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2017/02/28 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, February 28, 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 February 28, 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 Certificate of Recognition: Honoring Wes Claassen for His Volunteer Work and Outstanding Community Service 4. DEPARTMENT HEAD BRIEFING 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 6. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, February 14, 2017 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated February 28, 2017 C. City Council Resolutions for Adoption: 1. 2017-24 Authorizing the City Manager to Execute a Master Agreement for Consultant Services and Task Order 2017-01 with SSA Landscape Architects, Inc. for Project Management Services and Authorizing the Finance Director Make Appropriations and Increase Budgeted Revenue to Account For Developer Reimbursements 2. 2017-25 Approving of the Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency 3. 2017-26 Authorizing an Increase in Budget Appropriations from Senior Center Donations and Sports Center Capital Facility Fee Fund Council Motion/Vote City of Rohnert Park Joint Regular Meeting Agenda February 28, 2017 for City Council/RPFA/CDC Successor Agency Page 3 of 5 7. CLOSED SESSION A. Recess to Closed Session 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 (SEIU) 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): (One Case) B. Reconvene Joint Regular Meeting Open Session in Council Chamber C. Report On Closed Session (Government Code § 54957.1) 8. Discussion and Direction on Aquatics Program and Pool Facilities A. Staff Report B. Public Comment C. Council discussion/direction 9. PUBLIC HEARING (NO EARLIER THAN 6PM) Consideration of Animal Shelter Fee Schedule Update A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption: 2017-27 Approving an Increase to the Animal Shelter Fee Schedule a. Council motion/discussion/vote 10. PUBLIC HEARING (NO EARLIER THAN 6PM) INTRODUCTION OF ORDINANCE – An Ordinance Amending the Title and Sections 8.32.020 and 030 of Chapter 8.32 (Use of Tobacco) of the Municipal Code to Include Regulation of Electronic Cigarettes A. Staff Report B. Conduct Public Hearing C. Ordinance for Introduction and Reading of Title: 1. No. 904 An Ordinance of the City of Rohnert Park, California Amending Chapter 8.32 (Use of Tobacco) of the Municipal Code a. Council motion/discussion/roll call vote (Ahanotu — Belforte_ Callinan — Stafford — Mackenzie ) City of Rohnert Park Joint Regular Meeting Agenda February 28, 2017 for City Council/RPFAICDC Successor Agency Page 4 of 5 11. PUBLIC HEARING (NO EARLIER THAN 6PM) Statement of Costs and Special Assessment on 6400 State Farm Drive, Rohnert Park CA to Recover Nuisance Abatement Costs A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption: 2017-28 Approving a Statement of Costs and Declaring a Special Assessment Against the Vacant Real Property Located at 6400 State Farm Dr, Rohnert Park CA, APN 143-051-072 Pursuant to Rohnert Park Municipal Code 1.24.030, 1.27.060, and Government Code Sections 38773.5 a. Council motion/discussion/vote 12. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (2/21) 2. Library Advisory Board (2/21) 3. Russian River Watershed Association (RRWA) (2/24) 4. Sonoma County Waste Management Agency (SCWMA) (2/15) C. Other Reports 13. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 14. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 15. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 16. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda February 28, 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 February 28, 2017, Joint Regular Meeting of the Rohnert Park City CounciURPFA was posted and available for review on February 23, 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 23`d day of February, 2017, at Rohnert Park, California. Caitlin Saldanha, Deputy City Clerk ��pti3NFai P,y B� Cn [.ieox NlR certificate of Rerognt'tt'on 49OItor lift WES CLAASSEN for His Volunteer Work and Outstanding Community Service As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor Wes Claassen for 20 years of dedicated service and volunteer efforts to the Rohnert Park Senior Center. Wes has dedicated these past 20 years as the Sunshine Bus Driver for the Senior Transportation Program. At the end of March, Wes will be retiring as a volunteer. The staff and riders that have used this service are so thankful and appreciative of such a dedicated volunteer servant. He was always the perfect gentleman and greeted everyone with a smile. We deeply appreciate your committed efforts and thank you for your valued service to the senior community. ro AO Signed this 28th day of February, 2017 31ethe 41arken3je, vapor Date: CITY COUNCIL SPEAKER CARD la �l�� Agenda Item Name: Address,------,- (—, ., Phone: ' Topic:' Brief Summary of Com Li Al =1 C'0 /,6;- f See Cynthia McKinney: Grills Donald Rumsfeld The Tavistock Institute of Human Relations See Cynthia McKinney: 5000 shot in the head into which Tavistock's tentacles had not reached and that included every level of government from local to federal, industry, trade, education and the political institutions of the nation. Every mental and psychological aspect of the nation was . analyzed, recorded, profiled and stored in computer memory banks. What has come out of this is what Tavistock called "a three- systelp res -tense" how population groups react to stress resulting from "contrived situations" that become crisis management exercises. What we have in the U.S. and Britain is a government, that creates a situation viewed by its citizens as a crisis, and government then manages that "crisis." Pelosi, Dodd, Thompson, DeSaulnier, McNerney, Have all received this information in the last 10 days. Human Trafficking gaping children for money and power) is unacceptable. No more blind eyes. So Warrior Women need Get EXTREMELY LOUD in this nonpartisan ongoing CRIME! r* rt Fl - 58 5• CL M 0 3 ftb r* n X ly RAINBOW WOMEN WISDOM WARRIORS ARISE Nancy Pelosi... Representatives Mike Thompson... DeSalnier and McNerney so too Ron Turner rep for Senator Bill Dodd.. All received on Feb 18 "Investigation Information & Interview" by Private Investigator #16007 and they all were heard to have stated..... "O ... M .... G..."I It clarified ABSOLUTELY verifiable associations of Trump to convicted Billionaire pedophile Pimp going back to 1974 Billionaire Trump with Billionaire PIMP Jeff Epstein and Media Protection by Epstein's cousin, Billionaire Diane Feinstein.... Our so called senator.. so let us cut to the core Human and Heroin Trafficking been around forever........ by the super Wealthy with long purchased "protections" now to sever..... for I am goddamn tired of their "IMMUNIZED ENDEAVOR"... all Women Arise free of all Compromise as Warriors relentlessly CLEVER...... Back in the 1980's Supervisor Roger Boas caught arrested with girls about thirteen.... About to get busted once more by Officer Lester Garnier so Roger got murderously mean Lester Garnier RIP (Case Solved) c� y E You see the reason Boas got a "Get out of Jail Card" ....was because his "Superiors" rape children then disregard They arranged w the corrupted judge who was then WELL paid.... In addition to that Judge Timothy Reardon had already been videotaped/blackmailed w an underage girl he himself had laid.... And the families of all the young girls were paid 120,000 each so as to NOT take the STAND and share their RAPE Speech... Roger Boas for decades was the Bay Area's Human Trafficking underground Harboring master.... Which for so many young "slaved" prostituted and warehoused girls was a Lifelong disaster... Roger was the "partner" and conduit for Billionaire Pedophile "protected" Fantasy Island Pimp Jeffrey Epstein. Since 1974 very close to b. Clinton & d.Trump and cousin of diane Feinstein.. It was Roger Boas who paid certain "cops' to murder SF Officer Lester Garnier.... As it be truly true that many know who... but remain quiet serving fear... And today... because of Trump,Clinton,Feinstein, Epstein and their many counterparts in Pennsylvania.. Kathleen Kane, Pennsylvania's Attorney General has been set up and sent to prison for investigating many of these very same Traffickers... Trafficking by DC Power Elite has been ongoing for decades... see : "Cynthia McKinney grills Donald Rumsfeld" and most definitely see : "Monique Lessan Peter Tscherneff' and listen and listen well.THEN SCREAM this publicly to Break an ANCIENT SPELL ... LOUD as a CROWD < _ � I rot rot E r+ CD �w w .. ! e„ e c ;., m':. x ,. _. ALL CHILDREN ATTER ': _.• _: Pennsylvania Atty General Kathleen Kane was set up � Donny, Jeff & Billy — friends since 1974 By Jeff Epstein's cousin, Diane Feinstein in a 2 year, punk ass Billionaire E u Have been repeated visitors to J.stein's p p 2 million dollar smear campaign falsifying information Pedophile Pimp J. Epstein Ped Is protected by his longtime Pedophile Fantasy Island in the Caribbean To cover up America's premiere pedophile pimp (since 1974) silent partner So too, Roger Boas, who paid multiple children J. Epstein and his connections since 1974 to Donald Trump p p Billionaire D. Trump That he Victimized when arrested $120,000 each And Bill Clinton, Dennis Hastert, Roger Boas, and others To guarantee they wouldn't testify... FBI punk ass chief, Louis Freeh, pedophile, was given to And further protected by Epsteins while Judge Timothy Reardon was paid $200,000 Protect the 55 year ongoing Penn State MK Ultra International Cousin Billionaire D. Feinstein — Senator in addition to having been blackmailed Child Exploitation Operation which includes MUCH MORE than via video showing him with underage girls as well "Kids for Cash" case... Louis Freeh's lackey replacement, Comey,W FO - --- sulk, WE MW GEY TMAT� Reardon is more than rumored to vacation in the Is a piece of shit liar that is afraid of his own shadow. A YEAR AGO, ANP MAYBE A Ff1N BOYS COUlO Caribbean as well... NAVE BEN MOCESU SINCE HIEN.-. .... :_ Ted Gunderson RIP (murdered) Former LA FBI Chief is considered BUT WE VNPEW THAT BUSH WAS CRAZY FOR One of the best Special Agents ever, before 1992, when Bill Clinton 3 YEARS, Alli YK 11T 2700 SOLDIERS PIE... SO WMTS 71111 BIG PAL, Fired Director Sessions in favor of pedophile Louis Freeh... Lip See Ted Gunderson's YouTubes on pedophile corruption that rules Washington D.C. and still does today! 9 Y See. "Monique Lessan Peter Tscherneff' Listen to interview Connecting D Trump & B Clinton to Human Trafficking since 1974 METTA CENTER for NON-VIOLENCE.... METTACENTER.ORG Dennis Hastert Wants Sex -Abuse Accuser to Return Hush Money ... www. nbcnews,coml..-Idennis-hastert-wants-sex-abuse-accuser-return-hush-money-n7... Jan 19, 2017 - .!ailed former House Speaker Dennis Hastert says a man who accused hire of sexual ,. Premiere Pedoahile Pima Jeff Epstein's abuse should return $1.7 million in hush money because ... catalogue of children for which to procure "' J , Judge sentences serial child molester' Hastert to 15 months missingteens Sierra Lamar &Pearl Pinson The Child -Rape Assembly Line - VICE and thousands more over the last 40 years kt• https://www.vice.com/en us/article4he-child-rape-assembly-line-0000141-v2On11 SIE R Nov 11, 2013 - Rabbi Nuchem Rosenberg—who is 63 with a long, graying beard— "child it ,.,,, am ne) tan recently sat down with me to explain what he described as a -rape assembly °y'"` "10""' 67°0i'" on re10ax "'av' �01� at har nom N worW W Sim& vm got at " tM taw li" on sects of fundamentalist Jews.... A member of Brooklyn's Satmar line" among y *, ,,; M. a*M wa°°. She bink is � and , b PEARL PINSON � F�~ `•--�-'amentalist branch of Orthodox Judaism, Nuchem ... Nancy Pelosi Fuck politics... l don't want THIS on my soul See: Peter Tscherneff: "king of Masterpiece Theatre" � All true -hearted American women need GET LOUD ! See: David Shurter @ davidshurter.com . Publically, Very Loud... At all live streamed City Council See: Senator John DeCamp's "The Franklin Coverup" & County Supervisors meetings, and every Radio Talk Show See: Detective James Rothstein "Human Compromise" And please call me to see how YOU can motivate MY ASS Steven Seagal Health.... Medical.... Commonsense ..... Holistic.... S000... Robert Kennedy just offered for ANYONE in the media nationwide ONE HUNDRED THOUSAND $$$ to show any documentation verifying that the various insane ingredients in MANDATORY VACCINES were safe..... hundreds/thousands of documented proofs exist verifying they are not safe at all ... even worse, sterilizers & genocidals. In 1951 Big Pharma got into bed w Dept of Defense to Federally Mandate all farm animals be inoculated... for the health of people and the animals.... Sounds good... until one comprehends that sickness & slow death makes BIG Money so they, since 1951, piggy -backed 241 diseases, cancers and allergies right off the Fort Detrick APMD moneymaker playlist. Fort Detrick being where they secretly create diseases, plagues and more for military assaults upon populations... so these poisons usually designed to kick in within 10 to 14 years followed by slow lingering death so they can properly milk families via medical and insurance bills.... Sound familiar ??? Documents from Fort Detrick seem to verify all this as factual indeed... Just how many Holistic Doctors have been murdered, oops I mean suicided, oops I mean died under suspicious circumstances over the last 14 years ? Why is no one SPEAKING up on behalf of the 3 year 2.5 million $$ set-up by Diane Feinstein/jerry brown upon the very good Senator Leland Yee ??? He was demanding TRANSPARENCY in California politics and authored a Bill that would allow California care recipients to receive free Chiropractic..... and not only do Feinstein/Brown have MUCH to remain hidden... but they also have stock in Big Pharma, right ???? It is Time to 'Walk on Water Every True Hearted son & daughter The 40 Day School/Labor Strike Takes us All Higher The Fuse has been lit of this Spiritual Fire "The government has ceased to Function. the corporations are the goverrunent." Cynthia McKinney seemingly protected from on High, is still the most qualified public servant to be our President!... and if we possess even a smidgeon of courage we could make this HAPPEN! Wave of holistic doctor deaths continue: despite being 'hearty and healthy' Religious deception • see "famous Hispanic Vegans" "famous blac vegans" "famous biblical vegans"" famous vegans" y3Generals Bound bylraq 11 Now Guide Trump "In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, bv the military- industrial complex." —Dwight Eisenhower Never Ending Trillion Dollar Military Actions Paid for by 84% of our taxes ARE WE NUTS Or just BRAIN DEAD? Decide Now, We=are withholding our taxes!... POWER OF 10, AGREE WITH 10 FRIENDS, AND THEN DO IT AGAIN Ultimate RACISM & HATE Is what ` wir continue to participate In against other RACES by suWbrling the "slaughterhouse industry"... which tf we decoded to... we could "Cease for True peace' ...NOW Ill Angela Davis Affordable Care Act... Here's a FACT Is basically pharmaceutical poison pills that never, ever cure your ills No holistic doctors, nutritionists, or chiropractors. Senator Leland Yee authored a Bill that allowed Care Act recipients to receive FREE chiropractic. He was also demanding TRANSPARENCY in California politics. So Diane Feinstein spent $3 million employing the FBI to fabricate his DEMISE. Feinstein & Brown own Big Pharma stock. Luther Burbank Plant Genius Extraordinaire and Charles Schulz's Peanut Gang who were VEGANS all 55 years have shown us ALL that to maintain Youth & Vigor never ingest poison vaccinated rotting flesh. The Tavistock Institute of Human Relations 17 into which Tavistock's tentacles had not reached and that included every level of government from local to federal, industry, trade, education and the political institutions of the nation. Every mental and psychological aspect of the nation was . analyzed, recorded, profiled and stored in computer memory banks. What has come out of this is what Tavistock called "a three - system response" how population groups react to stress resulting from "contrived situations" that become crisis management exercises. What we have in the U.S. and Britain is a government, that creates a situation viewed by its citizens as a crisis, and government then manages that "crisis." An example of a "contrived situation" Crack the Whip via 40 Day Strike Promised Land's here as we like Feb 9th Everybody set to Play Rainbow Warriors earnestly Pray Setting All Sentient Slaves Free Embracing Action via Given Prophecy M n m Z m �a O 1 Z O Z O M Z m M f7 M Z m :D O ►Z7 G) Mendocino County jail psychiatrist Doug Rosoff who treated Aaron Bassler as an MK Ultra dupe who was manipulated to set off a huge military style search and kill party in the Mendocino forests. Dr Rosoff was upset and started talking about the Bassler setup via MK psychiatry in order to further gun controls, and mental health drug and incarceration impositions. So Dr. Rosoff was expediently terminated in an "accident for murder" scenerio. CITY COUNCIL SPEAKER CARD Date: Agenda Item M Name: Address: Phone: Topic: Brief Summary of Comments: See Reverse CITY COUNCIL SPEAKER CARD Date: -2 T Agenda Item #: Name:. Address: � / Phone:_ — Brief Summary of Comments: See Reverse 4.4�k01U4NERT AItem No. 6A1 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, February 14, 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 Mackenzie called the joint regular meeting to order at 5:01 pm, the notice for which being legally noticed on February 9, 2017. Present: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Amy O. Ahanotu, Councilmember Gina Belforte, Councilmember Absent: Joseph T. Callinan, Councilmember 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, Public Safety Commander Bates, Public Safety Commander Taylor, Planning Manager Beiswenger, Deputy City Engineer da Rosa, Senior Engineering Technician Marin, Senior Analyst Tacata, and Deputy City Clerk Saldanha. 2. PLEDGE OF ALLEGIANCE Led by Mayor Mackenzie. 3. PRESENTATIONS None. 4. SSU STUDENT REPORT Erin Jasper, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI) reported students will travel to Sacramento to support legislation such as Assembly Bill No. 4, Assembly Bill No. 10 and Assembly Bill No. 20 during the Student Lobby Core on March 10 — March 13, 2017. City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 2 of 7 5. DEPARTMENT HEAD BRIEFING City Manager Jenkins invited residents to participate in the Community Survey, which is available online at www.rpcity.or /survey. City Manager Jenkins also reported that over 500 people have taken the survey thus far and the survey will close in a few weeks. 6. PUBLIC COMMENTS Bill Petrie proposed the conversion of four (4) tennis courts into twelve (12) pickle ball courts at Sunrise Park and discussed various economic benefits from hosting pickle ball tournaments within the community. ACTION: By Consensus (none opposed; Callinan ABSENT), City Council directed the City Manager to refer this matter to the Parks and Recreation Commission for further discussion at their next meeting and submit recommendations to the Council. Rebekah Webster expressed her concerns regarding the lack of affordable housing in Rohnert Park and issues facing low income residents. 7. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, January 24, 2017 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated February 14, 2017 2. Successor Agency to the CDC Bills/Demands for Payment dated February 14, 2017 3. Complete Streets Annual Report 4. City - Cash Report for Month Ending December 2016 C. City Council Resolutions for Adoption: 1. 2017-014 Authorizing the City Manager to Execute Consultant Services Agreement with Economic & Planning Systems, Inc. (EPS) for a Housing Fee Study and Authorizing Finance Director to Effect Related Actions 2. 2017-015 Approving the City of Rohnert Park Current Pay Rates and Ranges Revised December 12, 2016 3. 2017-016 Authorizing the City Manager to Execute the Grant of Two Easements Through Public Property to BBHicks LLC for the Purpose of Driveway Access and Utility Access to 1212 Eric Court Access 4. 2017-017 Authorizing the City Manager to Execute a Memorandum of Understanding with County of Sonoma for Mitigation of Fire and Emergency Services Impacts Associated with the Graton Casino for Fiscal Years 2016-2017 through 2019-20 5. 2017-018 Authorizing the City Manager to Execute Task Order 2017-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services for the University District Project and Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account For Developer Reimbursements 6. 2017-019 Authorizing an Increase in the Change Order Authority for the Enterprise/Seed Farm Project (City Project No. 2014-04) City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 3 of 7 7. 2017-020 Approving the Position Title, Salary Range and Associated Job Description for Civil Engineer in the Development Services Department Driveway Access and Utility Access to 1212 Eric Court Access 8. 2017-021 Adopting a New Records Retention Schedule and Superseding Resolutions 90-161, 2000-107 and 2000-232 D. Adoption of 2017 Strategic Plan and Goals, 2016 Accomplishments, Best Practices, and Action Plan ACTION: Moved/seconded (Belforte/Ahanotu) to approve the Consent Calendar. Motion carried by the following 4-0-1 vote: AYES: Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Callinan. 8. Discuss and Provide Direction Regarding Proposed Capital Investment on the City Owned Foxtail Golf Course for Bunker Renovation City Manager Jenkins presented the item. Recommended Action(s): Direct staff to bring back an amendment to the golf course lease effecting an advance to the Capital Improvement Fund for the purposes of renovating the bunkers on the North Course. Public Comments: Tom Isaak, CourseCo Inc. Founder & CEO, supported the bunker renovation solutions suggested by staff and encouraged the improvement of golf course conditions because it will attract more tournament opportunities. Councilmember Belforte did not participate in the voting portion of this item as she had a potential conflict of interest due to the proximity of her home to the bunkers on the North Course. Councilmember Belforte left the meeting at 5:38 p.m. ACTION: Moved/seconded (Mackenzie/Stafford) to direct staff to move forward with the recommended action of bringing back an amendment to the golf course lease. Motion carried by the following 3-0-2 vote: AYES: Ahanotu, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Belforte and Callinan. Councilmember Belforte returned to the meeting at 5:40 p.m. 9. Approving a Budget Amendment for the Westside Public Safety Station Project (City Project 04-13) and Related Actions Development Services Director Pawson and Senior Engineering Technician Marin presented the item. Recommended Action(s): Approve a budget amendment and Task Order with LCA Architects which will expedite the delivery of the Westside Fire Station and the deployment of the new ladder truck. Public Comments: None. City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 7 ACTION: Moved/seconded (Ahanotu/Stafford) to adopt Resolution 2017-022 Approving a Budget Amendment for the Westside Public Safety Station Project (City Project 04-13) and Related Actions. Motion carried by the following 4-0-1 vote: AYES: Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Callinan. 10. Update on Various Traffic Studies Development Services Director Pawson presented the item and provided an update on the following three traffic studies: 1) Traffic Signal System Needs Study, 2) Traffic Flow Improvement Study and 3) Regional Traffic Impact Fee Study. Public Comments: Chris Meyer suggested changing lane structures on both Commerce Boulevard at Rohnert Park Expressway and Redwood Drive at Rohnert Park Expressway to alleviate traffic congestion. ACTION: By Consensus (none opposed; Callinan ABSENT), City Council received the update and directed staff to continue collecting data from the traffic studies in order to present the findings at a future meeting. Council also directed staff to implement the use of video stimulators and emphasize educational efforts in regards to roundabouts. 11. Acceptance of Comprehensive Annual Financial Report Fiscal Year 2015-16, and Proposition 4 Article XIII -B (GANN) Limit Agreed Upon Procedures Report for Fiscal Year 2016-17 Finance Director Howze presented the item. Recommended Action(s): Accept the Comprehensive Annual Financial Report (CAFR) for FY 2015-16 and Proposition 4 Article XIII -B (GANN) Limit Agreed -Upon Procedures Report for FY 2016-17. Public Comments: None. ACTION: Moved/seconded (Stafford/Belforte) to accept the Comprehensive Annual Financial Report (CAFR) for FY 2015-16 and Proposition 4 Article XIII -B (GANN) Limit Agreed -Upon Procedures Report for FY 2016-17. Motion carried by the following 4-0-1 vote: AYES: Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Callinan. 12. PUBLIC HEARING (NO EARLIER THAN 6PM — Noticed on 2/3/2017) University District Specific Plan, Low Density Setback and Open Space Amendments Planning Manager Beiswenger presented the item. Recommended Action(s): Adopt a Resolution approving amendments to the setback and open space requirements within the low density residential district of the University District Specific Plan. Prior to opening the Public Hearing, Mayor Mackenzie referenced Page 14 of the City Council Protocols which notes that a project applicant, appellant or any other person with a substantial City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 7 direct property interest may have a total of 15 minutes for his/her presentation, including a limit of 10 minutes for the actual presentation and 5 minutes for any concluding comments. Hearing Opened 7:01 p.m. Public Comments: Kevin Pohlson, Brookfield Homes, emphasized his support for the amendments to the University District Specific Plan and shared several maps along with draft floor plans (entered into record as Supplemental Item #12) with the Councilmembers. Mr. Pohlson also answered questions from the Councilmembers regarding courtyards, pop - ups and overall design of the new homes. Hearing Closed 7:15 p.m. ACTION: Moved/seconded (Belforte/Stafford) to adopt Resolution 2017-023 Approving University District Specific Plan Amendments to Setback and Open Space Requirements within the Low Density Residential District. Motion carried by the following 4-0-1 vote: AYES: Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: Callinan. 13. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports 1. Education Committee (2/3) Vice Mayor Stafford reported on the close working relationship between the committee and Cotati-Rohnert Park Unified School District (CRPUSD) on issues regarding shared parking lots near Burton Avenue and the entrance to Richard Crane Elementary School. Mayor Mackenzie also noted that members from the CRPUSD School Board were also present at the meeting, including Trustee Mark Orloff and Trustee Jennifer Wiltermood. Mayor Mackenzie and Councilmember Ahanotu both highlighted the importance of ongoing dialogue between City staff and CRPUSD. B. Liaison Reports 1. Sonoma Clean Power (2/2) Councilmember Belforte reported that Bruce Okrepkie (Town of Windsor) was voted as Chair and Dan Hamburg (County of Mendocino) was voted as Vice Chair of the Board of Directors. Councilmember Belforte also discussed the benefits of Community Choice Aggregations (CCAs) and shared information from the 2016 Annual Report. 2. Water Advisory Committee (WAQ (2/6) Development Services Director Pawson reported that the Sonoma County Water Agency is in the process of working on their budget and will have further updates in March. City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 6 of 7 Mayors & Councilmembers Association of Sonoma County (2/9) Mayor Mackenzie reported that various appointments were made at both the City Selection Committee and Board of Directors meetings. Mayor Mackenzie announced that letters of interest for the Local Agency Formation Commission (LAFCO) vacancy are due on February 27, 2017. Mayor Mackenzie also stated that a presentation was provided by Sonoma County and City of Santa Rosa on their cannabis regulations. City Manager Jenkins noted that a task force has been created to address issues surrounding Proposition 64, which includes staff members from the Rohnert Park Public Safety Department and Planning Division. 4. Sonoma County Transportation Authority (SCTA)(2/6) Mayor Mackenzie reported that an ad hoc committee has been formed to focus on the renewal of Measure M. Mayor Mackenzie also discussed the lane widening of Highway 101 and transportation funding. C. Other Reports Mayor Mackenzie reported that 1776 Musical is now playing at Spreckles Performing Arts Center and commended Theater Manager Gene Abryava's for his portrayal of Ben Franklin. Vice Mayor Stafford announced that showings for Annie Jr. have been extended due to rave reviews and encouraged members of the public to visit Spreckles Performing Arts Center. Vice Mayor Stafford reported that over 250 people attended the crab feed hosted by the Chamber of Commerce. Councilmember Belforte reported on the Health Action Council and announced that the Rohnert Park Health Center signed an MOU with the school district which will provide a wide range of health services to students. Councilmember Belforte also reported that the Rohnert Park Health Center will offer free dental care, behavioral health services without any referral necessary, chiropractor services and serve as a food distribution center. 14. COMMUNICATIONS Councilmember Belforte announced that Senior Center Advisory Commissioner, Lori Abbott, was featured in the Press Democrat for her flower designs and acknowledged for her work at the Community Center. 15. MATTERS FROM/FOR COUNCIL None. 16. PUBLIC COMMENTS None. City of Rohnert Park Joint Regular Meeting Minutes February 14, 2017 for City Councit/Rohnert Park Financing Authority/Successor Agency Page 7 of 7 17. CLOSED SESSION A. Mayor Mackenzie made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 7:43 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 (SEIU) 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 Real Property Negotiators (Government Code §54956.8) Property: 6250 Lynne Conde Way (APN: 143-051-078) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Brett Lear, Sonoma County Library Director Under Negotiation: Price and Terms of Payment 3. Conference with Real Property Negotiators (Government Code §54956.8) Property: 435 Southwest Blvd. (APN: 143-370-010) City Negotiator: Darrin Jenkins, City Manager Negotiating Parties: Robert Haley, Cotati-Rohnert Park Unified School District Superintendent B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 8:59 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Mackenzie reported: no reportable action. 18. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 8:59 p.m. Caitlin Saldanha, Deputy City Clerk City of Rohnert Park Jake Mackenzie, Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE February 28, 2017 Check Numbers: 237543-237782 Dated: February 3, 2017 - February 21, 2017 $1,725,437.16 TOTAL $1,725,437.16 Accounts Checks for Approval User: mpadilla Printed 2/21/2017 - 8:48 AM Check Check Date Fund Name 237543 02/07/2017 General Fund Account Name Vendor Name Mgmt Med Reimb- Retiree Med Check Total 237544 02/07/2017 General Fund Spec Dept Exp - RPCC Aramark 02/07/2017 237551 02/07/2017 237551 Check Total: 237545 02/07/2017 Capital Projects Fund PR -70 Comm Ctr Roof Replacment Best Contracting Service Inc. 237545 02/07/2017 2007R /PFF Loan Repaymts PR -87 SpC Exterior Best Contracting Service Inc. 237545 02/07/2017 Capital Projects Fund Retention Payable - CIP Best Contracting Service Inc. 237545 02/07/2017 2007R /PFF Loan Repaymts Retention Payable - Bond3 Best Contracting Service Inc. Check Total: 237546 02/07/2017 General Fund Mgmt Med Reimb- Retiree Med Check Total: 237547 02/07/2017 General Fund Mgmt Med Reimb- Retiree Med Check Total: 237548 02/07/2017 General Fund Repairs & Maint Routine -RPCC CASCO Check Total: 237549 02/07/2017 General Fund Telephone & Internet- SrC Comcast 237550 02/07/2017 237551 02/07/2017 237551 02/07/2017 237551 02/07/2017 237551 02/07/2017 237551 02/07/2017 General Fund Mgmt Med Reimb- Retiree Med Check Total: Check Total: General Fund Spec Dept Exp - SpC Fishman Supply Company General Fund Spec Dept Exp - H Pool Fishman Supply Company General Fund Spec Dept Exp -BARC Fishman Supply Company General Fund Spec Dept Exp - H Pool Fishman Supply Company General Fund Spec Dept Exp - Gold Ridge Fishman Supply Company Page 1 of 25 Void Amount 629.40 629.40 101.39 101.39 43,594.91 46,935.00 -2,179.75 -2,346.75 86,003.41 1,020.84 1,020.84 1,422.62 1,422.62 154.00 154.00 49.87 49.87 1,000.83 1,000.83 -21.58 25.24 77.47 49.99 54.74 Check Check Date Fund Name 237551 02/07/2017 General Fund 237551 02/07/2017 General Fund 237552 02/07/2017 General Fund 237553 02/07/2017 Capital Projects Fund 237554 02/07/2017 General Fund 237555 02/07/2017 General Fund 237556 02/07/2017 General Fund 237557 02/07/2017 General Fund 237558 02/07/2017 General Fund 237559 02/07/2017 General Fund 237560 02/07/2017 Water Utility Fund 237561 02/07/2017 General Fund 237562 02/07/2017 General Fund 237563 02/07/2017 General Fund Account Name Vendor Name Void Amount Spec Dept Exp - RPCC Fishman Supply Company 33.03 Spec Dept Exp - RPCC Fishman Supply Company 22.79 Check Total: 241.68 Mgmt Med Reimb- Retiree Med 401.60 Check Total: 401.60 PR -73 PAC HVAC Replacement GHD 14,983.68 Check Total: 14,983.68 Mgmt Med Reimb- Retiree Med 819.45 Check Total: 819.45 Mgmt Med Reimb- Retiree Med 418.71 Check Total: 418.71 Mgmt Med Reimb- Retiree Med 227.00 Check Total: 227.00 Contract Svcs - SrC The Hitmen Termite & Pest Control 60.00 Check Total: 60.00 Mgmt Med Reimb- Retiree Med 697.20 Check Total: 697.20 Mgmt Med Reimb- Retiree Med 754.71 Check Total: 754.71 Uniform & Boot purchase Innovative Screen Printing 369.75 Check Total: 369.75 Mgmt Med Reimb- Retiree Med 450.27 Check Total: 450.27 Mgmt Med Reimb- Retiree Med 504.80 Check Total: 504.80 Mgmt Med Reimb- Retiree Med 495.80 Check Total: 495.80 Page 2 of 25 Check Check Date Fund Name 237564 02/07/2017 General Fund 237565 02/07/2017 General Fund 237566 02/07/2017 Capital Projects Fund 237567 02/07/2017 General Fund 237568 02/07/2017 General Fund 237569 02/07/2017 General Fund 237570 02/07/2017 General Fund 237571 02/07/2017 General Fund 237572 02/08/2017 General Fund 237572 02/08/2017 General Fund 237573 02/09/2017 Water Utility Fund 237573 02/09/2017 Sewer Utility Fund 237574 02/14/2017 General Fund 237574 02/14/2017 Capital Projects Fund 237574 02/14/2017 General Fund 237574 02/14/2017 Water Utility Fund 237574 02/14/2017 Sewer Utility Fund 237575 02/14/2017 General Fund 237575 02/14/2017 Rent Appeals Board Account Name Vendor Name Void Amount Mgmt Med Reimb- Retiree Med 549.32 Check Total: 549.32 Mgmt Med Reimb- Retiree Med 1,298.80 Check Total: 1,298.80 PR -76a A Park Restroom RGA Environmental Inc. 1,630.00 Check Total: 1,630.00 Mgmt Med Reimb- Retiree Med 223.57 Check Total: 223.57 Mgmt Med Reimb- Retiree Med 734.67 Check Total: 734.67 Contract Svcs - RPCC Randy Snyder 714.00 Check Total: 714.00 Mgmt Med Reimb- Retiree Med 1,372.84 Check Total: 1,372.84 Mgmt Med Reimb- Retiree Med 871.70 Check Total: 871.70 Def Comp Payable-Gw Nationwide Retirement Solutions 400.00 Def Comp Payable-Gw Nationwide Retirement Solutions 200.00 Check Total: 600.00 Training & Travel - WTR Mark Hendersen 122.01 Training & Travel -SWR Mark Hendersen 122.01 Check Total: 244.02 Contract Svcs - DS BOLT STAFFING SERVICE INC. 926.59 University Dist. Specific Plan BOLT STAFFING SERVICE INC. 29.89 Contract Svcs - FIN BOLT STAFFING SERVICE INC. 956.48 Contractual Svs - Water BOLT STAFFING SERVICE INC. 358.68 Contractual Svs -Sewer BOLT STAFFING SERVICE INC. 358.68 Check Total: 2,630.32 Legal Svcs - Legal Burke, Williams & Sorensen, LLP 5,939.44 Legal Svcs - RAB/Non-Petition Burke, Williams & Sorensen, LLP 5,833.88 Page 3 of 25 Check Check Date Fund Name Account Name Vendor Name Void Amount 237575 02/14/2017 Capital Projects Fund Sonoma Mtn Village Project Burke, Williams & Sorensen, LLP 8,266.78 237575 02/14/2017 Capital Projects Fund University Dist. Specific Plan Burke, Williams & Sorensen, LLP 5,033.08 237575 02/14/2017 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 7,385.57 237575 02/14/2017 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP -7,385.57 237575 02/14/2017 General Fund 2297 Expenses - DS Burke, Williams & Sorensen, LLP 7,385.57 237575 02/14/2017 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 2,340.38 237575 02/14/2017 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP -2,340.38 237575 02/14/2017 General Fund 2297 Expenses - DS Burke, Williams & Sorensen, LLP 2,340.38 237575 02/14/2017 Capital Projects Fund Southeast Dist. Specific Plan Burke, Williams & Sorensen, LLP 1,031.29 237575 02/14/2017 General Fund Developer Refundable Deposits Burke, Williams & Sorensen, LLP 9,643.40 237575 02/14/2017 General Fund 2297 Revenue - DS Burke, Williams & Sorensen, LLP -9.643.40 237575 02/14/2017 General Fund 2297 Expenses - DS Burke, Williams & Sorensen, LLP 9,643.40 237575 02/14/2017 General Fund Legal Svcs - DS Burke, Williams & Sorensen, LLP 478.40 237575 02/14/2017 Rent Appeals Board Legal Svcs - RAB/Non-Petition Burke, Williams & Sorensen, LLP 2,878.64 Check Total: 48,830.86 237576 02/14/2017 ISF - Fleet Veh Repairs for Fire -Fleet Burton's Fire, Inc. 3,210.16 237576 02/14/2017 ISF - Fleet Veh Repairs for Fire -Fleet Burton's Fire, Inc. -10.76 237576 02/14/2017 General Fund Sales Tax Payable Burton's Fire, Inc. 10.76 Check Total: 3,210.16 237577 02/14/2017 General Fund Training & Travel - Parks CJPRMA 260.00 237577 02/14/2017 General Fund Training & Travel - Parks CJPRMA 170.00 Check Total: 430.00 237578 02/14/2017 Sewer Utility Fund Printing Services County of Sonoma 467.18 237578 02/14/2017 Water Utility Fund Printing - Water County of Sonoma 467.18 237578 02/14/2017 Sewer Utility Fund Printing Services County of Sonoma 667.85 237578 02/14/2017 Water Utility Fund Printing - Water County of Sonoma 667.85 237578 02/14/2017 General Fund Printing Services - Finance County of Sonoma 1,599.31 Check Total: 3,869.37 237579 02/14/2017 ISF - Fleet Veh Repairs for AS -Fleet Downtown Autobody 271.88 Check Total: 271.88 237580 02/14/2017 PFFP Fund Dowdell Mitig Monitoring-NonCP Dudek 637.50 237580 02/14/2017 Capital Projects Fund Sonoma Mtn Village Project Dudek 2,628.95 237580 02/14/2017 General Fund Developer Refundable Deposits Dudek 4,276.45 237580 02/14/2017 General Fund 2297 Revenue - DS Dudek -4,276.45 237580 02/14/2017 General Fund 2297 Expenses - DS Dudek 4,276.45 237580 02/14/2017 Capital Projects Fund University Dist. Specific Plan Dudek 773.75 237580 02/14/2017 General Fund Developer Refundable Deposits Dudek 1,718.75 Page 4 of 25 Check Check Date Fund Name 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237580 02/14/2017 General Fund 237581 02/14/2017 237581 02/14/2017 237582 02/14/2017 237582 02/14/2017 237583 02/14/2017 237583 02/14/2017 237584 02/14/2017 237585 02/14/2017 237586 02/14/2017 237587 02/14/2017 237588 02/14/2017 237589 02/14/2017 237590 02/14/2017 General Fund General Fund Account Name Vendor Name Void 2297 Revenue - DS Dudek 2297 Expenses - DS Dudek Developer Refundable Deposits Dudek 2297 Revenue - DS Dudek 2297 Expenses - DS Dudek Developer Refundable Deposits Dudek 2297 Revenue - DS Dudek 2297 Expenses - DS Dudek General Fund Check Total: Repairs & Maint Routine - CH First Alarm Securities Services Repairs & Maint Routine - CH First Alarm Securities Services Water Utility Fund Check Total: General Fund Spec Dept Exp - CH First Choice General Fund Spec Dept Exp - CH First Choice Check Total: Capital Projects Fund Retention Payable - CIP GHILOTTI CONSTRUCTION CO Capital Projects Fund TR -99 RPX Rehab Ph 2 GHILOTTI CONSTRUCTION CO Check Total: General Fund Contract Svcs - RPCC Bettyjane Hotaling Check Total: Water Utility Fund Meters & Supplies NEW connecti National Meter & Automation, Inc. Check Total: General Fund Office Equip - CH Office Depot Check Total: General Fund Contract Svcs - Police Sonoma County Public Safety Consortium Check Total: General Fund Contract Svcs - CH ThyssenKrupp Elevator Corporation Check Total: General Fund Productions - Production Tuacahn Center for the Arts Check Total: General Fund Contract Svcs - PW Aramark Page 5 of 25 Amount -1,718.75 1,718.75 663.75 -663.75 663.75 1,286.25 -1,286.25 1,286.25 11,985.40 175.00 175.00 350.00 48.95 108.85 157.80 36,833.00 -2.01 36,830.99 6,560.26 6,560.26 41,881.00 41,881.00 657.76 657.76 46,733.00 46, 73 3.00 332.82 332.82 4,000.00 4,000.00 43.16 Check Check Date Fund Name Account Name Vendor Name Void Amount 237590 02/14/2017 Water Utility Fund Contractual Svs - Water Aramark 37.80 237590 02/14/2017 General Fund Contract Svcs - Streets Aramark 19.18 237590 02/14/2017 Wilfred Widening Maintenc JEP Contractual Svcs Wilfred JEPA Aramark 8.63 237590 02/14/2017 General Fund Contract Svcs - Parks Aramark 56.74 Check Total: 165.51 237591 02/14/2017 General Fund Printing Svcs - NonDept BARLOW PRINTING INC. 1,475.60 Check Total: 1,475.60 237592 02/14/2017 General Fund Spec Dept Exp - Parks The Barricade Company 217.54 237592 02/14/2017 General Fund Spec Dept Exp - Parks The Barricade Company 86.18 237592 02/14/2017 General Fund Spec Dept Exp - Parks The Barricade Company 0.40 237592 02/14/2017 General Fund Sales Tax Payable The Barricade Company -0.40 Check Total: 303.72 237593 02/14/2017 Water Utility Fund Legal Svcs - Water Burke, Williams & Sorensen, LLP 142.50 237593 02/14/2017 Sewer Utility Fund Legal Svcs - Sewer Burke, Williams & Sorensen, LLP 1,956.22 237593 02/14/2017 Refuse Utility Fund Legal Expense - Refuse Burke, Williams & Sorensen, LLP 1,067.04 Check Total: 3,165.76 237594 02/14/2017 General Fund Repairs & Maint Routine - SrC Castino Restaurant Equipment & Supply Inc 649.51 Check Total: 649.51 237595 02/14/2017 General Fund Spec Dept Exp - Streets City Electric Supply 2,035.80 Check Total: 2,035.80 237596 02/14/2017 PFFP Fund SubR Expansion Debt Service City of Santa Rosa 44,719.00 237596 02/14/2017 Sewer Utility Fund Laguna Plant - Sewer City of Santa Rosa 718,098.64 Check Total: 762,817.64 237597 02/14/2017 General Fund Unleaded Fuel Inventory Flyers Energy 581.44 237597 02/14/2017 General Fund Gas & Oil - Police Flyers Energy 1,058.07 237597 02/14/2017 General Fund Unleaded Fuel Inventory Flyers Energy 1,160.82 Check Total: 2,800.33 237598 02/14/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 143.37 237598 02/14/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 0.66 237598 02/14/2017 General Fund Sales Tax Payable Friedman's Home Improvement -0.66 237598 02/14/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 12.66 237598 02/14/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 0.06 237598 02/14/2017 General Fund Sales Tax Payable Friedman's Home Improvement -0.06 237598 02/14/2017 General Fund Spec Dept Exp - Parks Friedman's Home Improvement 28.21 Page 6 of 25 Check Check Date Fund Name Account Name 237598 02/14/2017 General Fund Spec Dept Exp - Parks 237598 02/14/2017 General Fund Sales Tax Payable Vendor Name Friedman's Home Improvement Friedman's Home Improvement Check Total: 237599 02/14/2017 Capital Projects Fund 2015-16 Varous Street Main GHD 237599 02/14/2017 Capital Projects Fund Street Smart RP GHD 237599 02/14/2017 Capital Projects Fund Street Smart RP GHD 237599 02/14/2017 Capital Projects Fund 2015-16 Varous Street Main GHD 237599 02/14/2017 Capital Projects Fund Street Smart RP GHD 237599 02/14/2017 Capital Projects Fund 2015-16 Varous Street Main GHD 237599 02/14/2017 Capital Projects Fund Street Smart RP GHD 237599 02/14/2017 Capital Projects Fund 2015-16 Varous Street Main GHD 237600 02/14/2017 General Fund Spec Dept Exp - Parks Grainger Inc. 237600 02/14/2017 General Fund Spec Dept Exp - Parks Grainger Inc. 237600 02/14/2017 General Fund Sales Tax Payable Grainger Inc. 237600 02/14/2017 General Fund Repairs & Maint Routine -H Pool Grainger Inc. 237600 02/14/2017 General Fund Spec Dept Exp - Streets Grainger Inc. 237601 02/14/2017 General Fund Spec Dept Exp - Parks Horizon 237601 02/14/2017 General Fund Spec Dept Exp - Parks Horizon 237601 02/14/2017 General Fund Sales Tax Payable Horizon 237601 02/14/2017 General Fund Spec Dept Exp - Parks Horizon 237601 02/14/2017 General Fund Spec Dept Exp - Parks Horizon 237601 02/14/2017 General Fund Sales Tax Payable Horizon 237602 02/14/2017 General Fund 237602 02/14/2017 Water Utility Fund 237602 02/14/2017 General Fund 237602 02/14/2017 General Fund 237602 02/14/2017 Water Utility Fund 237602 02/14/2017 General Fund 237603 02/14/2017 Sewer Captial Project Fund 237604 02/14/2017 General Fund 237604 02/14/2017 General Fund Spec Dept Exp - Parks Spec Dept Exp - Water Spec Dept Exp - Parks Sales Tax Payable Spec Dept Exp - Water Sales Tax Payable Retention Payable -SWR CIP Spec Dept Exp - Parks Spec Dept Exp - Parks Check Total: Check Total: Check Total: Innovative Screen Printing Innovative Screen Printing Innovative Screen Printing Innovative Screen Printing Innovative Screen Printing Innovative Screen Printing Check Total: Insituform Technologies Check Total= John Deere Financial John Deere Financial Page 7 of 25 Void Amount 0.13 -0.13 184.24 66.88 66.87 220.75 220.75 716.50 716.50 128.01 128.00 2,264.26 216.81 -0.02 0.02 11.19 194.78 422.78 199.00 0.92 -0.92 431.03 1.99 -1.99 630.03 182.70 182.70 -0.42 0.42 -0.42 0.42 365.40 22,663.10 22,663.10 6.82 0.03 Check Check Date Fund Name Account Name Vendor Name 237604 02/14/2017 General Fund Sales Tax Payable John Deere Financial Check Total: 237605 02/14/2017 General Fund Self Insured Losses -Parks Kelly Moore Paint Company Inc 237605 02/14/2017 General Fund Self Insured Losses -Parks Kelly Moore Paint Company Inc 237605 02/14/2017 General Fund Sales Tax Payable Kelly Moore Paint Company Inc Check Total:. 237606 02/14/2017 General Fund Repairs & Maint Routine - CH Pace Supply 237606 02/14/2017 General Fund Repairs & Maint Routine-Librar Pace Supply Check Total: 237607 02/14/2017 General Fund PG&E - Streets Pacific Gas & Electric 237607 02/14/2017 General Fund PG&E - Streets Pacific Gas & Electric 237607 02/14/2017 General Fund PG&E - Streets Pacific Gas & Electric 237607 02/14/2017 General Fund PG&E - Parks Pacific Gas & Electric 237607 02/14/2017 General Fund PG&E - Streets Pacific Gas & Electric Check Total: 237608 02/14/2017 General Fund Repairs & Maint Routine - CH PETERSON MECHANICAL INC Check Total: 237609 02/14/2017 General Fund Spec Dept Exp - Parks Redwood Lock Inc. Check Total: 237610 02/14/2017 General Fund Repairs & Maint Routine-Librar Refrigeration Supplies Distributor 237610 02/14/2017 General Fund Repairs & Maint Routine-Librar Refrigeration Supplies Distributor 237610 02/14/2017 General Fund Sales Tax Payable Refrigeration Supplies Distributor Check Total: 237611 02/14/2017 General Fund Spec Dept Exp - Parks Sherwin Williams 237611 02/14/2017 General Fund Spec Dept Exp - Parks Sherwin Williams Check Total: 237612 02/14/2017 General Fund Spec Dept Exp - Streets Vaider Inc Check Total: 237613 02/14/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 237613 02/14/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni 237613 02/14/2017 General Fund Sales Tax Payable Wheeler Zamaroni 237613 02/14/2017 General Fund Spec Dept Exp - Streets Wheeler Zamaroni Page 8 of 25 Void Amount -0.03 6.82 86.57 -0.01 0.01 86.57 19.01 429.33 448.34 57.82 115.37 61.33 49.52 13.47 297.51 1,315.00 1,315.00 91.14 91.14 161.20 -1.43 1.43 161.20 49.56 21.11 70.67 100.00 100.00 225.94 1.04 -1.04 225.94 Check Check Date Fund Name 237613 02/14/2017 General Fund 237613 02/14/2017 General Fund 237613 02/14/2017 General Fund 237613 02/14/2017 General Fund 237613 02/14/2017 General Fund 237614 02/15/2017 237615 02/15/2017 237616 02/15/2017 237617 02/15/2017 237618 02/15/2017 237619 02/15/2017 237619 02/15/2017 237619 02/15/2017 237620 02/15/2017 237620 02/15/2017 237620 02/15/2017 237621 02/15/2017 237621 02/15/2017 237622 02/15/2017 237622 02/15/2017 General Fund General Fund General Fund General Fund General Fund Sewer Utility Fund Sewer Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund 237623 02/15/2017 General Fund Account Name Vendor Name Spec Dept Exp - Streets Wheeler Zamaroni Sales Tax Payable Wheeler Zamaroni Spec Dept Exp - Streets Wheeler Zamaroni Spec Dept Exp - Streets Wheeler Zamaroni Sales Tax Payable Wheeler Zamaroni Fundraising E - PAC Check Total: Contract Svcs - Police- American Medical Response Inc Check Total: Spec Dept Exp - RPCC Aramark Check Total: Spec Dept Exp - RPCC Associated Services Check Total: Telephone & Internet- H Pool AT&T Check Total: Fundraising E - PAC Steven Barker Check Total: Repairs & Maint Routine -Sewer Buckles -Smith Electric Co. Repairs & Maint Routine -Sewer Buckles -Smith Electric Co. Sales Tax Payable Buckles -Smith Electric Co. Check Total: Office Equip - Police CDW Government Office Equip - Police CDW Government Sales Tax Payable CDW Government Check Total: Spec Dept Exp - SpC Fishman Supply Company Spec Dept Exp - SpC Fishman Supply Company Check Total Rec L1 Liability Ins Clearing HUB International Rp Community - RPCC HUB International Check Total: Rpr & Maint Non-Routine-PSMain Kone Inc Page 9 of 25 Void Amount 1.04 -1.04 326.38 1.51 -1.51 778.26 200.00 200.00 101.39 101.39 8.0.0 8.00 74.86 74.86 1,250.00 1,250.00 39.36 0.35 -0.35 39.36 242.95 1.02 -1.02 242.95 106.76 63.09 169.85 2,440.00 -334.94 2,105.06 1,143.66 Check Check Date Fund Name 237624 02/15/2017 General Fund 237625 02/15/2017 General Fund 237626 02/15/2017 General Fund 237627 02/15/2017 General Fund 237627 02/15/2017 General Fund 237628 02/15/2017 General Fund 237629 02/15/2017 General Fund 237630 02/15/2017 Water Utility Fund 237631 02/15/2017 General Fund 237631 02/15/2017 General Fund 237632 02/15/2017 General Fund 237632 02/15/2017 General Fund 237632 02/15/2017 General Fund 237633 02/15/2017 General Fund 237634 02/15/2017 General Fund 237634 02/15/2017 General Fund 237634 02/15/2017 General Fund Account Name Vendor Name Void Amount Check Total: 1,143.66 Contract Svcs - SpC Julie McIntyre 259.88 Check Total: 259.88 PG&E - Streets Pacific Gas & Electric 63.30 Check Total: 63.30 Police/Armory - Police Proforce Law Enforcement 2,662.60 Check Total: 2,662.60 Uniforms - Police Santa Rosa Uniform & Career Apparel 232.08 Uniforms - Police Santa Rosa Uniform & Career Apparel 323.28 Check Total: 555.36 Contract Svcs - Fire Services Department Sonoma County Fire and 2,000.00 Check Total: 2,000.00 Printing Services - Finance Ad Vantage Marketing 59.68 Check Total: 59.68 Equipment Rental - Water The Barricade Company 280.00 Check Total: 280.00 Uniforms - Police BPS Tactical, Inc. 7,961.19 Uniforms - Police BPS Tactical, Inc. 494.40 Check Total: 8,455.59 Developer Refundable Deposits BRELJE & RACE CONSULTING 1,200.00 2297 Expenses - DS BRELJE & RACE CONSULTING 1,200.00 2297 Revenue - DS BRELJE & RACE CONSULTING -1,200.00 Check Total: 1,200.00 Gas & Oil - Police Chevron and Texaco Business Card Services 122.70 Check Total: 122.70 Contract Svcs - DS COAST LANDSCAPE 2,990.00 Contract Svcs - DS COAST LANDSCAPE 2,786.00 Contract Svcs - DS COAST LANDSCAPE 494.00 Check Total: 6,270.00 Page 10 of 25 Check Check Date Fund Name 237635 02/15/2017 Capital Projects Fund 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237636 02/15/2017 237637 02/15/2017 237638 02/15/2017 237638 02/15/2017 237638 02/15/2017 237638 02/15/2017 237639 02/15/2017 237640 02/15/2017 237641 02/15/2017 Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund General Fund General Fund General Fund Capital Projects Fund General Fund General Fund General Fund Capital Projects Fund Capital Projects Fund General Fund General Fund Capital Projects Fund Capital Projects Fund General Fund General Fund General Fund Capital Projects Fund General Fund Sewer Utility Fund Account Name 1401 Snyder non -capital University Dist. Specific Plan Southeast Dist. Specific Plan University Dist. Specific Plan University Dist. Specific Plan Developer Refundable Deposits 2297 Expenses - DS 2297 Revenue - DS University Dist. Specific Plan 2297 Expenses - DS Developer Refundable Deposits 2297 Revenue - DS University Dist. Specific Plan University Dist. Specific Plan Contract Svcs - DS Contract Svcs - DS University Dist. Specific Plan University Dist. Specific Plan Developer Refundable Deposits 2297 Revenue - DS 2297 Expenses - DS TR -109 N Snyder Rehab Gas & Oil - Police Small Tools - Sewer 237642 02/15/2017 Capital Projects Fund TR -99 RPX Rehab Ph 2 237642 02/15/2017 Capital Projects Fund University Dist. Specific Plan 237642 02/15/2017 Capital Projects Fund RPX Rehab Vendor Name Conservation Corps North Bay Check Total: CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc CSG Consultants Inc Check Total: DATA INSTINCTS Check Total: FedEx FedEx FedEx FedEx Check Total: Firma Design Group Check Total: Flyers Energy Check Total: Grainger Inc. Check Total: Green Valley Consulting Engineers Green Valley Consulting Engineers Green Valley Consulting Engineers Page 11 of 25 Void Amount 9,933.89 9,933.89 4,930.00 4,105.00 2,635.00 255.00 297.50 297.50 -297.50 510.00 255.00 255.00 -255.00 14,302.50 105.00 630.00 315.00 28,340.00 1,455.00 1,455.00 74.50 27.40 -27.40 27.40 101.90 1,650.00 1,650.00 363.40 363.40 11.50 11.50 155.86 14,166.00 2,619.12 Check Check Date Fund Name Account Name Vendor Name Void Amount Check Total 237643 02/15/2017 Water Utility Fund Equipment Rental - Water JIM -N -I RENTALS Power Industries Sales Tax Payable Power Industries General Fund Sales Tax Payable Check Total: 237644 02/15/2017 ISF - Information Technology Spec Dept Exp - IT Loud & Clear Audio Visual 237644 02/15/2017 ISF - Information Technology Spec Dept Exp - IT Loud & Clear Audio Visual 237644 02/15/2017 General Fund Sales Tax Payable Loud & Clear Audio Visual Check Total: 237645 02/15/2017 Water Utility Fund SystemRepair - Water Pace Supply Check Total: 237646 02/15/2017 ISF - Information Technology Contract Svcs - IT Petaluma Community Access 237647 02/15/2017 237647 02/15/2017 237647 02/15/2017 237648 02/15/2017 237649 02/15/2017 237650 02/15/2017 237651 02/15/2017 237652 02/15/2017 Sewer Utility Fund Sewer Utility Fund General Fund General Fund Explorer SRF General Fund Uniforms - Police Sewer Utility Fund Contractual Svs -Sewer General Fund Contract Svcs - Police 237653 Check Total: Repairs & Maint Routine -Sewer Power Industries Repairs & Maint Routine -Sewer Power Industries Sales Tax Payable Power Industries General Fund Sales Tax Payable Check Total: POST Training & Travel -Police TRISHA RAIA 237653 Check Total: Trave & Meeting- Exp Scouts Redwood Empire Boy Scouts General Fund Uniforms - Police Sewer Utility Fund Contractual Svs -Sewer General Fund Contract Svcs - Police 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing 237653 02/15/2017 General Fund Sales Tax Payable 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing Check Total: Santa Rosa Uniform & Career Apparel Check Total: Sonoma County Water Agency Check Total: Transunion Risk & Alternative Check Total: United Site Services United Site Services United Site Services United Site Services United Site Services Page 12 of 25 16,940.98 247.38 247.38 622.00 1.07 -1.07 622.00 162.64 162.64 2,085.00 2,085.00 1,284.89 -2.03 2.03 1,284.89 19.68 19.68 352.00 352.00 420.33 420.33 153,108.69 153,108.69 36.65 36.65 259.61 2.67 -2.67 403.32 4.13 Check Check Date Fund Name Account Name 237653 02/15/2017 General Fund Sales Tax Payable 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing 237653 02/15/2017 Successor Agency Housing Func Contract Svcs - Housing 237653 02/15/2017 General Fund Sales Tax Payable 237654 02/15/2017 237655 02/15/2017 237655 02/15/2017 237655 02/15/2017 237656 02/15/2017 237657 02/15/2017 237657 02/15/2017 237657 02/15/2017 237657 02/15/2017 237658 02/15/2017 237659 02/15/2017 237660 02/15/2017 237660 02/15/2017 237660 02/15/2017 237660 02/15/2017 237660 02/15/2017 237660 02/15/2017 237661 02/15/2017 237662 02/15/2017 General Fund Water Utility Fund Water Utility Fund General Fund General Fund General Fund Sewer Utility Fund Water Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Contract Svcs - DS SystemRepair - Water SystemRepair - Water Sales Tax Payable Aflac Payable EDD - DS EDD - PW WW EDD - PW WTR EDD - PW Court Order Payable HSABank Payable Kaiser W/H Payable Kaiser W/H Payable Kaiser W/H Payable Kaiser Hlth Ins - Retiree Med Kaiser Hlth Ins - Retiree Med Kaiser Hlth Ins - Retiree Med Prepaid Legal Services Def Comp Payable-Gw Vendor Name United Site Services United Site Services United Site Services United Site Services Check Total: W -Trans Check Total Wheeler Zamaroni Wheeler Zamaroni Wheeler Zamaroni Check Total: AFLAC Check Total: CA EDD Dept CA EDD Dept CA EDD Dept CA EDD Dept Check Total: Co of Sonoma Sheriffs Department Check Total: HSA Bank Check Total KAISER HEALTH PLAN INC KAISER HEALTH PLAN INC KAISER HEALTH PLAN INC KAISER HEALTH PLAN INC KAISER HEALTH PLAN INC KAISER HEALTH PLAN INC Check Total: Legal Shield Check Total: Nationwide Retirement Solutions Page 13 of 25 Void Amount -4.13 208.72 2.15 -2.15 871.65 701.00 701.00 354.53 0.82 -0.82 354.53 1,662.28 1,662.28 900.00 264.95 302.80 189.25 1,657.00 459.61 459.61 1,353.00 1,353.00 98,918.47 14,687.95 26,924.04 35,159.61 1,392.24 16,544.01 193,626.32 67.75 67.75 1,599.30 Check Check Date Fund Name 237663 02/15/2017 General Fund 237663 02/15/2017 General Fund 237664 02/15/2017 General Fund 237665 02/15/2017 General Fund 237666 02/15/2017 237666 02/15/2017 237666 02/15/2017 237666 02/15/2017 237666 02/15/2017 237666 02/15/2017 237666 02/15/2017 237667 02/16/2017 237667 02/16/2017 237667 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237668 02/16/2017 237669 02/16/2017 237669 02/16/2017 237670 02/16/2017 General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Account Name Def Comp Payable-Gw Def Comp Payable-Gw Scope Dues Payable United Way Payable Eye Care/VSP/Payables Eye Care - Retiree Med Eye Care - Retiree Med Eye Care - Retiree Med Eye CareNSP/Payables Eye Care - Retiree Med Eye Care - Retiree Med Spec Dept Exp -DS Spec Dept Exp -DS Sales Tax Payable Telephone& Internet - SpC Telephone & Internet- SrC Telephone& Internet - SpC Telephone& Internet - SpC Telephone& Internet - SpC Telephone& Internet - SpC Telephone& Internet - SpC Telephone& Internet - SpC Vendor Name Check Total: Nationwide Retirement Solutions Nationwide Retirement Solutions Check Total: SEIU Local 1021 Check Total: United Way Check Total: Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Vision Service Plan - (CA) Check Total: CDW Government CDW Government CDW Government Comcast Comcast Comcast Comcast Comcast Comcast Comcast Comcast Check Total: Check Total: General Fund Advertising - Productions Electric Crayon Inc General Fund Advertising - Productions Electric Crayon Inc Check Total: General Fund Books/Pamphlets - Police LEXISNEXIS MATTHEW BENDER Page 14 of 25 Void Amount 1,599.30 2,965.84 2,450.00 5,415.84 1,207.75 1,207.75 43.26 43.26 521.50 107.28 504.56 4.76 3,387.21 271.50 2,734.96 7,531.77 163.47 0.51 -0.51 163.47 23.82 60.11 555.18 559.42 555.18 555.18 555.18 550.43 3,414.50 38.06 348.00 386.06 311.52 Check Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 311.52 237671 02/16/2017 ISF - Information Technology Spec Dept Exp - IT The UPS Store 1356 395.19 Check Total: 395.19 237672 02/16/2017 General Fund Janitorial Svcs- PW ABM Janitorial North Calif -LA 263.00 237672 02/16/2017 General Fund Janitorial Services - CH ABM Janitorial North Calif -LA 803.00 237672 02/16/2017 Sewer Utility Fund Janitorial Svcs - SWR ABM Janitorial North Calif -LA 133.37 Check Total: 1,199.37 237673 02/16/2017 ISF - Fleet Uniforms & Laundry Svcs -Fleet Aramark 27.32 Check Total: 27.32 237674 02/16/2017 General Fund Spec Dept Exp - Streets The Barricade Company 5.24 237674 02/16/2017 General Fund Sales Tax Payable The Barricade Company -5.24 237674 02/16/2017 General Fund Spec Dept Exp - Streets The Barricade Company 1,131.41 237674 02/16/2017 General Fund Spec Dept Exp - Streets The Barricade Company 0.80 237674 02/16/2017 General Fund Sales Tax Payable The Barricade Company -0.80 237674 02/16/2017 General Fund Spec Dept Exp - Streets The Barricade Company 172.37 Check Total: 1,303.78 237675 02/16/2017 General Fund Contract Svcs - DS BOLT STAFFING SERVICE INC. 1,135.82 237675 02/16/2017 Gas Tax Fund(2105, 2106, 2107 TR -104 Signal Sys Stdy BOLT STAFFING SERVICE INC. 29.89 237675 02/16/2017 Casino Public Service TR -104 50% Signal Sys Stdy BOLT STAFFING SERVICE INC. 29.89 237675 02/16/2017 General Fund Contract Svcs - FIN BOLT STAFFING SERVICE INC. 1,206.78 237675 02/16/2017 Water Utility Fund Contractual Svs - Water BOLT STAFFING SERVICE INC. 478.24 237675 02/16/2017 Sewer Utility Fund Contractual Svs -Sewer BOLT STAFFING SERVICE INC. 478.24 Check Total: 3,358.86 237676 02/16/2017 Sewer Utility Fund Repairs & Maint Routine -Sewer Buckles -Smith Electric Co. 445.17 237676 02/16/2017 Sewer Utility Fund Repairs & Maint Routine -Sewer Buckles -Smith Electric Co. 2.07 237676 02/16/2017 General Fund Sales Tax Payable Buckles -Smith Electric Co. -2.07 237676 02/16/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 482.76 237676 02/16/2017 General Fund Spec Dept Exp - Streets Buckles -Smith Electric Co. 2.24 237676 02/16/2017 General Fund Sales Tax Payable Buckles -Smith Electric Co. -2.24 Check Total: 927.93 237677 02/16/2017 ISF - Fleet Veh Repairs for Police -Fleet Downtown Autobody 1,435.31 Check Total: 1,435.31 237678 02/16/2017 Sewer Utility Fund Spec Dept Exp -Sewer Fastenal 81.37 237678 02/16/2017 Water Utility Fund Spec Dept Exp - Water Fastenal 81.37 Page 15 of 25 Check Check Date 237678 02/16/2017 237678 02/16/2017 237679 02/16/2017 237679 02/16/2017 237679 02/16/2017 237680 02/16/2017 237680 02/16/2017 237680 02/16/2017 237680 02/16/2017 237680 02/16/2017 237680 02/16/2017 237681 02/16/2017 237681 02/16/2017 237681 02/16/2017 237682 02/16/2017 237682 02/16/2017 237682 02/16/2017 237683 02/16/2017 237683 02/16/2017 237683 02/16/2017 237683 02/16/2017 237683 02/16/2017 237683 02/16/2017 237683 02/16/2017 237684 02/16/2017 237685 02/16/2017 237685 02/16/2017 237685 02/16/2017 Fund Name General Fund General Fund General Fund General Fund General Fund ISF - Fleet Sewer Utility Fund Water Utility Fund General Fund General Fund General Fund General Fund General Fund General Fund ISF - Fleet ISF - Fleet General Fund Account Name Spec Dept Exp - Streets Spec Dept Exp - Parks Spec Dept Exp - SrC Spec Dept Exp - SpC Spec Dept Exp - RPCC Spec Dept Exp - Fleet Gas & Oil - Sewer Gas & Oil - Water Unleaded Fuel Inventory Unleaded Fuel Inventory Diesel Fuel Inventory Spec Dept Exp - Streets Spec Dept Exp - Streets Sales Tax Payable Veh Repairs for PW -Fleet Veh Repairs for PW -Fleet Sales Tax Payable General Fund Repairs & Maint Routine -RPCC General Fund Spec Dept Exp - SpC General Fund Spec Dept Exp - RPCC General Fund Spec Dept Exp - RPCC General Fund Spec Dept Exp - Parks General Fund Spec Dept Exp - Streets ISF - Fleet Spec Dept Exp - Fleet ISF - Fleet Spec Dept Exp - Fleet General Fund Spec Dept Exp - Parks General Fund Spec Dept Exp - Parks General Fund Sales Tax Payable Vendor Name Fastenal Fastenal Check Total Fishman Supply Company Fishman Supply Company Fishman Supply Company Check Total: Flyers Energy Flyers Energy Flyers Energy Flyers Energy Flyers Energy Flyers Energy 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 Grainger Inc. Grainger Inc. Grainger Inc. Grainger Inc. Grainger Inc. Grainger Inc. Grainger Inc. Hansel Ford Horizon Horizon Horizon Page 16 of 25 Check Total: Check Total: Check Total: Void Amount 81.37 81.39 325.50 68.55 94.70 154.68 317.93 861.16 367.02 367.02 1,163.26 601.17 751.55 4,111.18 19.48 0.09 -0.09 19.48 491.04 0.60 -0.60 491.04 190.41 52.25 10.86 20.15 217.00 194.78 142.83 828.28 17.01 17.01 158.31 0.73 -0.73 Check Check Date Fund Name 237686 02/16/2017 General Fund 237687 02/16/2017 General Fund 237687 02/16/2017 General Fund 237687 02/16/2017 General Fund 237688 02/16/2017 General Fund 237689 02/16/2017 Water Utility Fund 237690 02/16/2017 General Fund 237691 02/16/2017 General Fund 237692 02/16/2017 ISF - Fleet 237693 02/16/2017 ISF - Fleet 237693 02/16/2017 ISF - Fleet 237694 02/16/2017 ISF - Fleet 237694 02/16/2017 ISF - Fleet 237695 02/16/2017 General Fund 237696 02/16/2017 General Fund 237697 02/16/2017 ISF - Fleet 237697 02/16/2017 ISF - Fleet Account Name Vendor Name Void Amount Check Total: 158.31 Repairs & Maint Routine - CHA Interstate All Battery Center 13.89 Check Total: 13.89 Spec Dept Exp - Parks John Deere Financial 142.50 Spec Dept Exp - Parks John Deere Financial 0.65 Sales Tax Payable John Deere Financial -0.65 Check Total: 142.50 Spec Dept Exp - CC National Document Solutions, LLC 32.37 Check Total: 32.37 Equipment < $5K - Water Power Industries 191.42 Check Total: 191.42 Repairs & Maint Routine -PAC Redwood Lock Inc. 2.98 Check Total 2.98 Spec Dept Exp - Parks Reliable Hardware & Steel Co. 257.48 Check Total: 257.48 Haz Materials - Fleet Rohnert Park Disposal 400.00 Check Total: 400.00 Spec Dept Exp - Fleet Santa Rosa Auto Parts 249.80 Spec Dept Exp - Fleet Santa Rosa Auto Parts 94.88 Check Total: 344.68 Veh Repairs for Police -Fleet Scott Signs 95.48 Veh Repairs for Police -Fleet Scott Signs 381.92 Check Total: 477.40 Spec Dept Exp - Parks Sherwin Williams 4.98 Check Total: 4.98 Recruitment - Police Simpson Investigative Services Group 1,965.76 Check Total: 1,965.76 Spec Dept Exp - Fleet Smothers 26.08 Spec Dept Exp - Fleet Smothers -0.06 Page 17 of 25 Check Check Date Fund Name Account Name Vendor Name 237697 02/16/2017 General Fund Sales Tax Payable Smothers Check Total: 237698 02/16/2017 General Fund Eye Care - PS Check Total: 237699 02/16/2017 General Fund Janitorial Svc -PS Main Station ABM Janitorial North Calif -LA Check Total: 237700 02/16/2017 General Fund Telephone& Internet - PW AT&T 237700 02/16/2017 ISF - Information Technology Telephone & Intnernet- IT AT&T 237700 02/16/2017 General Fund Telephone & Internet- PS Main AT&T 237700 02/16/2017 General Fund Telephone & Internet- PAC AT&T 237700 02/16/2017 General Fund Telephone& Internet - SpC AT&T 237700 02/16/2017 General Fund Telephone & Internet- AS Bldg AT&T Check Total: 237701 02/16/2017 General Fund Equipment Rental - Streets The Barricade Company Check Total: 237702 02/16/2017 Capital Projects Fund Sonoma Mtn Village Project Burke, Williams & Sorensen, LLP 237702 02/16/2017 Capital Projects Fund Rancho Verde Traffic Signal Burke, Williams & Sorensen, LLP 237702 02/16/2017 General Fund Legal Svcs - Legal Burke, Williams & Sorensen, LLP Check Total: 237703 02/16/2017 General Fund Contract Svcs - Police Mark Clementi Check Total: 237704 02/16/2017 General Fund Gas & Oil - Police Flyers Energy 237704 02/16/2017 General Fund Gas & Oil - Police Flyers Energy Check Total: 237705 02/16/2017 Water Utility Fund Repairs & Maint Routine -Water Friedman's Home Improvement 237705 02/16/2017 Water Utility Fund Repairs & Maint Routine -Water Friedman's Home Improvement 237705 02/16/2017 General Fund Sales Tax Payable Friedman's Home Improvement Check Total: 237706 02/16/2017 Capital Projects Fund PR -71 Benicia Pool Renovatins Hardware Tech Inc. 237706 02/16/2017 General Fund Repairs & Maint Routine -B Pool Hardware Tech Inc. Check Total: Page 18 of 25 Void Amount 0.06 26.08 65.00 65.00 1,767.00 1,767.00 37.35 37.35 19.63 19.63 72.85 37.44 224.25 504.59 504.59 199.50 228.00 17,573.16 18,000.66 825.00 825.00 783.25 285.84 1,069.09 64.15 0.30 -0.30 64.15 1,483.32 96.68 1,580.00 Check Check Date Fund Name 237707 02/16/2017 General Fund 237708 02/16/2017 General Fund 237709 02/16/2017 General Fund 237710 02/16/2017 General Fund 237711 02/16/2017 Water Utility Fund 237712 02/16/2017 Water Utility Fund 237712 02/16/2017 Water Utility Fund 237712 02/16/2017 General Fund 237713 02/16/2017 General Fund 237713 02/16/2017 General Fund 237714 02/16/2017 General Fund 237715 02/16/2017 ISF - Fleet 237716 02/16/2017 General Fund 237717 02/16/2017 General Fund 237718 02/16/2017 General Fund 237719 02/16/2017 General Fund 237719 02/16/2017 Casino Public Service Account Name Vendor Name Void Amount Repairs & Maint Routine-PSMain The Hitmen Termite & Pest Control 60.00 Check Total: 60.00 Contract Svcs - Police Kone Inc 110.39 Check Total: 110.39 PS/ PS Services Gustavo Lopez 10.00 Check Total: 10.00 Community Promo - Police National Document Solutions, LLC 436.96 Check Total: 436.96 Equipment < $5K - Water Power Industries 198.59 Check Total: 198.59 SystemRepair - Water R&B Company 714.29 SystemRepair - Water R&B Company 3.31 Sales Tax Payable R&B Company -3.31 Check Total: 714.29 Contract Svcs - Police Red Cloud, Inc. 2,670.00 Contract Svcs - Police Red Cloud, Inc. 2,670.00 Check Total: 5,340.00 Advertising - Police Redwood Lock Inc. 12.21 Check Total: 12.21 Spec Dept Exp - Fleet Six Robblees' Inc. 43.62 Check Total: 43.62 Training & Travel - Police Rebecca Sotelo 48.00 Check Total: 48.00 Training & Travel - Police South Bay Regional Public Safety 480.00 Check Total: 480.00 Contract Svcs - Police Yarbrough Bros. Towing, Inc. 150.00 Check Total: 150.00 Spec Dept Exp - Fire 49ER Communication Inc 2,525.95 Equipment < 5K - RPSC 49ER Communication Inc 1,343.21 Page 19 of 25 Check Check Date Fund Name Account Name Vendor Name 237719 02/16/2017 General Fund Spec Dept Exp - Fire 49ER Communication Inc 237719 02/16/2017 General Fund Sales Tax Payable 49ER Communication Inc Check Total: 237720 02/16/2017 Sewer Utility Fund Contractual Svs -Sewer Aramark 237720 02/16/2017 General Fund Repairs & Maint Routine - CH Aramark 237720 02/16/2017 General Fund Repairs & Maint Routine-ASBIdg Aramark Check Total: 237721 02/16/2017 General Fund Clinic expens NOT Sp&NtrElgble Complete Welders Supply Check Total: 237722 02/16/2017 General Fund Repairs & Maint Routine -RPCC Richard L. Entler Check Total: 237723 02/16/2017 Water Utility Fund Small Tools - Water Friedman's Home Improvement 237723 02/16/2017 Water Utility Fund Small Tools - Water Friedman's Home Improvement 237723 02/16/2017 General Fund Sales Tax Payable Friedman's Home Improvement Check Total: 237724 02/16/2017 General Fund Spec Dept Exp - AS Frizelle-Enos Company 237724 02/16/2017 General Fund Spec Dept Exp - AS Frizelle-Enos Company 237724 02/16/2017 General Fund Sales Tax Payable Frizelle-Enos Company Check Total: 237725 02/16/2017 General Fund Spay/Ntr Fd Eligible Exp- AS Henry Schein Animal Health Check Total: 237726 02/16/2017 General Fund Shelter Food - AS Hill's Pet Nutrition Sales Inc 237726 02/16/2017 General Fund Shelter Food - AS Hill's Pet Nutrition Sales Inc Check Total: 237727 02/16/2017 General Fund Clinic expens NOT Sp&NtrElgble IDEXX Distribution Inc. Check Total: 237728 02/16/2017 General Fund Repairs & Maint Routine - CH InfoStor Check Total: 237729 02/16/2017 General Fund Contract Svcs - AS Koefran Industries Check Total: Page 20 of 25 Void Amount 43.67 -43.67 31869.16 33.48 295.46 150.21 479.15 31.00 31.00 550.00 550.00 56.14 0.26 -0.26 56.14 93.88 0.44 -0.44 93.88 88.97 88.97 250.61 71.85 322.46 372.60 372.60 70.00 70.00 400.00 400.00 Check Check Date Fund Name Account Name Vendor Name 237730 02/16/2017 General Fund Exp Belforte - CC Los Cien, Inc. 237737 02/16/2017 Water Utility Fund Contractual Svs - Water Check Total. 237731 02/16/2017 General Fund Office Supplies - CH Office Depot 237737 02/16/2017 Wilfred Widening Maintenc JEP Contractual Svcs Wilfred JEPA Check Total: 237732 02/16/2017 General Fund Rpr & Maint Non -Routine - RPCC ONGARO & SONS 237732 02/16/2017 General Fund Rpr & Maint Non -Routine -SpC ONGARO & SONS 237738 02/16/2017 General Fund Bldg Permit Fees - DS Check Total: 237733 02/16/2017 General Fund Police/Armory - Police Proforce Law Enforcement 237733 02/16/2017 Casino Public Service Supplies - PS-RPSC Proforce Law Enforcement 02/16/2017 General Fund Productions - Production Jacob Bronson Check Total: 237734 02/16/2017 General Fund Spec Dept Exp - Parks Sweet Lane Wholesale Nursery 237734 02/16/2017 General Fund Tree Removal In -Lieu Fee Dep Sweet Lane Wholesale Nursery 237734 02/16/2017 General Fund Tree In Lieu Revenue - Parks Sweet Lane Wholesale Nursery 237734 02/16/2017 General Fund Spec Dept Exp - Parks Sweet Lane Wholesale Nursery 237734 02/16/2017 General Fund Sales Tax Payable Sweet Lane Wholesale Nursery Check Total: 237735 02/16/2017 General Fund Training & Travel - CM DARRIN JENKINS Check Total: 237736 02/16/2017 Sewer Utility Fund Printing Services Ad Vantage Marketing 237736 02/16/2017 Water Utility Fund Printing - Water Ad Vantage Marketing Check Total 237737 02/16/2017 General Fund Contract Svcs - PW Aramark 237737 02/16/2017 Sewer Utility Fund Contractual Svs -Sewer Aramark 237737 02/16/2017 Water Utility Fund Contractual Svs - Water Aramark 237737 02/16/2017 General Fund Contract Svcs - Streets Aramark 237737 02/16/2017 Wilfred Widening Maintenc JEP Contractual Svcs Wilfred JEPA Aramark 237737 02/16/2017 General Fund Contract Svcs - Parks Aramark Check Total: 237738 02/16/2017 General Fund Bldg Permit Fees - DS Archon Energy Solutions 237738 02/16/2017 Buildg Standard Sp Rev S131473Bldg Stnds/SB 1473 Payable Archon Energy Solutions Check Total 237739 02/16/2017 General Fund Productions - Production Jacob Bronson Page 21 of 25 Void Amount 25.00 25.00 127.25 127.25 525.00 525.00 1,050.00 3,446.64 2,297.76 5,744.40 393.66 393.66 -393.66 1.82 -1.82 393.66 178.15 178.15 109.20 109.19 218.39 43.16 33.48 37.80 19.18 8.63 56.74 198.99 217.00 1.00 218.00 750.00 Check Check Date Fund Name Account Name Vendor Name Check Total: 237740 02/16/2017 RP Fountation Trust Fund License, Permits & Fees - RPFd CA Department of Alcoholic Beverage Contra Check Total: 237741 02/16/2017 General Fund Contract Svcs - DS Code Source Check Total: 237742 02/16/2017 General Fund Productions - Production Quinten Cohen Check Total: 237743 02/16/2017 General Fund Contract Svcs - NonDept COMMUNICATION LEASING Check Total: 237744 02/16/2017 ISF - Fleet Veh Repairs for Police -Fleet Downtown Autobody 237744 02/16/2017 General Fund Self Insured Losses - Police Downtown Autobody Check Total: 237745 02/16/2017 General Fund Productions - Production Lisa Doyle Check Total: 237746 02/16/2017 General Fund Productions - Production Claire Engan Check Total: 237747 02/16/2017 ISF - Fleet Veh Repairs for Police -Fleet Hansel Ford 237747 02/16/2017 ISF - Fleet Veh Repairs for Police -Fleet Hansel Ford 237747 02/16/2017 General Fund Spec Dept Exp - Streets Hansel Ford 237747 02/16/2017 ISF - Fleet Veh Repairs for Police -Fleet Hansel Ford Check Total: 237748 02/16/2017 General Fund Productions - Production KELLEY HUNT Check Total.- otal:237749 237749 02/16/2017 General Fund Productions - Production Max Judelson Check Total: 237750 02/16/2017 General Fund Productions - Production Ronald Larson Check Total: 237751 02/16/2017 General Fund Productions - Production Annika Lund Page 22 of 25 Void Amount 750.00 400.00 400.00 5,575.00 5,575.00 900.00 900.00 97.48 97.48 1,419.00 2,712.42 4,131.42 900.00 900.00 900.00 900.00 89.09 354.58 248.42 -326.25 365.84 900.00 900.00 900.00 900.00 900.00 900.00 900.00 Check Check Date Fund Name 237752 02/16/2017 General Fund 237753 02/16/2017 General Fund 237754 02/16/2017 ISF - Fleet 237755 02/16/2017 General Fund 237756 02/16/2017 General Fund 237756 02/16/2017 General Fund 237756 02/16/2017 General Fund 237756 02/16/2017 General Fund 237756 02/16/2017 General Fund 237757 02/16/2017 General Fund 237758 02/16/2017 Capital Projects Fund 237759 02/16/2017 General Fund 237760 02/16/2017 General Fund 237766 02/16/2017 Water Utility Fund 237767 02/16/2017 General Fund 237768 02/16/2017 Sewer Utility Fund Account Name Vendor Name Void Amount Check Total: 900.00 Contract Svcs - FIN MACIAS GINI & O'CONNELL LLP 4,334.00 Check Total: 4,334.00 Productions - Production Jeanne Porter 900.00 Check Total: 900.00 Veh Repairs for Police -Fleet Reliable Auto Glass 60.00 Check Total: 60.00 Productions - Production Lucas Sherman 2,900.00 Check Total: 2,900.00 Contract Svcs - DS Shums Coda Associates Inc 240.00 Contract Svcs - DS Shums Coda Associates Inc 1,493.80 Contract Svcs - DS Shums Coda Associates Inc 287.45 Contract Svcs - DS Shums Coda Associates Inc 1,100.46 Contract Svcs - DS Shums Coda Associates Inc 665.90 Check Total: 3,787.61 Softwr License & Maint - DS SunGard Public Sector Inc. 15,306.39 Check Total: 15,306.39 University Dist. Specific Plan The Community Voice 168.00 Check Total: 168.00 Productions - Production CAROL VINES 900.00 Check Total: 900.00 Production - Youth Prgrms PAC Lawrence Williams 2,000.00 Check Total: 2,000.00 Spec Dept Exp - Water 3T Equipment Company Inc. 2,638.09 Check Total: 2,638.09 Contract Svcs - RPCC Animal Stars 290.55 Check Total: 290.55 Spec Dept Exp -Sewer B.W.S. Distributors Inc 252.87 Page 23 of 25 Check Check Date Fund Name Account Name 237769 02/16/2017 General Fund Concession Purchases - PAC 237769 02/16/2017 General Fund Concession Purchases - PAC 237769 02/16/2017 General Fund Spec Dept Exp -Police 237769 02/16/2017 General Fund Concession Purchases - PAC 237769 02/16/2017 General Fund Concession Purchases - PAC 237770 02/16/2017 237771 02/16/2017 General Fund Productions - Production Sewer Utility Fund Gas & Oil - Sewer 237772 02/16/2017 Water Capital Project Fund WA -28 Water Meter Installtin 237772 02/16/2017 Recycled Water Utility Fund System Repair - RW 237773 02/16/2017 Water Utility Fund SystemRepair - Water 237773 02/16/2017 Water Utility Fund Small Tools - Water 237774 02/16/2017 237775 02/16/2017 237776 02/16/2017 237776 02/16/2017 237776 02/16/2017 237776 02/16/2017 237776 02/16/2017 237776 02/16/2017 237776 02/16/2017 237777 02/16/2017 Sewer Utility Fund Water Utility Fund Sewer Utility Fund Sewer Utility Fund Sewer Utility Fund General Fund Water Utility Fund Water Utility Fund General Fund General Fund Equipment < M - Sewer License Permit & Fees - Water Vendor Name Check Total: CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL CAPITAL ONE COMMERCIAL Check Total: Pam Enz Check Total: HERC Rentals Inc. Check Total: National Meter & Automation, Inc. National Meter & Automation, Inc. Check Total: Pace Supply Pace Supply Check Total: PAN PACIFIC SUPPLY CO. Check Total: Mitch Pearson Page 24 of 25 Void Amount 252.87 269.52 56.80 239.52 52.71 23.85 642.40 1,000.00 1,000.00 21.65 21.65 2,613.32 1,547.22 4,160.54 303.80 219.17 522.97 1,093.41 1,093.41 70.00 70.00 -351.35 1,052.77 4.88 -4.88 59.66 -0.01 0.01 761.08 300.00 300.00 Check Total: Repairs & Maint Routine -Sewer Power Industries Repairs & Maint Routine -Sewer Power Industries Repairs & Maint Routine -Sewer Power Industries Sales Tax Payable Power Industries Small Tools - Water Power Industries Small Tools - Water Power Industries Sales Tax Payable Power Industries Check Total: Rec Ref Clearing Rancho Cotate Cougar Boosters Inc Check Total: Page 24 of 25 Void Amount 252.87 269.52 56.80 239.52 52.71 23.85 642.40 1,000.00 1,000.00 21.65 21.65 2,613.32 1,547.22 4,160.54 303.80 219.17 522.97 1,093.41 1,093.41 70.00 70.00 -351.35 1,052.77 4.88 -4.88 59.66 -0.01 0.01 761.08 300.00 300.00 Check Check Date Fund Name Account Name Vendor Name Void Amount 237778 02/16/2017 General Fund Contract Svcs - Gold Ridge Lajwan Renee Robinson 552.50 237778 02/16/2017 General Fund Contract Svcs - Gold Ridge Lajwan Renee Robinson 72.00 Check Total: 624.50 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials 618.44 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials 2.86 237779 02/16/2017 General Fund Sales Tax Payable Shamrock Materials -2.86 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials 825.26 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials 3.82 237779 02/16/2017 General Fund Sales Tax Payable Shamrock Materials -3.82 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials 124.26 237779 02/16/2017 Water Utility Fund SystemRepair - Water Shamrock Materials -0.57 237779 02/16/2017 General Fund Sales Tax Payable Shamrock Materials 0.57 Check Total: 1,567.96 237780 02/16/2017 General Fund Contract Svcs - RPCC Gay Shelton-Ostadi 1,372.80 Check Total: 1,372.80 237781 02/16/2017 Water Utility Fund SystemRepair - Water Syar Industries Inc. 148.23 237781 02/16/2017 Water Utility Fund SystemRepair - Water Syar Industries Inc. 0.69 237781 02/16/2017 General Fund Sales Tax Payable Syar Industries Inc. -0.69 237781 02/16/2017 Water Utility Fund SystemRepair - Water Syar Industries Inc. 440.38 237781 02/16/2017 Water Utility Fund SystemRepair - Water Syar Industries Inc. 2.04 237781 02/16/2017 General Fund Sales Tax Payable Syar Industries Inc. -2.04 Check Total: 588.61 237782 02/16/2017 Sewer Utility Fund Spec Dept Exp -Sewer Tifco Industries 283.44 237782 02/16/2017 Sewer Utility Fund Spec Dept Exp -Sewer Tifco Industries 3.33 237782 02/16/2017 General Fund Sales Tax Payable Tifco Industries -3.33 Check Total: 283.44 Report Total: 1,725,437.16 Page 25 Page 25 of 25 ROj;NEFLT TA 1{ �R7,iF(33�"�71P- ITEM NO. 6C1 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: February 28, 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: Authorizing the City Manager to Execute a Master Agreement for Consultant Services and Task Order 2017-01 with SSA Landscape Architects, Inc. for Project Management Services and Related Actions RECOMMENDED ACTION: Adopt a Resolution 1) Authorizing the City Manager to Execute a Master Agreement for Consultant Services, 2) Task Order 2017-01 with SSA Landscape Architects, Inc. (SSA) for Project Management Services, and 3) Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account for Developer Reimbursements. BACKGROUND: The City's Development Agreement (DA) with the developer of the Sonoma Mountain Village Project (Developer), required the developer to complete the construction of an all-weather soccer field, on the Sonoma Mountain Village site, by December 2016. For a number of reasons, this was not feasible. The Developer requested and the City has conceptually approved an alternative plan that would allow the soccer field to be constructed at Sunrise Park by July 31, 2017. This modified agreement has been memorialized in a December 29, 2016 Letter Agreement. In order to accomplish this work and avoid a breach of the DA, this project will need to be fast -tracked, and will require a high level of coordination and rapid turn arounds between the City and the developer's design team. ANALYSIS: The City's project management resources, including staff from the Public Works and Development Services Departments, are currently managing a significant number of Capital Improvement and development projects, including the delivery of three new parks in the University District and Southeast Specific Plan Areas and the Stadium Lands Planned Development Area. Staff does not have sufficient resources to manage the Sunrise Park Soccer Field Project. Additionally, staff does not have specialized expertise in all-weather fields. Retaining consultant support to manage the developer from design through construction will help alleviate potential delays in review and coordination with the developer during this fast -tracked project. The Public Works Department will lead the coordination of the project with a consultant managing the developer's process. The DA and the Reimbursement Agreement between the City and Developer provide the mechanism for the City to recover its costs, including the costs of any consultant services, for work related to the DA. Through a qualifications -based selection process staff selected SSA. SSA prepared a preliminary design of an artificial turf soccer field at Sunrise Park several years ago. SSA is a professional landscape architectural firm specializing in design and management of all-weather fields. Because of SSA's unique familiarity and understanding of this particular project, they are ITEM NO. 6C1 best qualified to assist with managing the developer's activities and ensuring that the City receives a high quality project. Retaining SSA provides the City and the applicants with continuity and value. SSA's rates are competitive with other consulting firms currently performing work for the City. The proposed Task Order with SSA is in alignment with Purchasing Policy Section 3.6.6(D) which allows the city to engage professional services via a negotiated process. 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. OPTIONS CONSIDERED: 1. Authorize the Master Agreement and Task Order 2017-01 with: SSA Landscape Architects, Inc. (recommended action). This option preserves continuity and understanding and provides the resources necessary to ensure timely management of this project. 2. Secure proposals from other consulting firms for management of this project. This is not recommended because SSA has already demonstrated its qualifications and another proposal process will delay progress on the soccer field project. 3. Perform all project management tasks for this project with City staff. This option is not recommended because staff does not have sufficient resources to manage this project, which will result in delays and potentially compromise the quality of the project. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $50,000. The expenses incurred will be reimbursed from the developer. The proposed action has no impact on the City's General Fund. Department Head Approval Date: 2/8/17 Finance Director Approval Date: 2/9/17 City Attorney Approval Date: N/A City Manager Approval Date: 2/21/17 Attachments (list in packet assembly order): 1. Resolution of the City Council of the City of Rohnert Park Authorizing the City Manager to Execute a Master Agreement For Consultant Services and Task Order 2017-01 with SSA Landscape Architects, Inc., and Authorizing the Finance Director to Make Appropriations and Increase Budgeted Revenue to Account for Developer Reimbursements 2. Exhibit A to Resolution - Master Agreement for Consultant Services 3. Exhibit B to Resolution — SSA Landscape Architects Inc. Task Order 2017-01 2 RESOLUTION NO. 2017-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT FOR CONSULTANT SERVICES AND TASK ORDER 2017-01 WITH SSA LANDSCAPE ARCHITECTS, INC. FOR PROJECT MANAGEMENT SERVICES AND AUTHORIZING THE FINANCE DIRECTOR MAKE APPROPRIATIONS AND INCREASE BUDGETED REVENUE TO ACCOUNT FOR DEVELOPER REIMBURSEMENTS WHEREAS; the City is experiencing a significant volume of Capital Improvement Projects that require project management; and WHEREAS, SSA Landscape Architects, Inc. is a consultant with significant experience in project management and specific experience with the artificial turf soccer field at Sunrise Park, and WHEREAS, pursuant to Section 3.6.6 of the City's Purchasing Policy, the City has secured a proposal from SSA Landscape Architects, Inc. for project management and peer review services and has negotiated with SSA Landscape Architects, Inc. to arrive at a proposed scope of services and budget that meet the City's needs for project management support; WHEREAS, the cost of the Consultant's services are reimbursed to the City by Sonoma Mountain Village (Developer) 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 a Master Services Agreement and Task Order 2017-01 with SSA Landscape Architects, Inc., a California Corporation, for development review services in an amount not to exceed an additional fifty thousand dollars ($50,000). 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 Master Agreement attached hereto and incorporated by this reference as Exhibit "A," and Task Order 2017-01 attached hereto and incorporated by this reference as Exhibit "B", 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 28th day of February, 2017. ATTEST: JoAnne Buergler, City Clerk Attachment: Exhibit A and Exhibit B •�' F\�[1111LiA CITY OF ROHNERT PARK Jake Mackenzie, Mayor BELFORTE: CALLINAN: STAFFORD: MACKENZIE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Page 2 2017-024 Exhibit A to Resolution MASTER AGREEMENT FOR CONSULTANT SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is entered into as of the 28th day of February, 2017, by and between the City of Rohnert Park ("City"), a California municipal corporation, and SSA Landscape Architects, Inc., ("Consultant"), a California Corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain project management services, and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Public Works Project Coordinator is hereby designated as the project manager ("Project Manager"). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Scott Reeves, PLA to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scone and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task order that has been issued in conformance with the City's Purchasing Policy ("Task Order") executed by Consultant and City. 1 of 20 OAK #4844-6469-8375 v103 B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Pam. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed Fifty thousand dollars ($50,000.00); nor shall the amount City pays to Consultant for work done by Task Order exceed the total compensation specified by the Task Order. Whether working under this Master Agreement or a Task Order, the services of the Consultant shall not commence without a written notice to proceed from the City. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted 2 of 20 OAK #4844-6469-8375 v103 and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either parry to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until December 31, 2019, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. 3 of 20 OAK #4844-6469-8375 v103 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. (1) Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (2) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and 4 of 20 OAK #4844-6469-8375 v103 (3) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers ("Indemnified Parties") from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs and expert witness fees) of any nature ("Liability"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant's responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obli ag tion. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker's compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and 5 of 20 OAK #4844-6469-8375 v103 all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant's failure to comply with any of the terms of this Agreement. Consultant's duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant's acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing_ Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest 6 of 20 OAK #4844-6469-8375 v103 prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant's expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. F. Waiver of Subro ag tion. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for City. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employ A. Assi _gement. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City's sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated 7 of 20 OAK #4844-6469-8375 v103 by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the amounts and terms of insurance as may be required from time -to -time by City's risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. 8 of 20 OAK #4844-6469-8375 v103 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other parry shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other parry of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: Terrie Zwillinger City of Rohnert Park — Public Works Department 600 Enterprise Drive Rohnert Park, CA 94928 Phone: 707-588-3331 Fax: 707-588-3333 Email: tzwillinger@rpcity.org If to Consultant: SSA Landscape Architects, Inc. Attn: Mr. Scott Reeves, PLA 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 scott@ssala.com 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 9 of 20 OAK #4844-6469-8375 v103 B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Rohnert Park Municipal Code 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, 10 of 20 OAK #4844-6469-8375 v103 illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authorijy. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such parry and that this Agreement is binding on such party in accordance with its terms. 36. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. Signatures on Next Page 11 of 20 OAK #4844-6469-8375 v103 CITY OF ROHNERT PARK CONSULTANT By: City Manager Date: Per Resolution No. 2017 --adopted by the Rohnert Park City Council at its meeting of February 28, 2017. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk 12 of 20 OAK #4844-6469-8375 v103 By: _ Title: Date: CONSULTANT By: _ Title: Date: Exhibit A to Resolution EXHIBIT A SCOPE OF SERVICES 1. Insert SSA's Scone Exhibit A 13 of 20 Exhibit A to Resolution EXHIBIT B FEE SCHEDULE Insert SSA's Rate Schedule Exhibit B 14 of 20 OAK #4844-6469-8375 v103 Exhibit A to Resolution EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the Exhibit C 15 of 20 OAK #4844-6469-8375 v103 aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size M. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is Exhibit C 16 of 20 OAK #4844-6469-8375 v103 canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other parry involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Exhibit C 17 of 20 OAK #4844-6469-8375 v103 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 20. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit C 18 of 20 OAK #4844-6469-8375 v103 Exhibit A to Resolution CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the and a duly authorized representative of the firm of , whose address is and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date 19 of 20 12578020A 80078/0012 OAK #4844-6469-8375 v103 Signature Exhibit B to Resolution IcIffs IFMI Ice) .71] Bl:4013 17iQIIl CITY OF ROHNERT PARK AND SSA LANDSCAPE ARCHITECTS, INC AUTHORIZATION TO PROVIDE PROJECT MANAGEMENT AND PEER REVIEW SERVICES SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct SSA Landscape Architects, 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 SSA Landscape Architects, Inc. ("Consultant") hereto dated February 28, 2017. 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 $ 50,000. SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2019 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 28' day February, 2017. Signatures on Next Page Exhibit B to Resolution CITY OF ROHNERT PARK Darrin Jenkins, City Manager (Date) Per Resolution No. 2017- adopted by the Rohnert Park City Council at its meeting of February 28, 2017. ATTEST: Deputy City Clerk APPROVED AS TO FORM: City Attorney 2 SSA LANDSCAPE ARCHITECTS, INC. Scott Reeves, Associate Principal (Date) 06 AL L A N D S C A P E A R C H I T E C T S I N C February 03, 2017 Terrie Zwillinger Project Coordinator Department of Public Works City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 EXHIBIT A - SCOPE OF WORK: SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT ':9007 : uu::1 This project is generally described as project management services from conceptual design through construction close-out for a $1.8M synthetic turf sports field conversion at Sunrise Park, in Rohnert Park. SSA Landscape Architects, Inc. (hereinafter referred to as SSA) will self -perform all work described in Section II, working directly for the City of Rohnert Park Department of Public Works (hereinafter referred to as CITY). The project CONTRACTOR will be Codding Enterprises (hereinafter referred to as CONTRACTOR), and the Architect of Record will be Verde Design (hereinafter referred to as DESIGNER). SSA will serve as the Project Manager for the CITY, acting on behalf of the CITY to coordinate directly with the CONTRACTOR and DESIGNER. We do anticipate that CITY staff will be actively involved in the project, attending meetings and providing direction and feedback at all critical stages. The detailed scope of work for SSA, described in Section II, has been developed through email and phone correspondence with Terrie Zwillinger, Project Coordinator for the City of Rohnert Park Department of Public Works. We understand this project will move sequentially through the phases listed in Section II, and construction will not begin until the PS&E are completed and approved by the CITY. We understand that the PS&E will include complete Division 0 and Division 1 specifications that will provide SSA with industry standard tools of Public Contract Code to control and enforce project quality. There are items explicitly excluded from our scope of services that may become necessary during the project, including: Topographic Survey, Geotechnical Report, Arborist Report, all project inspections, all permit -related work, certified payroll administration, and daily monitoring of construction activities. SSA will perform the following tasks: II. DETAILED SCOPE OF WORK Phase One: Project Start-up / Program Validation / Concept Design a. Review DESIGNER Scope of Services and CONTRACTOR Development Agreement; distribute summary comments to CITY. b. Attend (1) project kick-off meeting with CITY and DESIGNER, coordinated by others; distribute minutes to all parties. c. Visit the site with the topographic survey and review for accuracy; distribute a summary of comments to all parties. d. Review the Geotechnical Report, prepared by others; distribute a summary of comments to all parties. e. Review the detailed GANTT chart project schedule, prepared by others; distribute a summary of comments to all parties. f. Prepare agenda and facilitate (1) coordination meeting with CITY and DESIGNER; distribute minutes to all parties. g. Peer -review the initial Conceptual Design and Cost Estimate; distribute a summary of comments to all parties. h. Peer -review the final Conceptual Design and Cost Estimate; distribute a summary of comments to all parties. i. Provide coordination and administrative support during this phase of work with all parties. SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No. P17004.00 February 03, 2017 Phase One Deliverables: Submittal reviews, including responses (items l.a, l.c, l.d, 1.e, l.g, l.h) (2) meetings, including agendas and minutes Phase Two: Design Development a. Prepare agenda and facilitate (1) design -review meeting with CITY and DESIGNER; distribute minutes to all parties. b. Peer -review the 50% PS&E package; distribute a summary of comments to all parties. c. Provide coordination and administrative support during this phase of work with all parties. Phase Two Deliverables: Submittal review, including summary of comments (item 2.b) (1) meeting, including agenda and minutes Phase Three: Construction Documentation a. Prepare agenda and facilitate (1) design -review meeting with CITY and DESIGNER; distribute minutes to all parties. b. Peer -review the 90% PS&E package; distribute a summary of comments to all parties. c. Peer -review the 100% PS&E package; distribute a summary of comments to all parties. d. Prepare the Division 0 and Division 1 specifications, based on CITY standard templates; submit to CITY for review and comment. e. Provide coordination and administrative support during this phase of work with all parties. Phase Three Deliverables: Submittal reviews, including summary of comments (items 3.b, 3.0 Division 0 -1 specifications (1) meeting, including agenda and minutes Phase Four: Construction Administration a. Prepare agenda and facilitate (1) pre -construction meeting with CITY, CONTRACTOR, and DESIGNER; distribute minutes to all parties. b. Prepare agenda and facilitate (15) weekly construction meetings with CITY and DESIGNER; distribute minutes to all parties. c. Review and monitor CONTRACTOR's schedule on a monthly basis, and advise CITY of schedule impacts and deviations from CONTRACTOR's critical path item(s). d. Review and monitor CONTRACTOR's as -built documentation on a monthly basis, and advise CITY and CONTRACTOR of deviations or deficiencies. e. Receive and review all payment requests, and make recommendations for payment as appropriate. Note: compliance with certified payroll is not included in this scope of work. f. Evaluate all document changes issued by the DESIGNER prior to issuance to the CONTRACTOR, and make revision recommendations to the CITY as appropriate. g. Review and submit written recommendations to the CITY for all CONTRACTOR requests for proposed change in scope compensation. Review CONTRACTOR's cost estimates, and negotiate changes to the contract consistent with CITY direction. Prepare final change orders and distribute to all parties. h. Prepare and manage the Project Submittal Log; verify submittals are complete before forwarding on to the DESIGNER for review and response. Facilitate and distribute reviews and responses. i. Prepare and manage the Project RFI Log; receive, review and verify RFI's are complete, warranted, and in compliance with Contract Page 2 of 4 Exhibit A SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No. P17004.00 February 03, 2017 Documents before forwarding on to DESIGNER for review and response. Facilitate and distribute reviews and responses. j. Prepare and manage the Project Inspection Log for all inspections required on the project. Note: SSA does not furnish inspections, nor manage the Inspector of Record, the inspection requests, or inspection scheduling. k. Prepare agenda and facilitate (1) substantial -completion meeting with the CITY and DESIGNER. Review punchlist notes by the CITY and DESIGNER; incorporate into a formal punchlist and distribute to all parties. 1. Prepare agenda and facilitate (1) final -completion meeting with the CITY and DESIGNER. Review meeting notes by CITY and DESIGNER; incorporate into a formal recommendation of acceptance or second punchlist and distribute to all parties. m. Ensure that the CONTRACTOR has provided all Project records, drawings, 0&M manual, warranties and guarantees, and test reports as required in the specifications and as directed by CITY. Phase Four Deliverables: Eighteen (18) construction meetings, including agendas and minutes Project logs (items 4.i, 4.j, 41) III. PROPOSED FEES The detailed scope of work in Section II is proposed on an hourly basis. The fees will be based hours spent on the project, per the rate schedules included in the attached EXHIBIT B: Standard Billing Rate Schedule, including reimbursable expenses, travel time, and travel mileage. Compensation Notes: 1. SSA will invoice the CITY on a monthly basis for all services rendered. Invoicing will be consistent with the above phases. 2. Reimbursable expense rates are shown in the attached EXHIBIT B: Standard Billing Rate Schedule. The actual amount of reimbursable expenses will vary based on project requirements, but will generally include the items listed in EXHIBIT B, as well as the increased Professional Liability insurance coverage required for SSA by CITY from $1,000,000.00 per claim to $2,000,000.00 per claim. 3. SSA will invoice the hours worked against the Task Order (purchase order) established by the CITY. The initial Task Order has been established at $50,000. Based on our understanding of our level of involvement, we anticipate exceeding this amount, at which time an additional Task Order will be requested. IV. ADDITIONAL SERVICES SSA may provide additional services, as requested in advance by CITY. Additional services will be negotiated separately based on the billing rates contained in the attached "Standard Billing Rate Schedule" and must be pre -authorized in writing by CITY prior to the commencement of work. Additional services may include, but are not limited to: 1. Task Order increases to cover overages of the initial $50,000 budgeted. 2. Extensions in the project schedule beyond the anticipated dates furnished by DESIGNER. 3. Unforeseen changes in the scope of work, design program, budget, or schedule. 4. Attendance at any meetings or public hearings not explicitly listed in Section II. 5. Preparation of meeting minutes or agendas not explicitly listed in Section II. 6. SWPPP management, monitoring, coordination, QSD or QSP services. 7. Geotechnical Report. 8. Arborist Report. 9. Topographic Survey. 10. Any permits, fees or jurisdictional administrative coordination necessary to construct the project. 11. Inspector of Record, special inspections, or inspection coordination. Page 3 of 4 Exhibit A SUNRISE PARK ALL-WEATHER FIELD PROJECT MANAGEMENT City of Rohnert Park Proposal No. P17004.00 February 03, 2017 12. Project Notice of Completion. 13. Bid support, bid phase services, value engineering services, bid alternate services, or plan holder management. 14. Extension of increased Professional Liability insurance coverage beyond April 2018. V. SCHEDULE We will provide our services on an `On -demand' schedule where we will return all deliverables within 10 working days from the date of request received. During construction, we can address and respond to items that require a quicker turn -around on a case-by-case basis. VI. INSURANCE SSA will provide a current insurance certificate. As per our agreement with the CITY, SSA has added an additional $1,000,000 in coverage to our Professional Liaiblity insurance policy to meet the $2,000,000 per claim requirement. This additional coverage has been added as an expense to the project and will be in place until April 2018. In the event the project is not complete by that date, the CITY agrees to compensate SSA for renewing the additional coverage. In addition, the CITY has agreed to accept the current SSA Business Auto policy coverage in the amount of $1,000,000. We look forward to the opportunity to work with the City of Rohnert Park on this exciting project. Sincerely, 1: . - Scott Reeves, PLA, QSD Associate Principal California Registered Landscape Architect #5331, exp.12/31/18 Page 4 of 4 Exhibit A L A N D S C A P E A R C H I T E C T S, I N C. EXHIBIT B STANDARD BILLING RATE SCHEDULE Effective through December 2017 PROFESSIONAL SERVICES Principal Landscape Architect $195.00 / Hour Associate Principal $177.00/ Hour Senior Project Manager $164.00/ Hour Project Manager $144.00 / Hour Landscape Architect $122.00 / Hour AutoCAD Technician $106.00 / Hour Staff Clerical, Administrative $92.00 / Hour REIMBURSABLE EXPENSES Subconsultants Direct Billing x 1.10 In -House Office Services: As listed below x 1.10 Plotting: Transparencies: Color Bond $4.55/sf Color Black & White Bond $2.90/sf Black and White Vellum $4.20/sf Mylar $9.50/sf Color Laser Prints: Blueprints: 8.5 x 11 $.50/each 24 x 36 11 x 17 $.85/each 30 x 42 Black & White Laser Prints: 8.5 x 11 $.10/each 11 x17 $.15/each CD Media: CDR $5.00/each Outside Reimbursable Expenses: Reproduction, photography, shipping and postage, miscellaneous expenses Direct Cost x 1.10 Travel: Mileage $.535/ mile Other travel expenses Direct Cost x 1.10 $3.00/each $2.00/each $2.00/each $2.50/each Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6C2 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 February 28, 2017 Administration Don Schwartz, Assistant City Manager Don Schwartz, Assistant City Manager Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency (SCWMA) RECOMMENDED ACTION: Approve Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency (SCWMA). BACKGROUND: The SCWMA was formed in 1992 to address state legislation requiring cities and counties to divert a minimum of 50% of their waste from landfill disposal by 2000. The SCWMA's core programs include Wood Waste and Yard Debris (organic material) processing, Household Hazardous Waste (HHW) collection and proper disposal, solid waste education and outreach, and solid waste planning and reporting. The SCWMA's term was originally set for 25 years, but all members, including the City, agreed to extend the term an additional year, so the JPA expiration is February 11, 2018. If the SCWMA is not extended or replaced, the services must be assumed by its members within their jurisdictions. ANALYSIS: The SCWMA Board of Directors, City and County staff, and governing Councils and Boards have been discussing the future of SCWMA programs for over three years. During that time, the efficacy of SCWMA programs has been examined by third parties and determined to have greater value performed by the SCWMA than with each jurisdiction performing the tasks individually. The City Council considered this topic in January, 2016 and provided direction on various points. The Agreement reflects the Council direction on all key issues. The Amended and Restated agreement retains the existing core programs (organics, HHW, education/outreach, and planning/reporting), while introducing the following noteworthy provisions: • Continuing with the current composting program (directing green waste and wood waste to out of county compost facilities) and allowing members to opt into new programs • Allowing for HHW collection and processing to continue at the Central Disposal Site and adding flexibility to establish sites elsewhere in the County ITEM NO. 6C2 • Allowing members the option to participate in additional, non-core programs, and requiring that only participating members incur any additional costs for implementing those programs • Removing the 25 year term (the SCWMA would remain in existence until dissolved), but requiring that a review of SCWMA programs be performed every ten years during a public meeting to determine whether any agreement amendments are necessary • Retaining the unanimous vote requirement for the acquisition of interest in real property with a value of greater than $250,000 • Requiring a supermajority vote (8/10) for the adoption of the SCWMA annual budget or budget amendments, authorization of expenditures of $250,000 or more to a single source within a single fiscal year, and incurrence of debt from public or private lending or financing sources in an amount of $250,000 or more • Removing provisions requiring the County to provide sites for composting and HHW at the Central Landfill • Allowing jurisdictions to appoint either elected officials or staff to the Agency Board. Attachment A summarizes the new agreement. Attachment B compares the key terms of the existing and proposed agreements. For the agreement to become effective, all participating members must approve the agreement in the same form. The agreement has been reviewed thoroughly by attorneys representing all Sonoma County cities and the County, and all legal concerns were addressed in this final draft. The SCWMA Board of Directors reviewed and approved for distribution the attached agreement for the SCWMA at their December 21, 2016 meeting. Any changes to the agreement could lead to considerable delay in approving an amended JPA. Arriving at this agreement language has required many hours of collective negotiations from the cities and County, and even minor changes will require additional analysis and consideration by all participating members. ALIGNMENT WITH STRATEGIC PLAN: Approving the new JPA is consistent with the Strategic Plan goal of providing quality services to our residents. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends approving the JPA because it creates the ability to provide the most cost-effective services to residents. 2 ITEM NO. 6C2 2. Alternative: Staff also considered providing these services directly and did not recommend this option because it would be much more expensive both financially and in staff time. FISCAL IMPACT/FUNDING SOURCE: There are no additional funding impacts expected from the approval of the Amended and Restated Joint Exercise of Powers Agreement for the SCWMA, as the funding sources for that agency (tipping fee surcharges, grants, and agreement -defined contributions) are not expected to change in the FY 2017-18 Fiscal Year. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: February 3, 2017 City Manager Approval Date: February 7, 2017 Attachments (list in packet assembly order): Attachment A: Memo summarizing key agreement provisions Attachment B: Comparison of Existing and Proposed Agreement Provisions Attachment C: Amended and Restated Joint Exercise of Powers Agreement Attachment D: Resolution . .,& Attachment A 101 5X BEST BEST & KRIEGER ATTORNEYS AT LAW Memorandum To: Patrick Carter From: Ethan Walsh Agency Counsel Date: January 13, 2017 Re: Amended and Restated Joint Exercise of Powers Agreement I. Introduction This memorandum summarizes the key provisions of the Amended and Restated Joint Powers Agreement ("the "JPA Agreement") that the Sonoma County Waste Management Agency ("Agency") Board directed staff to pass on to the Members, for consideration by their legislative bodies. I have also enclosed a document that compares some of the key provisions of this Agreement to the Original Joint Powers Agreement, as it has been amended to date. II. Key Terms of Draft Agreement A. Core Programs. (Section 4) The Agency's core programs include: (1) Household Hazardous Waste Recycling Program; (2) Composting Program; (3) Education Program; and (4) Reporting Program. 1. Household Hazardous Waste Program: (Section 4.A) This section largely tracks the language in the current JPA agreement and allows that the HHW Program will continue as is. The one significant change is that the description of this program allows that while the program is currently operated at the Central Landfill, that location may be moved as deemed necessary or appropriate by the Board. This language is intended to give the Board flexibility to relocate the program if needed during the life of the Agency. 2. Composting Program: (Section 4.13) This Section contains the most significant changes to any of the Core Programs. i. Current Program: (Section 4.B.i) The draft JPA Agreement provides that the Agency may continue to operate its current composting program, which consists of the collection and processing of yard waste, residential food waste and wood waste at the Central Landfill and Transfer Stations (Section 4.B.i). This language is intended to ensure that the Agency has the authority to continue operating its current program of hauling compostable materials received from member agencies for so long as this service is needed. ii. Withdrawal from Current Program: (Section 4.B.ii) This section allows that members can withdraw from the current program with ninety (90) days written notice to the Agency. We recognize that some of the member 38066.00003\29488103.1 BEST BEST & KRIEGER ATTORNEYS AT LAW agencies are exploring different options for composting, and may want to enter into an alternative arrangement separate from the other members. This withdrawal provision is intended to give all members the flexibility to transition to a different option, while still allowing the other members to continue with the existing program for as long as necessary. The compost program is funded from tipping fees collected from compost delivered to the Central Landfill and Transfer Stations. So if an individual member withdraws, that member will no longer be charged for composting. Further, the Agency is only charged for the compost materials delivered to the various out of county composting facilities utilized as part of the current program. These factors allow for a fairly straight forward transition if a member or members withdraw from the Current Program. A member that has withdrawn may rejoin the Current Program, but only if approved by a majority vote of the Board. iii. Alternative Composting Programs: (Section 4.B.iii) This section provides the Agency with the authority to develop an alternative program for composting to serve all or some of the Agency's members. However, any alternative program would have to be developed through a separate agreement between the participating members, or through an additional amendment to the JPA Agreement. This gives the Agency the ability to take the lead in developing a composting solution for the region, and the flexibility to either implement a program itself, or allow member agencies to develop a program or programs to meet their needs. 3. Education Program. (Section 4.C) The Agency will continue to operate its education program as it has in the past. The new language is not intended to change the Agency's existing program. 4. Reporting Program. (Section 4.1)) The Agency will continue to serve as a Regional Agency and conduct mandated reporting for the member agencies as required under the Integrated Waste Management Act. The language in this section regarding civil penalties, contingency plans, and members' duties and responsibilities is taken from the First Amendment to the current JPA Agreement, which originally established the Agency as a regional agency for reporting purposes. This language does not make changes to the Agency's existing reporting program. B. Additional Programs: (Section 5) The Agreement allows that the Agency can develop and implement additional regional programs related to waste diversion for the member agencies. These types of programs could include the development of ordinances or programs on a regional basis that would further the Agency's waste diversion goals. However, these programs would only be implemented in jurisdictions that actually approved the program or ordinance. This section allows the Agency to continue to develop and implement programs similar to the plastic bag ban, but also allows individual members to retain their legislative -2- 38066.00003\29488103.1 BEST BEST & KRIEGER ATTORNEYS AT LAW authority to decide whether or not they want to adopt these programs in their jurisdiction. Further, funding for any of these additional programs would be incorporated into the Agency budget, so that the Board members can ensure that the Agency is not spending an undue amount of resources on these additional programs. Additionally, once an Additional Program is developed, if some, but not all of the members choose to participate in that program and have the Agency implement that program for them, those members will need to pay the Agency for the cost of implementation. This would not include the cost of developing the additional program, which would be shared by all members and would be paid for out of the Agency fee charged against solid waste received in the County. It would also not include the indemnification of individual members from a challenge to the additional program. So, if the Agency developed a model ordinance and that model ordinance was adopted by members as an additional program, the Agency would still indemnify the individual member against any legal challenges to that ordinance, even if not all members choose to participate in the program. C. Term: (Section 6.B) This section provides that the Agency shall remain in existence until it is dissolved (i.e., no fixed term). This is in contrast to the Original Agreement, which included a 25 year term, at the end of which the Agency would be dissolved. The JPA agreement does include a separate section providing that the Agency shall conduct a public meeting every ten years to review the terms of the Agreement, and the Executive Director and Agency Counsel will make a recommendation on whether any amendments to the Agreement are needed. (Section 8.11) This section does not require the Members to make any amendments, nor does it prevent the Members from making amendments at another time. D. Directors and Alternates: (Section 7.13) The Board composition will remain the same, with each member having one spot on the Board, and the members having the option of appointing an elected official or staff member, at their discretion. E. Supermajority Vote Items. (Section 8.F) The Board will need an 8/10 to approve any of the following items: (i) Approval or amendment of the Agency budget; (ii) incurrence of debt greater than $250,000; (iii) expenditures in an amount greater than $250,000; and any increases or adoption of new fees. Additionally, the Board will need unanimous approval of acquisition of any interest in real property with a value of greater than $250,000. These sections are changed from the original agreement, which required a unanimous vote for major project expansions, approval of the budget, and capital expenditures of greater than $50,000. F. Withdrawal of Members. (Section 10.E) The draft JPA Agreement provides that any Member may withdraw from the Agency upon one hundred eighty (180) days written notice to the Agency and the other Members, provided that the withdrawal can only be effective at the end of a given Fiscal Year. The Agreement provides that in the event a Member withdraws, the Agency will have no obligation to disburse any property or assets to the withdrawing member, and the Agency shall have no further obligation to the withdrawing Member. -3- 38066.00003\29488103.1 BEST BEST & KRIEGER ATTORNEYS AT LAW G. Dissolution of the Agency. (Section 10.G) The draft JPA Agreement includes a provision allowing for the dissolution of the Agency. The Agency can be dissolved by a unanimous vote of the Board and approval of the Members' governing boards, provided that the Agency will not be dissolved until all its debts and liabilities are eliminated. If the Agency has remaining assets after all debts and liabilities are eliminated, those are divided amongst the members on a pro rata basis, based on the population of the member agencies. H. Agreements with Individual Member Agencies. (Section 12.G) In addition to including the Agency's authority to continue to collect the Waste Management Fees, Composting Fees, and any fees adopted in the future to fund its programs, the amended and restated JPA Agreement grants explicit authority for the Agency to enter into individual agreements with member agencies to make available some or all of the Core Programs and Additional Programs in exchange for direct compensation. This is intended to grant the Agency more explicit authority to enter into arrangements similar to the Agency's existing relationship with the City of Petaluma. I. Provisions Removed from the Current JPA Agreement. The current JPA Agreement includes certain provisions that require the County to provide sites for the operation of the composting operation and household hazardous waste sites at the Central Landfill. These provisions are not included in the new draft JPA Agreement. The County and Agency both recognized that the current JPA Agreement does not have sufficient detail regarding the terms pursuant to which the Agency can use the Central Landfill, and therefore entered into separate License Agreements that govern the use of property at the Central Landfill. Given that the Agency has separate, detailed agreement that govern the Agency's use of the County's property, it is unnecessary to include those provisions as a term of the JPA. Further, the Agency should retain flexibility to relocate both the composting and household hazardous waste recycling programs as necessary. Rather than specifying a location for these programs, the draft JPA Agreement gives the Agency additional discretion by not committing to a specific location. -4- 38066.00003\29488103.1 Attachment B COMPARISON OF KEY JPA TERMS Terms Original JPA Agreement Amended and Restated JPA Agreement (1) Household hazardous waste (2) Wood Core programs are essentially the same: (1) waste (3) Yard waste (4) Public education Household hazardous waste (2) diversion of and (5) Regional reporting of waste organic materials (includes yard waste and Core Programs diversion wood waste) (3) Public education (4) Regional reporting Agency can implement "non-core Agency has the authority to implement programs", including adoption of Additional Programs related to its ordinances. Participants may elect to either overarching purpose of increasing waste participate or not participate in non-core diversion in the Member's jursidictions. programs. Additional programs may include adoption of model ordinances to be considered by Additional Programs individual jurisdictions, implementation of the programs adopted by model ordinances, and development or participation in regional plans related to waste diversion. County is required to provide a site free at Agency will continue to operated its current the Central Landfill for wood and yard waste composting program, which consists of composting. (Sec. 5) All Members are hauling organic waste from the Central required to cause all wood waste and yard landfill and transfer stations to out -of - waste to go to Central Landfill for treatment. county facilities. Members can withdraw from the current composting program with 90 days written notice. Agency will additionally work on developing an Composting Program alternative program for composting or other forms of organic materials diversion. Any new composting program will be implemented through separate agreements between the parties, and each Member will have the option to participate, address composting in some other manner. County is required to provide a site free at Acknowledges that the HHW program is the Central Landfill for HHW acceptance. currently operated at the Central Landfill The HHW program is available to residents pursuant to a license agreement with the Household Hazardous of all member agencies. County, but allows that the Location may Waste Program move, or additional locations may be added from time to time. Attachment B Terms Original JPA Agreement Amended and Restated JPA Agreement The Agency has the authority to adopt The Agency can develop additional ordinances to implement programs related programs, which may include model to waste diversion. Each agency can decline ordinances. If the Agency choose to to participate in the program adopted by implement the terms of model ordinances, it Adoption of Ordinances ordinance. can enter into individual agreements with members, and agree to indemnify the member for implementation of the ordinances. While each member can decide whether or The cost of development of additional not to participate in "non-core" programs, programs will be paid out of general Agency non -participation does not reduce a funds. If the Agency develops an additional member's fiscal participation. program, and some but not all of the members participate, then each member Cost of Additional that participates will be responsible for the Programs costs of implementing the program in its own jurisdiction. 10 member Board of Directors. One vote Same per jurisdiction. Board members are elected Board Representation officials or staff, as determined by member governing boards. Unanimous vote required for budget 8/10 vote required for approval or approval, capital expenditure over $50,000, amendment of the budget, incurrence of and major program expansions. All other debt of $250,000 or more, expenditures of votes are majority. $250,000 or more, any increase or imposition of new fees. Unanimous vote Voting Requirements required for acquisition of real property valued at $250,000 or more. All other votes are majority. JPA agreement has a 25 year term (has been JPA agreement will continue in effect until extended by one year). the Agency is dissolved by the action of the Members. However, the Agency Executive Term of JPA Agreement Director conduct a public meeting at least once every 10 years to review the Agreement, to see whether updates are necessary. Attachment B Terms Original JPA Agreement Amended and Restated JPA Agreement Not addressed. Allows that any member can withdraw from the Agency with a minimum of 180 days written notice, with the withdrawal effective at the end of the fiscal year in which the 180 notice period ends. Withdrawing members Withdrawal of Members do not receive a distribution of assets or have any further obligations to the Agency Not addressed. Agency may be dissolved by the unanimous approval of the Members' boards. The Agency shall not be dissolved until all debts and liabilities have been eliminated and paid in full. The remaining assets of the Agency Dissolution of Agency will be distributed to the members on a proportionate basis, based on each member's population at the time of dissolution. Attachment C AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR THE SONOMA COUNTY WASTE MANAGEMENT AGENCY THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT ("Agreement') is made and entered into as of March 1, 2017 ("Effective Date"), by and among the County of Sonoma, a political subdivision of the State of California, the City of Cotati, a California municipal corporation, the City of Cloverdale, a California municipal corporation, the City of Healdsburg, a California municipal corporation, the City of Petaluma, a California municipal corporation, the City of Rohnert Park, a California municipal corporation, the City of Santa Rosa, a California municipal corporation, the City of Sebastopol, a California municipal corporation, the City of Sonoma, a California municipal corporation, and the Town of Windsor, a California municipal corporation (collectively "Members" and each individually a "Member"). RECITALS A. The Members are authorized and empowered to contract with each other for the joint exercise of powers pursuant the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) (the "JPA Act"). B. The California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) (the "Integrated Waste Management Act") requires Members to divert recyclable and recoverable materials from the waste stream and to cooperate to achieve certain waste diversion goals. C. On or before September 9, 1992, the Members entered into that certain Agreement between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal With Waste Management Issues (Wood Waste, Yard Waste, Household Hazardous Waste, and Public Education) (the "Original Agreement") to enable the Members to jointly exercise their powers to address issues related to the management of wood waste, yard waste and household hazardous waste and to provide public education related to waste diversion within the Members' jurisdictions. D. The Original Agreement created a separate public entity known as the Sonoma County Waste Management Agency (the "Agency") to implement the purposes of the Original Agreement. E. On January 24, 1996, the Members entered into that certain First Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues (the "First Amendment"). F. On March 27, 2014, the Members entered into that certain "Second Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers 1/13/2017 38074.0000 1\29307286.10 Attachment C Agency to Deal with Waste Management Issues (the "Second Amendment') G. The Members desire to continue to jointly exercise common powers and authority through the Agency and to amend and restate the terms of Original Agreement as amended by the First Amendment and the Second Amendment, as with respect to the terms and provisions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the matters recited and the mutual promises, covenants, and conditions set forth in this Agreement, the Members hereby agree as follows: 1. DEFINITIONS As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows: A "Agreement" means this Amended and Restated Sonoma County Waste Management Agency Joint Exercise of Powers Agreement. B. "Agency" shall mean the Sonoma County Waste Management Agency, which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq. C. "Board of Directors" or "Board" shall mean the governing body of the Agency as established by Section 7 of this Agreement. D. "Bylaws" shall mean the bylaws adopted by the Board of Directors pursuant to Section 9.05 of this Agreement to govern the day-to-day operations of the Agency. E "Director" and "Alternate Director" shall mean a Director or Alternate Director appointed by a Member pursuant to Section 7.13 of this Agreement. F. "First Amendment" shall have the meaning set forth in Recital E. G "Fiscal Year" shall mean that period of 12 months established as the Fiscal Year of the Agency pursuant to Section 12.13 of this Agreement. H "Food Waste" shall mean a waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption; and that is separated from the municipal solid waste stream. Food waste includes, but is not limited to, food waste from food facilities as defined in Health and Safety Code section 113789 (such as restaurants), food processing establishments as defined in Health and Safety Code section 111955, grocery stores, institutional cafeterias (such as, cafeterias in prisons, schools and hospitals), and residential food scrap collection. Food waste does not include any material that is required to be handled only 1/13/2017 38074.0000 1\29307286.10 Attachment C pursuant to the California Food and Agricultural Code and regulations adopted pursuant thereto. I "Hazardous Waste" shall mean waste as defined in Section 40141 of the Public Resources Code and Section 25117 Health and Safety Code that is, waste or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. J "Household Hazardous Waste" shall mean waste materials determined by the California Department of Resources Recycling and Recovery, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be of such a nature that they must be listed as hazardous in state statutes and regulations, and which are toxic/ignitable/corrosive/reactive, or carcinogenic/mutagenic/teratogenic; and are discarded from householders as opposed to businesses. K "Integrated Waste Management Act" shall mean the California Integrated Waste Management Act of 1989, set forth at California Public Resources Code Section 40000 et seq., including all laws and regulations supplemental thereto, as they may be amended from time to time. L "JPA Act" shall mean the Joint Exercise of Powers Act, set forth at California Government Code, sections 6500, et seq., including all laws and regulations supplemental thereto, as they may be amended from time to time. M. "Member" or "Members" shall mean the agencies as listed in the preamble of this Agreement, above. N "Original Agreement" shall have the meaning set forth in Recital C. O. "Regional Agency" shall mean the designation of the Agency as a "Regional Agency" by the California Integrated Waste Management Board in compliance with Public Resources Code Section 40975. P. "Residential Food Waste" shall mean Food Waste generated by people residing within the Members' jurisdictions who own or occupy single family homes or residential structures with no more than four separate residential living units. Q. "Second Amendment" shall have the meaning set forth in Recital F. R "Wood Waste" shall mean solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, process or storage of raw wood materials, or construction and demolition activities. S. "Yard Waste" shall mean any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including but not limited to, yard 3 1/13/2017 38074.0000 1\29307286.10 Attachment C clippings, leaves, tree trimmings, pruning, brush, and weeds. T. 2. PURPOSE A. Amended and Restated Agreement. The purpose of this Agreement is to modify and amend the Original Agreement with respect to the purposes, membership, governance, administration and operation of the Agency, and to allow the Agency to continue operations for an extended term as set forth herein. The terms and provisions of this Agreement replace the Original Agreement as amended by the First Amendment and the Second Amendment in its entirety. Unless expressly stated herein, this Agreement does not affect any of the Agency's contracts, debts, revenues, claims, obligations, policies, procedures or bylaws that pre -date this Agreement, which will continue to remain in full force and effect in accordance with their terms and/or applicable law. B. Continuation of the Sonoma County Waste Management Agency as a Separate Public Entity. The Members created the Agency as a distinct public entity, separate and apart from the Members, pursuant to and in accordance with the provisions of the JPA Act. It is the intent of the Members that under this Agreement the Agency shall continue as a distinct public entity under the JPA Act and other applicable law. C. Core Programs. The Agency has the authority to provide the following core programs to the Members: (1) Provide for the recycling and disposal of Household Hazardous Waste from the Members' jurisdictions (the "Household Hazardous Waste Program"); (2) provide services and programs to provide for or facilitate the diversion of organic material, including but not limited to Yard Waste and Wood Waste (the "Organic Materials Program"); (3) provide education regarding recycling, composting and other methods of waste diversion to Members and the public (the "Education Program"); and (4) conduct, prepare and submit all monitoring and reporting as a Regional Agency as required pursuant to the Integrated Waste Management Act (the "Reporting Program"). The Agency may not add to or eliminate these core programs except by amendment of this Agreement. The Core Programs are further described in Section 4 of this Agreement. D. Additional Programs. The Agency may conduct additional planning activities and development of regional programs that are related to the furtherance of increasing waste diversion within the Members' jurisdictions, provided that implementation of any regional program or plan developed by the Agency within any individual Member's jurisdiction shall be subject to the review and approval of the Member's governing body. The Additional Programs are further described in Section 5 of this Agreement. 3. POWERS A. General Powers. The Agency shall have the powers common to the Members to this Agreement that are necessary or convenient to the implementation and ongoing operation of the Core Programs and Additional Programs, as well as other powers accorded to it by law, 4 1/13/2017 38074.0000 1\29307286.10 Attachment C subject to the restrictions set forth herein. B. Specific Powers. The Agency is authorized in its own name to perform all acts necessary for the exercise of common powers to carry out this Agreement, including but not limited to the following: i. To make and enter into contracts; ii. To employ agents and employees; iii. To obtain legal, financial, accounting, technical and other services as needed to carry out its purposes; iv. To acquire, construct, manage, maintain and operate any buildings, works, or improvements; V. To acquire, hold, lease or dispose of property; vi. To incur debts, liabilities, and obligations; vii. To impose, levy, collect or cause to be collected, to receive and use charges and fees as provided by law; viii. To accumulate operating and reserve funds and invest the same as allowed by law for the purposes of the Agency. ix. To apply for, accept and receive all permits, grants, loans or other aids from any federal, state or local public agency; X. To receive donations of property, funds, services and other forms of financial assistance from any person, entity or agency; xi. To invest money that is not needed for immediate necessities, as the Board determines to be advisable, in the same manner and upon the same conditions that apply to other local agencies as specified in Section 53601 of the Government Code. xii. To sue and be sued in its own name; xiii. To promulgate, adopt and enforce any by-laws, rules, regulations, policies and procedures in accordance with Section 5 of this Agreement as may be necessary and 5 1/13/2017 38074.0000 1\29307286.10 Attachment C proper to implement and effectuate the terms, provisions and purposes of this Agreement; and xiv. To carry out any power necessary or incidental to the foregoing powers in the manner and according to the procedures provided for under the law applicable to the Members to this Agreement and to perform all other acts necessary or proper to fully carry out the purposes of this Agreement. C. Restriction on Exercise of Powers. Pursuant to the JPA Act, all common powers exercised by the Agency shall be exercised in a manner consistent with, and subject to, the restrictions and limitations upon the exercise of such powers as are applicable to the County of Sonoma. 4. CORE PROGRAMS A. Household Hazardous Waste Program. Pursuant to a license agreement between the Agency and the County of Sonoma, the Agency operates a program at the Sonoma County Central Landfill (the "Central Landfill") for the collection and storage of Household Hazardous Waste. The Agency separately contracts with an operator to collect, sort, store, package and transfer the Household Hazardous Waste collected by designated haulers and other entities approved by the Agency, and from members of the public who are residents of a Member. Hazardous Waste generated by small quantity generators may be accepted, but shall be funded entirely by the generators using the service. The Household Hazardous Waste Program shall continue to exist and operate in compliance with all applicable laws, rules and regulations and in substantially the same manner as on the Effective Date of this Agreement, provided that the Agency Board shall be permitted to change the location of the program or add additional locations from time to time, as deemed necessary or convenient by the Agency Board, and to make other changes to the program as necessary to ensure continued compliance with all applicable laws, rules and regulations. B. Organic Materials Program. The Agency has the authority to operate a program for the diversion of organic material, including but not limited to yard waste and wood waste. i. Current Program. As of the Effective Date, the Agency operates a program for the collection and processing of Yard Waste, Residential Food Waste and Wood Waste received at the Central Landfill or the Annapolis, Guerneville, Healdsburg and Sonoma Transfer Stations (collectively, the "Transfer Stations") from any source within the jurisdictions of the members that participate in the program (the "Current Composting Program"). The Current Composting Program is and shall continue to be funded by a tonnage disposal fee levied against Yard Waste, Residential Food Waste and Wood Waste received at the Central Landfill and the Transfer Stations. The Agency shall continue to operate the Current Composting Program, provided that the Agency may from time to time change the locations at which the Yard Waste, Residential Food Waste and Wood Waste are received, until such time that: (i) The Agency and/or individual Members 6 1/13/2017 38074.0000 1\29307286.10 Attachment C have developed and implemented an alternative program or programs that provides for the diversion of organic material, including, at a minimum, Yard Waste, Residential Food Waste and Wood Waste, for all of the Members as contemplated in Section 4.B.iii below, or (ii) each of the Members has withdrawn from the Current Composting Program, as permitted under Section 4.B.ii below. ii. Withdrawal from Current Program. Any of the Members may withdraw from the Current Composting Program upon ninety (90) days written notice to the Agency. Upon withdrawal from the Current Program, the withdrawing Member shall no longer be permitted to deliver Yard Waste, Residential Food Waste and Wood Waste to the Central Landfill or Transfer Stations for processing. A Member that has withdrawn from the Current Composting Program or is not participating as of the Effective Date, may rejoin the Current Composting Program if such request to rejoin is approved by the Agency Board. Even if all Members withdraw from the Current Program, the Agency shall retain the authority set forth in subsection iii below, even if that authority is not exercised. The withdrawal of all Members from the Current Program shall not constitute an elimination of the Organic Materials Program requiring an amendment to this Agreement. iii. Alternative Organic Materials Programs. The Agency shall have the authority, at the direction of the Agency Board, to solicit information and/or request proposals for alternative programs for diversion of organic materials to serve some or all of the Members. The Agency shall serve as a resource to its Members in developing solutions for the diversion of organic materials that will serve the region, either through the development of a single regional organic materials program or multiple programs serving individual Members or groups of Members, including providing advice and expertise to such Members, as directed by the Agency Board. The Agency shall further have the ability to develop and implement an alternative organic materials program that serves the Members or a portion of the Members, provided that any such program shall be implemented through a separate agreement or amendment to this Agreement, and shall be approved by the governing board of each participating Member, and any Member that is not participating in such a future organic materials program shall not have any obligations, financial or otherwise, pursuant to such future organic materials program. C. Education Program. The Agency provides information and education to individuals using the Agency's services and individuals who live or work in the Members' jurisdictions in order to maximize use of the Agency's programs, encourage recycling and other forms of waste diversion, and otherwise further the purpose and goals of the Agency. The Education Program shall continue to exist and the Agency shall continue to operate such program in compliance with all applicable laws, rules and regulations in furtherance of the Agency's purposes and goals, as directed by the Agency Board. D. Reporting Program. Regional Agency. The Agency is and shall continue to be a Regional 7 1/13/2017 38074.0000 1\29307286.10 Attachment C Agency for purposes of Section 40971 of the Integrated Waste Management Act, and the Members are member agencies of the Regional Agency, and shall conduct all reporting required for a Regional Agency in accordance with the Integrated Waste Management Act. ii. Civil Penalties. In the event any civil penalties are levied against the Agency pursuant to the Integrated Waste Management Act, the Agency shall research the cause for which civil penalties are being levied. Research may include, but is not limited to, any of the following: Review of landfill disposal origin data, review of hauler origin data, performance of a solid waste disposal study, performance of a solid waste characterization study and/or performance of a solid waste diversion study. Agency shall cooperate with Members, the responsible Member(s) and regulators to identify corrective steps that might be taken prior to assessment of penalties, if any. The Agency shall assign responsibility for payment of any civil penalties as follows: (a) The Agency shall pay the entire penalty, or (b) an individual Member is responsible for the assessment of the civil penalty and the entire penalty shall therefore be imposed upon that member for payment of the penalty; or (c) multiple Members, but not all Members, are responsible for the assessment of the penalty and the penalty therefore shall be allocated equally upon those responsible Members, or (d) the Agency and the individual Members which are also responsible for the penalty shall pay the penalty in amounts proportionate to their responsibility for the penalty. Before apportioning a penalty to one or more Members pursuant to this Section, the Agency shall provide written notice to such Members that explains the basis for apportionment of responsibility for the penalty, and shall provide an opportunity for a hearing before the Agency Board prior to assessment of any such penalty. iii. Contingency Plan. Should the Agency be dissolved for any reason, or should a Member withdraw from this Agreement, each Member or the former Member shall be responsible for complying with the requirements of the Integrated Waste Management Act within their respective jurisdictional boundaries in accordance with the programs set out in the Agency's documents. iv. Members' Duties and Responsibilities. Each Member is responsible for implementing and meeting the mandated diversion requirements within its jurisdictional boundaries. 5. ADDITIONAL PROGRAMS A. Authority to Develop Additional Programs. The Agency has the authority to develop and implement Additional Programs that are related to the Agency's overarching purpose of increasing waste diversion in the jurisdictions of the Members. The types of Additional Programs authorized under this section include, but are not limited to, development of model ordinances related to waste diversion which may be considered by the legislative bodies of the Members; implementation of waste diversion programs in Member jurisdictions that are adopted pursuant to such model ordinances; development of or participation in regional plans or efforts to 1/13/2017 38074.0000 1\29307286.10 Attachment C reduce the amount of recyclable, compostable or hazardous materials in the region's solid waste stream; and researching and disseminating information to the Members regarding methods to reduce solid waste and increase waste diversion in the region. B. Approval by Members Prior to Implementation in Specific Jurisdictions. The implementation of any Additional Programs developed pursuant to this Section 5 in individual jurisdictions, including but not limited to ordinances, regulations or similar legislative actions, shall be subject to the approval of such Member prior to implementation of such program in the Member's jurisdiction. The Agency additionally may enter into agreements with individual Members to implement and/or participate in the enforcement of such programs. C. Costs of Implementation of Additional Programs. In the event that individual Members approve an additional program developed by the Agency pursuant to this Section and desire that the Agency implement and/or participate in the enforcement of such program within the Member's jurisdiction, each individual Member shall bear the reasonable cost of the Agency's implementation and/or enforcement of any additional program in their respective jurisdictions. The reasonable cost of implementation and/or enforcement within a Member's jurisdiction shall be determined by the Agency and shall be paid by the Member in accordance with the terms of an agreement entered into between the Agency and Member pursuant to Subsection 5.13, or if all Members participate in the additional program such costs of implementation may be paid directly by the Agency. The costs of implementation and/or enforcement of an additional program which shall be borne by individual Members based on this Subsection 5.0 specifically exclude the cost of development of the additional program, including but not limited to staff, consultant and legal costs incurred in the research, preparation and drafting of the additional program, environmental analysis required prior to the adoption of the program, including but not limited to analysis in accordance with the California Environmental Quality Act (Public Resources Code §§21000 et seq.), and the cost to indemnify, defend and hold harmless individual members that are made party to any claim, suit or similar proceeding challenging the validity of the additional program. D. Additional Programs Included in Budget. The cost of development and/or implementation of any Additional Programs pursuant to this Section 5 shall be included in the Agency Budget. 6. EFFECTIVE DATE AND TERM A. Effective Date. This Agreement shall become effective on March 1, 2017, or the date upon which all authorized representative of all the Members have executed this Agreement, whichever is later. Such date shall be the "Effective Date" for purposes identified herein. B. Term. The Agreement shall remain effective until the Agency is dissolved pursuant to the provisions set forth in Section 10.17, subject to the rights of individual Members to withdraw from the Agency. E 1/13/2017 38074.0000 1\29307286.10 Attachment C 7. AGENCY BOARD A. Board of Directors. The Agency is governed and administered by a Board of Directors ("Board") that is composed of one voting seat per Member. B. Directors and Alternates. Each Member shall appoint one Director and at least one Alternate Director to the Board. One of the Alternate Directors, as directed by the Member, shall serve and assume the rights and duties of the Director when the Director is unable to attend a Board meeting. The Primary and Alternate Directors shall be either an elected or appointed members of the Member's governing body, or an employee of the Member. Directors and Alternate Directors shall serve at the pleasure of the Member appointing them and they may be removed at any time, with or without cause, in the sole discretion of the Member. Each Director and Alternate Director shall hold office until their successor is selected by the Member and the Agency has been notified of the succession. In the event that a Director or Alternate Director loses their position as a member of their appointing body's governing body or as a Member employee, that Director or Alternative Director position shall become vacant and the governing body of that Member shall appoint a new Director or Alternative Director. C. Agency Officers. The Board of Directors shall select, from among themselves, a Chair who shall be the presiding officer of all Board of Directors meetings, a Vice Chair who shall serve in the absence of the Chair and a Chair Pro Tempore who shall serve in the absence of both the Chair and the Vice Chair. In addition, the Board of Directors shall appoint a Clerk (who need not be a Director) to be responsible for keeping the minutes of all meetings of the Board and posting agendas. D. Board Committees. The Board of Directors may from time to time appoint one or more advisory committees or establish standing or ad hoc committees to assist in carrying out the purposes and objects of the Authority. The Board shall determine the purpose and need for such committees. E. No Personal Liability of Board Members. Under the JPA Act, no Director shall be personally liable for any debts, obligations or liabilities of the Agency, nor subject to any personal liability or accountability by reason of the Agency's incurrence of debts, obligations or liabilities. 8. BOARD MEETINGS AND VOTING A. Regular Meetings. The Board shall hold its regular meetings pursuant to a meeting schedule as established by resolution of the Board, but may cancel such regular meetings as it deems necessary or appropriate. B. Special Meetings. Special meetings of the Board may be called by the Chair or as provided for in the Rules of Governance adopted by the Board. 10 1/13/2017 38074.0000 1\29307286.10 Attachment C C. Call, Notice and Conduct of Meetings. All meetings of the Board shall be noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq. D. Quorum. Five Board members shall constitute a quorum of the Board. E. Voting—Regular Items. An affirmative vote of at least a majority of the Board members attending a meeting is required for the Agency to take any action. F. Super -Majority Vote Items. A super -majority vote, which for purposes of this Agreement constitutes a vote of 8/10 of all members of the Board (currently 8 of 10 members) is required for the Agency to take action on any of the following items: Approval or amendment of the Agency Budget; ii. Incurrence of debt from public or private lending or financing sources in an amount of $250,000 or more; iii. Authorization of expenditures of $250,000 or more to a single source within a single fiscal year; iv. Any increase in fees or imposition of any new fees. G. Unanimous Vote Items. A unanimous vote is required for the Agency to acquire any interest in real property with a value of $250,000 or more. H. Public Meeting for Periodic Review of Agreement. The Board shall conduct a public meeting not less than once every ten (10) years following the Effective Date to review the terms and conditions of this Agreement and discuss whether any amendments to this Agreement are necessary or advisable. At such public meeting the Executive Director and Agency Counsel shall make a report to the Board recommending any amendments to the Agreement, and if directed by the Board shall draft proposed amendments to this Agreement for consideration by the governing boards of each Member. This section shall not preclude the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 13.13 of this Agreement. 9. OPERATIONS AND MANAGEMENT. A. Executive Director. The Agency may appoint an Executive Director, from time - to -time as and when it deems appropriate. If appointed, the Executive Director shall serve at the 11 1/13/2017 38074.0000 1\29307286.10 Attachment C pleasure of the Board of Directors and his or her duties and responsibilities shall be set forth via a vote of the Board. B. Legal Counsel and Other Officers. The Agency may appoint Agency Legal Counsel who shall serve at the pleasure of the Board via a vote of the Board. Subject to the limits of the Agency's approved budget, the Board shall also have the power to appoint and contract via a vote of the Board for the services of other officers, consultants, advisers and independent contractors as it may deem necessary or convenient for the business of the Agency, all of whom shall serve at the pleasure of the Board. C. Treasurer, Controller and Annual Audit. The Sonoma County Auditor - Controller -Treasurer -Tax Collector shall act as the Treasurer and Controller for the Agency. The Treasurer and Controller shall perform all usual and customary duties of their offices for the Agency, including but not limited to receiving all deposits, issuing warrants per direction, and other duties specified in Government Code section 6505.5. The Board may transfer the responsibilities of the Treasurer and/or Controller to any other person or entity as the law may provide at the time (see e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to be made by a certified public accountant, or public accountant, in compliance with Government Code section 6505. D. Employees and Mana-e�. In addition to, or in lieu of, hiring employees, the Agency may engage one or more Members to manage any or all of the business of the Agency or to provide employees to manage any or all of the business of the Agency on terms and conditions acceptable to the Board of Directors. Any Member so engaged shall have such responsibilities and shall be compensated as set forth in the agreement for such Member's services entered into by and between such Member and the Agency, which agreement shall be approved by the Board. Notwithstanding the foregoing, the Director appointed by the Member providing such services shall not vote on the agreement to provide such services. E. Other Agency Services. The Agency may further engage one or more Members to provide additional services and resources as necessary or desirable for the administration of the Agency, including but not limited to building use, administrative services, purchasing, human resources, purchasing and other administrative services. Any Member so engaged shall have such responsibilities and shall be compensated as set forth in the agreement for such Member's services entered into by and between such Member and the Agency, which agreement shall be approved by the Board. Notwithstanding the foregoing, the Director appointed by the Member providing such services shall not vote on the agreement to provide such services. F. Rules of Governance. The Board shall adopt Rules of Governance governing the conduct of meetings and the day-to-day operations of the Agency, which Rules of Governance may be amended from time to time. G. Conflict of Interest Code. The Board shall adopt and file a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974. 12 1/13/2017 38074.0000 1\29307286.10 Attachment C 10. RELATIONSHIP OF AGENCY AND ITS MEMBERS A. Separate Public Entity. In accordance with California Government Code Sections 6506 and 6507, the Agency shall be a public entity separate and apart from the parties to this Agreement. B. Name. The Agency may change its name at any time through adoption of a resolution of the Board of Directors. C. Liabilities. In accordance with Government Code section 6508.1, the debts, liabilities and obligations of the Agency shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of the Agency. A Member who has not agreed to assume an Agency debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of the Agency. D. Indemnity. Funds of the Agency may be used to defend, indemnify, and hold harmless the Agency, each Member, each Director, and any officers, agents and employees of the Agency for their actions taken within the course and scope of their duties while acting on behalf of the Agency. To the fullest extent permitted by law, the Agency agrees to save, indemnify, defend and hold harmless each Member from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, or are attributable in whole or in part to the Agency's programs. Notwithstanding the foregoing, the sole negligence, gross negligence, or intentional acts of any Member is exempted from the indemnification provided by this Section 10.1). E. Withdrawal of Members. Any Member shall the have the ability to withdraw by providing a minimum of one hundred eighty (180) days written notice of its intention to withdraw to the Agency and the other Members, which withdrawal shall be effective only at the end of the Fiscal Year in which the one hundred eighty (180) day written notice period is completed. Subject to the terms of any lease or license agreement, any Member who withdraws from the Agency shall retain any real property interests already owned by such Member. Upon withdrawal, the withdrawing Member shall not be entitled to distribution of any Agency property or assets; rather the Agency shall retain all property interests and assets used by the Agency in furtherance of its purpose under this Agreement. Upon withdrawal of a Member, the Agency shall have no further obligation to provide any of the programs described in Section 2.0 and 2.1) to that Member. In the event of a withdrawal, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 5.E below. F. Continuing Obligations upon Withdrawal. The withdrawal of one or more Members shall not terminate this Agreement or result in the dissolution of the Agency, and the Agency shall remain in operation provided that there are at least two Members which remain in 13 1/13/2017 38074.0000 1\29307286.10 Attachment C the Agency and subject to this Agreement. G. Dissolution. The Agency may be dissolved at any time upon the unanimous approval of the Members' governing boards. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated. Upon dissolution of the Agency, each Member shall receive its proportionate share of any remaining assets after all Agency liabilities and obligations have been paid in full. Each Member's proportionate share of such remaining assets shall be determined by the Agency Treasurer based upon the estimated total population of each Member in proportion to the total estimated population of all Members at the time of dissolution. The estimated population of the Members shall be determined based on the estimated population report published by the California State Department of Finance, or if such report is no longer published, by such other method of determining population as agreed upon by the Members. The distribution of remaining assets may be made "in kind" or assets may be sold and the proceeds thereof distributed to the Members. This distribution shall occur within a reasonable time after dissolution. No former Member that previously withdrew shall be entitled to a distribution upon dissolution. 11. AUTHORITY RETAINED BY MEMBERS A. Approval by Members. This Agreement requires specific approval from the legislative bodies of the Members for certain actions provided for under this Agreement. These actions include: i. Implementation of an Additional Program in a Member's jurisdiction (Section 2.1), Section 5). ii. Approval of an alternative organic materials program (Section 4.B.iii). iii. Dissolution of the Agency (Section 10.G). iv. Amendment of this Agreement (Section 13.13). B. No Limitation on Members. Nothing in this Agreement shall be construed as a limitation on the legislative authority or constitutional police powers of the Members. 12. FINANCIAL PROVISIONS A. Establishment of Funds. The Agency shall establish and maintain such funds and accounts as may be required by general accepted public agency accounting practices. The Agency shall maintain strict accountability of all funds and report all receipts and disbursements of the Agency on no less than a quarterly basis. B. Fiscal Year. The Fiscal Year of the Agency shall be from July 1 to June 30. C. Budget. Prior to the end of each Fiscal Year, the Board shall adopt a budget for the Agency for the ensuing Fiscal Year. The Board may authorize mid -year budget adjustments, as needed. 14 1/13/2017 38074.0000 1\29307286.10 Attachment C D. Waste Management Agency. The Agency's programs are funded in part through a tip fee charge on waste entering the County of Sonoma's waste disposal system to fund the cost of the programs and services provided by the Agency, which the County of Sonoma collects and remits to the Agency (the "Waste Management Agency Fee"). The County, either directly or through its Contractor, shall continue to collect and remit such Waste Management Agency Fee to the Agency for the term of this Agreement, unless and until the Agency provides written notice directing the County to cease collecting such fee. The County's obligation to collect and remit the Waste Management Agency Fee shall survive the County's withdrawal from the Waste Management Agency. E. Current Composting Program Fee. The Current Composting Program is primarily funded by a tip fee that is charged to all Yard Waste, Wood Waste and Residential Food Waste received at the Central Landfill and the Transfer Stations (the "Current Composting Program Fee"). The County, either directly or through its Contractor, shall continue to collect and remit the Current Composting Program Fee to the Agency for so long as the Agency is operating the Current Composting Program, unless and until the Agency provides written notice to the County to cease collecting the Current Composting Program Fee. At such time that the Agency ceases its operation of the Current Composting Program, the Agency shall provide written notice to the County, and the County shall have no further obligation to collect and remit the Current Composting Program Fee to the Agency. The County's obligation to collect and remit the Waste Management Agency Fee shall survive the County's withdrawal from either the Current Composting Program or the Waste Management Agency. F. Additional Fees. The Agency may establish, levy and collect such other fees or surcharges for services provided by the Agency in furtherance the Core Programs and Additional Programs to fund the Agency's costs of providing such services, as permitted by law. G. Agreements with Individual Member Agencies. In the event that a Member does not provide its jurisdiction's waste to the County of Sonoma's waste disposal system and therefore does not contribute to the Waste Management Agency Fee, Agency may, at its discretion, enter into separate agreements with such individual Members to make available some or all of the Core Programs and Additional Programs in exchange for compensation from the Member for the costs of the Programs provided. H. Insurance. The Agency shall be required to obtain insurance, or join a self- insurance program in which one or more of the Members participate, appropriate for its operations. Any and all insurance coverages provided by the Agency, and/or any self-insurance programs joined by the Agency, shall name each and every Member as an additional insured for all liability arising out of or in connection with the operations by or on behalf of the named insured in the performance of this Agreement. Minimum levels of the insurance or self-insurance program shall be set by the Agency in its ordinary course of business. The Agency shall also require all of its contractors and subcontractors to have insurance appropriate for their operations. All amounts coverages and provisions of the insurance policies identified in this subsection H shall be subject to the approval of Agency Counsel. 13. MISCELLANEOUS PROVISIONS 15 1/13/2017 38074.0000 1\29307286.10 Attachment C A. Agreement Complete. This Agreement constitutes the full and complete agreement of the Members. This Agreement supersedes all prior agreements and understandings, whether in writing or oral, related to the subject matter of this Agreement that are not set forth in writing herein. B. Amendment. This Agreement may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies. Such amendments shall be in the form of a writing signed by each Member. C. Successors and Assigns. The rights and duties of the Members may not be assigned or delegated without the written consent of all other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. Any assignment or delegation permitted under the terms of this Agreement shall be consistent with the terms of any contracts, resolutions or indentures of the Agency then in effect. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Members hereto. This section does not prohibit a Member from entering into an independent agreement with another agency regarding the financing of that Member's contributions to the Agency or the disposition of proceeds, which that Member receives under this Agreement so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Agency or the Members under this Agreement. D. Execution in Counterparts. This Agreement may be executed in counterparts, each counterpart being an exact duplicate of all other counterparts, and all counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. E. Member Authorization. The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below. F. Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses set forth for each of the Members hereto on Exhibit "A" of this Agreement, or to such other changed addresses communicated to the Agency and the Members in writing. G. Severability and Validity of Agreement. Should the participation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member's authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered into this Agreement upon the same remaining terms as provided herein. IR 1/13/2017 38074.0000 1\29307286.10 Attachment C IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused their names to be affixed by their proper and respective officers as of the day and year first above - written. ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: Assistant County Counsel ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1/13/2017 3 8074.00001 \29307286.10 COUNTY OF SONOMA Chair Board of Supervisors CITY OF SANTA ROSA Mayor SIGNATURES CONTINUED ON FOLLOWING PAGE 17 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1/13/2017 3 8074.00001 \29307286.10 CITY OF ROHNERT PARK Mayor CITY OF SEBASTOPOL Mayor CITY OF SONOMA Mayor SIGNATURES CONTINUED ON FOLLOWING PAGE 18 Attachment C IM 1/13/2017 3 8074.00001 \29307286.10 Attachment C ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1/13/2017 3 8074.00001 \29307286.10 CITY OF CLOVERDALE Mayor CITY OF PETALUMA Mayor CITY OF COTATI Mayor SIGNATURES CONTINUED ON FOLLOWING PAGE g1 Attachment C 21 1/13/2017 3 8074.00001 \29307286.10 Attachment C ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Wj 1/13/2017 3 8074.00001 \29307286.10 CITY OF HEALDSBURG Mayor TOWN OF WINDSOR Mayor Attachment C EXHIBIT A NOTICE INFORMATION FOR MEMBERS COUNTY OF SONOMA: County of Sonoma Attn: County Administrator 575 Administration Drive Suite 104A Santa Rosa, CA 95403 CITY OF SANTA ROSA City of Santa Rosa Attn: City Manager 100 Santa Rosa Avenue Room 10 Santa Rosa, CA 95404 CITY OF ROHNERT PARK City of Rohnert Park Attn: City Manager 130 Avram Avenue Rohnert Park, CA 94928 CITY OF SEBASTOPOL City of Sebastopol Attn: City Manager 7120 Bodega Avenue P.O. Box 1776 Sebastopol, CA 95473 CITY OF SONOMA City of Sonoma Attn: City Manager No. 1, the Plaza Sonoma, CA 95476 [CONTINUED ON NEXT PAGE] a3 1/13/2017 38074.0000 1\29307286.10 Attachment C 24 1/13/2017 38074.0000 1\29307286.10 Attachment C CITY OF CLOVERDALE City of Cloverdale Attn: City Manager 124 North Cloverdale Blvd. Cloverdale, CA 95425 CITY OF PETALUMA City of Petaluma Attn: City Manager 11 English Street Petaluma, CA 94952 CITY OF COTATI City of Cotati Attn: City Manager 201 West Sierra Avenue Cotati, CA 94932-4217 CITY OF HEALDSBURG City of Healdsburg 401 Grove Street Healdsburg, CA 95448 TOWN OF WINDSOR Town of Windsor Attn: Town Manager 9291 Old Redwood Highway P.O. Box 100 Windsor, CA 95492-0100 047 1/13/2017 38074.0000 1\29307286.10 Attachment C RESOLUTION NO. 2017-025 RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING OF THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR THE SONOMA COUNTY WASTE MANAGEMENT AGENCY WHEREAS, the Cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, and Windsor and County of Sonoma (Membership) entered into a certain agreement for the joint exercise of powers in the form of the Sonoma County Waste Management Agency (SCWMA) to deal with waste management issues originally in February 1992; and WHEREAS, the Membership of the SCWMA amended the Joint Powers Authority (JPA) agreement in the First Amendment on January 24, 1996; and WHEREAS, the Membership of the SCWMA amended the JPA agreement in the Second Amendment January 29, 2014; and WHEREAS, the original term of the JPA agreement was 25 years and would expire on February 11, 2017; and WHEREAS, the Membership of the SCWMA extended the term of the JPA agreement for one additional year, to February 11, 2018; and WHEREAS, the Board of Directors of the SCWMA has analyzed the functions and programs of the SCWMA in great detail and determined that approving the attached Amended and Restated Joint Exercise of Powers Agreement for the SCWMA provides more benefits to the Membership than the alternatives examined. NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Rohnert Park approves of this Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency. BE IT FURTHER RESOLVED Board authorizes the Mayor to execute the Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency. DULY AND REGULARLY ADOPTED this 28th day of February, 2017. CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: JoAnne Buergler, City Clerk Attachment: Amended and Restated Joint Exercise of Powers Agreement AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) ITEM NO. 6C3 r4N``Rr n"R+ Mission Statement "We Care for Our Residents by Working Together to Build a 19 Gz Better Communityfor Today and Tomorrow." CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: February 28, 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 Finance Director to Increase Budget Appropriations from the Senior Center Donations Account for an Auto -opening Door and Sports Center Facility Fee for Replacement of Weight Equipment and a Drinking Fountain RECOMMENDED ACTION: Authorize the Finance Director to increase budget appropriations from the Senior Center Donations Account for an auto -opening door and Sports Center Facility Fee for replacement of weight equipment and a drinking fountain. BACKGROUND: Senior Center: A need has been identified at the Senior Center for an auto -opening door. This would allow seniors to push a button that would automatically open the door. The estimated cost for the new door is $6,500. Sports Center: The drinking fountain in the lobby of the Sports Center is outdated and does not provide chilled water. Staff would like to replace the existing fountain with a new chilled water drinking fountain similar to the drinking fountains in the men's and women's locker rooms. Staff advertised the drinking fountain replacement project and the cost from the low bidder is $6,900. It is standard to budget a 10% contingency on construction projects in the event that unforeseen conditions arise during construction. The total cost would be $7,600. In addition to the drinking fountain replacement, several pieces of equipment in the Sports Center Weight Room need replacement due to wear and tear that have left some components severely damaged. Members of the Sports Center are beginning to submit formal complaints about the failing weight equipment. Replacement costs are estimated to be $20,000. Lastly, several pieces of the "selectorized" weight equipment in the Cardio Room are antiquated and have been requiring more routine maintenance. Staff is no longer able to obtain parts when the equipment fails. New "selectorized" weight equipment would allow easier use for members as well as provide a circuit training option in the Cardio Room. Replacement costs are estimated to be $45,000. ANALYSIS: Senior Center Donation Fund: The Senior Center has a donation account that can be used for repairs or upgrades to the Senior Center. At this time, there is $12,201 available. Sports Center Capital Facility Fee: On July 1, 2014, as part of the recreation fee setting process, a new $2 facility fee was applied to all Sports Center memberships for the purpose of funding facility equipment and maintenance costs. By establishing the facility fee, the City has created a mechanism to reinvest in recreation facilities for the benefit of the patrons (fee payers). At this time, Sports Center Capital Facility Fund has $105,786 available. The City Council adopted a Facility Fee Use Policy for utilization of Facility Fee funds. The policy allows the City Manager to make expenditures from the fund to enhance and improve the facility. Staff has determined that the expenditures listed above are consistent with the Facility Fee Use Policy. STRATEGIC PLAN ALIGNMENT: This project is consistent with Strategic Plan Goal D5 — Improve and Develop Community Service Programs to meet the Changing Needs of the Community. OPTIONS CONSIDERED: 1. Authorize the appropriations from Senior Center Donations and Sports Center Capital Facility Fee to fund the two projects. This appropriation would provide new amenities. Staff recommends this option. 2. The City Council could choose not implementing the improvements. FISCAL IMPACT: Staff is recommending increasing appropriations in the Senior Center and Sports Center Capital Fund budgets to construct the projects and replace equipment. There will be some nominal costs for ongoing maintenance of new equipment that will be accounted for in the yearly operating budgets of the two facilities. Department Head Approval Date: 2/13/17 Finance Director Approval Date: 2/22/17 City Attorney Approval Date: N/A City Manager Approval Date: 02/22/17 Attachments: 1. Resolution RESOLUTION NO. 2017-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO AUTHORIZE AN INCREASE IN BUDGET APPROPRIATIONS FROM SENIOR CENTER DONATIONS AND SPORTS CENTER CAPITAL FACILITY FEE FUND WHEREAS, the City has identified amenity projects at the Sports Center and Senior Center; and WHEREAS, staff has determined that there is a need at the Senior Center for an auto -opening door; and WHEREAS, the Senior Center has donations that can be used for repairs or upgrades to the Senior Center; and WHEREAS, the Sports Center has an established $2 facility fee on all Sports Center memberships and the City Council approved the Facility Fee Use Policy for the purpose of funding facility improvement costs ; and WHEREAS, members of the Sports Center have requested a new chilled water drinking fountain similar to the drinking fountains in the men's and women's locker rooms; and WHEREAS, several pieces of equipment in the Sports Center Weight Room need replacement due to wear and tear and members of the Sports Center are submitting formal complaints; and WHEREAS, several pieces of the "selectorized" weight equipment in the Cardio Room are antiquated and staff is no longer able to obtain parts when equipment fails; and WHEREAS, there are sufficient funds in the Sports Center Facility Fee Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the Director of Finance, or his/her designee, to increase appropriation in the Senior Center operating budget in the amount of $6,500 and in the Sports Center Capital Facility Fee Fund in the amount of $72,600 for these projects. DULY AND REGULARLY ADOPTED this 28th day of February 2017. CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: JoAnne Buergler, City Clerk AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2017-026 N6RT Pp$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: February 28, 2017 Department: Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Maya Labourdette, Management Analyst Agenda Title: Discussion and Direction on Aquatics Program and Pool Facilities RECOMMENDED ACTION: Provide direction to staff on Aquatics programming and pool facilities. BACKGROUND: ITEM NO. 8 Historically, the City operated five public swimming pools: Alicia, Benicia, Ladybug, Honeybee and Magnolia. In July 2009, two of the City's neighborhood pools, Alicia and Ladybug, were permanently closed in response to the City's severe budget deficits. A year later, the City also took Magnolia (M) Pool out of operation in order to consolidate the City's Aquatics Program to further mitigate budget shortfalls. M Pool was kept in a condition that would allow for future re- opening and therefore it continued to incur on-going operating expenditures. In 2013, staff provided City Council with a swimming pool status update and needs assessment. This assessment predicted that re -opening M Pool would require annual general fund support of $37,500. Due to the cost and historical low attendance of M Pool, staff recommended keeping M pool closed through FY 2013-14 and re-evaluating it the following budget year. However, residents of M Section made a case for the re -opening of M Pool, and as of July 1, 2013 M Pool was re -opened on a seasonal and part-time basis. Currently, the City operates three swimming pools. Honeybee (H) Pool offers year-round lap swim, summertime swim lessons, and hosts the Rancho Cotati and Tech High swim teams during the high school swim season and the Piranha Swimming competitive swim team during the non - summer months. Benicia (B) and Magnolia (M) Pools are open seasonally (June — August) for swim lessons, public swim and pool rentals. The Piranha swim team also moves to M Pool during the summer swim season to accommodate swim lessons at H Pool. Attendance at M Pool continues to be considerably lower than Benicia or Honeybee Pools, suggesting the need for careful consideration of the City's Aquatics Program and municipal swimming pools. ANALYSIS: Challenges with City Pools: Capital Investment: All municipal pools are expensive to maintain and they require major capital repairs/replacements to keep up their appearance and usability. The City recently invested close to $1.5M for the renovation of B Pool, which re -opened to the public on June 4, 2016. H Pool will require major capital improvements within the next three years at an 1 ITEM NO. 8 estimated cost of $1.1M. M pool is currently in very good condition, but staff anticipates that mechanical components will need replacement in approximately five years at an estimated cost of $175,000, and the pool surface liner will need replacement in eight to ten years at a cost of $635,000 (costs include inflation). Lifeguard Staff: Another challenge facing the City's Aquatics Program is the difficulty in recruiting lifeguard staff. Staff has confirmed that this is a problem for public pools county- wide. During last year's swim season, City staff had to cancel public swim at M Pool on several occasions because the City did not have adequate lifeguard staff available. This arguably had a negative impact on attendance at M pool, as patrons need to be able to rely on the pool's posted hours of operation. In hopes of mediating this problem, staff have already started a more visible recruitment campaign to secure qualified lifeguards for the upcoming swim season. Community Benefit Considerations: Offering quality pool facilities and swim programming to the public is an expensive endeavor that competes with other general fund priorities. Community benefit is carefully considered to justify the costs of operating a municipal pool. Staff notes that due to low attendance at M Pool, the resources required to operate it provides very low community benefit. Rohnert Park has always generously provided its residents with pool options. Table 2 lists the number of public pools and population per city in Sonoma County. Rohnert Park offers more City operated swimming pool options than Santa Rosa. This gives rise to the question of whether the benefits that residents of Rohnert Park receive from having access to three pools warrants the costs to operate them. Table 2: Population and Number of City -Operated Pools per Sonoma County City City: Population: Number of Pools: Cloverdale 8,618 0 Healdsburg 11,254 1 Petaluma 59,440 1 Rohnert Park 41,398 3 Santa Rosa 171,990 2 Sebastopol 7,596 1 Sonoma 10,892 0 Windsor 27,464 1 Challenges with M Pool: The City's three pools vary considerably in attendance, revenue earnings and cost recovery percentages. M Pool historically has significantly lower attendance than B and H Pools. Lower attendance at M pool translates into much lower cost recovery levels, which means that the City is subsidizing visits to the pool at a higher level than the other City pools. Table 1 below, includes the revenue, costs and cost recovery levels for the three municipal pools over the last three years. Unfortunately, accurate attendance records for each individual pool is not available 2 ITEM NO. 8 for the time period included in the table. However, in FY 2012-13 (the last year with accurate attendance records available), M Pool received 820 visits while B and H Pools received 7,665 and 145,183 visits respectively. Please note that during the years 2014-15 and 2015-16, B Pool was closed for major renovation which greatly reduced both its revenue and cost recovery levels. Some of the pool traffic was re -directed to M Pool during these years, but not to levels that staff would have hoped for revenue generation and improved cost recovery levels. Table 1: Annual Revenue, Costs, Cost Recovery for City Pools Benicia Pool (seasonal) Gross Operational Costs ($) Revenue ($) Net Operational Costs ($) Cost Recovery 2015-16 119,305 19,033 100,272 16% 2014-15 82,299 15,783 66,516 19% 2013-14 95,280 34,891 60,389 37% Average 98,961 23,236 75,726 23% Honeybee Gross Net Cost Pool Operational Revenue ($) Operational Recovery (%) (year-round) Costs ($) Costs ($) 2015-16 288,895 118,019 170,876 41% 2014-15 272,982 112,133 160,849 41% 2013-14 242,765 132,262 110,503 54% Average 268,214 120,805 147,409 45% Magnolia Gross Net Cost Pool Operational Revenue ($) Operational Recovery (/o) (seasonal) Costs ($) Costs ($) 2015-16 94,811 11,336 83,475 12% 2014-15 55,004 17,356 37,649 32% 2013-14 27,985 4,275 23,710 15% Average 59,267 10,989 48,278 19% ITEM NO. 8 Since its re -opening in 2013, staff has continued to have concerns about challenges at M Pool. Although there may be a complex combination of reasons that M Pool has significantly lower attendance and revenue, staff attributes most of the problem to the following factors: • M pool tends to be windier than other City pools; • M section does not host any major summer day camps; • Staff have cancelled public swim at M pool due to lack of available lifeguards; and • M pool has stagnant programming due to uncertainty of future availability. Program Improvement Strategies for M Pool: In an effort to improve attendance figures at M Pool, staff will pursue new programming strategies. Staff will approach the upcoming swim season by evaluating the Aquatics Program as a whole, and by specifically considering and implementing programming improvements that could bolster attendance and increase use of M Pool. During the summer, the swim team practices at M Pool Monday through Thursday from 4:00- 6:00pm. Staff will work with them to have their practices start slightly earlier, so that additional swim programming could be implemented at M Pool during the popular evening timeslots. M Pool is generally too windy in the late afternoons for swim lessons attended by young children who spend a good deal of time at the side of the pool partially submerged in the water. Swim lessons for higher-level swimmers would be appropriate at M Pool because attendees are generally of an older age and they would spend the majority of the time fully immersed in the water. Therefore, staff is planning to program teen/adult swim lessons and swimming endurance/technique classes at M Pool Monday — Thursday evenings. Furthermore, M Pool will be the only City pool that is available for weekend pool rentals. Providing this type of programming at M Pool would allow the City to expand swim lessons and public swim at Benicia and Honeybee pools. Last year, swim lessons at these pools were filled to capacity with more community interest than available space during popular evening hours. Additionally, by transferring an evening lap swim to M Pool, water fitness classes can now be scheduled at B Pool, which is a new program offering for that pool. Parks and Recreation Commission's Recommendation: On February 2, 2017 staff brought the issue of the City's pools and plans for the upcoming swim season to the Parks and Recreation Commission meeting. The Commission unanimously recommended to continue to operate all three pools this upcoming swim season while piloting the above described program improvements Aquatics programming and increasing public outreach to promote the Aquatics Program and M Pool in particular. The Commission also requested that staff evaluate the performance of the swim programming at each pool and return to the Commission with performance data for further recommendation on the operation of the City's pools. If the performance of M Pool does not improve this swim season, the Commission recommends closing it. Furthermore, the Commission recommended that should M Pool be closed, that it be permanently demolished and replaced with an amenity that would provide a higher degree of community benefit. Performance Evaluation of Pools: Even with the programmatic improvements to be implemented at M Pool, staff recognizes that considerable challenges could continue at the pool. While staff and the Parks and Recreation rd ITEM NO. 8 Commission recommends the continued operation of M Pool during the upcoming swim season, continued evaluation and assessment of the pool's performance is in the City's best interest. Staff would implement accurate attendance tracking at all of the City's three pools prior to the start of this swim season. From this information, staff could then calculate the following for each pool: ■ Total Operational Costs, ■ Total Revenue, ■ Net Operational Costs, ■ Cost Recovery Levels, and ■ Cost per Usage or Visit. These calculations would allow staff assess the level of community benefit provided by each of the three pools. The results of this evaluation would be reported to the Parks and Recreation Commission and then brought to City Council as well. Based on this information and analysis, the City could then make the determination of whether M Pool should continue to be part of the City's Aquatics Program or if it makes more sense to consolidate swim programming at the remaining two pools. OPTIONS CONSIDERED: 1) As recommended by the Parks and Recreation Commission, M pool could remain open this upcoming swim season with the addition of the proposed extended programming as described in this report. During the upcoming swim season, staff would carefully track attendance at each pool, along with revenue and expenditures, in order to evaluate the pool's performance and overall community benefit. After the swim season concluded, staff would return to the Parks and Recreation Commission and City Council to report on the performance outcomes of the pools. A final decision about the future of M Pool, or other Aquatics Program issues, could then be carefully determined. Staff recommends this option. 2) M pool could continue to operate status quo. Attendance and revenue would not be expected to increase under this option. Therefore, M pool would remain an under-utilized public amenity and continue to have a low community benefit. As such, the low rate of cost recovery would require a higher-level of City subsidization per pool use. Staff does not recommend this option. 3) M pool could be closed prior to the start of the upcoming swim season. However, without following a proper process of community engagement, this option would most likely be resisted by a handful of residents. Furthermore, the pool would continue to incur expenditures unless it was permanently taken out of service (demolished). Staff does not recommend this option at this time. STRATEGIC PLAN ALIGNMENT: The proposed plan to keep all three City pool in operation this swim season and then to evaluate their performance to aid future Aquatics programming and facility decisions is in alignment with Strategic Plan Goal C. Ensure the highest quality services in the most cost effective manner with an emphasis on customer service. 5 ITEM NO. 8 FISCAL IMPACT/FUNDING SOURCE: The cost to implement the recommended plan for Aquatics in the upcoming swim season will not add any significant operating expenditures to the FY 2017-18 budget. If the programming improvements are successful at M Pool, the increased revenue earned would reduce the burden to the general fund. Closing M Pool, but not demolishing it, would cost the City approximately $10,000412,000 annually in operating costs (power and chemical treatment). Demolishing the pool and adding a new park amenity would be a large capital project that would necessitate further inquiry into cost estimates once the City knew what type of amenity was desired. Department Head Approval Date: 2/10/2017 Human Resources Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 2/23/2017 Attachments (list in packet assembly order): None 0 J. McArthur V. Perrault B. Howze K. Murphy D. Jenkins Poo- _��. e� 1 7 ■ a �x• M�kF Bef�e rogra i i I aq Overview Background Information Overall Aquatic Analysis �:• Capital Investment/Needs ❖ Staffing Challenges ❖ Community Benefit Consideration Magnolia Pool Analysis �:• Unique Challenges Program Improvement Strategies Options Considered A-71 hNI, ❖ Parks and Recreation Commission and Staff Recommendation Fiscal Impact and Next Steps background • Pre 2009 • 2009 • 2010 • 2013 Operated five (5) pools Alicia and Ladybug were closed and eventually demolished. Magnolia Pool closed but was maintained to be open at a future date. Magnolia Pool re -opened. 3 background Current Pool Operation Honeybee Pool operates year-round The newly renovated Benicia Pool operates from .June through August Magnolia Pool is set to operate from dune through August tL� W Overall Aquatic Analysis Capital Investments/Needs Renovations B Pool - $1 .5M in renovations in 2016 H Pool - $1 .1 M in renovations within next three years M Pool - $175,000 in mechanical components in 5 years and $635,000 for pool surface liner in eight to ten years Staff i n g Difficulty in Recruitment and Retention Leads to inconsistent hours and days of operations 5 Overall Aquatic Analysis Community Benefit Considerations Sonoma Windsor AM 8,618 11 ,254 1 59,440 1 41,398 3 1 71 ,990 2 7,596 1 10,892 0 27,464 1 Rohnert Park offers more city operated swimming pool options than Santa Rosa Magnolia Pool Analysis Attendance and Cost Recovery Average from 2014 through 2016 (three summers) 59,267 Note: Benicia pool was closed for major renovations for parts of both the 14-15 and 15-16 summers, affecting both attendance and cost recovery figures. Prior to that, cost recovery was —37%. Magnolia Pool Analysis Since re -opening in 2013 unique challenges have continued: Windier than other City Pools No major day camp usage Staffing challenges Stagnant past programming due to uncertainty of pool's future Magnolia Pool Analysis Program Improvement Strategies - Aquatics System Approach Move swim team practice earlier Allowing PM lap swim and/or other activities Teen and adult swim lessons at M Pool Minimal impacts from weather Allows for additional beginner level lessons at other pools during popular evening hours 0 Magnolia Pool Analysis Program Improvement Strategies (continued) Advanced swim technique classes in the evenings at M Pool (new and not offered at other pools) Move noon lap swim from B to M Pool Allowing water aerobics/fitness classes at B pool (new and not offered at other pools) (M pool has lines on the bottom - B Pool does not) Water Aerobics on Saturday mornings (new and only offered at M Pool during the weekend) Private pool rentals on weekends at M pool only In *Fptions Considered Option 1: Keep M Pool Open with proposed programming (Staff and P&R Commission Recommend this Option) Track attendance, expenses and revenue Aquatic performance review in the fall of 2017 Fiscal Impact - No significant impact to FY 1 7-1 8 hi irinAt *Fptions Considered Option 2: Keep M Pool Open Status Quo Expenses would stay low, however, attendance and revenue would also remain low The pool would be under-utilized offering little Community Benefit Fiscal Impact - Low expense, however low revenue and attendance as well 12 *Fptions Considered Option 3: Close M Pool prior to the start of summer Fiscal Impact without demolishing: $10,000 to $12,000 annually Fiscal Impact with demolishing - Major capital project requiring further cost analysis 13 Next Steps Based on Council Recommendation Staff will: Optionl - Keep M Pool Open: Program all Pools using new strategies/ programs Return to P&R Commission and City Council in the Fall with Summer Aquatic Performance Review Option 2 - Keep M Pool Open Status Quo Option 3 - Close M Pool: Re -program H and B Pool to accommodate as many services as possible 14 �L,JJN r pAR,V .� Mission Statement �� sz "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." �AtlF6 AK''P CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: February 28, 2017 Department: Public Safety, Animal Services Submitted By: Commander Aaron Johnson Prepared By: Commander Aaron Johnson Agenda Title: Animal Shelter Fee Schedule Update RECOMMENDED ACTION: ITEM NO. 9 Approve resolution approving an 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) 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: Approve resolution to increase 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: 2/13/2017 Finance Director Approval Date: N/A City Attorney Approval Date: 2/13/2017 City Manager Approval Date: 2/15/2017 Attachments (list in packet assembly order): 1. Resolution with Exhibit A, Shelter Fees 2. Fee Comparison by City 2 RESOLUTION NO. 2017-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN INCREASE TO THE ANIMAL SERVICES FEE SCHEDULE WHEREAS, Animal Services operates with a fee schedule that was last reviewed and adopted in 2009; and WHEREAS, Rohnert Park Municipal Code Section 6.02.030 of Title 6, Animal Regulation and Protection, provides that "[t]he 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"; and WHEREAS, City staff has conducted an analysis of the costs of animal shelter services and adoptions, and has determined that the Fee Schedule requires modifications to reflect the current operational costs as well as increased staffing costs; and WHEREAS, it is in the interest of the City to operate in a fiscally responsible manner; and WHEREAS, staff has analyzed the needs and options and recommends the increase in fees in Animal Services; and WHEREAS, the proposed fees do not exceed the reasonable costs of providing the services, and are reasonable and proportionate to the cost of providing the service; and WHEREAS, the proposed fee increase is exempt from the California Environmental Quality Act as this action is not considered a "project" as defined in California Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which excludes government funding mechanisms and Section 15273, which excludes modification of rates, tolls, fares and fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve certain adjustments to the animal shelter fees, which are more particularly specified in Exhibit A which is attached hereto and incorporated by this reference. DULY AND REGULARLY ADOPTED this 28th day of February, 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: ( 2 2017-027 Animal Services Fee Schedule Update - 2017* 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 Attachment 2 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 - - - - CITY COUNCIL SPEAKER CARD Date: ' Agenda Item ►#: Y Name: t: Y `\ Address:% ` `- ' Phone: p Torr:'V/, d J Brief Summary of Comments: See Reverse �w• a ni 0 ANIMAL SERVICES FEE RESOLUTION ADOPTION 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. Service Current Rate Proposed Rate Change %Change Units Served Revenue Increase ADOPTIONS 1/• $95.00 $100.00 $5.00 5.26% 189 •4• • Cats $95.00 $100.00 $5.00 5.26%' `I 1,595.00 :. $0.00 $25.00 $25.00 100.00% i WOUNDS (Dogs/Cats) Hobby Non -Profit $0.00 $50.00 $50.00 100.00% 0 $ - Commercial $0.00 $250.00 $250.00 10000% 0 $ - Pet Shop 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 $ - flog/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 $ 41,050.00) LICENSES Hobby Non -Profit $0.00 $50.00 $50.00 100.00% 0 $ - Commercial $0.00 $250.00 $250.00 10000% 0 $ - Pet Shop Dog/Cat - Altered $12.00 $18.00 $6.00 50.00% 4168 $ 25,006.00 Dog/Cat - Unaltered $30.00 $36.30 $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 10000% 0 $ - Pet Shop $0.00 $2543.00 $250.00 100.00% 0 $ - TOTAL REVENUE INCREASE $ 39,'[94.00 Adoption Fees IM wird Fees Dogs Altered Petaluma '$90 Rohite1'T Parc 5100 Sonoma County $126 Pets Lifeline 5150 lylarin Humane Sudety 5175 Sonoma Humane Societe 5190 S65 Petaluma .I Ts $ 69 Petaluma S70 Sonoma Count' $79 Pets Lifeline S$5 Rohnert Park 5100 Marin Humane Soa $100 Smoma Huaaaae Society $105 Rabbits Petaluma S 10 Sonoma Count' S21 Rohnert Park S40 Pets Lifeline S40 Mum Humane Soa . S40 Sonoma Htan.ane Society- S40 5urrrenderedl Annn,ils IM wird Fees Altered Unaltered 'Marin Humane Societe 5215 $SD Pets Lifeline 535 $35 Sonoma Humane Societw S40 $40 Rohnert Park '40 S65 Petaluma S46 $ 69 Soonom C atinl P S55 1$55 IM wird Fees Hats 2=' Pets Lifeline $30 $50 Rohnert Falk S40 S65 Petaluma S45 $45 Sonoma County $60 $125 Marin Hiunane Society S65 $90 Sonoma Humane Sodety $100 $100 cont- - - Lic-eilshig I)an rou POreur.611{- D.1it117(�'Ous Daz-, Potentially Dai aur -� Dangerous Foliner I Paitic S50 S150 Sonoma Co-waty 5131 $328 Mafin Hina ane Societi S,250 $500 Petaluma - - Pets Lifeline - - Sonoma Himme Socievv - - Impound Fees cont... inn. Ceti Altered Unaltered Mariin Himume SecieN Pets Lifeline - $6 Pets Lifeline Robnert Pant S30 $50 oliilC-r°r PaI It MM—in Hlmume S-OeieN S40 S65 Petaluma Petaluma $45 $4.5 Sonoma Hum e- Soc ety SOncala county 5100 $100 Lic-eilshig I)an rou POreur.611{- D.1it117(�'Ous Daz-, Potentially Dai aur -� Dangerous Foliner I Paitic S50 S150 Sonoma Co-waty 5131 $328 Mafin Hina ane Societi S,250 $500 Petaluma - - Pets Lifeline - - Sonoma Himme Socievv - - Ucensia inn. Ceti Altered Unaltered .ate Fee Pets Lifeline S15 $30 - Robnert Pant $1 $36 $25 MM—in Hlmume S-OeieN 19 $,50 - Petaluma 20 $25 $?.1 SOncala county $25 $100 $4 n Lic-eilshig I)an rou POreur.611{- D.1it117(�'Ous Daz-, Potentially Dai aur -� Dangerous Foliner I Paitic S50 S150 Sonoma Co-waty 5131 $328 Mafin Hina ane Societi S,250 $500 Petaluma - - Pets Lifeline - - Sonoma Himme Socievv - - Kennel Licence Commercial Dobby .het S110 Fancier Sonoma County S185 $185 5185 77 :�lll#1'C Park 5250 S50 X250 - '-larin Hxmume Society - - - - Petalluila - - - - Pets Lifeline - - - - Sonoma Hunime Society - - - - n ERT IN -"N 1962 �LpHNERT pARg .� Mission Statement � 6z "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: February 28, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Norm Weisbrod, Technical Advisor ITEM NO. 10 Agenda Title: Introducing an Ordinance Amending the Title and Sections 8.32.020 and 030 of Chapter 8.32 (Use of Tobacco) of the Municipal Code to Include Regulation of Electronic Cigarettes RECOMMENDED ACTION: Waive the first reading and introduce an Ordinance amending the title and certain sections of Chapter 8.32 (Use of Tobacco) of the Municipal Code to include regulation of electronic cigarettes. BACKGROUND: Electronic cigarettes (e -cigarettes) are battery powered devices that heat a liquid substance, which frequently contains nicotine or other harmful chemicals, for the purposes of inhalation by the user. When the charge from the battery warms the liquid it creates an aerosol that resembles smoke from a conventional cigarette that is inhaled and then exhaled into the air as a vapor known as vaping. Like cigarette smoke, the aerosol can carry in the air and may be inhaled by near -by non-smokers. While the science on e -cigarettes is still developing, an increasing amount of research shows that the use of e -cigarettes has negative effects similar to those associated with conventional cigarettes. On May 4, 2016, the state enacted Senate Bill (SB) 5 which amends the definition of "smoking" and "tobacco product" to include e -cigarettes. The effect of SB 5 is to apply the current regulations on the use of cigarettes to e -cigarettes. These regulations include prohibiting the sale of e -cigarettes to minors, applying certain licensing requirements and taxes to e -cigarettes, prohibiting the use of e -cigarettes in certain places and limiting the advertising of e -cigarettes. While the state law provides important limits on the sale and use of e -cigarettes, the City's Municipal Code (Chapter 8.32) prohibits smoking in several places not regulated by state smoking laws, including certain apartment buildings, day care centers and unenclosed spaces in Rohnert Park. Currently the definition of "smoking" and "tobacco products" in Chapter 8.32 does not include e -cigarettes. The proposed amendments would include e -cigarettes in the City's definition of "tobacco product" and e -cigarette use in the City's definition of "smoking." This will ensure consistency in Rohnert Park's regulations for both tobacco products and e -cigarettes. Staff recognizes that this section of the Municipal Code may be amended again as the City Council develops its long-term strategy for regulating marijuana use. However, because marijuana regulation is complex, staff is currently doing a thorough review of the new state law and the City's policy options. To the extent that it is appropriate to amend elements of this chapter to regulate marijuana use, staff will bring those amendments back at a later date. OAK #4831-0316-9347 v1 ITEM NO. 10 ANALYSIS: The City's regulations regarding of tobacco products were adopted in 2009. They are extensive in protecting non-smokers and minors from cigarette and tobacco smoke while still protecting smoker's rights to smoke in their own single-family homes, designated apartment unit and in designated smoking areas. However, they currently do not cover the impact from e - cigarettes. The intent of the code amendment is to place e -cigarettes under the same rules and regulations as other tobacco products sold and used in the city and to align the definitions with state law. Specifically, the proposed ordinance makes the following changes: (1) amends the title to include "Electronic Cigarettes"; (2) adds new findings related to electronic cigarettes; and (3) adds a new definition ("electronic cigarettes") and amends the definitions of smoking and tobacco product to include electronic cigarettes. Applying the regulations under Chapter 8.32 to e -cigarettes will provide for the health, safety and welfare of individuals residing, working or visiting in the City of Rohnert Park. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D — Continue to development a vibrant community. Specifically it aligns with the strategy of improving public programs to meet the changing needs of the community. OPTIONS CONSIDERED: The City Council has the option of not amending the Municipal Code. This would result in different regulatory schemes for e -cigarettes and tobacco related products. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is the staff time associated with implementing the amendment to the Municipal Code. Department Head Approval Date: 02/08/2017 Finance Director Approval Date: NA City Attorney Approval Date: 02/15/2017 City Manager Approval Date: 2/22/2017 Attachments (list in packet assembly order): 1. An Ordinance of the City of Rohnert Park, California, Amending Chapter 8.32 (Use of Tobacco) of the Municipal Code OAK #4831-0316-9347 v1 2 ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING CHAPTER 8.32 (USE OF TOBACCO) OF THE MUNICIPAL CODE WHEREAS, in 2009 the City of Rohnert Park ("City") adopted Chapter 8.32 (Use of Tobacco) as a comprehensive ordinance to address the impacts of smoking on public health; and WHEREAS, in 2015 the California Department of Public Health determined that electronic cigarettes ("e -cigarettes") are a significant public health concern; and WHEREAS, aerosol emissions from e -cigarettes have been found to contain as least ten chemicals that are on California's list of chemicals known to cause cancer, birth defects, or other reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead, nickel, nicotine, N-nitrosonornicotine, and toluene which could have adverse effects on nonsmokers exposed to second hand aerosol emissions; and WHEREAS, people exposed to aerosol emissions from e -cigarettes often absorb nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levels comparable to second hand smoke from tobacco, and are also exposed to volatile organic compounds and other particulate matter that can lead to tissue inflammation; and WHEREAS, non-smokers who suffer from allergies, respiratory disease, or the negative effects of breathing secondhand aerosol emissions from e -cigarettes may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions; and WHEREAS, the proposed amendments to Chapter 8.32 (Use of Tobacco) will include e - cigarettes under the regulations of Chapter 8.32 to provide for the health, safety and welfare of individuals residing, working or visiting in the City of Rohnert Park; NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: SECTION 1. Amendment of Chapter Title. The title of Chapter 8.32 of the Rohnert Park Municipal Code is hereby amended to read: "Use of Tobacco and Electronic Cigarettes." SECTION 2. Amendment of Section 8.32.020. Section 8.32.020, Findings, is hereby amended to include the following additional findings: "G. As aerosol emissions from electronic cigarettes have been found to contain as least ten chemicals that are on California's list of chemicals known to cause cancer, birth defects, or other reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead, nickel, nicotine, N nitrosonornicotine, and toluene, second hand exposure to e -cigarette aerosol is a health concern. H. People exposed to aerosol emissions from electronic cigarettes absorb nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levers comparable to second hand smoke, and are also exposed to volatile organic compounds and other particulate matter that can lead to tissue inflammation. I. Non-smokers who suffer from allergies, respiratory disease, or the negative effects of breathing secondhand tobacco smoke or aerosol emissions from electronic cigarettes may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions." SECTION 3. Amendment of Section 8.32.030. Section 8.32.030, Definitions, is hereby deleted in its entirety and replaced with the following: "8.32.030 Definitions. A. "Business" means the sole proprietorship, partnership, joint venture, corporation, association, nonprofit or other entity formed for public interest or profit-making purposes or that has an employee as defined in this section. B. "Employee" means any person who is employed; retained as an independent contractor by an employer, as defined in this section; or any person who volunteers his or her services for any employer, association, business, nonprofit or volunteer entity. C. "Employer" means any person, partnership, corporation, association, nonprofit, or other entity who employs or retains the services of one or more persons or supervises volunteers. D. "Enclosed" means closed in by a roof and four walls (with the appropriate openings for egress and ingress). This would include but not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, stairwells, common areas _(e.g., laundry and recreation rooms within a multi -unit residential development), that are a structural part of the building. E. "Electronic Cigarette" means an electronic and/or battery operated device that delivers nicotine or other vaporized liquids to the person inhaling the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. F. "Food" means any raw or processed substance, beverage (including frozen or liquid water) or ingredient intended to be used as food, drink, confection, or condiment for human consumption. G. "Head Shop" means a retail outlet that receives 90% or more of its gross revenues from the sale of paraphernalia related to the consumption of cannabis, other recreational drugs and/or new age herbs. Products typically include but are not limited to, water pipes, bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers containing nitrous oxide. H. "Hookah Bar" means a business location that provides for (1) the ingestion, inhalation or consumption of tobacco or tobacco products by way of an apparatus which includes, but is not limited to the following parts: a water vessel, a bowl for holding combustible tobacco or tobacco products and an inhalation hose or tube; or (2) the use of electronic cigarettes. I. "Multi -Unit Residential Development" means a development consisting of residential condominiums, townhouses, rowhouses or apartments, represented by one common property management group or Home Owners Association and providing for -sale, for - lease or for -rent units with complete and independent living facilities for one or more persons. J. "Place of Employment" means any area under the control of an employer or business where an employee can be found to frequent during the course of a work day. For example, cafeterias, conference rooms, lobbies, lounges (break rooms), elevators, hallways, restrooms, stairwells, vehicles and work areas. K. "Private Smokers' Lounge" means an area that is attached to and incidental to a tobacco store that may be occupied by persons eighteen (18) years of age or older who intend to ingest or inhale any electronic cigarette, smoking tobacco or tobacco product by means of a pipe, cigar, cigarette or any other method. Private smokers' lounges do not include hookah bars which are prohibited in the City of Rohnert Park pursuant to Municipal Code, Chapter 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and Self -Service Displays). L. "Smoking" means and includes inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic cigarette, electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. M. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders, cigarette rolling machines or other instruments or things designed for the smoking or ingestion of tobacco or tobacco products. N. "Tobacco Product" means any of the following: (i) a product containing, made, or derived from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (ii) an electronic cigarette; or (iii) any component, part, or accessory of a tobacco product, whether or not sold separately. O. "Tobacco Store" means a retail or wholesale business, with or without an attached private smokers' lounge, that meets all of the following requirements: 1. Primarily sells tobacco, tobacco products, tobacco paraphernalia, or electronic cigarettes. Does not include merchandise that is generally associated with a head shop which is prohibited in the City of Rohnert Park; 2. Generates more than sixty percent (60%) of its gross revenues annually from the sale of electronic cigarettes, tobacco, tobacco products and tobacco paraphernalia; 3. Prohibits any person who is under the age of eighteen (18) years of age from being present or entering the premises unless accompanied by the minor's parent or legal guardian; and 4. Does not sell food (including alcoholic beverages) for consumption on the premises." SECTION 4. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA). As the only effect the amendment will have is to reduce the areas where use of e -cigarettes is allowed, the amendments will have no direct or reasonably foreseeable indirect change on the physical environment. As a result, the amendment is exempted from CEQA under Section 15061(b)(3) of the CEQA Guidelines (general rule exemption). To the extent that there is an effect on the environment, the effect will be to reduce aerosol emissions, which will improve air quality and protect human health. This would exempt the amendment under Section 15308 of the CEQA Guidelines. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. Effective Date. This ordinance shall go into effect thirty (30) days after its adoption. SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced by the City Council of the City of Rohnert Park at the regular meeting held this 28th day of February, 2017 by a vote of the City Council as follows: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Jake Mackenzie, Mayor ATTEST: JoAnne Buergler, City Clerk APPROVED AS TO FORM: Michelle Kenyon, City Attorney 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: February 28, 2017 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Statement of Costs and Special Assessment on 6400 State Farm Drive, Rohnert Park to Recover Nuisance Abatement Costs ITEM NO. 11 RECOMMENDED ACTION: Conduct a public hearing and take no further action on this item. BACKGROUND AND ANALYSIS: City staff has been managing an active nuisance abatement case at 6400 State Farm Drive (the former State Farm corporate campus). The City is authorized, pursuant to the Rohnert Park Municipal Code 1.24.190, to recover all costs associated with nuisance abatements. Further, the City of Rohnert Park is authorized, pursuant to Rohnert Park Municipal Code 1.24.200, 1.27.060 and Government Code 38773.5, to place a special assessment against real property for recovery of abatement costs. Staff has presented the property owner with a demand for payment and has prepared to levy the special assessment by calling a public hearing. On February 22, 2017, the property owner provided the City with a check for the full costs included in the demand for payment. The check has been deposited and, as long as the check clears, there would be no basis for establishing a special assessment. Therefore, staff would recommend no further action on this item. If the check does not clears, staff will provide the City Council with supplemental information for consideration, including a proposed resolution establishing the special assessment. OPTIONS CONSIDERED: None. The property owner has provided the City with a check for the cost of the City's abatement activities. The check has been deposited and as long as the check clears, no further action is necessary. FISCAL IMPACT/FUNDING SOURCE: As long as the property owner's check clears, the City will have recovered its costs and there will be no fiscal impact. If the property owner's check does not clear, staff will provide the City Council with supplemental information to allow the City to establish a special assessment and recover its costs, again resulting in no fiscal impact. Department Head Approval Date: 02/23/2017 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: N/A