2017/05/02 City of Rohnert Park Foundation Agenda PacketCITY OF ROHNERT PARK FOUNDATION BOARD
SPECIAL MEETING NOTICE AND AGENDA
NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING
will be held on Tuesday, May 2, 2017
Open Session: 11:00 a.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3):
Members of the City Council receive no additional compensation as a result of convening meeting of the
City of Rohnert Park Foundation.
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
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 Board which appears on this agenda, after
receiving recognition from the Chair, 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 Board
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), the Board 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 Board 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 staff.
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 Board 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.
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices
upon entering the Council Chamber.
Board Members: Jake Mackenzie, Chair Pam Stafford, Vice Chair
Amy O. Ahanotu, Director Joseph T. Callinan, Director
Gina Belforte, Director
1. CALL TO ORDER/ROLL CALL
2. PRESENTATIONS
3. PUBLIC COMMENTS
Persons wishing to address the Board on Foundation business not listed on the Agenda may
do so at this time. Each speaker will be allotted three minutes. Those wishing to address the
Board on any business item listed on the Agenda should submit a “Speaker Card” to the
Secretary before announcement of that agenda item.
4. APPROVAL OF MINUTES
A. Approval of Minutes of Board Meeting held on February 25, 2016
5. ACTION ITEMS
A. Consideration of Authorizing Appropriations for Fiscal Year 2016-2017 to Fund
Performing Arts Center Activities
1. Staff Report
2. Public Comments
3. Resolution for Adoption:
a. 2017-1 Authorizing Appropriations for Fiscal Year 2016-2017 to Fund
Performing Arts Center Activities
1. Board motion/discussion/vote
B. Consideration of a Contribution to Support the 2017 Project Grad Event
1. Staff Report
2. Public Comments
3. Resolution for Adoption:
a. 2017-2 Authorizing Appropriations for Fiscal Year 2016-2017 to Make a
Contribution to Support the 2017 Project Grad Event
1. Board motion/discussion/vote
C. Consideration of a Memorandum of Understanding with City of Rohnert Park to
Accept Community Investment Recurring Contributions from the Graton
Mitigation Fund
1. Staff Report
2. Public Comments
3. Resolution for Adoption:
a. 2017-3 Authorizing the Executive Director to Execute a Memorandum of
Understanding with City of Rohnert Park to Accept Community
Investment Recurring Contributions from the Graton Mitigation Fund
1. Board motion/discussion/vote
6. REPORTS AND INFORMATIONAL ITEMS
7. COMMUNICATIONS/MATTERS FROM OR FOR THE BOARD
Copies of communications may have been provided to the Board for review prior to this
meeting. Board Members desiring to read or discuss any communication may do so at this
time. Prior to agenda publication, any Board Member may place an item on this portion of
the agenda. Upon the concurrence of two Members, the item may be added to a subsequent
agenda for deliberation and action. In accordance with the Brown Act, at the Board meeting,
Board Members may not add items hereunder, except for brief reports on his or her own
activities or brief announcements regarding an event of community interest.
8. ADJOURNMENT
CERTIFICATION OF POSTING OF AGENDA
I, JoAnne Buergler, Secretary for the City of Rohnert Park Foundation, declare that the foregoing agenda for
the May 2, 2017, Meeting of the City of Rohnert Park Foundation was posted and available for review on April
28, 2017, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928.
Executed this 28th day of April 2017, at Rohnert Park, California.
___________________________________________
JoAnne M. Buergler, Secretary
MINUTES OF THE CITY OF ROHNERT PARK FOUNDATION BOARD MEETING
Thursday, February 25, 2016
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY OF ROHNERT PARK FOUNDATION BOARD MEETING - CALL TO
ORDER/ROLL CALL
Chairperson Belforte called the Special Meeting to order at 1:31 pm, the notice for which being
legally noticed on February 23, 2016.
Present: Board Members
Gina Belforte, Chair
Jake Mackenzie, Vice Chair
Darrin Jenkins, Executive Director
Betsy Howze, Treasurer
JoAnne Buergler, Secretary
Absent: NONE
2. PUBLIC COMMENTS
None.
3. BUSINESS
A. Approval of Minutes of Board Meeting held on November 17, 2015
Recommended Action(s): Approve the Minutes of Board Meeting held on November
17, 2015.
Public Comment: None.
ACTION: Moved/seconded (Howze/Buergler) to approve the recommended action.
Motion carried by the following 3-0-2 vote: AYES: Buergler, Howze,
and Jenkins, NOES: None, ABSTAINS: Mackenzie and Belforte,
ABSENT: None.
B. Board Consideration of Amending the Articles of Incorporation and Bylaws of the
City of Rohnert Park Foundation
Senior Analyst Atkins presented the item. Recommended Action(s): Approve the
Certificate of Amendment of Articles of Incorporation and the amended bylaws of the
City of Rohnert Park Foundation.
Public Comment: None.
City of Rohnert Park Foundation Board Meeting February 25, 2016
Page 2 of 2
ACTION: Moved/seconded (Mackenzie/Howze) to approve the
recommended action.
Motion carried unanimously by the following 5-0 vote: AYES:
Buergler, Howze, Jenkins, Mackenzie and Belforte, NOES: None,
ABSTAINS: None, ABSENT: None.
4. COMMUNICATIONS/MATTERS FROM OR FOR THE BOARD
Executive Director Jenkins informed the Board that he received a request to create
a scholarship for swim lessons. Executive Director Jenkins stated this issue may be
brought forward for Board consideration at a future meeting.
5. ADJOURNMENT
Chairperson Belforte adjourned the Special Meeting at 1:38 pm.
_____________________________________ __________________________________
Caitlin Saldanha, Recording Secretary Jake Mackenzie, Chair
City of Rohnert Park Foundation Board City of Rohnert Park Foundation Board
ITEM NO. 5A
OAK #4833‐5517‐6007 v2 1
Meeting Date: May 2, 2017
Department: Administration
Submitted By: Darrin Jenkins, Executive Director
Prepared By: Leonardo Tacata, Senior Analyst
Agenda Title: Consideration of Authorizing Appropriations for Fiscal Year 2016-2017 to
Fund Performing Arts Center Activities
RECOMMENDED ACTIONS:
Consider for approval and authorize by resolution appropriation of funds for fiscal year 2016-
2017 to support activities at the Spreckels Performing Arts Center
BACKGROUND:
In November of 2008, the City of Rohnert Park (“City”) created a non-profit, charitable
corporation called the Focus Rohnert Park Corporation (“Foundation”). In February of 2012, the
Foundation officially changed its name to the City of Rohnert Park Foundation.
The purpose of the Foundation is to raise and manage funds in connection with civic purposes
and projects. Foundation bylaws define “civic purposes” as “focusing resources on and providing
funding areas of need in the community of Rohnert Park which enhance new partnerships with
community members, nonprofits, foundations, public agencies, and similar entities.”
Furthermore, the bylaws define “civic projects” as “focusing resources on and providing projects
which sustain or enhance the community of Rohnert Park.” Civic projects may include
ceremonies, festivals, or events advancing the spirit of community and open and accessible to all
members of the public.
The Rohnert Park Foundation account is a Special Revenue Fund of the City of Rohnert Park.
Because Foundation revenues and associated costs were not anticipated in the FY 2016-17
budget, the Rohnert Park Foundation account does not have a Fiscal Year 2016-17 appropriation.
To date, the account has accrued a fund balance of $15,367.
The Foundation’s Contributions Policy (Foundation Policy No. 2) allows for potential recipients
to be identified and recommended to the Board by the Executive Director or by any member of
the Board. The Board makes the determination as to any recipients of contributions, as well as
the amount and nature of the contribution.
Analysis:
Spreckels Performing Arts Center (PAC) is a performing arts center in Rohnert Park that
produces award-winning theater, music, and dance productions, as well as other events. These
productions are open to the public and are attended by over 20,000 people per year.
Beverages and wine are being donated to the Foundation and are sold at Performing Arts Center
(PAC) events, the proceeds of which are used to support the PAC and its ongoing productions. In
this fiscal year, proceeds from concessions donations received are about $6,300 year-to-date;
CITY OF ROHNERT PARK FOUNDATION
BOARD OF DIRECTORS AGENDA REPORT
ITEM NO. 5A
OAK #4833‐5517‐6007 v2 2
additional concessions donation revenue is expected in the course of the three remaining
productions that will be offered by the PAC through June 2017. Including donations already
received, the PAC expects to receive $7,500 in proceeds from concessions donations in Fiscal
Year 2016-17.
The PAC deposits concessions donations with the Foundation for administration. The PAC has
requested that that the Foundation distribute the donation concessions back to the PAC so that
the PAC can use the concessions donations to support the on-going productions of the PAC.
The PAC’s activities would be considered a “civic purpose” under the bylaws because they are
events that advance the spirit of community and that are open and accessible to all members of
the public.
OPTIONS CONSIDERED:
(1) Option 1: Approve the attached resolution authorizing the appropriation of PAC
concessions donation funds as proposed.
(2) Option 2: Do not adopt the resolution to develop a Fiscal Year 2016-17 appropriation.
Without a Board-approved appropriation, no activities will be subsidized or paid from the
Foundation special revenue fund.
FISCAL IMPACT/FUNDING SOURCE:
The Performing Arts Center fundraising and support activity would be a net fiscal impact
of zero dollars ($0), as the contributions given to support the PAC will be offset by PAC
concessions donations received.
Foundation Treasurer Approval Date: 4/28/17
City Attorney Approval Date: 4/28/17
Foundation Executive Director Approval Date: 4/28/2017
Attachments (list in packet assembly order):
1. A Resolution of the City of Rohnert Park Foundation Authorizing Appropriations for
Fiscal Year 2016-2017 to Fund Performing Arts Center Activities
1
2017‐001
RESOLUTION NO. 2017-001
A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION
AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 2016-2017 TO FUND
PERFORMING ARTS CENTER ACTIVITIES
WHEREAS, the specific purpose of the City of Rohnert Park Foundation is to raise and
manage funds in connection with civic purposes and projects, as defined in Article II of its
bylaws; and,
WHEREAS, the Spreckels Performing Arts Center (“Performing Arts Center”) is a
performing arts center in Rohnert Park that produces award-winning theater, music, and dance
productions which are open to the public; and
WHEREAS, volunteers of the Performing Arts Center conduct fundraising efforts
through concessions sales during events at the Performing Arts Center (“Concessions Sales”);
and,
WHEREAS the City of Rohnert Park Foundation collects and administers the proceeds
from the Concessions Sales; and
WHEREAS, the City of Rohnert Park Foundation wishes to appropriate the proceeds
from the Concessions Sales to support the ongoing activities of the Performing Arts Center; and
WHEREAS, the anticipated proceeds from Concessions Sales during fiscal year 2016-
2017 is $7,500; and
WHEREAS, the Board of Directors of the City of Rohnert Park Foundation has the
authority to approve budget appropriations;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of
Rohnert Park Foundation as follows:
1. The above recitals are true and correct.
2. The Performing Arts Center is a civic project as defined by in Article II of the City of
Rohnert Park Foundation Bylaws due to its hosting of productions that advance the
spirit of community and are open and accessible to all members of the public.
3. The Treasurer is authorized and directed to make an appropriation of Seven Thousand
Five Hundred Dollars ($7,500) to the Performing Arts Center for use in civic projects
and purposes defined by in Article II of the City of Rohnert Park Foundation Bylaws.
2
2017‐001
DULY AND REGULARLY ADOPTED this 2nd day of May, 2017.
CITY OF ROHNERT PARK FOUNDATION:
____________________________________
Jake Mackenzie, Chair
ATTEST:
_____________________________
JoAnne M. Buergler, Board Secretary
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 5B
OAK #4852‐3887‐7255 v1 1
Meeting Date: May 2, 2017
Department: Administration
Submitted By: Darrin Jenkins, Executive Director
Prepared By: Leonardo Tacata, Senior Analyst
Agenda Title: Consideration of a Contribution to Support the 2017 Project Grad Event
RECOMMENDED ACTIONS:
Consider for approval and authorize by resolution a contribution to support the 2017 Project
Grad event.
BACKGROUND:
In November of 2008, the City of Rohnert Park (“City”) created a non-profit, charitable
corporation called the Focus Rohnert Park Corporation (“Foundation”). In February of 2012, the
Foundation officially changed its name to the City of Rohnert Park Foundation.
The purpose of the Foundation is to raise and manage funds in connection with civic purposes
and projects. Foundation bylaws define “civic purposes” as “focusing resources on and providing
funding areas of need in the community of Rohnert Park which enhance new partnerships with
community members, nonprofits, foundations, public agencies, and similar entities.”
Furthermore, the bylaws define “civic projects” as “focusing resources on and providing projects
which sustain or enhance the community of Rohnert Park.” Civic projects may include
ceremonies, festivals, or events advancing the spirit of community and open and accessible to all
members of the public.
The Rohnert Park Foundation account is a Special Revenue Fund of the City of Rohnert Park.
Because Foundation revenues and associated costs were not anticipated in the FY 2016-17
budget, the Rohnert Park Foundation account does not have a Fiscal Year 2016-17 appropriation.
To date, the account has accrued a fund balance of $15,367.
The Foundation’s Contributions Policy (Foundation Policy No. 2) allows for potential recipients
to be identified and recommended to the Board by the Executive Director or by any member of
the Board. The Board makes the determination as to any recipients of contributions, as well as
the amount and nature of the contribution.
Analysis:
Cotati Rohnert Park Project Graduation (Project Grad) is a local non-profit organization that
produces Project Graduation—a safe and sober celebration party for graduating seniors of Cotati-
Rohnert Park Unified School District high schools. On April 8, 2017, the president of the non-
profit Project Grad board reported the embezzlement of all the funds raised for the Project Grad
CITY OF ROHNERT PARK FOUNDATION
BOARD OF DIRECTORS AGENDA REPORT
ITEM NO. 5B
OAK #4852‐3887‐7255 v1 2
event being planned for the 2017 graduating class, and that the embezzled Project Grad funds are
not recoverable. A regional fundraising effort, which includes pledges from the Rohnert Park
Public Safety Officers Association and the Rotary Club of Rancho Cotati, is attempting to raise
at least $30,000 in order to restore the 2017 Project Grad event.
The Board has been asked to consider making a $5,000 donation to Project Grad to join in the
local effort. This contribution would be considered a “civic project” under the Foundation’s
bylaws because the 2017 Project Grad event would enhance the community of Rohnert Park by
providing safe opportunities for graduating Rohnert Park high school seniors to celebrate their
graduation.
OPTIONS CONSIDERED:
(1) Option 1: Approve the attached resolution authorizing an appropriation to fund the 2017
Project Grad event.
(2) Option 2: Do not adopt the resolution to develop a Fiscal Year 2016-17 appropriation.
Without a Board-approved appropriation, no activities will be subsidized or paid from the
Foundation special revenue fund.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact of the 2017 Project Grad donation would reduce the account’s fund
balance by $5,000.
Foundation Treasurer Approval Date: 4/28/2017
City Attorney Approval Date: 4/28/2017
Foundation Executive Director Approval Date: 4/28/2017
Attachments (list in packet assembly order):
1. A Resolution of the City of Rohnert Park Foundation Authorizing Appropriations for
Fiscal Year 2016-2017 to Make a Contribution to Support the 2017 Project Grad
Event
1
2017‐002
RESOLUTION NO. 2017-002
A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION
AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 2016-2017 TO MAKE A
CONTRIBUTION TO SUPPORT THE 2017 PROJECT GRAD EVENT
WHEREAS, the specific purpose of the City of Rohnert Park Foundation is to raise and
manage funds in connection with civic purposes and projects, as defined in Article II of its
bylaws; and,
WHEREAS, Cotati-Rohnert Park Project Graduation is a local, non-profit, tax-exempt
organization that produces Project Grad, a safe and sober celebration party for graduating seniors
of Cotati-Rohnert Park Unified School District High Schools; and
WHEREAS, Cotati-Rohnert Park Project Graduation is experiencing extreme financial
hardship on short notice and is in need of additional funding to produce the 2017 Project Grad
event; and
WHEREAS, the City of Rohnert Park Foundation Board recognizes the local effort of
Rohnert Park organizations and citizens to mobilize fundraising for the 2017 Project Grad event;
and
WHEREAS, the Board of Directors of the City of Rohnert Park Foundation has the
authority to approve budget appropriations.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of
Rohnert Park Foundation as follows:
1. The above recitals are true and correct.
2. The 2017 Project Grad Event is a civic project as defined by in Article II of the City of
Rohnert Park Foundation Bylaws because it advances the community of Rohnert Park
by providing a safe forum for Rohnert Park high school seniors to celebrate their
graduation.
3. The Treasurer is authorized and directed to make an appropriation of Five Thousand
Dollars ($5,000) to Cotati-Rohnert Park Project Graduation for use in producing the
2017 Project Grad event.
2
2017‐002
DULY AND REGULARLY ADOPTED this 2nd day of May, 2017.
CITY OF ROHNERT PARK FOUNDATION:
____________________________________
Jake Mackenzie, Chair
ATTEST:
_____________________________
JoAnne M. Buergler, Board Secretary
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO.5C
OAK #4820‐5140‐2823 v1 1
Meeting Date: May 2, 2017
Department: Administration
Submitted By: Darrin Jenkins, Executive Director
Prepared By: Leonardo Tacata, Senior Analyst
Agenda Title: Consideration of a Memorandum of Understanding with City of Rohnert
Park to Accept Community Investment Recurring Contributions from the
Graton Mitigation Fund
RECOMMENDED ACTIONS:
Consider for approval and authorize by resolution authorizing the execution of a memorandum
of understanding with the City of Rohnert Park to accept recurring donations from the Graton
Mitigation Fund in excess of $50,000.
BACKGROUND:
In November of 2008, the City of Rohnert Park (“City”) created a non-profit, charitable
corporation called the Focus Rohnert Park Corporation (“Foundation”). In February of 2012, the
Foundation officially changed its name to the City of Rohnert Park Foundation.
On March 26, 2013, the City approved the First Amended and Restated Memorandum of
Understanding by and between the City of Rohnert Park and the Federated Indians of Graton
Rancheria (MOU) with the Federated Indians of Graton Rancheria (“Tribe”) to facilitate the
mitigation of impacts resulting from the Graton Resort and Casino. As an intergovernmental
agreement, the MOU provides that the Tribe, through the Graton Mitigation Fund, designates
contributions to the City for certain purposes. One of these purposes is the “Community
Investment Recurring Contribution,” which consists of a quarterly recurring charitable
contribution to the Rohnert Park Foundation. It is important to note that a quarterly Community
Investment Recurring Contribution is only paid if there are sufficient funds remaining in the
Graton Mitigation Fund after guaranteed obligations to the City and County of Sonoma have
been met. Although not guaranteed, the Foundation is expected to receive approximately
$49,000 for the first of twelve quarterly contributions. Thereafter, the Foundation is expected to
receive approximately $250,000 per quarter, through the end of the term of the MOU, which is
December 31, 2033, or the date the Tribal-State Compact or any extension expires, whichever is
later. The amount of the contribution will be adjusted by the Consumer Price Index on an annual
basis.
The Tribe will not make the Community Investment Recurring Contribution payments directly to
the Foundation. Pursuant to the “Tribal-State Compact between the State of California and the
Federated Indians of Graton Rancheria” executed on or about March 27, 2012, which established
the Graton Mitigation Fund, the Tribe makes payments to the State, which administers the
CITY OF ROHNERT PARK FOUNDATION
BOARD OF DIRECTORS AGENDA REPORT
ITEM NO.5C
OAK #4820‐5140‐2823 v1 2
Graton Mitigation Fund. The State then and makes payments due under the MOU to the City.
The City has been informed that it may receive its first quarterly Community Investment
Contribution in the fourth fiscal quarter of FY 2016-17.
The Foundation’s Donation and Gift Acceptance Policy (Board Policy No. 1) allows the
Executive Director to accept donations to the Foundation totaling $50,000 or less. Donations
made totaling more than $50,000 may only be accepted by the Foundation Board of Directors
(“Board) through a written agreement.
Analysis:
To accept any Community Investment Recurring Contribution payments that exceed $50,000,
the Board must enter into a written agreement with the City. The proposed MOU does not
provide any restrictions on the use of the recurring contribution provided to the Foundation. The
Board is requested to approve the receipt of Community Investment Recurring Contributions to
the Foundation in order to accept these mitigation funds.
OPTIONS CONSIDERED:
(1) Option 1: Authorize the execution of the memorandum of understanding allowing the
Foundation to accept the recurring contribution from the City.
(2) Option 2: Do not adopt the resolution to develop a Fiscal Year 2016-17 appropriation.
Without a Board-approved agreement, the Foundation cannot accept Community
Investment Recurring Contributions in excess of $50,000 from the City.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact of the receiving Graton Mitigation contributions would increase the
account’s fund balance by approximately $49,000 for twelve quarters beginning in the
fourth quarter of fiscal year 2016-17, after which the contributions would increase the
account by approximately $250,000 per quarter through the end of the term of the MOU,
which is December 31, 2033, or the date the Tribal-State Compact or any extension
expires, whichever is later.
Foundation Treasurer Approval Date: 4/28/2017
City Attorney Approval Date: 4/28/2017
Foundation Executive Director Approval Date: 4/28/2017
Attachments (list in packet assembly order):
1. A Resolution of the City of Rohnert Park Foundation Authorizing the Executive
Director to Execute a Memorandum of Understanding with the City of Rohnert Park
to Accept Community Investment Recurring Contributions from the Graton
Mitigation Fund
RESOLUTION NO. 2017-003
A RESOLUTION OF THE CITY OF ROHNERT PARK FOUNDATION
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
WHEREAS, the specific purpose of the City of Rohnert Park Foundation (“Foundation”)
is to raise and manage funds in connection with civic purposes and projects; and,
WHEREAS, the Federated Indians of Graton Rancheria (“Tribe”) owns and operates the
Graton Resort and Casino (“Casino”) in Rohnert Park, California; and
WHEREAS, on April 17, 2013, the City of Rohnert Park (“City”) approved the First
Amended and Restated Memorandum of Understanding by and between the City of Rohnert
Park and the Federated Indians of Graton Rancheria (“MOU”) with the Tribe which provides,
among other things, that the Tribe shall make a quarterly charitable Community Investment
Recurring Contribution from the Graton Mitigation Fund to the City of Rohnert Park Foundation
(“Recurring Contributions”) to mitigate the Casino’s impacts on the community of the City of
Rohnert Park; and
WHEREAS, the Recurring Contribution payments may exceed $50,000; and
WHEREAS, on or about March 27, 2012, the Tribe and the State of California (“State”)
entered into that certain “Tribal-State Compact between the State of California and the Federated
Indians of Graton Rancheria”, which is incorporated by reference herein, whereby the Tribe
agreed to make payments to the State which would comprise the Graton Mitigation Fund, and
whereby the State agreed to pay to the City those funds owed to the Foundation under the MOU,
including the Recurring Contributions; and
WHEREAS, the City expects to receive the first Recurring Contribution in the fourth
quarter of fiscal year 2016-17; and
WHEREAS, the City and the Foundation mutually desire to transfer the Recurring
Contributions from the City to the Foundation in compliance with the MOU and all applicable
Foundation bylaws and policies;
WHEREAS, the Foundation’s Board Policy No. 1 “Donation and Gift Acceptance”
requires that donations totaling more than $50,000 be accepted by the Board of the City of
Rohnert Park Foundation through a written agreement; and
WHEREAS, the Board of the City of Rohnert Park Foundation desires to enter into a
memorandum of understanding with the City of Rohnert Park to accept the Recurring
Contributions;
NOW, THEREFORE, BE IT RESOLVED by the Board of the City of Rohnert Park
Foundation as follows:
1. The foregoing recitals are true and correct
2. The Executive Director is authorized and instructed to execute the Memorandum
of Understanding Between the City of Rohnert Park Foundation and the City of
Rohnert Park to Accept Community Investment Recurring Contributions from the
Graton Mitigation Fund (“Acceptance Agreement”) in the form attached hereto as
Exhibit A and incorporated by reference herein.
3. The Executive Director is authorized to take all actions necessary to carry out the
purposes of the Acceptance Agreement.
DULY AND REGULARLY ADOPTED this 2nd day of May, 2017.
CITY OF ROHNERT PARK FOUNDATION
____________________________________
Jake Mackenzie, Chair
ATTEST:
_____________________________
JoAnne M. Buergler, Board Secretary
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROHNERT
PARK FOUNDATION AND THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROHNERT
PARK FOUNDATION AND THE CITY OF ROHNERT PARK TO ACCEPT
COMMUNITY INVESTMENT RECURRING CONTRIBUTIONS FROM THE
GRATON MITIGATION FUND
This Memorandum of Understanding is entered into this __ day of May, 2017 by and between
the City of Rohnert Park Foundation (“Foundation”), a California 501(c)(3) non-profit
corporation and the City of Rohnert Park (“City”), a California municipal corporation.
WHEREAS, Foundation and City have a mutual interest in investing in the community
to serve the citizens of the City; and
WHEREAS, the Federated Indians of the Graton Rancheria (“Tribe”) are the owners and
operators of the Graton Resort and Casino (“Casino”); and
WHEREAS, on April 17, 2013, City and the Tribe entered into that certain First
Amended and Restated Memorandum of Understanding by and between the City of Rohnert
Park and the Federated Indians of Graton Rancheria, a true and correct copy of which is attached
hereto as Attachment 1 and incorporated by reference herein, (“MOU”) to mitigate, among other
things, the impacts of the Casino on the Rohnert Park community; and
WHEREAS, MOU Section 4.2 specifies quarterly “Charitable Contributions” as one of
the Community Investment Recurring Contributions to be paid from the Graton Mitigation Fund
to the City of Rohnert Park Foundation, subject to certain terms and conditions stated in the
MOU (“Recurring Contributions”); and
WHEREAS, the Parties anticipate some Recurring Contributions payments to exceed
fifty thousand dollars ($50,000); and
WHEREAS, on or about March 27, 2012, the Tribe entered into that certain “Tribal-
State Compact between the State of California and the Federated Indians of Graton Rancheria”
with the State of California (“State”), which is incorporated by reference herein, whereby the
Tribe agreed to make payments to the State that would comprise the Graton Mitigation Fund, and
whereby the State agreed to pay to City certain funds from the Graton Mitigation Fund, including
the Recurring Contributions owed to Foundation under the MOU; and
WHEREAS, City and Foundation mutually desire to transfer the Recurring
Contributions from City to Foundation in compliance with the MOU and all applicable
Foundation bylaws and policies; and
WHEREAS, the City of Rohnert Park Foundation’s Board Policy No. 1 “Donation and
Gift Acceptance” requires that donations totaling more than fifty thousand dollars ($50,000) be
accepted by the Board through a written agreement; and
For valuable consideration, the receipt of which is hereby acknowledged, the Parties to this
Agreement agree as follows:
1. Within thirty (30) days of City’s receipt of a Recurring Contributions payment from the
State, City shall make a donation in the amount equivalent to that payment to Foundation
(“Donation”).
2. Foundation agrees to accept each Donation received from City.
3. If City does not receive a Recurring Contribution from the State for a given quarter, City
shall have no obligation to make any Donation to Foundation for that quarter.
4. Either Party may terminate this Memorandum of Understanding without cause upon five
(5) days' written notice to the other.
5. The terms and conditions of this Agreement constitute the entire agreement between City
and Foundation with respect to the Recurring Contributions. This Agreement may not be
altered, amended or modified without the written consent of both Parties.
6. If any provision of this Agreement is held, to any extent, invalid, the remainder of this
Agreement shall not be affected, except as necessarily required by the invalid provision,
and shall remain in full force and effect.
7. There are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date
written below.
City of Rohnert Park
Darrin Jenkins, City Manager
Date
Per Resolution ________adopted _________
City of Rohnert Park Foundation
Darrin Jenkins, Executive Director
Date
ATTEST
City Clerk Date
APPROVED AS TO FORM
City Attorney Date
City of Rohnert Park
Foundation
Presenter: Leo Tacata, Senior Analyst
Civic Purposes
Focus resources on areas of need which
enhance new partnerships with
Community Members
Non-Profits
Foundations
Public Agencies
Civic Projects
Focus resources on projects which sustain
or enhance the community
Ceremonies
Festivals
Events
Donations Policy
$50,000 or less
Can be accepted by the Executive Director
More than $50,000
Requires written Agreement
Proposed Activities
Distribute proceeds of sale of concessions
to Performing Arts Center, $7,500
Contribution to Cotati-Rohnert Park Project
Grad, $5,000
Accept Graton Mitigation Fund Recurring
Contributions