non -breaching Party of the time it will take to cure such breach which shall be a reasonable period under the circumstances ("Extended Cure Period"); commence to cure such breach; and be proceeding diligently to cure such breach. During the Cure Period or Extended Cure Period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings; but the City's right to refuse to issue a permit or Subsequent Project Approval, under Section 7.3, shall not be limited by this provision. The failure of any Parry to give notice of any breach shall not be deemed to be a waiver of that Party's right to allege any other breach at any other time. The terms of this Agreement do not limit the City's rights under the Purchase Agreement. 8.2 Default. If the breaching Party has not cured such breach within the Cure Period or the Extended Cure Period, if any, such Party shall be in default ("Default"), and the non - breaching Party, at its option, may terminate the Agreement, institute legal proceedings pursuant to this Agreement and shall have such remedies as are set forth in Section 8.4 below. 8.3 Withholding of Permits. In the event of a Default by Developer, City shall have the right to refuse to issue any permits or other approvals to which Developer would otherwise have been entitled pursuant to this Agreement. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals. 8.4 Remedies. (a) In the event of a Default by City or Developer, the non -defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code Section 65868 and regulations of City implementing such section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code Section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, either Party alleging Default by the other Party may give written notice of termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 7.8(c) below. (b) City and Developer agree that in the event of Default by City, the Parties intend that the only remedy shall be declaratory relief or specific performance of this Agreement. The Parties further agree that in the event of Default by Developer, the City's primary remedy would be specific performance of the terms and provisions of this Agreement. In no event shall either Party be entitled to any actual, consequential, punitive, or special damages. If City issues an Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, City shall be entitled to specific performance for the purpose of causing Developer to satisfy such condition. (c) In addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to OAK #4834-2306-3595 v11 18 enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with the purpose of this Agreement except as limited by Section 7.4(b) above. Any such legal action shall be brought in the Superior Court for Sonoma County, California. 8.5 Periodic Review. (a) The annual review date for this Agreement shall be the month and day of the Effective Date. No later than 60 calendar days prior to the annual review date, Developer shall submit to the City an accounting of the fees due and paid to the City, any assignments or transfers of the Property and all construction of public improvements under this Agreement. Developer shall initiate the annual review by submitting a written request to the Planning Director. Developer shall submit an application and pay all legally required fees as required by the City, and provide evidence as determined necessary by the Director to demonstrate good faith compliance with the provisions of this Agreement. However, failure to initiate the annual review within 30 days of receipt of written notice to do so from City shall not constitute a Default by Developer under this Agreement, unless City has provided actual notice and opportunity to cure and Developer has failed to so cure. (b) The annual review required by Government Code section 65865.1 and the City Municipal Code shall be conducted as provided herein: (i) The City Manager shall review Developer's submission to ascertain whether Developer has complied in good faith with the terms of this Agreement. If the City Manager finds good faith compliance by Developer with the terms of this Agreement, the City Manager shall so notify Developer and the City Council in writing and the review for that period shall be concluded. If the City Manager finds good faith compliance with this Agreement, the notification to the City Council shall not require a hearing of any kind or an appearance from Developer. If the City Manager is not satisfied that the Developer is performing in accordance with the material terms and conditions of this Agreement, the City Manager shall refer the matter to the City Council for a determination as to compliance with this Agreement and notify Developer in writing at least ten days in advance of the time at which the matter will be considered by the City Council. (ii) In the event that the City Manager is not satisfied pursuant to section (b)(i) above, the City Council shall conduct a hearing at which Developer must submit evidence that it has complied in good faith with the terms and conditions of this Agreement. The findings of the City Council on whether Developer has complied with this Agreement for the period under review shall be based upon substantial evidence in the record. If the City Council determines that, based upon substantial evidence, Developer has complied in good faith with the terms and conditions of this Agreement, the review for that period shall be concluded. If, however, the City Council determines, based upon substantial evidence in the record, that there are significant questions as to whether Developer has complied in good faith with the terms and conditions of this Agreement, the City Council may continue the hearing and shall notify Developer of the City's intent to meet and confer with Developer within 30 days of such determination, prior to taking further action. Following the 30 -day time period, the City Council shall resume the hearing in order to further consider the matter and to make a determination, regarding Developer's good faith compliance with the terms and conditions of the Agreement OAK #4834-2306-3595 v11 19 and to take those actions it deems appropriate, including but not limited to, termination of this Agreement, in accordance with California Government Code section 65865.1 and the City Municipal Code. (c) Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. (d) If, after an annual review, City finds Developer has complied in good faith with this Agreement, City shall promptly following Developer's request issue to Developer a certificate of compliance certifying that Developer has so complied through the period of the applicable annual review. The Certificate of Compliance must be in recordable form and must contain such information as may be necessary to impart constructive notice of City's finding. Developer may record the Certificate of Compliance in the Official Records of the County of Contra Costa. 8.6 Enforced Delay; Extension of Time of Performance. Subject to the limitations set forth below, performance by either parry hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other Party; or acts or failures to act of any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause but in any event shall not exceed a cumulative total of two (2) years. Developer acknowledges that adverse changes in economic conditions, either of Developer specifically or the economy generally, changes in market conditions or demand, and/or inability to obtain financing or other lack of funding to complete the work of on-site and off-site improvements shall not constitute grounds of enforced delay pursuant to this Section. Developer expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date. 8.7 Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement, the Purchase Agreement, or Applicable Law, Developer shall, at City's request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. Nothing in this Section shall in any way be interpreted as requiring that Developer and City and/or City's designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings. 8.8 Termination. This Agreement shall terminate upon the earlier of (i) expiration of the Term, or (ii) when the Property has been fully developed and all of Developer's obligations have been fully satisfied as reasonably determined by City, or (iii) after all appeals have been exhausted before a final court of judgment, or issuance of a final court order directed to the City OAK #4834-2306-3595 v11 20 to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part thereof. Upon termination of this Agreement as to all of the Property, at the request of Developer, the City shall record a Notice of Termination for each affected parcel in a form satisfactory to the City Attorney in the Office of the Sonoma County Recorder. In the event this Agreement is terminated, neither party shall have any further rights or obligations hereunder, except for those obligations of Developer set forth in Sections 4.2 (Prevailing Wage), 7.5 (Cooperation in the Event of Legal Challenge), and 7.6 (Indemnity and Hold Harmless). 9. MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 9.1 Mortgagee Protection. This Agreement shall be superior and senior to all liens placed upon the Property or any portion thereof after the date on which this Agreement or a memorandum thereof is recorded, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees ("Mortgagees") who acquire title to the Property or any portion thereof by foreclosure, trustee's sale, deed in -lieu -of foreclosure, voluntary transfer or otherwise. 9.2 Mortgzaizee Obligations. _ City, upon receipt of a written request from a foreclosing Mortgagee, shall permit the Mortgagee to succeed to the rights and obligations of Developer under this Agreement and the Purchase Agreement, provided that all defaults by Developer hereunder that are reasonably susceptible of being cured are cured by the Mortgagee as soon as reasonably possible, provided, however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by such Mortgagee. The foreclosing Mortgagee shall have the right to find a substitute developer to assume the obligations of Developer, which substitute shall be considered for approval by the City pursuant this Agreement. In any event, a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with the Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by the Agreement or the Project Approvals. 9.3 Notice of Default to Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default given to Developer and specifying the address for service thereof, City shall endeavor to deliver to the Mortgagee, concurrently with service thereof to Developer, all notices given to Developer describing all claims by the City that Developer has defaulted hereunder. If City determines that Developer is not in compliance with this Agreement, City also shall endeavor to serve notice of noncompliance on the Mortgagee concurrently with service on Developer. Each Mortgagee shall have the right, but not the obligation, during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the condition of default claimed or the areas of noncompliance set forth in City's notice. OAK #4834-2306-3595 v11 21 10. ASSIGNABILITY. 10.1 Assignment by Developer. Developer may not convey, assign or transfer ("Transfer") any of its interests, rights or obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld or delayed. Any Transfer of all or a portion of this Agreement shall be documented by an Assignment and Assumption Agreement in a form reasonably acceptable to the City. In no event shall the obligations conferred upon Developer under this Agreement be transferred except through a transfer of all or a portion of the Property. Should Developer transfer any of its interests, rights or obligations under this Agreement in connection with a transfer by Developer of a portion of the Property (such Transfer, a "Partial Assignment"), such Partial Assignment shall be documented by an Assignment and Assumption Agreement in the form attached hereto as Exhibit C or such other form reasonably acceptable to the City. To the extent provided in the Assignment and Assumption Agreement, the transferee of such interests, rights or obligations under this Agreement (each, a "Partial Transferee") shall only be liable for performance of the obligations of Developer under this Agreement (including, without limitation, indemnification obligations and the obligation to install public improvements and pay fees) related to the portion of the Property transferred to such Partial Transferee, and no Default by Developer or any other assignee who received a Partial Assignment hereunder shall constitute an event of Default hereunder by such Partial Transferee. Should Developer transfer any of its interests, rights or obligations under this Agreement, it shall nonetheless remain liable for performance of the obligations for installation of public improvements and payment of fees, unless the transferee agrees to be bound by the relevant terms of the Agreement, including the obligations for installation of public improvements and payment of fees. During the Term, Developer shall provide City with written notice of a request to Transfer any interest in this Agreement 90 days prior to any such contemplated Transfer. Any such request for a Transfer shall be accompanied by quantitative and qualitative information that substantiates, to the City's satisfaction, that the proposed transferee has the capability to fulfill the rights and obligations of this Agreement. Within 45 days of such a request and delivery of information, the City Manager shall make a determination, in his or her sole discretion, as to whether the Transfer shall be permitted or whether such Transfer necessitates an Amendment to this Agreement, subject to approval by the City Council. Each successor in interest to Developer shall be bound by all of the terms and provisions applicable to the portion of the Property acquired. This Agreement shall be binding upon and inure to the benefit of the Parties' successors, assigns and legal representatives. This Agreement shall be recorded by the City in the Sonoma County Recorder's Office promptly upon execution by each of the Parties. 10.2 Covenants Run With The Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement and the Purchase Agreement incorporated herein by reference shall run with the land and shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof and any interest therein, whether by sale, operation of law or other manner, and shall inure to the benefit of the Parties and their respective successors. OAK #4834-2306-3595 v11 22 10.3 Pre -Approved Transfers. The following transfers shall not require approval by the City, and shall automatically, upon the satisfaction of the conditions in Section 9.1 above, result in the release of Developer of its obligations hereunder as they may relate specifically to the specific property or asset sold or transferred: (a) prior to the issuance of any Building Permits, sale or lease of the Property in its entirety to any corporation, limited liability company, partnership or other entity which is controlling of, controlled by or under common control with Developer and "control" for purposes of this definition means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other members of such entity; and (b) a loan or mortgage pertaining to the Property. 10.4 Non -Assuming Transferees. Except as otherwise required by a transferor, the burdens, obligations and duties of such transferor under this Agreement shall not apply to any purchaser of any individual house offered for sale. The transferee in a transaction described above and the successors and assigns of such a transferee shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term hereof. Nothing in this Section shall exempt any property transferred to a non -assuming transferee from payment of applicable fees, taxes and assessments or compliance with applicable conditions of approval. 10.5 Foreclosure. Nothing contained in this Section shall prevent a transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of foreclosure, and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Developer under this Agreement; provided, however, in no event shall such lender be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title to the Property by such lender, and provided further, in no event shall any such lender or its successors or assigns be entitled to a Building Permit or occupancy certificate until all fees due under this Agreement (relating to the portion of the Property acquired by such lender) have been paid to City. 11. GENERAL. 11.1 Controlling Law. This Agreement shall be governed by the laws of the State of California, without reference to choice of laws principles. 11.2 Construction of Agreement. The language in this Agreement in all cases shall be construed as a whole and in accordance with its fair meaning. Each reference in this Agreement to this Agreement or any of the Existing Project Approvals or Subsequent Ministerial or Discretionary Approvals shall be deemed to refer to the Agreement, Project Approval or Subsequent Ministerial or Discretionary Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. 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 of this Agreement. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. Unless the context clearly requires otherwise, (i) the plural and singular numbers shall each be deemed to include the other; (ii) the masculine, feminine, and OAK #4834-2306-3595 vl 1 23 neuter genders shall each be deemed to include the others; (iii) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (iv) "or" is not exclusive; (v) "include," "includes" and "including" are not limiting and shall be construed as if followed by the words "without limitation," and (vi) "days" means calendar days unless specifically provided otherwise. 11.3 No Waiver. No delay or omission by the City or Developer in exercising any right or power accruing upon the other Party's noncompliance or failure to perform under the provisions of this Agreement shall impair or be construed to waive any right or power. A waiver by City or Developer of any of the covenants or conditions to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants and conditions. 11.4 Agreement is Entire Agreement. This Agreement and all exhibits attached hereto or documents incorporated herein by reference, including without limitation the Purchase Agreement, are the sole and entire agreement between the Parties concerning the Property. In the event of a conflict between this Agreement and the Purchase Agreement, the terms of this Agreement shall prevail. The Parties acknowledge and agree that they have not made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery, except representations set forth herein, and each Party acknowledges that it has relied on its own judgment in entering this Agreement. The Parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings with the other. 11.5 Estoppel Certificate. City or Developer from time to time may deliver written notice to the other Parry requesting written certification that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications, and, (iii) the requesting Party does not have knowledge of default in the performance of its obligations under this Agreement, or if in known default, describing therein the nature and monetary amount, if any, of the default. 11.6 Further Documents. Each Party shall execute and deliver to the other all other instruments and documents as may be reasonably necessary to carry out this Agreement. 11.7 Time of Essence. Time is of the essence in the performance of each and every covenant and obligation to be performed by the Parties hereunder. 11.8 Construction. This Agreement has been reviewed and revised by legal counsel for both the City and Developer and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 11.9 Notices. Except as otherwise expressly provided herein, all notices and demands pursuant to this Agreement shall be in writing and delivered in person, by commercial courier or by first-class certified mail, postage prepaid. Except as otherwise expressly provided herein, notices shall be considered delivered when personally served, upon delivery if delivered by OAK #4834-2306-3595 v11 24 commercial courier, or two (2) days after mailing if sent by mail. Notices shall be sent to the addresses below for the respective Parties; provided, however, that any Party may change its address for purposes of this Section by giving written notice to the other Parties. These addresses may be used for service of process: City: City Clerk City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 with copy to: Michelle Marchetta Kenyon City Attorney City of Rohnert Park 1901 Harrison Street, 9th Floor Oakland, California 94612 Developer: Stadium RP Development Partners, LLC c/o MJW Investments, LLC 1278 Glenneyre Street, Suite 439 Laguna Beach, CA 92651 Attention: Matthew J. Waken with copy to: Palmieri, Tyler, Weiner, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 Irvine, California 92614 Attention: Stephen A. Scheck The provisions of this Section shall be deemed directive only and shall not detract from the validity of any notice given in a manner that would be legally effective in the absence of this Section. 11.10 Developer is an Independent Contractor. Developer is not an agent or employee of City, but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed or utilized by Developer in connection with this Agreement are employees or contractors of Developer and shall not be considered employees of City in any respect. 11.11 No Joint Venture. It is specifically understood and agreed that the Project is a private development. No partnership, joint venture or other association of any kind between City and Developer is formed by this Agreement. 11.12 Nondiscrimination. Developer shall not discriminate, in any way, against any person on the basis of race, color, national origin, gender, marital status, sexual orientation, age, creed, religion or disability in connection with or related to the performance of this Agreement. OAK #4834-2306-3595 v11 25 11. 13 No Third Party Beneficiary. This Agreement shall not be construed or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK] OAK #4834-2306-3595 v11 26 IN WITNESS WHEREOF, this Agreement has been entered into by and between the Parties as of the Effective Date. CITY: City of Rohnert Park, a California municipal corporation Darrin W. Jenkins City Manager APPROVED AS TO FORM: By: Michelle Marchetta Kenyon City Attorney ATTEST: By: JoAnne Buergler City Clerk DEVELOPER: Stadium RP Development Partners, LLC, a California limited liability company By: Name OAK #4834-2306-3595 v11 27 Matthew J. Waken, Manager EXHIBIT A LEGAL DESCRIPTION EXHIBIT A OUSIO s PAW CII AvENuE 7 AYE 589'43'r O"W 344.65' 6-39,1310, SR� L=21.90'a l .14 N45'd8'25"W °9r Ra Pwlhc 1488.14 R=184.40' 16.22' r W "� S44`4l'09'W dF39 r3'rd" I 1 24.44' L-115.68' LOCA MM W I NO SCALE z I i.IF OiY 7 PAoar W AFW 143-04o-124 $1 iYdOf-179731 DDC Nouj R=a34.od' 8 � R18'4500'� 1 L=76.58' 1 ` Sl 8'45'00"E \., p y, !) 65.29' m I a R-25.00' 1 =2756.00' X07'40'14" R=608.00' b --94V340..— I L=a1,26' L-36.15' �03'23'Ol` S14 -10'59'E -- Amy L=47.72' 1 BB.pO. 1 1 583^44r}�• t �� 44'1- Ra83+.pO'20Y1 242.69' _ L�291.54' - - . MAR�tl - ... '�/ R=792.00' OF r 5`,W31" S00107'14'E L=216.68' 26.15' .rvY I49 -0e0-120 CITY PARCEL AOr 145-040-124 HIAIE9'AUGH CREEK 0 200 B AW OF BEARNIGB BEING SOUTH 8934'00' EAST BETWEEN FOUND r BRASS DISKS IN MONUMENT WELLS ALONG BUSINESS PARK DRIVE SCALE: 1" — 2QU' MARKING THE EASTERLY END OF A 250' RADIUS CURW AND THE CENTERLINE INTERSECTION WITH REDWOOD DRIVE THIS EXHIBIT IS FAR GRAPHIC AS SHOWN ON THE MAP ENTITLED ROHNERT BUSINESS PURPOSES ONLY. ANY ERRORS OY PARK SUBDIVISION, FILED FOR RECORD IN BOOK 375 OF OMISSIONS SHALL NOT AFFECT THE MAPS, PAGES 10 AND 11 SONOMA COUNTY RECORDS. DEED DESCRIPT*N- OWNER AND MAILING ADDRESS PROPERTY ACOUI5ITION CITY OF ROHNERT PARK CITY OF ROHNERT PARK CITY OF ROHNERT PARK 6750 COMMERCE BLVD. 12.32 ACRES TO ROHNERT PARR, CA 94928 707 588-223+ MJW INVESTMENTS, LLC A.P. No. 145-0451-124 PROPERTY ACQUISITION DEED SCALE: 1'-200' DATE. 11-15-16 ow zm � cC Q DOC. NO. 2001-173231 001.. N0. OAK #4834-2306-3595 vl l HOTEL PARCEL 3 EXHIBIT B DEPICTION OF MARTIN AVENUE IMPROVEMENTS EXHIBIT 3-2 ATTACHMENT 1 13' 8' 5.5' 0.54' T T P SW 2X r AC .................... '-CURB & FALL Ct 7 A? AWAY GUTTER CURB & GUTTERS MARTIN AVENUE PER CITY STD PRIVATE STREET SECTION ALONG CITY -PARCEL 5 FRONTAGE NO SCALE RESIDENTIAL - PARCEL 2 LEGEND i RETAIL - PARCEL 4 L - PARCEL 3 1 4.5' 'I TY LAN;:`_ PARCEL E MS. PORTION OF MARTIN AVE. F _j TO BE REIMBURSED BY CITY 5 200 Stir FORMPORTION OF MARTIN AVE. TO BE FUNDED SOLELY BY DEVELOPER SCALE- V - 200' NOVEVEER 2015 OAK #4834-2306-3595 vl l ' CITY - PARCEL 5 r PORTION OF -PORTION OF MARTIN AVE. MARTIN AVE. TO BE FUNDED SOLELY TO BE REIMBURSED BY DEVELOPER BY CITY PLAN SCALE: I' -20V PORTION OF MARTIN AVE. F _j TO BE REIMBURSED BY CITY 5 200 Stir FORMPORTION OF MARTIN AVE. TO BE FUNDED SOLELY BY DEVELOPER SCALE- V - 200' NOVEVEER 2015 OAK #4834-2306-3595 vl l EXHIBIT C PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: (Space Above For Recorder's Use) PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT OF CITY THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT OF CITY (this "Assignment") is made effective as of , 20 (the "Effective Date"), by and between STADIUM RP DEVELOPMENT PARTNERS, LLC, a California limited liability company ("Assignor") and ,a ("Assignee"), with reference to the following: RECITALS A. That certain real property described in Exhibit A, attached hereto and incorporated herein by reference, (the "Property"), is subject to that certain development agreement entered by and between the City and Assignor, which was approved pursuant to Ordinance No. and recorded in the Official Records as Document No. (the "Development Agreement"). B. Assignor has now entered into an with Assignee, dated as of (the "Purchase Agreement"), pursuant to which, among other things, Assignor has agreed to transfer and convey to Assignee all of Assignor's rights in and to the portion of the Property described in Exhibit B attached hereto (the "Assigned Property"), and cause Assignor to assign to Assignee certain rights, title and interest in and to the Development Agreement to the extent relating to the Property, as described below. Development of on the Assigned Property in accordance with the Development Agreement and entitlements referred to therein is referred to herein as the "Project." That portion of the Property that is not the Assigned Property or has been otherwise assigned by Assignor in accordance with the Development Agreement is referred to herein as the "Remaining Property." OAK #4834-2306-3595 v1 l NOW, THEREFORE, Assignor and Assignee agree as follows: 1. Assi _amnent. For and in consideration of the mutual covenants and agreements contained in this Assignment, and other good and valuable consideration, the receipt and adequacy of which is acknowledged, Assignor assigns to Assignee only the following rights and obligations (referred to herein as the "Assigned Rights and Obligations") as these pertain to the Assigned Property: (a) [insert applicable sections of the DA].; and (b) [insert applicable sections of the DA], as to the Assigned Property_. Assignee hereby acknowledges that the Assigned Rights and Obligations are subject to the timing and phasing of the development of the Property as set forth in the Development Agreement. 2. Remaining Obligations. Assignor acknowledges and agrees that it remains subject to all rights and obligations set forth in the Development Agreement, except the Assigned Rights and Obligations expressly set forth in Section 1 above (the "Remaining Rights and Obligations"). The Remaining Rights and Obligations include without limitation the following: (a) Sections [insert applicable sections of the DA]; and (b) Sections [insert applicable sections of the DA], as to the Remaining Property. 3. Acceptance and Assumption. Assignee hereby accepts the assignment of the Assigned Rights and Obligations from Assignor, and assumes and agrees to perform all of the Assigned Rights and Obligations. 4. Further Assurances. Assignor hereby covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Assignee, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Assignee or its nominees, successors and/or assigns may request in order to fully transfer possession and control of, and protect the rights of Assignee and its successors and/or assigns in, all the rights, benefits and privileges intended to be transferred and assigned hereby. Assignee hereby covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Assignor, its nominees, successors and/or assigns, any new or confirmatory instruments and do and perform any other acts which Assignor or its nominees, successors and/or assigns may request in order to fully confirm and vest in Assignor and its successors and/or assigns in, all the obligations, rights, benefits and privileges intended to be transferred by the acceptance and assumption herein. 5. Successors. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. OAK #4834-2306-3595 vl l 7. Amendment. This Assignment may only be amended or modified by a written instrument executed by all of the parties hereto with the prior written consent of the City of Rohnert Park. 8. Governing Law. The validity, interpretation and performance of this Assignment shall be controlled by and construed under the laws of the State of California. 9. Attorneys' Fees. Should any dispute arise between the parties hereto or their legal representatives, successors or assigns concerning any provision of this Assignment or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to receive from the other party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in connection with such dispute. 10. Entire Agreement. This Assignment, together with the Purchase Agreement, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes all prior understandings or agreements. In the event of any conflict between this Assignment and the Purchase Agreement, the terms of the Purchase Agreement shall govern and control. 11. Severability. If any term, covenant, condition or provision of this Assignment, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or otherwise by law rendered invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Assignment, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 12. Notices. All notices shall be in writing, and shall be given in the manner prescribed by Section 11.9 of the Development Agreement. Pursuant to Section 11.9 of the Development Agreement, the address for Assignee is: [to be inserted] 14. Authori1y. Each individual executing this Assignment on behalf of a corporation or other legal entity represents and warrants that: (a) he or she is duly authorized to execute and deliver this Assignment on behalf of said corporation or other legal entity in accordance with and without violating the provisions of its governing documents, and (b) this Assignment is binding upon and enforceable against said corporation or other legal entity in accordance with its terms. Any entity signing this Assignment on behalf of a corporation or other legal entity hereby represents and warrants in its own capacity that it has full authority to do so on behalf of the corporation or other legal entity. IN WITNESS WHEREOF, the parties have entered into this Assignment as of the Effective Date. OAK #4834-2306-3595 v1 l ASSIGNOR: STADIUM RP DEVELOPMENT PARTNERS, LLC, a California limited liability company By: Name: Matthew J. Waken Its: Manager ASSIGNEE: a By:_ Name: Its: CONSENT OF CITY The City hereby consents to the foregoing Partial Assignment and Assumption of Development Agreement, pursuant to Section 10.1 of the Development Agreement. CITY: City of Rohnert Park, a municipal corporation By: City Manager Approved as to Form: By: City Attorney Attest: By: City Clerk OAK #4834-2306-3595 v1 l [The applicable Exhibit A and B will be inserted into execution version] OAK #4834-2306-3595 vl l Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 7E 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 January 24, 2017 Development Services Mary Grace Pawson, Director of Development Services Mary Grace Pawson, Director of Development Services Authorizing the City Manager to Execute an Acknowledgement of Expiration and Termination of Development Agreement with KSL Rohnert Park II, LP RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute an Acknowledgement of Expiration and Termination of Development Agreement with KSL Rohnert Park II, LP. BACKGROUND and ANALYSIS: On December 3, 2003, the City entered into a Development Agreement with KSL Rohnert Park II, LP (developer), which governed the development of the Oakview Apartment Complex and an adjoining parcel. During the term of the Development Agreement, the Developer constructed the Oakview Apartment Complex but the adjoining property was not developed. The Development Agreement had a ten year term and has expired. At this point in time, the developer is in the process of seeking approval to develop the adjoining property and has requested that the City execute an "Acknowledgement of Expiration and Termination of the Development Agreement" in order to clear the title on the property. Staff recommends this action because it has no impact on the City and will help the developer by clearing title to the property. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The recommended action formalizes the fact that the Development Agreement between the City and KSL Rohnert Park II, LP has expired. FISCAL IMPACT/FUNDING SOURCE: This action has no fiscal impact. Department Head Approval Date: 12/29/2016 Finance Director Approval Date: NA City Attorney Approval Date: 01/05/2017 City Manager Approval Date: 01/06/2017 Attachments (list in packet assembly order): 1. Acknowledgement of Expiration and Termination of Development Agreement Attachment 1 RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) City of Rohnert Park ) 130 Avram Avenue ) Rohnert Park, 94928-2486 ) Attn: City Clerk ) Space above this line for Recorder's Use Exempt from recording fee per Government Code Section 27383 ACKNOWLEDGMENT OF EXPIRATION AND TERMINATION OF DEVELOPMENT AGREEMENT This ACKNOWLEDGMENT OF EXPIRATION AND TERMINATION OF DEVELOPMENT AGREEMENT ("Acknowledgement") is made and effective as of the date of recordation hereof ("Effective Date") by and between the City of Rohnert Park and KSL Rohnert Park II, LP, a California limited partnership and hereby confirms that the Development Agreement ("Development Agreement") recorded on December 3, 2003, Recording No. 2003- 248857, for the vacant land located in Rohnert Park, California, and more particularly described in Exhibit "A", expired and is hereby formally terminated. City of Rohnert Park hereby acknowledges and confirms that KSL Rohnert Park II, LPC has either fully performed all its obligations and duties under the Development Agreement or such obligations and duties were waived. IN WITNESS WHEREOF, the parties have executed this Acknowledgment on the 24th day of January, 2017. CITY OF ROHNERT PARK, a municipal corporation By: Darrin Jenkins, City Manager Per Minute Order Adopted January 24, 2017 KSL ROHNERT PARK II, LP, a California limited partnership By: KSL CAL GP, LLC a California limited liability company By: Mitch J. Ritschel, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documents to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ss. COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documents to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ss. COUNTY OF On , 20 , before me, , Notary Public, personally appeared Mitch J. Ritschel, 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 2016-3645.01-ycic383 EXHIBIT "A" Legal Description For APN/Parcel ID: 159-460-026-000 and 159-460-027-000 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: TRACT ONE: PARCEL ONE: PARCEL 2, AS SHOWN AND DESIGNATED ON PARCEL MAP NO. 172, FILED IN THE OFFICE OF THE SONOMA COUNTY RECORDER ON APRIL 23, 2003, IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL TWO: A 10 FOOT PRIVATE SANITARY SEWER EASEMENT OVER THAT PORTION OF PARCEL 1, SHOWN AND DESIGNATED AS A 10 FOOT PRIVATE SANITARY SEWER EASEMENT IN FAVOR OF PARCEL 2, UPON PARCEL MAP NO. 172, FILED APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. A 40 FOOT PRIVATE WATER, SANITARY SEWER, AND STORM DRAIN EASEMENT AND AN 80 FOOT PRIVATE WATER, SANITARY SEWER AND STORM DRAIN EASEMENT OVER THOSE PORTIONS OF PARCEL 1, SHOWN AND DESIGNATED AS 40 FOOT AND 80 FOOT PRIVATE WATER, SANITARY SEWER AND STORM DRAIN EASEMENTS IN FAVOR OF PARCEL 2, UPON PARCEL MAP NO. 172, FILED APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL FOUR: A PRIVATE STORM DRAIN EASEMENT OVER THAT PORTION OF PARCEL 1, SHOWN AND DESIGNATED AS A PRIVATE STORM DRAIN EASEMENT IN FAVOR OF PARCEL 2, UPON PARCEL MAP NO. 172, FILED IN THE OFFICE OF THE SONOMA COUNTY RECORDER ON APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL FIVE: UTILITY, INGRESS AND EGRESS EASEMENTS OVER THOSE PORTIONS OF PARCEL 1, SHOWN AND DESIGNATED AS UTILITY, INGRESS AND EGRESS EASEMENTS IN FAVOR OF PARCELS 2 AND 3, UPON PARCEL MAP NO. 172, FILED APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL SIX: EASEMENTS AND INCIDENTAL PURPOSES THERETO AS SET FORTH IN A RECIPROCAL EASEMENT AGREEMENT AND AGREEMENT CREATING COVENANTS RUNNING WITH THE LAND, RECORDED DECEMBER 3, 2003 AS DOCUMENT NO. 2003-248855, OFFICIAL RECORDS, AND AMENDED SEPTEMBER 29, 2011, INSTRUMENT NO. 2011083384, OFFICIAL RECORDS. APN: 159-460-026-000 TRACT TWO: PARCEL ONE: PARCEL 3, AS SHOWN AND DESIGNATED ON PARCEL MAP NO. 172, FILED IN THE OFFICE OF THE SONOMA COUNTY RECORDER ON APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL TWO: UTILITY, INGRESS AND EGRESS EASEMENTS OVER THOSE PORTIONS OF PARCEL 1, SHOWN AND DESIGNATED AS UTILITY, INGRESS AND EGRESS EASEMENTS IN FAVOR OF PARCELS 2 AND 3, UPON PARCEL MAP NO. 172, FILED APRIL 23, 2003 IN BOOK 647 OF MAPS, AT PAGES 18 AND 19, SONOMA COUNTY RECORDS. PARCEL THREE: EASEMENTS AND INCIDENTAL PURPOSES THERETO AS SET FORTH IN A RECIPROCAL EASEMENT AGREEMENT AND AGREEMENT CREATING COVENANTS RUNNING WITH THE LAND RECORDED DECEMBER 3, 2003 AS DOCUMENT NO. 2003-248855, OFFICIAL RECORDS, AND AMENDED SEPTEMBER 29, 2011, INSTRUMENT NO. 2011083384, OFFICIAL RECORDS. APN: 159-460-027-000 �LpyiNERT pARg ITEM NO. 7F .� 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: January 24, 2017 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Terrie Zwillinger, Project Coordinator Agenda Title: Authorize the City Manager to Execute the Second Amendment to Design Professional Services Agreement with STRATA ap, Inc. for City Buildings Roof Replacement Projects RECOMMENDED ACTION: Authorize the City Manager to execute the Second Amendment to the Design Professional Services Agreement with STRATA ap, Inc. for the City Buildings Roof Replacement Project. BACKGROUND: On June 14, 2016, the City entered into a Design Professional Services Agreement with STRATA ap, Inc. for the design of the following four roof replacement projects: • Community Center Roof Replacement Project No. 2015-06, • Performing Arts Center Roof Replacement Project No. 2015-08, • Senior Center Roof Replacement Project No. 2014-05, and • Animal Shelter Roof Replacement Project No. 2015-22. In addition to roof replacement projects, both the Senior Center and Animal Shelter buildings have been identified in the CIP budget to receive heating, ventilation and air conditioning (HVAC) replacements (Project No. 2017-03 and 2016-12). ANALYSIS: The HVAC units for the Senior Center and Animal Shelter are located on the building rooftops, and replacing the HVAC units will require some roof modifications (including replacing the roofing material under the units). Therefore, staff recommends combining the roof replacement and HVAC replacement projects for these facilities under one construction contract. This would allow one contractor to direct both projects, reducing the need for coordination between two projects. Furthermore, the facilities would only be impacted once, as opposed to having two separate construction projects that could potentially disturb patrons and staff. STRATA has a mechanical sub -consultant on their team who has experience with HVAC replacement projects. They are also familiar with the City's design standards and they already have information on the Senior Center and Animal Shelter building dimensions, plans and profiles. Therefore, staff has determined that it would be more efficient to add the design of the HVAC projects to STRATA's current Design Agreement for roof replacement, rather than hire a 1 ITEM NO. 7F separate consultant to design the HVAC roof interface. The additional projects to be added to the Design Agreement are as follows: • Design of Senior Center HVAC Replacement Project No. 2017-03; Design fee $17,490 • Design of Animal Shelter HVAC Replacement Project No. 2016-12; Design fee $8,250 STRATEGIC PLAN ALIGNMENT: This item supports the Strategic Plan Item D2 by improving infrastructure. OPTIONS CONSIDERED: Staff recommends amending the Design Services Agreement with STRATA ap, Inc. for the City Buildings Roof Replacement Project to include the design of the Senior Center and Animal Shelter HVAC replacement projects in an amount not to exceed $25,740. Staff recommends this option. 2. Staff could advertise the design of the two HVAC replacement projects; however, they would still need to coordinate with the current roof design consultant (STRATA) in order to combine the projects with the roof replacement projects. This would add cost, money and potential for conflicting information in the two sets of technical specifications. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The two projects are currently funded as follows: Project Name Available Budget Design Fee Remaining Budget (HVAC Replacement) for Construction Senior Center Project Excess Bond Funds No. 2017-03 $91,590 $17,490 $74,100 Animal Shelter Project Excess Bond Funds No. 2016-12 $75,000 $8,250 $66,750 Total $25,740 *Note: The Senior Center HVAC Replacement Project was originally proposed in the 2007R BOND Proceeds list as a priority project to be potentially funded in the FY 17/18 budget. Due to the need for an emergency replacement of one of the units in July 2016 for $8,410, and the need to replace the remaining units, Council appropriated $100,000 to FY 2016/17. The total not -to -exceed amount of the STRATA Consultant Services Agreement for design of the two HVAC replacement projects would be $25,740; however the costs for the individual projects will be broken out and tracked by project account code. Department Head Approval Date: 1/9/2017 J. McArthur Finance Director Approval Date: 1/10/2017 B. Howze City Attorney Approval Date: N/A City Manager Approval Date: 1/17/17 D. Jenkins Attachments (list in packet assembly order): 1. Second Amendment to the Design Professional Services Agreement with STRATA ap, Inc. 2 SECOND AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH STRATA ap, INC. FOR ADDITIONAL SERVICES TO THE CITY BUILDINGS ROOF REPLACEMENT PROJECTS This First Amendment to the Design Professional Services Agreement between the City of Rohnert Park ("City") and STRATA ap, Inc. ("Consultant") for additional services ("First Amendment") is entered into as of the day of , 2017, ("Effective Date"), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled "Design Professional Services Agreement" dated June 14, 2016, and authorized through Minute Order of the June 14, 2016 City Council Meeting, for the total amount of $102,109, broken down by project, as follows: • Performing Arts Center Roof Replacement Project No. 2015-08: Nineteen thousand, six hundred fifty Dollars ($19,650) • Community Center Roof Replacement Project No. 2015-06: Twenty-one thousand, two hundred twenty Dollars ($21,220) • Senior Center Roof Replacement Project No. 2014-05: Twenty-seven thousand, three hundred Dollars ($27,300) • Animal Shelter Roof Replacement Project No. 2015-22: Thirty-four thousand, twenty Dollars ($34,020) B. City and Consultant are parties to that certain Agreement entitled "First Amendment to Design Professional Services Agreement" dated October 12, 2016, and authorized through the City's Purchasing Policy, adopted by Resolution 2016-51, for the total amount of $600.00 C. City and Consultant now desire to enter into this Second Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement, Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the services described in this Second Amendment for a total not -to -exceed amount of Twenty-five Thousand, Seven Hundred Forty Dollars ($25,740), broken down by project, as follows: • Animal Shelter HVAC Replacement Project No. 2016-12: Eight -thousand, two -hundred fifty Dollars ($8,250) • Senior Center HVAC Replacement Project No. 2017-13: Seventeen thousand, four - hundred ninety Dollars ($17,490) 3. Agreement in Effect. Except as amended by the First and this Second Amendment, the Agreement shall remain in full force and effect. 4. Counterpart Signatures. This Second Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. Updated: 2010-06-21 IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK: STRATA ap, INC.: By: / By: Darrin Jenkins, City Manager (Date) Name: Per Minute Order at City Council Meeting Title: dated ATTEST: By: Deputy City Clerk (Date) 2 Updated: 2010-06-21 Ae %TR- i STRATEGIC 1)E51GN 5TLID10 September 12, 2016 Terrie Zwillinger Project Coordinator, Department of Public Works City of Rohnert Park 600 Enterprise Dr. Rohnert Park, California 94928 Reference: Senior Center HVAC — Project No. 2017-13 Subject: Architecture and Engineering Add Service #2 Dear Terrie: STRATAap is pleased to submit the following add service request for Architectural Services & Mechanical Engineering related to new project scope as requested by the Department of Public Works. 1. Added requirement — The addition of HVAC unit replacement of eight units per the attached scope from 15000. ADDED FEE: $17,490.00 Please contact STRATAap at (707) 935-7944, if you have any questions regarding this add service request, or would like to discuss your project further. Sincerely, Bennett Martin, Assoc. AIA Principal PO Box 1207 Sonoma, CA 95476 T 707.935.7944 F 707.935.6618 www.STRATAup.com July 26, 2016 Bennett Martin, Assoc. AIA STRATAAP Inc. 23562A Arnold Drive Sonoma, CA 95476 Bennett, 2901 cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 Thank you for considering 15000 Incorporated for your mechanical engineering needs. The attached agreement for professional services is based upon our conversation and my subsequent site visit. The Agreement for Professional Services includes the following documents transmitted via email; • Cover Letter & Transmittal • Agreement for Professional Services • Appendix A — Rate Sheet If you have any questions regarding the proposal, please feel free to contact us. Again, thank you for your consideration and we look forward to working together on this project. Sincerely, Jay Takacs, Principal Enc: Agreement for Professional Services (executed) Appendix A as listed above. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\P2398 Rohnert Park Re-Roof.doc 2901 cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 July 26, 2016 Agreement for Professional Services STRATAAP Inc. 23562A Arnold Drive Sonoma, CA 95476 SUMMARY OF PROJECT City of Rohnert Park Re -Roof 6800 Hunter Drive & 5669 J Rogers Lane (Rohnert Park, CA) 15000 Inc. is pleased to offer our proposal for the mechanical and plumbing engineering services for the above mentioned project. The project is a re -roof and subsequent replacement of selected heating, ventilation and air conditioning units. 6800 Hunter Drive (Senior Center) is slated to have eight units replaced in-kind with the remainder of the units to be left as -is. Units that are not being replaced will be temporarily removed for new roof curbs and roofing. 5669 J Rogers Lane (Animal Shelter) is slated to have one unit replaced in-kind with the remainder of the units (two) to be left as -is. Units that are not being replaced will be temporarily removed for new roof curbs and roofing. Project Boundary is defined as the footprint of the building itself. This Agreement is subject to the "Terms & Conditions to Agreement for Professional Services," two pages in length, submitted herewith and which are incorporated by reference as though fully set forth herein. DESIGN & ENGINEERING SERVICES • Demolition of the existing HVAC (Heating, Ventilating and Air Conditioning) systems as it directly relates to the proposed scope of new HVAC work within the Project Boundary. • Demolition of existing piping systems as it directly relates to the proposed scope of new piping systems within the Project Boundary. • New HVAC systems for spaces within the Project Boundary, including; o New packaged equipment to replace antiquated equipment in-kind. o Temporary removal of remaining units to accommodate new roofing and new roof curbs. • Modifications plumbing systems within the Project Boundary, including; o Temporary replacement of the existing natural gas system to accommodate roofing project. o Temporary replacement of the existing condensate system to accommodate roofing project. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.docx DELIVERABLES • A single set of contract documents intended for bidding by multiple contractors. Agreed progress submittals to Architect's office shall be made at the following increments; 0 50% Construction Documents (CDs) including outline specifications 0 100% CDs including specifications 0 100% Bid Documents (BDs) (post agency review) SCOPE OF SERVICES Any services and/or tasks not listed specifically herein or in other sections of the Agreement for Professional Services, are not included as a part of this Agreement: • Coordination of project requirements with Owner's agent. • We will provide corrections to our documents and engineering support through the agency review process. • 15000 Inc. will review product submittals for compliance to the contract documents. • Project manager will attend three meetings on site for the following milestones (all other visits will be invoiced in accordance with the attached rate schedule); 0 Initial site observation in order to observe existing conditions. 0 Limit of one site observation during construction. 0 Final site observation for compliance to the contract documents (punch list). • Only designated owner's representative shall direct 15000 Inc.'s work. Designated owner's representative is listed as Addressee on Cover Sheet & Transmittal. • We will observe the contractor's work during construction and answer questions regarding scope of work as contracted herein. EXCLUSIONS The engineering work does not include the following services. These items will be considered extra services and will be billed on a Time and Materials basis per our attached rate sheet: • Engineered or documented demolition scope of work is not included as a part of this proposal. • Additional progress submittals not detailed in the Deliverables section of the Agreement. • Design and/or review of fire protection systems. • Site piping system design. • Title 24 Energy compliance documentation. • Documentation of third -party energy rating systems. • Cost estimating services. • Isometric detailing for all design or at the request from the authority having jurisdiction. • Structural anchorage calculations for mechanical and plumbing equipment as required by California Building Code ASCE 7-10. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.dou COMPENSATION The fee for services listed herein shall be a lump sum of $23,400.00 and is to be paid based upon a percentage of work completed, billed on a monthly basis per standard project phases and Terms & Conditions. Construction Docs (Senior Center) 85% $13,515.00 Agency Review 5% $795.00 Project Observation 10% $1,590.00 Sub -Total $15,900.00 Construction Docs (Animal Shelter) 85% $6,375.00 Agency Review 5% $375.00 Project Observation 10% $750.00 Sub -Total $7,500.00 Total $23,400.00 SIGNATORIES & INSURANCE 15000 Inc. maintains the following insurance policies; • Professional liability insurance with a $1,000,000 per -occurrence limit and a $3,000,000 aggregate limit. • General commercial liability insurance with a $1,000,000 per -occurrence limit and a $2,000,000 aggregate limit. • Workers compensation insurance as legally required by the State of California. A mechanical engineer licensed in the State of California will directly supervise all design services. This Proposal is valid for 30 days from the date of this Proposal. Thank you very much for considering our firm regarding this project. If you have any questions regarding the scope of work as listed herein or the terms of the agreement, please contact us. If scope and terms are agreeable, please return a signed copy of this proposal to our offices for our records. Jay Takacs, Principal NAME / TITLE July 26, 2016 Date Date Please note that our definitions of scope and proposed fee are proprietary information and are transmitted in confidence. Proposal is valid for 30 days from date of issue without amendments. Proposal is void after 30 days. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.docx HOURLY RATES AND REIMBURSABLE EXPENSES FOR 2016 Principal Mechanical Engineering: $170.00 / Hour Mechanical Design: $120.00 / Hour Energy Analysis: $110.00 / Hour 3D Modeling (BIM): $85.00 / Hour Computer Aided Drafting (CAD): $70.00 / Hour Project Administration / Clerical: $65.00 / Hour 2901 Cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 Work performed on an hourly basis will be billed as noted above. Reimbursable expenses associated with all work will be billed as indicated in the following schedule; Mileage: $0.56 / Mile Large Scale Plotting (11"x17"): $1.00 / Sheet Large Scale Plotting (18"x24"): $2.00 / Sheet Large Scale Plotting (24"x36"): $3.00 / Sheet Large Scale Plotting (30"x42"): $4.00 / Sheet Shipping: Cost +5% All other expenses: Cost +5% 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\Appendix A - Rate Sheet.doc Ae %TR- i STRATEGIC 1)E51GN 5TLID10 September 12, 2016 Terrie Zwillinger Project Coordinator, Department of Public Works City of Rohnert Park 600 Enterprise Dr. Rohnert Park, California 94928 Reference: Animal Shelter HVAC — Project No. 2016-12 Subject: Architecture and Engineering Add Service #3 Dear Terrie: STRATAap is pleased to submit the following add service request for Architectural Services & Mechanical Engineering related to new project scope as requested by the Department of Public Works. 1. Added requirement — The addition of HVAC unit replacement of one unit per the attached scope from 15000. ADDED FEE: $8,250.00 Please contact STRATAap at (707) 935-7944, if you have any questions regarding this add service request, or would like to discuss your project further. Sincerely, Bennett Martin, Assoc. AIA Principal PO Box 1207 Sonoma, CA 95476 T 707.935.7944 F 707.935.6618 www.STRATAup.com July 26, 2016 Bennett Martin, Assoc. AIA STRATAAP Inc. 23562A Arnold Drive Sonoma, CA 95476 Bennett, 2901 cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 Thank you for considering 15000 Incorporated for your mechanical engineering needs. The attached agreement for professional services is based upon our conversation and my subsequent site visit. The Agreement for Professional Services includes the following documents transmitted via email; • Cover Letter & Transmittal • Agreement for Professional Services • Appendix A — Rate Sheet If you have any questions regarding the proposal, please feel free to contact us. Again, thank you for your consideration and we look forward to working together on this project. Sincerely, Jay Takacs, Principal Enc: Agreement for Professional Services (executed) Appendix A as listed above. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\P2398 Rohnert Park Re-Roof.doc 2901 cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 July 26, 2016 Agreement for Professional Services STRATAAP Inc. 23562A Arnold Drive Sonoma, CA 95476 SUMMARY OF PROJECT City of Rohnert Park Re -Roof 6800 Hunter Drive & 5669 J Rogers Lane (Rohnert Park, CA) 15000 Inc. is pleased to offer our proposal for the mechanical and plumbing engineering services for the above mentioned project. The project is a re -roof and subsequent replacement of selected heating, ventilation and air conditioning units. 6800 Hunter Drive (Senior Center) is slated to have eight units replaced in-kind with the remainder of the units to be left as -is. Units that are not being replaced will be temporarily removed for new roof curbs and roofing. 5669 J Rogers Lane (Animal Shelter) is slated to have one unit replaced in-kind with the remainder of the units (two) to be left as -is. Units that are not being replaced will be temporarily removed for new roof curbs and roofing. Project Boundary is defined as the footprint of the building itself. This Agreement is subject to the "Terms & Conditions to Agreement for Professional Services," two pages in length, submitted herewith and which are incorporated by reference as though fully set forth herein. DESIGN & ENGINEERING SERVICES • Demolition of the existing HVAC (Heating, Ventilating and Air Conditioning) systems as it directly relates to the proposed scope of new HVAC work within the Project Boundary. • Demolition of existing piping systems as it directly relates to the proposed scope of new piping systems within the Project Boundary. • New HVAC systems for spaces within the Project Boundary, including; o New packaged equipment to replace antiquated equipment in-kind. o Temporary removal of remaining units to accommodate new roofing and new roof curbs. • Modifications plumbing systems within the Project Boundary, including; o Temporary replacement of the existing natural gas system to accommodate roofing project. o Temporary replacement of the existing condensate system to accommodate roofing project. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.docx DELIVERABLES • A single set of contract documents intended for bidding by multiple contractors. Agreed progress submittals to Architect's office shall be made at the following increments; 0 50% Construction Documents (CDs) including outline specifications 0 100% CDs including specifications 0 100% Bid Documents (BDs) (post agency review) SCOPE OF SERVICES Any services and/or tasks not listed specifically herein or in other sections of the Agreement for Professional Services, are not included as a part of this Agreement: • Coordination of project requirements with Owner's agent. • We will provide corrections to our documents and engineering support through the agency review process. • 15000 Inc. will review product submittals for compliance to the contract documents. • Project manager will attend three meetings on site for the following milestones (all other visits will be invoiced in accordance with the attached rate schedule); 0 Initial site observation in order to observe existing conditions. 0 Limit of one site observation during construction. 0 Final site observation for compliance to the contract documents (punch list). • Only designated owner's representative shall direct 15000 Inc.'s work. Designated owner's representative is listed as Addressee on Cover Sheet & Transmittal. • We will observe the contractor's work during construction and answer questions regarding scope of work as contracted herein. EXCLUSIONS The engineering work does not include the following services. These items will be considered extra services and will be billed on a Time and Materials basis per our attached rate sheet: • Engineered or documented demolition scope of work is not included as a part of this proposal. • Additional progress submittals not detailed in the Deliverables section of the Agreement. • Design and/or review of fire protection systems. • Site piping system design. • Title 24 Energy compliance documentation. • Documentation of third -party energy rating systems. • Cost estimating services. • Isometric detailing for all design or at the request from the authority having jurisdiction. • Structural anchorage calculations for mechanical and plumbing equipment as required by California Building Code ASCE 7-10. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.dou COMPENSATION The fee for services listed herein shall be a lump sum of $23,400.00 and is to be paid based upon a percentage of work completed, billed on a monthly basis per standard project phases and Terms & Conditions. Construction Docs (Senior Center) 85% $13,515.00 Agency Review 5% $795.00 Project Observation 10% $1,590.00 Sub -Total $15,900.00 Construction Docs (Animal Shelter) 85% $6,375.00 Agency Review 5% $375.00 Project Observation 10% $750.00 Sub -Total $7,500.00 Total $23,400.00 SIGNATORIES & INSURANCE 15000 Inc. maintains the following insurance policies; • Professional liability insurance with a $1,000,000 per -occurrence limit and a $3,000,000 aggregate limit. • General commercial liability insurance with a $1,000,000 per -occurrence limit and a $2,000,000 aggregate limit. • Workers compensation insurance as legally required by the State of California. A mechanical engineer licensed in the State of California will directly supervise all design services. This Proposal is valid for 30 days from the date of this Proposal. Thank you very much for considering our firm regarding this project. If you have any questions regarding the scope of work as listed herein or the terms of the agreement, please contact us. If scope and terms are agreeable, please return a signed copy of this proposal to our offices for our records. Jay Takacs, Principal NAME / TITLE July 26, 2016 Date Date Please note that our definitions of scope and proposed fee are proprietary information and are transmitted in confidence. Proposal is valid for 30 days from date of issue without amendments. Proposal is void after 30 days. 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\02 - Agreement for Professional Services.docx HOURLY RATES AND REIMBURSABLE EXPENSES FOR 2016 Principal Mechanical Engineering: $170.00 / Hour Mechanical Design: $120.00 / Hour Energy Analysis: $110.00 / Hour 3D Modeling (BIM): $85.00 / Hour Computer Aided Drafting (CAD): $70.00 / Hour Project Administration / Clerical: $65.00 / Hour 2901 Cleveland ave., suite 204 santa rosa, ca 95403 phone: 707.577.0363 fax: 707.577.0364 Work performed on an hourly basis will be billed as noted above. Reimbursable expenses associated with all work will be billed as indicated in the following schedule; Mileage: $0.56 / Mile Large Scale Plotting (11"x17"): $1.00 / Sheet Large Scale Plotting (18"x24"): $2.00 / Sheet Large Scale Plotting (24"x36"): $3.00 / Sheet Large Scale Plotting (30"x42"): $4.00 / Sheet Shipping: Cost +5% All other expenses: Cost +5% 0:\Proposals\STRATAap\P2398 Rohnert Park Re-Roof\Appendix A - Rate Sheet.doc N6RT Pp$k +� Mission Statement ,g sa "We Care for Our Residents by Working Together to Build a 000 Better Community for Today and Tomorrow." CAL1 F©RN7P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: January 24, 2017 Department: Development Services Submitted By: Jeff Beiswenger, Planning Manager Prepared By: Zach Tusinger, Planner I ITEM NO. 8 Agenda Title: Discussion and Direction Regarding the Possible Regulation of Short Term Rentals RECOMMENDED ACTION: Review and discuss the information provided regarding short term rentals and provide direction to city staff on possible next steps. BACKGROUND: Vacation rentals have always been a feature in Sonoma County. From turn of the century lodging in the Russian River resort areas, to the growth of wine country tourism over the last thirty to forty years, people have used second homes or unoccupied residences as income generating lodging. The majority of these original short term rentals (STRs) have been in more rural areas or close to tourist attractions such as the coast, the Russian River, or vineyards and wineries. Over the last ten years, the growth in STRs has increased significantly. Online platforms have proliferated that allow the easy listing and booking for both owners and potential occupants. The most popular is AirBnB which currently boasts 2 million separate listings worldwide.' At the same time, the cost for hotel rooms has increased tremendously. Hotel rooms in Sonoma County have grown in price by 47% since August 2010.2 The average nightly rate for a hotel in Sonoma County has increased from $121 per night in August 2010 to $179 per night in August 2016. The higher cost of hotel rooms has increased the incentive for property owners to list rooms, second units, or even their entire homes as STRs. A well-run STR can generate substantial revenue for the owner/host. Studies have shown that in some markets an owner can expect to earn "double or more in annual rental income through short-term rental versus renting to local residents at market rates"3. This creates an incentive for owners to withdraw potential rental units from the available housing pool. However, as Rohnert Park is a college town with high demand for long-term rental housing, there may be increased investor value without STRs compared to other cities in Sonoma County. Growth in Rohnert Park. As vacation rentals have not traditionally been a part of the landscape in Rohnert Park, the issue of STRs in the City is only beginning to emerge. To date there has ' AirBnB Blog. www.blog.airbnb.com. z "Sonoma County hotel room prices rise 4.7 percent'. The Press Democrat. September 21, 2016. s The Impact of Vacation Rentals on Affordable and Workforce Housing in Sonoma County. Economic & Planning Systems. 2015, citing Rising Rent, and the Housing Crisis in Los Angeles, Roy Samaan. LAANE. 2015. ITEM NO. 8 only been one code complaint related to STRs that involved the rental of an entire house to multiple lodgers. ANALYSIS: In May of 2015 Rohnert Park only had nine STR listings on AirBnB.4 As of September 2016, there were 22 separate listings within the city limits.5 This represents more than 100% growth in less than a year and a half. Dozens of additional AirBnB listings can be found in the immediate vicinity of the City including in Cotati, southern Santa Rosa, and adjacent areas of unincorporated Sonoma County. Of the listings within Rohnert Park, 18 were for private rooms within (presumably) owner -occupied homes, and four were for the entire home. The average advertised nightly rates for the private rooms and entire homes were $71.00 and $157.00, respectively. Other less popular platforms include HomeAway, Flipkey, and VRBO where two homes in Rohnert Park were listed at an average nightly rate of $360. Figure 1. L m ` � Holl Ave m Ave Fr¢in4n: L`r 1 T n v TJe. ' Roberts F.c`u:� �s GolrCoal�9r m m � fake Park ' Goli Gnurse ar Ave E Scandla Family, C, Fun Center Q�sonesa Puk Pr n. � l s p- Keiszr Ave o ry r 3 u �ofaG t?.hnert Park Expy rnr a Rohnee4 Pank Expy T m_ 1 [R -a Lr a hrtert Park E>tpy ® Er+terpnse Dr Rohnert Park Development Services — a'�, � Rancho Catate s Sonoma State T High School' UnNersity A.il.ier°A. Rohnert Park � s P of v �� nt a, °K� Mara+ice Ave � � o cotati a -D 'c�, � 3 C -mino Colegio .E e AirBnB listings in Rohnert Park. September 27, 2016. Al Concerns Associated with STRs. Numerous issues are associated with STRs. Opponents of STRs note that they provide incentives for owners to remove available properties from the available housing stock contributing to the housing shortage and increased housing costs. Data indicates that as the number of STRs in Sonoma County has increased, the seasonal, recreational, or occasional use units, which include vacation rental units, now comprise the largest share of total a The Impact of Vacation Rentals on Affordable and Workforce Housing in Sonoma County. Economic & Planning Systems. 2015. 5 Based on manual count of AirBnB listings on September 28, 2016. 2 ITEM NO. 8 unoccupied units in Sonoma County and have steadily increased as a percentage of unoccupied units since 2005. As measured by the American Community Survey (ACS), they are now approximately 44 percent of the total unoccupied units in the County. This is an increase of 1,761 units or about 20 percent, which can be assumed to be a proportional reduction in for sale or rental housing available to working families.b Various public safety issues are also cited, including the impact on parking and traffic in neighborhoods. Neighbors are often concerned about potential noise impacts, and the way the absence of traditional neighbors changes the character of their neighborhoods. Hotels and Bed & Breakfast proprietors, may complain that STRs do not shoulder the same overhead costs (such as Transient Occupancy Taxes (TOT) or safety regulations) that they face. At the same time, there are numerous positives associated with STRs. They're a tool for homeowners to supplement their incomes and make their own homes more affordable. As an increasing popular travel lodging option, areas with significant concentrations of STRs may see benefits to their local economy in the form of visitors who go to restaurants and spend money at local attractions. Other Jurisdictions. Contentious debates have occurred in jurisdictions across California. Rohnert Park's neighbors have addressed the issue of STRs in stages over the last several years. In July of 2015 Petaluma passed an ordinance that put several regulations in place to limit STRs. The rules include a 90 -day cumulative annual limit on rentals for properties where the owner isn't in residence, with no such limit where the owner is in residence on the parcel. Additionally, owners who offer STRs must obtain business licenses, and are subject to the city's business and TOT taxes. Owners in Petaluma also have to demonstrate the existence of ample parking and provide notice to neighbors.7 Despite increased regulation and enforcement, the number of unpermitted units in Petaluma dwarfs the number of those permitted. As of November 2016 there were 21 approved permits there for STRs, while there were approximately 150 active units in Petaluma listed on AirBnB alone. a The City of Sonoma currently allows STRs for whole houses in historic neighborhoods. A proposal in 2015 to expand STRs to more neighborhoods and to allow homeowners to rent out private rooms within their homes failed to pass.9 In January of 2016 Sonoma County revised its original STR ordinance dating back to 2011 to create exclusionary zones where new STRs shall be prohibited. The intention is to reduce the number of properties being withdrawn from the housing market in sensitive areas. Sonoma County requires owners of STRs to acquire vacation rental permits. As of December 2015, over 1,000 permits had been issued in unincorporated areas of Sonoma County. 10 While Napa County does not allow any STRs in unincorporated areas, the City of Napa passed an ordinance in November of 2015 to allow up to 60 permits for private room, in-house STRs. The new law however has generated several instances of pushback with numerous complaints and groups of neighbors organizing to get certain permits revoked. l i 6 The Impact of Vacation Rentals on Affordable and Workforce Housing in Sonoma County. Economic & Planning Systems. 2015, citing Rising Rent, and the Housing Crisis in Los Angeles, Roy Samaan. LAANE. 2015. "Petaluma adopts rules for short-term vacation rentals". Petaluma Argus -Courier. July 21, 2015. s "Petaluma looks to rein in vacation rentals". Petaluma Argus -Courier. October 29, 2016. 9 "Sonoma rejects easing vacation rental rules". The Press Democrat. April 6, 2015. io "Sonoma County supervisors pass compromise vacation rentals revisions". Index -Tribune. January 28, 2016. " "Napa vacation hosting permits trigger appeals, hard feelings". Napa Valley Register. June 3, 2016. ITEM NO. 8 In order to maintain neighborhood integrity and tranquility, Healdsburg bans any rentals of fewer than 30 days, unless they fall in to the category of a bed and breakfast (historic and architecturally unique with an on-site manager) or are located in a commercial area. From August 2014 to August 2015 the City of Healdsburg investigated approximately 50 illegal STRs in the city. 12 Other municipalities like Cloverdale, restrict them to commercial areas and require a conditional use permit. Santa Rosa, Sebastopol, Windsor, and Cotati all allow STRs with only minimal restrictions. The table below summarizes the STR policies in neighboring jurisdictions in Sonoma County. Jurisdiction STRs Allowed? Details or Action Rohnert Park Yes Single room rentals allowed if approved as a bed & breakfast; whole home rentals not explicitly prohibited Sonoma County Yes Prohibited from certain exclusionary zones Petaluma Yes Time limitations, subject to TOT, must demonstrate required parking Sonoma Yes Only allowed in historic neighborhoods, a moratorium on new STRs is currently in place Healdsburg Yes Limited to commercial areas or historic properties with an on-site manager Santa Rosa Yes City has not addressed STRs Windsor Yes Minimal regulations, subject to TOT Cloverdale Yes Restricted to commercial areas, CUP required Existing Municipal Code. There are several relevant existing ordinances in Rohnert Park. Among them are: Second Units: 17.07.020.X specifies requirements for second residential units. In many areas, second residential units on a single-family parcel are being constructed or converted to be used as a money -making STR for the owner -occupant of the primary structure. Rohnert Park's ordinance pertaining to second residential units appears to generally preclude their use as STRs here, although a new state law on Accessory Dwelling Units will require revisions to the City's Municipal Code. 17.07.020.X. 13.c currently specifies that before obtaining an occupancy permit for the second residential unit, the property owner shall file deed restrictions, that among other things restricts the unit to be affordable housing. If the unit is not in compliance with any of the deed restrictions, the zoning compliance shall no longer be in effect and the second unit must be altered so as to prevent its use as a second unit. Based on this, a structure that is built as a second unit could not be used as an STR as built. However, a detached structure that had a bedroom and bathroom, but not a kitchen, for example, could hypothetically be used as an STR under the Rohnert Park Code of Ordinances. Bed and Breakfasts: 17.07.020.D regulates bed and breakfast in Rohnert Park. One of the defining characteristics of a bed and breakfast is that it shall be operated by a property owner i2 "Healdsburg reaffirms ban on vacation rentals". The Press Democrat. August 17, 2015. 4 ITEM NO. 8 living on the premises. Under this definition, many of the private room STRs listed for Rohnert Park on AirBnB could presumably be included as Bed and Breakfasts. Bed and Breakfasts require a conditional use permit in Rohnert Park. None of the currently operating STRs have acquired a Conditional Use Permit to operate a Bed and Breakfast. Possible Regulations. Although the above provisions could be interpreted to address STRs, if the City desires to regulate STRs, the best way to do so would be to adopt regulations specific to STRs. Courts have determined that STRS can be regulated as a land use and can be taxed accordingly. 13 There are a number of possible methods to restrict and/or regulate STRs in a way that makes sense for the community. Many cities have found that outright bans or overly burdensome fees and restrictions can push STRs underground, requiring increased time to monitor and enforce. 14 Enforcement of STR ordinances and restrictions can be time consuming and difficult. Some possible STR regulations may include: Noticing Requirements. In any sort of regulatory structure, the City could require STR proprietors to provide notice to property owners within a reasonable distance, perhaps 100 feet, of their application to operate an STR from their property. This would give neighbors the opportunity to voice concerns and be aware of the potential impacts on their neighborhood. Differentiate between whole house rentals and room rentals. Room rentals are unlikely to have much of a negative impact on the community's available housing supply. In fact, they may make housing more affordable for some by allowing them an opportunity to use their home to supplement their income and pay their mortgage expenses. Room rentals also by their nature limit the size of the visiting party, which reduces the potential for noise and traffic which could impact neighbors. Whole house rentals have a greater potential to change the character of the neighborhood, particularly if they are in close proximity to one another. • Limitations on number of occupants. Some cities have placed limitations on the number of occupants. For example, a limitation of 2 people per bedroom could be established for private room rentals. • Limit on total number of licenses. The approach that Napa has taken is illustrative here. Napa limited STR licenses to a total of 60 citywide. • Limitation on concentration. One option that some cities have considered is to reduce or limit the concentration of STRs so as to maintain neighborhood integrity and character. A hypothetical rule might say that STRs cannot be licensed within 500 feet of another preexisting STR. • Limitation on number of nights per year per listing. Several cities have limited the number of cumulative nights a room or property is rented per year. A common number for properties where the host doesn't live in the unit is 90 nights per year. If the host lives on property and is only renting out a private room, that number could perhaps be set higher. • Response Time. For rentals of private homes, some cities require the property owner or a property manager be within a certain drive time in order to respond to issues or incidents. 13 Home Sharing in the New Economy. Rusin, T. and A. Visceshwara. Western City. August 2015. is The Rise of Vacation/Short-Term Residential Rentals and What Cities Are Doing About It. Presentation: February 4, 2015. League of California Cities. 5 ITEM NO. 8 • Permitted by Right versus Permitted with Conditional Use Permit or Administrative Permit. One way to insure that the use is reviewed, is to require a conditional use or administrative permit for the use rather than allowing the STR to be established by right. • Restrict to Certain Zoning Districts. STRs could be prohibited from multi -family residential areas or other areas where space and parking may be limited. • Parking Restrictions. Some jurisdictions require applicants to demonstrate the availability of adequate on -street or off-street parking. • Licensing. Many jurisdictions require the owner of an STR to acquire a business license and pay various business taxes including TOT. • Liability Insurance Requirement. A jurisdiction could require that the proprietor of an STR maintain a minimum amount of liability insurance. • Posted Rules. Require rules and copies of relevant city ordinances to be provided with the STR and for the license number to be included with any online listing. OPTIONS CONSIDERED: Staff has considered three options. 1. Recommended Option: Direct City staff to develop limited regulations for STRs that still allow them under certain circumstances. Specific regulations that might be appropriate to implement include: • Requiring a business license and paying TOT. • Limiting concentrations so as to maintain neighborhood character. • Requiring an administrative permit at minimum, with associated noticing requirements. • Applying different regulations to whole house rentals versus room rentals. 2. Alternative Option: Direct City staff to develop more stringent regulations. 3. Alternative Option: Direct City Staff to continue to monitor STRs and revisit in a year. STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal D — Continue to Develop a Vibrant Community. FISCAL IMPACT/FUNDING SOURCE: There is no immediate fiscal impact from this direction item. Long term, STRs may generate increased TOT revenue. STRs may also enable increased tourism in Rohnert Park which may have associated benefits in terms of sales tax revenue for City shops and restaurants. Department Head Approval Date: 1/5/2017 Finance Director Approval Date: NA City Attorney Approval Date: 1/9/2017 City Manager Approval Date: 1/5/2017 Attachments: None 6 Discussion and Direction: Short Term Rentals City of Rohnert Park City Council January 24, 2017 19 ptANERT PAA �ALIF0RN (52 Upcoming HousingTopics ShortTerm Rentals Accessory Dwelling Units juniorAccessory Dwelling Units Garage Conversions Affordable Housing Commercial Linkage Fee In -Lieu Fee Other Rental Issues Background F Longhistoryof vacation rentals in Sonoma County Growth in ShortTerm Rentals (STRs) in the last 5 years Online platforms like AirBnB and VRBO have revolutionized industry Growth in Sonoma County AirBnB has over 2 million STRs worldwide. Increasing hotel nightly rates have made this an attractive option for both travelers and proprietors. Hotel room rates in Sonoma County are up 47% since 2010. Average nightly rate: August 2010 - $121 August 2016 - $179 Growth in Rohnert Park F May 2015 — 9 AirBnB listings S 2016 — 22 AirBnB listings x IM - + -Rolf Ave e / Rrel horn Dr 1 � `� 66 K,�una kJe �1 Golf Coussevr RahertS ro a o fake Park 5� �z Galf Course Or Ave Scandia Family _u E3e Fun Center 13usw46s8 Park Dr a y o m� 4 n. i Keiser Ave w E a G � 3 Sj Sd7td C perk Park Expy tut Rohner Park Expy[a carne pr hrye t Park Expy Enterprise Dr Rohnert Park Development Services — Rancho Cotate High School Sonoma State 9 University Allele A. Rohnert Park n a 9 —J Q Maurice Ave tts a 9 m k. ar•4an 6r o n 3 '3ryq tot Cotati x a YR ® DF�'A E GBta� Pye � � �fifioC©legia tlS'"rdat-p il+ E`a3Pgr.:: Local STRs Whole house Room only CENT REVILLS�-� State Regulations a No blanket regulatory requirements g y q Issue is left up to local jurisdictions Result Council has broad discretion to proactively address issue Concerns Reduces available housing Nuisance impacts: parking, traffic, parties Changes neighborhood character Lack of health and safety regulation Negative fiscal impacts (if unregulated) 4 Benefits Tool for homeowners to supplement income Increased lodging options for tourists 4- Positive fiscal impacts (if regulated) Local Policy Options Zoning: Differentiate between whole house and room rentals Limit by zoning district Require permits (CUP or Administrative) Limit the concentration of STRs Limit the total number of STRs in operation Require neighborhood noticing Impose parking requirements for room rentals Local Policy Options Regulatory: Limit the number of nights per year per listing Impose liability insurance requirements Require posted guidelines/instructions for occupants Require a business license and payment of TOT Bed & Breakfast Ordinance Allowed in High Density Residential only Requires a Conditional Use Permit Limited to 5 rooms No more than 14 consecutive days Must be located within 500 feet of an arterial or major street (also must secure business license and collect TOT) Key Policy Question F Do we want to make these easier to do or 9� harder to (or prohibit completely)? Single Room Rentals Whole House Rentals Goals t�\ Preserve neighborhood character Avoid the negative consequences of STRs Maintain housing stock Other jurisdictions Rohnert Park (do not allow at all) More - Healdsburg — commercial zones or historic properties with on - Restrictive site manager Less Restrictive Sonoma — allowed in historic districts, moratorium on new STRs Cloverdale — restricted to commercial zones, CUP required Rohnert Park (single room only) Sonoma County — prohibited from certain exclusionary zones Rohnert Park (single room allowed, whole house admin review) Petaluma —time limitations, subject to TOT, demonstrate required parking, manager within certain distance, sunset clause Windsor —minimal regulations, subject to TOT Rohnert Park (do not address, do not enforce) Santa Rosa — city has not addressed STRs Staff Recommendations F Differentiate between whole house rentals versus single room rentals Prohibit whole house rentals Allow in all residential zoning districts Limit to a single room (or accessory dwelling unit) Limit the number of consecutive nights (14) c Require a business license and payment of TOT Additional Options Impose liability insurance requirements Require posted guidelines/instructions for occupants A limit to the total number of STRs in Rohnert Park Sunset provision on ordinance in order to revisit Questions? Alternative Option F Differentiate between single room rentals versus whole house rentals: Single room rentals — Require a business license Limit number of consecutive days (14) Limit to one room (otherwise would be considered B&B) Payment of TOT Whole house rentals —Administrative Permit Require notification to adjacent property owners Limitation on concentration to preserve neighborhood character Limit number of consecutive and cumulative days Business license and TOT �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: January 24, 2017 Department: Public Safety, Animal Services Submitted By: Commander Aaron Johnson Prepared By: Commander Aaron Johnson ITEM NO. 9 Agenda Title: Discuss and Provide Direction Regarding Animal Shelter Fee Schedule Update RECOMMENDED ACTION: Discuss and provide direction regarding a proposed increase to the current Animal Services fee schedule pursuant to RPMC 6.02.0301. BACKGROUND: The Animal Shelter operates under a specific fee schedule set by the Rohnert Park Municipal Code and adopted resolutions. The most common fees associated with the operation of the shelter are licensing and adoption fees. In 2003 resolution 2003-296 was passed to increase shelter fees from $70 to $80 for adoptions of dogs and from $50 to $60 for cats. This increase was to support the rising cost of food and care for other animals in the shelter as well as offset operational costs incurred due to an increase in staffing of the shelter. In 2007, resolution 2007-78 was passed to increase the cost of feline adoption from $60 to $80 in order to maintain the food and care demands associated with felines at the shelter. Licensing fees remain at $12 for cats and dogs. In 2009 a complete fee schedule examination was completed and a general fee increase was proposed to council. Resolution 2009-96 approved an increase to the majority of the fee schedule. The noteworthy change was to the adoption fees of both cats and dogs increasing from $80 to $95. Still the licensing fees did not change and remained at $12 per animal. The total pet adoption fee increase over a six-year period was approximately $25 for dogs and $45 for cats. The 2009 established fee schedule has remained in effect through 2016. 16.02.030 - Authority to set fees and charges. - The city council may, from time to time, by resolution, establish a schedule of fees and charges for services performed and licenses issued under this Title. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses. (Ord. 738 § 1 (part), 2005) 1 ITEM NO. 9 ANALYSIS: Data was compared from when the fee schedule was last updated (2009), to now (2016) and it was determined that the animal population has increased by over 200 animals annually since 2013. These changes have made an impact on the Animal Shelter. Therefore, updating the fee schedule to be commensurate with the cost of service will benefit the animals as well as the programs available to the community, (see Attachment 1). Animal licensing costs have not changed since 2003, and still remain at $12 per pet (cat or dog). Minimum wage has risen from $5.15/hr. in 2003 to $10.50/hr. currently. Minimum wage will raise to $15/hr. in the next three years. The recommended increase in licensing from $12 to $18 per animal is supported by comparing fees from other jurisdictions as noted in Attachment 2. Rohnert Park currently charges the lowest amount for animal licensing. Even with a 50% increase from $12 to $18, Rohnert Park will remain the second lowest in comparison. STRATEGIC PLAN ALIGNMENT: Per the City of Rohnert Park Strategic Plan, Goal B, Section B-4, 2.a —Achieve and Maintain Financial Stability, Identify new and innovative ways to increase revenue, update fee schedules to ensure cost recovery, a. Animal Shelter Fees — the fee schedule is due for a review and increase to keep up with the raising costs of operations. OPTIONS CONSIDERED: Recommended Option: Directing staff to bring back an increase to the fees as outlined in the attachments. The minor increase in fees will offset the increase in costs to Animal Services. 2. Alternative: Staff also considered leaving the fee schedule as is and did not recommend this option because Animal Services needs to recover costs from servicing the increasing population of animals in the City of Rohnert Park. FISCAL IMPACT/FUNDING SOURCE: If the Fee Schedule is approved as proposed, Animal Services will increase revenue by approximately $39,000.00 annually to offset increased and increasing costs. Department Head Approval Date: 12-12-16 Finance Director Approval Date: 12-19-16 City Attorney Approval Date: N/A City Manager Approval Date: 1-19-17 Attachments (list in packet assembly order): 1. Shelter Fees 2. Fee Comparison by City 2 Animal Services Fee Schedule Update - 2016* Service Current Rate Proposed Rate Change %Change Units Served Revenue Increase ADOPTIONS Cats $95.00 $100.00 $5.00 5.26% 319 $ 1,595.00 Barn Cat $0.00 $25.00 $25.00 100.00% 1 IMPOUNDS (Dogs/Cats) Hobby Non -Profit $0.00 $50.00 $50.00 100.00% 0 $ - Commercial 1 st impound $35.00 $40.00 $5.00 14.29% 565 $ 2,825.00 2nd impound $60.00 $65.00 $5.00 8.33% 0 $ - Board $12.00 $15.00 $3.00 25.00% 0 $ - Vet Care VAX $6.00 $10.00 $4.00 66.67% 0 $ - Vet Care Blood $10.00 $15.00 $5.00 50.00% 0 $ - Sm Animal Impound $0.00 $10.00 $10.00 100.00% 13 $ 126.67 Sm Animal Board $0.00 $5.00 $5.00 100.00% 0 $ - SURRENDER Dog/Cat - Un Altered $50.00 $65.00 $15.00 30.00% 0 $ - Do /Cat - Altered $30.00 $40.00 $10.00 33.33% 250 $ 2,496.67 EUTHANASIA Owner Request 1 $100.00 $50.00 -$50.00 -50.00% 21 $ (1,050.00) LICENSES Hobby Non -Profit $0.00 $50.00 $50.00 100.00% 0 $ - Commercial Dog/Cat - Altered $12.00 $18.00 $6.00 50.00% 4168 $ 25,006.00 Dog/Cat - Unaltered $30.00 $36.00 $6.00 20.00% 1207 $ 7,244.00 Senior/Disbaled 1 pet $0.00 $6.00 $6.00 100.00% 0 $ - Late Fee $15.00 $25.00 $10.00 66.67% 0 $ - Potentially Dangerous $0.00 $50.00 $50.00 100.00% 0 $ - Dangerous $0.00 $150.00 $150.00 100.00% 0 $ - KENNEL FEES Hobby Non -Profit $0.00 $50.00 $50.00 100.00% 0 $ - Commercial $0.00 $250.00 $250.00 100.00% 0 $ - Pet Shop $0.00 $250.00 $250.00 100.00% 0 $ - TOTAL REVENUE INCREASE $ 39,190.00 * All data provided by Animal Services Supervisor Fee Comparison' by City - 2016 Adoption Fees Impound Fees Dogs Altered Petaluma $90 Rohnert Park (proposed) $100 Sonoma County $126 Pets Lifeline $150 Marin Humane Society $175 Sonoma Humane Society $190 $65 Petaluma Cats $69 Petaluma $70 Sonoma County $79 Pets Lifeline $85 Rohnert Park (proposed) $100 Marin Humane Society $100 Sonoma Humane Society $105 Rabbits Petaluma $10 Sonoma Count $21 Rohnert Park (proposed) $40 Pets Lifeline $40 Marin Humane Society $40 Sonoma Humane Society $40 Surrendered Animals Impound Fees Altered Unaltered Marin Humane Society $25 $50 Pets Lifeline $35 $35 Sonoma Humane Society $40 $40 Rohnert Park (proposed) $40 $65 Petaluma $46 $69 Sonoma County $55 $55 ' Data provided by Animal Shelter Supervisor. Impound Fees Dogs Jsr 2nd Pets Lifeline $30 $50 Rohnert Park (proposed) $40 $65 Petaluma $45 $45 Sonoma Count $60 $125 Marin Humane Society $65 $90 Sonoma Humane Society $100 $100 cont.. . ' Data provided by Animal Shelter Supervisor. Licensing Impound Fees cont... erous Cats 1st 271d Marin Humane Society - $65 Pets Lifeline $30 $50 Rohnert Park (proposed) $40 $65 Petaluma $45 $45 Sonoma Humane Society $100 $100 Licensing Licensing erous Dos Dogs/Cats Altered Unaltered Late Fee Pets Lifeline $15 $30 - Rohnert Park (proposed) $18 $36 $25 Marin Humane Society $19 $50 $50 Petaluma $20 $25 $21 Sonoma Count $25 $100 $40 Licensing Dangerous / Potentially Dan erous Dos Potentially Dangerous Dangerous Rohnert Park (proposed) $50 $150 Sonoma Count $131 $328 Marin Humane Society $250 $500 Petaluma - - Pets Lifeline - - Sonoma Humane Society- - Kennel Licenses Commercial Hobby Pet Shop Fancier Sonoma Count $185 $185 $185 $77 Rohnert Park (proposed) $250 $50 $250 - Marin Humane Society - - - - Petaluma - - - - Pets Lifeline - - - - Sonoma Humane Society - - - - I U4, i 'a � 0 ANIMAL SERVICES FEE SCHEDULE UPDATE m i17 HISTORY OF FEE SCHEDULE 1 3 YEARS 2003 —Adoptions: Dogs from $70 to $80. Cats $50 to $60 Licensing $12 2007 —Adoptions: Dogs same. Cats $60 to $80 Licensing $12 2009 —Adoptions: Dogs from $80 to $95. Cats $80 to $95 Licensing $12 STRATEGIC PLAN ALIGNMENT Per the City of Rohnert Park Strategic Plan, Goal B, Section B-4, 2.a —Achieve and Maintain Financial Stability, Identify new and innovative ways to increase revenue, update fee schedules to ensure cost recovery, a.Animal Shelter Fees — the fee schedule is due for a review and increase to keep up with the raising costs of operations. ANIMAL POPULATION The population has increased by approximately 200 animals since 2009 PERMISSIBILITY 6.02.030 -Authority to set fees and charges. -The city council may, from time to time, by resolution, establish a schedule of fees and charges for services performed and licenses issued under this Title.The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses. (Ord. 738 § I (part), 2005) Animal Services Fee Schedule Update - 2016* Service Current Rate Proposed Rate Change %Change Units Served Revenue Increase ADOPTIONS !ea ' • 11 $100.00 $5.00 5.26% 189 •4• • Cats • 11 $100.00 $5.00 5,26% 319 $ 1,595.00 Bam Cat $0,00 $25.00 $25,00 100,00% 1 IMPOUNDS (DogslCats) Hobby Non -Profit $0.00 $50.00 $50.00 100,00% 0 $ - Commercial Ist impound $35.00 $40.00 $5.00 14.29% 565 $ 2,825.00 2nd impound $60.00 $65.00 $5.00 8.33% 0 $ - Board $12.00 $15.00 $3.00 25.00% 0 $ - Vet Care VAX $6.00 $10.00 $4.00 66.67% 0 $ - Vet Care Blood $10.00 $15.00 $5.00 50.00% 0 $ - Sm Animal Impound $0.00 $10.00 $10.00 100.00% 13 $ 126.67 Sm Animal Board $0.00 $5.00 $5.00 100.00% 0 $ - SURRENDER Dog/Cat - Un Altered $50.00 $65.00 $15.00 30.00% 0 $ - Dog/Cat - Altered $30.00 $40.00 $10.00 33.33% 250 $ 2,496.67 EUTHANASIA Owner Request 1 $100.00 $50.00 -$50.00 -50.00% 21 $ (1,050.00) LICENSES Hobby Non -Profit $0.00 $50.00 $50.00 100,00% 0 $ - Commercial Dog/Cat - Altered $12.00 $18.00 $6.00 50.00% 4168 $ 25,006.00 Dog/Cat - Unaltered $30.00 $36.00 $6.00 20.00% 1207 $ 7,244.00 Senior/Disbaled 9 pet $0.00 $6.00 $6.00 100.00% 0 $ - Late Fee $15.00 $25.00 $10.00 66.67% 0 $ - Potentially Dangerous $0.00 $50.00 $50.00 100.00% 0 $ - Dangerous $0.00 $150.00 $150.00 100.00% 0 $ - KENNEL FEES Hobby Non -Profit $0.00 $50.00 $50.00 100,00% 0 $ - Commercial $0.00 $250.00 $250.00 100.00% 0 $ - Pet Shop $0.00 $250.00 $250.00 100.00% 0 $ - TOTAL REVENUE INCREASE $ 39,190.00 REVENUE Increase in revenue by $39,000. Help fund alternative programs. Allow for succession planning in animal services with staffing. Keep up with minimum wage increases. n ERT IN -"N 1962 ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 10 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: January 24, 2017 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Darcy Drolet, Executive Asst. to the City Manager Agenda Title: 2017 City Council Committee Appointments and Liaison Assignments to Various Outside Agencies RECOMMENDED ACTIONS: 1.) Announce Mayor's assignment of Councilmembers to the City's various standing, ad hoc committees and liaison assignments; and 2.) Confirm the Mayor's appointment of Councilmembers to various outside agencies and liaison assignments. BACKGROUND: Each year with the seating of a new Mayor, councilmember assignments to City committees as well as liaison assignments and outside agency appointments are considered. The City Council Protocols outline the purpose, process and procedures for committee formation, assignments, and appointments. City Committees The City Council forms internal committees (standing and ad hoc) from time to time with the purpose of studying, investigating, and making recommendations to the full Council regarding specific topics relevant to the organization. The differentiating factor in determining whether a Standing Committee or an Ad Hoc Committee is more appropriate is contingent upon the anticipated duration of a proposed committee. Ad hoc committees are typically formed for a limited time of no more than 12 months and have a specific purpose outlined, whereas standing committees tend to be more enduring with a broader scope of duties defined. Per City Council Protocols (Attachment 1), when establishing an ad hoc committee, the Mayor designates the term of the committee and appoints councilmembers to each established committee. Liaison Assignments There are a number of internal and external agencies where councilmembers serve as liaisons. Examples include the Rohnert Park Chamber of Commerce, Golf Course Oversight Committee, Rohnert Park Library Advisory Board, and Senior Citizens Advisory Committee. Per the Protocols, these assignments are made by the Mayor. Outside Appointments The City is a member of a number of joint powers authorities, governmental agencies, and advisory groups. Examples include Russian River Watershed Association, Sonoma County [Version 2 - 12/18/20151 ITEM NO. Transportation Authority, Sonoma County Waste Management Agency, Redwood Empire Municipal Insurance Fund, Sonoma Clean Power, and the Water Advisory Committee. The City selects representatives to serve on the boards of these agencies. Per the Protocols, these appointments are made by the Mayor and confirmed by the City Council. At the January 24, 2017 City Council Meeting, appointments to committees, liaison assignments and outside agency appointments will be announced. The outside agency appointments require City Council confirmation per the Protocols. STRATEGIC PLAN ALIGNMENT: This item aligns with the City's Strategic Plan Goal A & C by facilitating participative leadership at all levels while also ensuring the effective delivery of public services. OPTIONS CONSIDERED: No other options were considered as these actions are governed by City Council Protocols. FISCAL IMPACT/FUNDING SOURCE: N/A Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 12/20/2016 Attachments (list in packet assembly order): 1. City Council Protocol References 2. List of Proposed Council Committee & Liaison Appointments for 2017 (to be distributed at meeting) 2 Attachment 1 City Council Protocols - References VIII. LIAISON ASSIGNMENTS The Mayor assigns liaisons to various outside agencies, committees, commissions, boards, and taskforces. 1. Unless acting in an official liaison capacity, individual Councilmembers should refrain from attending meetings organized or chaired by City staff which are not open to the public. 2. Liaisons are obligated to keep Council well informed on activities pertaining to Rohnert Park via the Council Committee and Other Reports at Council meetings. 3. City staff may serve as a liaison with the concurrence of the City Manager. IX. OUTSIDE AGENCY APPOINTMENTS The Mayor nominates and the City Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces. 1. An appointee's role is to represent the City on matters affecting the City of Rohnert Park. Appointees have no authority to appropriate City funds except as otherwise approved by the City Council. 2. Appointees are obligated to keep Council well informed via Council meetings or City staff. 3. Appointees are expected to attend meetings on a regular and consistent basis. 4. Each appointees serves at the pleasure of the City Council. Any City Councilmember may bring forward a proposal to remove an appointee. Three affirmative votes of the City Council are required to remove an appointee. 5. City staff may be appointed with the concurrence of the City Manager. X. COUNCIL COMMITTEES A. Purpose The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing committees and in other instances these are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees. B. Appointment Council committees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment. 1. Standing Committee is a committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council. Attachment 1 2. Ad Hoc Committee is a committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council. C. Conflict of Interest Should an appointee to a committee discover a conflict of interest with his/her appointment to the committee, that discovery will be communicated to the Mayor immediately. D. Committee Meetings Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The schedule of committee meetings will be promptly communicated to each committee member. Individual committee members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee's purpose without the knowledge of all committee members. E. Communications Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members. F. Committee Materials Meeting agendas will be compiled by staff with input from each committee member. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. G. Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each committee meeting are not required, committee findings and recommendations should be presented to the City Council in a written document. H. Staffing Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. Attachment 2 Rohnert Park City Council List of Proposed Committee & Liaison Appointments — 2017 Item to be Distributed at Meeting Rohnert Park City Council Committee & Liaison Assignments - 2017 Supplemental Items for City Council Meeting: �mlo l—ati— i % Standing Committees Mayor's Appointees 1. Economic Development Callinan/Belforte 2. Waste and Recycling Ahanotu/Stafford 3. Water/Wastewater Issues (to include Creek Master Plan Sub.) Mackenzie/Belforte 4. Education Mackenzie/Stafford Ad Hoc Committees Mayor's Appointees Note: Ad Hoc Committees may be formed from time to time for a specific purpose and limited duration. Committee to Review City Commission, 1' Mackenzie/Stafford Committee, and Board Member Terms of Office Liaison Assignments Mayor's Appointee Alternate 1. Chamber of Commerce (Board of Directors) Stafford Ahanotu 2. Golf Course Oversight Committee Callinan Belforte 3. Library Advisory Board Ahanotu Stafford 4. Senior Citizens Advisory Committee Belforte Ahanotu Mayor's Appointee Outside Agency Appointments (with Council confirmation) Alternate 1• Association of Bay Area Government (ABAG) General Assembly Mackenzie Stafford 2. Health Action Council Belforte Ahanotu 3. Legislative Committee (Mayors & Councilmembers) Belforte Mackenzie 4, Redwood Empire Municipal Insurance Fund (REMIF) Board Jenkins Perrault 5, Russian River Watershed Association (RRWA) Stafford Ahanotu 6. Sonoma County Transportation Authority/Regional Climate Mackenzie Belforte Protection Authority (SCTA/RCPA) 7. Sonoma County Waste Management Agency (SCWMA) Stafford Schwartz & Sonoma Clean Power Authority (SCP) Belforte Schwartz 9. Water Advisory Committee (WAC) Callinan Mackenzie Other Appointments Appointee/s Term Expires 1. Marin/Sonoma Mosquito & Vector Control District Paul Libeu 12/31/2016 2. Oversight Board Mackenzie/Pawson/Masterson 4. Sonoma County Library Commission Barbara Mackenzie 8/1/2018 Mayors & Councilmembers/City Selection Committee Appointments Appointee Term Expires 1, Association of Bay Area Government (ABAG) Executive Board Mackenzie 6/30/2017 2. City Selection Committee BOD (Mayoral appt. only) Mackenzie 12/2017 3. Golden Gate Bridge, Highway & Transportation District Belforte 3/2017 4. Metropolitan Transportation Commission (MTC) Mackenzie 2/2019 5. Remote Access Network (RAN) Board Mackenzie N/A 6. Sonoma County Local Agency Formation Commission (LAFCO) Stafford 5/2018 7. Sonoma Marin Area Rail Transit (SMART) (SCTA position) Mackenzie 2/10/2019 Page 1 of 1