2003/06/24 City Council Agenda PacketCity of Rohnert Park W50 Commerce BoulevardoRohnert Park, California 94928
Phone: (707)588-22270 FAX: (707)588-22740WEB: www.rpcity.org
ROHNERT PARK CITE' COUNCIL,
Community Development Commission
Rohnert Park Financing Authority
Rohnert Park District
CONCURRENT MEETINGS
AGENDA
Tuesday, June 24, 2003
Judy Hauff
Deputy City Clerk
The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings
scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers.
City Council Agendas & Minutes maybe viewed at the City's website: www.rpcity.orp
Notice is herebyig ven that Council may discuss and/or take action on any or all of the items listed on this agenda.
Waiver Warning: If you challenge decisions/direction of the City Council 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).
6:00 p.m.
CITY COUNCIL MEETING - Call to Order
Pledge of Allegiance
Roll Call (Flores_ Mackenzie_ Nordin_Spradlin_Vidak-Martinez
1. SCHEDULED APPEARANCES:
• Rachel M. Fletcher & Margaret Cavanaugh — Submission of petition requesting
City Council not amend City Ordinance concerning prohibiting alcoholic
beverages in City Parks
2. PUBLIC COMMENT:
For public comment on items not listed on the agenda,
or on agenda items if unable to speak at the scheduled time
(limited to 3-5 minutes per appearance & a 30 minute total time limit,
or allocation of time based on number of speaker cards submitted)
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE ON LAST PAGE OF TMS AGENDA
3. STUDENT REPORTS:
1. SSU - Sonoma State University Associated Students, Inc. — Jenn Wong
2. High School -Youth Leadership of RP (Inactive during summer break)
4. CONSIDERATION OF AMENDMENT TO ROHNERT PARK
MUNICIPAL CODE CHAPTER 9.34.020 TO PROHIBIT
ALCOHOLIC BEVERAGES IN CITY PARKS
a. Staff Report
b. Public Comments
c. Council discussion/action
• Ordinance for Adoption:
No. 698 An Ordinance of the City of Rohnert Park Amending
Section 9.34.020, Alcoholic Beverages; Drinking and
Possession Thereof Prohibited in Certain Locations
City of Rohnert Park CONCURRENT MEETINGS Agenda (2) June 24, 2003
for City Council/Community Development CommissionlRohnert Park Financing Authority/Rohnert Park District
5. MOBILE HOME PARD MATTERS — SALE OF RANCHO FELIZ
MOBILE HOME PARK TO MILLENNIUM HOUSING:
a. Report from Bond Underwriter and Counsel
b. Public Comment
1. Rohnert Park Financing Authority Matter:
• RPFA Resolution for Adoption:
2003-01 A Resolution of the Rohnert Park Financing
Authority Authorizing the Issuance of its Not to
Exceed $19,000,000 Aggregate Principal Amount of
Rohnert Park Financing Authority Mobile Home
Park Revenue Bonds (Rancho Feliz Mobile Home
Park) 2003 Series A and Series B and Approving
Certain Documents and Authorizing Certain
Actions in Connection Therewith
2. Community Development Commission Matter:
• CDC Resolution for Adoption:
2003-04 A Resolution of the Rohnert Park Community
Development Commission of the City of Rohnert
Park Approving a Supplemental Regulatory.
Agreement and an Administration and Oversight
Agreement with Respect to the Rancho Feliz Mobile
Home Park
6. REFUNDING OF 1994 COPS AND 1999 MASTER EQUIPMENT
LEASE COPS:
a. Report from Bond Underwriter and Counsel
b. Public Comment
1. City of Rohnert Park Matters:
• Resolutions for Adoption:
2003-143 A Resolution of the Council of the City of Rohnert Park
Approving the Issuance by the Rohnert Park Financing
Authority of Not to Exceed $7,500,000 Aggregate
Principal Amount of Lease Revenue Refunding Bonds,
Series 2003 for the Refinancing of Certain Capital
Improvements Located within the City, Authorizing the
Forms of and Directing the Execution and Delivery of a
Trust Agreement, A Facilities Lease, a Site Lease, a
Second Amendment to Reimbursement Agreement, a
Purchase. Contract and aContinuing Disclosure
Agreement; Approving Form of and Distribution of an
Official Statement for the Bonds; and Authorizing
Taking of Necessary Actions and Execution of Necessary
Documents in Connection Therewith
City of Rohnert Park CONCURRENT MEETINGS Agenda (3) June 24, 2003
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
2003-144 A Resolution of the Council of the City of Rohnert
Park Authorizing and Approving an Agreement
with Union Bank of California, N.A. (Refunding
Escrow Agreement, Master Equipment Lease
Program —1999 Series A)
2003-145 A Resolution of the Council of the City of Rohnert
Park Authorizing and Approving an Agreement
with Union Bank of California, N.A. (Refunding
Escrow Agreement, Rohnert Park Public Safety
Facility Project)
2. Community Development Commission Matter:
• CDC Resolution for Adoption:
2003-05 A Resolution of the Community Development
Commission of the City of Rohnert Park
Authorizing the Form of and Directing the
Execution and Delivery of a Second Amendment to
Reimbursement Agreement; and Authorizing
Taking of Necessary Actions and Execution - of
Necessary Documents and Certificates in
Connection Therewith
3. Rohnert Park Financing, Authority Matter:
• RPFA Resolution for Adoption:
2003-02 A Resolution of the Rohnert Park Financing
Authority Authorizing the Issuance and Sale of Not
to Exceed $7,500,000 Aggregate Principal Amount
of'Lease Revenue Refunding Bonds, Series 2003 for
the Refinancing of Certain Capital Improvements
Located within the City, Authorizing the Forms of
and Directing the Execution and Delivery of a
Trust Agreement, a Facilities Lease, a Site Lease, a
Purchase Contract and a Continuing Disclosure
Agreement; Approving Form of and Distribution of
an Official Statement for the Bonds; and
Authorizing Taking of Necessary Actions and
Execution of Necessary Documents and Certificates
in Connection Therewith
7. FISCAL YEAR 2003-2004 CITY BUDGET
a. Staff Report
b. PUBLIC HEARING
c. Council discussion/action
• Resolution for Adoption:
2003-146 Approving & Adopting a Budget for Fiscal Year 2003-04
City of Rohnert Park CONCURRENT MEETINGS Agenda (4) June 24, 2003
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority/Rohnert Park District
8. EMPLOYEE MEMORANDUMS OF AGREEMENT/OUTLINES:
a. Staff Report
b. Public Comments
c. Council discussion/action
e Resolutions for Adoption:
2003-147 A Resolution of the City Council of the City of Rohnert
Park Ratifying the Memorandum of Agreement with the
Rohnert Park Employees Association (RPEA)
2003-148 A Resolution of the City Council of the City of Rohnert
Park Ratifying the Memorandum of Agreement with the
Service Employees International Union (SEW) Local 707
(Certain Employees in the Department of Public Works)
2003-149 A Resolution of the City Council of the City of Rohnert
Park Approving the Outline of Certain Conditions of
Employment, Fringe Benefits and Salary Adjustments for
the Rohnert Park Confidential Unit
2003-150 A Resolution of the City Council of the City of Rohnert
Park Approving the Outline of Certain Conditions of
Employment, Fringe Benefits and Salary Adjustments for
the Management Unit
9. FIVE-YEAR IMPLEMENTATION PLAN FOR THE COMMUNITY
DEVELOPMENT COMMISSION:
a. Staff Report
b. PUBLIC HEARING
c. Council discussion/action
• CDC Resolution for Adoption:
2003-06 Adopting the "Redevelopment and Housing
Implementation Plan 2002/2003 — 2006/2007"
10. AMENDING THE METHOD OF DETERMINING ROHNERT
PARD DISPOSAL'S PAYMENT:
a. Staff Report
b. Public Comment
c. Council discussion/action
o Resolution for Adoption:
2003-151 Authorizing and Approving Amendment, Number One to
the Agreement Between the City of Rohnert Park and
Rohnert Park Disposal, Incorporated
11. POLICY FOR COUNCIL COMMITTEES (VVM)
a. Council discussion/action
City of Rohnert Park CONCURRENT MEETINGS Agenda (5) June 24, 2003
for City CounciUCommunity Development Commission/Rohnert Park Kinancing Authority/Rohnert Park District
12. COUNCIL COMMITTEE AND/OR OTHER REPORTS:
1. Mayors' & Councilmembers' Assoc. of Sonoma County, Board of
Directors Meeting, 6/12/03 (AF)
2. Community Showcase, 6/25/03 (VVM)
3. Sonoma County Waste Management Agency Meeting, 6/18/03 (JM)
4. Sonoma -Marin Area Rail Transit Meeting, 6/18/03 (JM)
5. Santa Rosa Board of Public Utilities, 6/19/03 (AF)
6. Other, if any
13. COMMUNICATIONS:
14. MATTERS FROM/FOR COUNCIL (if any):
15. CONSENT CALENDAR
All items on the consent calendar will be considered in toto by one action of
the Council unless any Councilmember or anyone else interested in any matter
on the consent calendar has a question about same.
A. Approval of Concurrent Meeting Minutes for:
• Regular Concurrent City Meetings — June 10, 2003
B. Approval of Bills/Demands for Payment concurrently for:
• City of Rohnert Park/City Council
• Community Development Commission
C. Accepting Cash/Investments Report for Month End,
March 31, 2003 concurrently for:
• City of Rohnert Park/City Council
• Community Development Commission
• Rohnert Park Financing Authority
D. Resolutions for Adoption:
2003-152
Authorizing and Approving an Agreement for City Engineering
Services with Winzler and Kelly Consulting Engineers
2003-153
Approval of Task Order No. 2003-1 for the Sewer Model Study
Phase 1 for an Amount Not to Exceed $51,670
2003-154
Approval of Task Order No. 2003-2 for the Storm Water System
Model Study Phase 1 for an Amount Not to Exceed $59,185
2003-155
Authorizing and Approving an Application for a Pacific Gas and
Electric Company Economic Development Grant
2003-156
Establishing the Appropriations Limit for the City of Rohnert
Park for the 2003-04 Fiscal Year Pursuant to Article XIII B of
the California Constitution
2003-157
Approving Amendment No. 9 to the Agreement with Old Adobe
Services for Park Cleaning
2003-158
Accepting the Quitclaim Deed Executed by Crocker Homes, Inc.
and Authorizing the City Manager to Execute a Certificate of
Acceptance on Behalf of the City of Rohnert Park
City of Rohnert Park CONCURRENT MEETINGS Agenda (6) June 24, 2003
for City CounciUCommunity Development CommissionlRohnert Park Financing Authorrty/Rohnert Park District
16. PUBLIC COMMENT:
For public comment on items not listed on the agenda,
or on agenda items if unable to speak at the scheduled time
(limited to 3-5 minutes per appearance & a 30 minute total time limit,
or allocation of time based on number of speaker cards submitted)
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE BELOW
ADJOURNMENT
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.
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
Any item raised by a member of the public which is not agendized 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 Offices at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements
for accommodation by the City. Please make sure the City Manager's office is notified as
soon as possible if you have a visual impairment requiring meeting materials to be produced
in another format (Braille, audio -tape, etc.)
City of Rohnert Park* 6750 Commerce BoulevardoRohnert Park, California 94928
Phone: (707)588-2227 ♦ FAX: (707)5W2274 0 WEB: www.rpeity.org
ROHNERT PARD CITY COUNCIL,
Community Development Commission
Rohnert Park Financing Authority
Rohnert Park District
CONCURRENT MEETINGS
AGENDA
Tuesday, June 24, 2003
The Rohnert Park City Council welcomes your attendance, interest and participation at its regular meetings
scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers.
City Council Agendas & Minutes maybe viewed at the City's website: www rpcity. ori
Notice is hereby miyen that Council may discuss and/or take action on any or all of the items listed on this agenda.
Waiver Warning: If you challenge decisions/direction of the City Council 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).
6:00 p.m.
CITY COUNCIL MEETING - Call to Order
Pledge of Allegiance
Roll Call (Flores_ Mackenzie_ Nordin_Spradlin_Vidak-Martinez___)
1. SCHEDULED APPEARANCES:
Rachel M. Fletcher & Margaret Cavanaugh - Submission of petition requesting
City Council not amend City Ordinance concerning prohibiting alcoholic
beverages in City Parks
2. PUBLIC COMMENT:
For public comment on items not listed on the agenda,
or on agenda items if unable to speak at the scheduled time
(limited to 3-5 minutes per appearance & a 30 minute total time limit,
or allocation of time based on number of speaker cards submitted)
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE ON LAST PAGE OF THIS AGENDA
3. STUDENT REPORTS:
1. SSU - Sonoma State University Associated Students, Inc. — Jenn Wong
2. High School -Youth Leadership of RP (Inactive during summer break)
4. CONSIDERATION OF AMENDMENT TO ROHNERT PARD
MUNICIPAL CODE CHAPTER 9.34.020 TO PROHIBIT
ALCOHOLIC BEVERAGES IN CITY PARKS
a. Staff Report
b. Public Comments
c. Council discussion/action
e Ordinance for Adoption:
No. 698 An Ordinance of the City of Rohnert Park Amending
Section 9.34.020, Alcoholic Beverages; Drinking and
Possession Thereof Prohibited in Certain Locations
City of Rohnert Park CONCURRENT MEETINGS Agenda (2) June 24, 2003
for City CounciUCommunity Development CommissionlRohnert Park Financing Authority/Rohnert Park District
5. MOBILE HOME PARD MATTERS — SALE OF RANCHO FELIZ
MOBILE HOME PARK TO MILLENNIUM HOUSING:
a. Report from Bond Underwriter and Counsel
b. Public Comment
1. Rohnert Park Financing Authority Matter:
• RPFA Resolution for Adoption:
2003-01 A Resolution of the Rohnert Park Financing
Authority Authorizing the Issuance of its Not to
Exceed $19,000,000 Aggregate Principal Amount of
Rohnert Park Financing Authority Mobile Home
Park Revenue Bonds (Rancho Feliz Mobile Home
Park) 2003 Series A and Series B and Approving
Certain Documents and Authorizing Certain
Actions in Connection Therewith
2. Community Development Commission Matter:
• CDC Resolution for Adoption:
2003-04 A Resolution of the Rohnert Park Community
Development Commission of the City of Rohnert
Park Approving a Supplemental Regulatory
Agreement and an Administration and Oversight
Agreement with Respect to the Rancho Feliz Mobile
Home Park
6. REFUNDING OF 1994 COPS AND 1999 MASTER EQUIPMENT
LEASE COPs:
a. Report from Bond Underwriter and Counsel
b. Public Comment
1. City of Rohnert Park Matters:
• Resolutions for Adoption:
2003-143 A Resolution of the Council of the City of Rohnert Park
Approving the Issuance by the Rohnert Park Financing
Authority of Not to Exceed $7,500,000 Aggregate
Principal Amount of Lease Revenue Refunding Bonds,
Series 2003 for the Refinancing of Certain Capital
Improvements Located within the City, Authorizing the
Forms of and Directing the Execution and Delivery of a
Trust Agreement, A Facilities Lease, a Site Lease, a
Second Amendment to. Reimbursement Agreement, a
Purchase Contract and a Continuing Disclosure
Agreement; Approving Form of and Distribution of an
Official Statement for the Bonds; and Authorizing
Taking of Necessary Actions and Execution of Necessary
Documents in Connection Therewith
0
City of Rohnert Park CONCURRENT MEETINGS Agenda (3) June 24, 2003
for City Council/Community Development Commission/Rohnert Park Financing Authority/Rohnert Park District
2003-144 A Resolution of the Council of. the City of Rohnert
Park Authorizing and Approving an Agreement
with Union Bank of California, N.A. (Refunding
Escrow Agreement, Master Equipment Lease
Program —1999 Series A)
2003-145 A Resolution of the Council of the City of Rohnert
Park Authorizing and Approving an Agreement
with Union Bank of California, N.A. (Refunding
Escrow Agreement, Rohnert Park Public Safety
Facility Project)
2. Community Development Commission Matter:
• CDC Resolution for Adoption:
2003-05 A Resolution of the Community Development
Commission of the City of Rohnert Park
Authorizing the Form of and Directing the
Execution and Delivery of a Second Amendment to
Reimbursement Agreement; and Authorizing
Taking of Necessary Actions and Execution of
Necessary Documents and Certificates in
Connection Therewith
3. Rohnert Park Financing Authority Matter:
• RPFA Resolution for Adoption:
2003-02 A Resolution of the Rohnert Park Financing
Authority Authorizing the Issuance and Sale of Not
to Exceed $7,500,000 Aggregate Principal Amount
of Lease Revenue Refunding Bonds, Series 2003 for
the Refinancing of Certain Capital Improvements
Located within the City, Authorizing the Forms of
and Directing the Execution and Delivery of a
Trust Agreement, a Facilities Lease, a Site Lease, a
Purchase Contract and a Continuing Disclosure
Agreement; Approving Form of and Distribution of
an Official Statement for the Bonds; and
Authorizing Taking of Necessary Actions and
Execution of Necessary Documents and Certificates
in Connection Therewith
7. FISCAL YEAR 2003-2004 CITY BUDGET
a. Staff Report
b. PUBLIC REARING
c. Council discussion/action
• Resolution for Adoption:
2003-146 Approving & Adopting a Budget for Fiscal Year 2003-04
City of Rohnert Park CONCURRENT MEETINGS Agenda (4) June 24, 2003
for City CounciUCommunity Development CommissionlRohnert Park Financing Authority/Rohnert Park District
8. EMPLOYEE MEMORANDUMS OF AGREEMENT/OUTLINES:
a. Staff Report
b. Public Comments
c. Council discussionlaction
• Resolutions for Adoption:
2003-147 A Resolution of the City Council of the City of Rohnert
Park Ratifying the Memorandum of Agreement with the
Rohnert Park Employees Association (RPEA)
2003-148 A Resolution of the City Council of the City of Rohnert
Park Ratifying the Memorandum of Agreement with the
Service Employees International Union (SEW) Local 707
(Certain Employees in the Department of Public Works)
2003-149 A Resolution of the City Council of the City of Rohnert
Park Approving the Outline of Certain Conditions of
Employment, Fringe Benefits and Salary Adjustments for
the Rohnert Park Confidential Unit
2003-150 A Resolution of the City Council of the City of Rohnert
Park Approving the Outline of Certain Conditions of
Employment, Fringe Benefits and Salary Adjustments for
the Management Unit
9. FIVE-YEAR IMPLEMENTATION PLAN FOR THE COMMUNITY
DEVELOPMENT COMMISSION:
a. Staff Report
b. PUBLIC REARING
c. Council discussion/action
• CDC Resolution for Adoption:
2003-06 Adopting the "Redevelopment and Housing
Implementation Plan 2002/2003 — 2006/2007"
10. AMENDING THE METHOD OF DETERMINING ROHNERT
PARK DISPOSAL'S PAYMENT:
a. Staff Report
b. Public Comment
c. Council discussion/action
• Resolution for Adoption:
2003-151 Authorizing and Approving Amendment Number One to
the Agreement Between the City of Rohnert Park and
Rohnert Park Disposal, Incorporated
11. POLICY FOR COUNCIL COMMITTEES (VVM)
a. Council discussion/action
City of Rohnert Park CONCURRENT MEETINGS Agenda (5) June 24, 2003
for City Council/Community Development CommissionlRohnert Park Financing Authority/Rohnert Park District
12. COUNCIL COMMITTEE AND/OR OTHER REPORTS:
1. Mayors' & Councilmembers' Assoc. of Sonoma County, Board of
Directors Meeting, 6/12/03 (AF)
2. Community Showcase, 6/25/03 (VVM)
3. Sonoma County Waste Management Agency Meeting, 6/18/03 (JM)
4. Sonoma -Marin Area Rail Transit Meeting, 6/18/03 (JM)
5. Santa Rosa Board of Public Utilities, 6/19/03 (AF)
6. Other, if any
13. COMMUNICATIONS:
14. MATTERS FROM/FOR COUNCIL (if any):
15. CONSENT CALENDAR
All items on the consent calendar will be considered in toto by one action of
the Council unless any Councilmember or anyone else interested in any matter
on the consent calendar has a question about same.
A. Approval of Concurrent Meeting Minutes for:
• Regular Concurrent City Meetings — June 10, 2003
B. Approval of Bills/Demands for Payment concurrently for:
• City of Rohnert Park/City Council
• Community Development Commission
C. Accepting Cash/Investments Report for Month End,
March 31, 2003 concurrently for:
• City of Rohnert Park/City Council
• Community Development Commission
• Rohnert Park Financing Authority
D. Resolutions for Adoption:
2003-152
Authorizing and Approving an Agreement for City Engineering
Services with Winzler and Kelly Consulting Engineers
2003-153
Approval of Task Order No. 2003-1 for the Sewer Model Study
Phase 1 for an Amount Not to Exceed $51,670
2003-154
Approval of Task Order No. 2003-2 for the Storm Water System
Model Study Phase 1 for an Amount Not to Exceed $59,185
2003-155
Authorizing and Approving an Application for a Pacific Gas and
Electric Company Economic Development Grant
2003-156
Establishing the Appropriations Limit for the City of Rohnert
Park for the 2003-04 Fiscal Year Pursuant to Article XIII B of
the California Constitution
2003-157
Approving Amendment No. 9 to the Agreement with Old Adobe
Services for Park Cleaning
2003-158
Accepting the Quitclaim Deed Executed by Crocker Homes, Inc.
and Authorizing the City Manager to Execute a Certificate of
Acceptance on Behalf of the City of Rohnert Park
City of Rohnert Park CONCURRENT MEETINGS Agenda (6) June 24, 2003
for City Council/Community Development CommissionlRohnert Park Financing Authority/Rohnert Park District
16. PUBLIC COMMENT:
For public comment on items not listed on the agenda,
or on agenda items if unable to speak at the scheduled time
(limited to 3-5 minutes per appearance & a 30 minute total time limit,
or allocation of time based on number of speaker cards submitted)
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE BELOW
ADJOURNMENT
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.
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
Any item raised by a member of the public which is not agendized 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(6), 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 Offices at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements
for accommodation by the City. Please make sure the City Manager's office is notified as
soon as possible if you have a visual impairment requiring meeting materials to be produced
in another format (Braille, audio -tape, etc.)
Courtesy Agenda for
6/24/03
Rachel M. Fletcher
6091 Donna Court
Rohnert Park, CA 94928
Margaret CaVanaugh
1569 Holly Avenue
Rohnert Park, CA 94928
Tom Kelly
Public Works
Sean O'Donnell
Public Works
Steve O'Keefe, Field Rep
Service Employees International
Union Local 707
sokeefe@selulocal707.org
PO Box 6298
Santa Rosa, CA 95406
Nancy Thompson
Public Safety Department
Angie Smith
Finance
Page l of l
Lidster, Beth
From: Dettling, Troy
Sent: Friday, June 20, 2003 11:18 AM
To: 'mhoffman@cbaplanning.com'; 'derekb@cbaplanning.com'
Cc: Leivo, Carl; Keller, Marlyn
Subject: Five -Year Implementation Plan
Gentlemen:
I have attached an electronic copy of the City of Rohnert Park's City Council
Meeting Agenda for June 24, 2003. The matter of the Five -Year Implementation
Plan for the Community Development Commission is listed as Item No. 9 on the
meeting agenda. You can also view the agenda through the weblink
www rpeity.._org. If you are unable to access this document, please contact my
office at the number below.
Troy C. Dettling
Admin. Asst. to the City Manager
City of Rohnert Park
(707)588-2226
tdettling@rpcity_org
-----Original Message -----
From: Keller, Marlyn
Sent: Friday, June 20, 2003 11:13 AM
To: Dettling, Troy
Subject: Five -Year Implementation Plan
Cotton Bridget Associates
mhoff_man@cbaplanning com = Mark Hoffman
derekb@cbaplanning.com = Derek Burnham
Marlyn Keller
Housing Programs Assistant
City of Rohnert Park
(707) 588-2233
mkeller@rpcity.org
CE .0 c�}
Upgrade 0 tlookO -Add icons ' to your Emails
Clutlo ok(D is a registered tradernark of I-Acrosott Corporation
6/20/2003
Lidster, Beth
From:
Dettling, Troy
Sent:
Friday, June 20, 2003 11:13 AM
To:
'rpowell c@callatg.com'
Cc:
Leivo, Carl
Subject:
6/24 RP Council Mtg.
Rohnert Park Disposal - Mr. Rick Powell:
I have attached an electronic copy of the City of Rohnert Park's City Council Meeting Agenda for June 24, 2003. The
.matter of Amending the Method of Determining Rohnert Park Disposal's Payment is listed as Item No. 10 on the meeting
agenda. You can also view the agenda through the weblink www.rpcity.org. If you are unable to access this document,
please contact my office at the number below.
Zity Council Agenda
062403.doc...
Troy C.. Dettling
Admin. Asst. to the City Manager
City of Rohnert Park
(707) 588-2226
tdettling@rpcity. org
Dettling, Troy
From:
Dettling, Troy
Sent:
Friday, June 20, 2003 10:51 AM
To:
'fjbaum@bbklaw.com'; 'kasnow@bbklaw.com'; 'pnewcomb@kndinc.com';
'tsmith@kndinc.com'; 'jwilliams@kndinc.com'; 'gturk@mi lien niumhousing.net';
'Icarraway@millenniumhousing.net; 'skane@ckdcounsel.com';
'mkroot@goldfarblipman.com; 'dmclean@goldfarblipman.com'; 'gillian.wallace@uboc.com';
'janis.penton@uboc.com; 'wesley@wolfco.net; 'sstein@aca.com'; 'ptremblay@aca.com'
Cc:
Leivo, Carl; Lipitz, Sandy
Subject:
Mobile Home Park Revenue Bonds
Gentlefolk:
I have attached an electronic copy of the City of Rohnert Park's City Council Meeting Agenda for June 24, 2003. The
matter of the Sale of Rancho Feliz Mobile Home Park to Millennium is listed as Item No. 5 on the meeting agenda. You
can also view the agenda through the weblink www.rpcity.org. If you are unable to access this document, please contact
my office at the number below.
City Council
enda 062403.doc
Troy C. Dettling
Admin. Asst. to the City Manager
City of Rohnert Park
(707) 568-2226
tdettling@rpcity.org
CITY OF ROHNERT PARK FINANCE AUTHORITY
Mobile Home Park Revenue Bonds
(Rancho Feliz Mobilehome Park)
Distribution List
ISSUER BORROWER
Rohnert Park Financing Authority/City of Rohnert Park Millennium Housing
6750 Commerce Boulevard 1835 Newport Boulevard, Suite D-250
Rohnert Park, CA 94928 Costa Mesa, CA 92627
Fax: (707) 588-2274 (Carl); 585-6705 (Sandy) Fax: (949) 515-5101
Carl Leivo, Acting City Manager (D(707) 588-2211
e-mail: cleivo@rpcity.org
Sandy Lipitz, Finance Director (D(707) 585-6718
e-mail: slipib�a�,rpcity.org
ISSUER'S COUNSEL
Rohnert Park Financing Authority/City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
Fax. (707) 588-2263
Betsy Strauss, Esq. (D(707) 588-2214
City Attorney e-mail- bstrauss@rpcity.org
BOND COUNSEL/DISCLOSURE COUNSEL
Best Best & Krieger LLP
3750 University Avenue, 3'a Floor
Riverside, CA 92501
Fax. (909) 686-3083
Francis J. Baum, Esq. (D(909) 686-1450
e-mail: fbaum@bbklaw.com
Kyle A. Snow,.Esq. (D(909) 686-1450
e-mail: kamow@bbklaw.com
UNDERWRITER
Kinsell, Newcomb & De Dios, Inc.
462 Stevens Avenue, Suite 308
Solana Beach; CA 92075
Fax: (858) 793-8340
Pam Newcomb, Executive Vice 4)(858) 793-5900
President e-mail: pnewcomb@kndinc.com
Todd Smith, viceD(858) 793-5900
President e-mail: tsmith@almdinc.com
Janees Williams, Associate (D(858) 793-5900
e-mail: jwilliams@Imdinc.com
TRUSTEE'S COUNSEL
RVPUB\FIB\652768
June 17, 2003
#26031.00000
George Turk, President q)(949) 515-5100 x. 203
e-mail:.gturk@mfllcmiumhousing.net
Lori Carraway (D(949) 515-5100 x. 201
e-mail: lcarraway@millenniumhousing.net
BORROWER'S REAL ESTATE COUNSEL
Charles, Kane & Dye LLP
1920 Main Street, Suite 1070
Irvine, CA.92614
Fax: (949) 852-9878
Steve M. Kane, Esq. 4)(949) 852-8868
E-mail: skane@ckdcounsel.com
BORROWER'S 501(C)(3) COUNSEL
Goldfarb & Lipman
1300 Clay Street, 9th Floor
Oakland, CA 94612
Fax: (510) 836-1035
M. David Kroot, Esq. (D(510) 836-6336
E-mail: mkroot@goldfarblipman.com
Dianne Jackson McLean, Esq. x(510) 836-6336
e-mail: dmclean@goldfarblipman.com
TRUSTEE/ESCROW BANK
Union Bank of California, N.A.
475 Sansome Street, 12th Floor
San Francisco, CA 94111
Fax: (415) 296-6757
Gillian Wallace ?(415) 296-6750
E-mail: gillian.wallace@uboc.com
Union Bank of California, N.A.
Legal Division
445 S. Figueroa Street, 12`x' Floor
Los Angeles, CA 90071
Fax: (213) 236-7575
Janis Penton, Esq. (D(213) 236-5454
E-mail: janis.penton@uboc.com
OVERSIGHT AGENT
Wolf & Company Inc.
5 Pembroke Lane
Laguna Niguel, CA 92677
Fax: (949) 489-1497
Wesley Wolf ?(949) 489-8036
E-mail: wes,ley@wolfco.net
BOND INSURER
ACA Financial Guaranty Corporation
140 Broadway, 47`h Floor
New York, NY 10005
Fax: (212) 375-2100
Shelly Stein (D(212) 375-2024
e-mail:sstein@aca.com
BOND INSURER'S COUNSEL
ACA Financial Guaranty Corporation
140 Broadway, 47"' Floor
New York, NY 10005
Fax: (212) 375-2100
Peter Tremblay (D(212) 375-2047
E-mail: ptremblay@aca.com
RATING AGENCY
[to come]
VERIFICATION AGENT
[to come]
RVPUB\FJM652768
Lidster, Beth
From: Dettling, Troy
Sent: Friday, June 20, 2003 10:31 AM
To: 'JQuisenberry@bbklaw.com'; 'jwilliams@kndinc.com'; 'Pnewcomb@kndinc.com';
'tsmith@kndinc.com'; 'gturk@millenniumhousing.net'; 'fjbaum@bbklaw.com'
Cc: Leivo, Carl
Subject: Sale of Rancho Feliz
Gentlefolk
I.have attached an electronic copy of the City of Rohnert Park's City Council Meeting Agenda for June 24, 2003. The
matter of the Sale of Rancho Feliz Mobile Home Park to Millennium Housing is listed as Item No. 5 on the meeting
agenda. If you are unable to view the attached document, please contact my office at the number below.
-ity Council Agenda
062403.doc...
Troy C. Dettling
Admin. Asst. to the City Manager
City of Rohnert Park
(707) 588-2226
tdettling@rpcity.org
Lidster; Beth
From: Dettling, Troy
Sent: Friday, June 20, 2003 10:43 AM
To: 'JYW@Orrick.com'; Jwang@orrick.com'; 'shaytayan@sidley.com'; 'sbengali@syllc.com'
Cc: Leivo, Carl
Subject: Lease Revenue Refunding Bonds
Gentlefolk:
I have attached an electronic copy of the City of Rohnert Park's City Council Meeting Agenda for June 24, 2003. The
matter of the Refunding of 1994 COPs and 1999 Master Equipment Lease COPS is listed as Item No. 6 on the meeting
agenda. You can also view the agenda through the weblink www.rpcity.org. If you are unable to access this document,
please contact my office at the number below.
s
i
ity Council Agenda
062403.doc...
Troy C. Dettling
Admin. Asst. to the City Manager
City of Rohnert Park
(707) 588-2226
tdettling@rpcity.org
rc
TO- The Honorable Mayor and Members
of the City Council
CC: Betsy Strauss, City Attorney
Administrative Staff
Press Correspondents
FROM: Troy C. Dettling1�
Administrative Assistant
DATE: June 19, 2003
CITY COUNCIL MEETING - The Rohnert Park City Council meeting is scheduled to
commence at 6:00 p.m. .The following matters are among those scheduled for
consideration or discussion at the City of Rohnert Park concurrent meetings: City
Council, Community Development Commission, Rohnert Park Financing Authority, and
Rohnert Park District meeting on Tuesday, June 24, 2003.-
1.
003:
1. SCHEDULED APPEARANCES:
• Rachel M. Fletcher & Margaret Cavanaugh, residents, have requested time to
discuss their petition requesting the City Council not to amend the Municipal
Code to prohibit alcoholic beverages in City Parks.
2. PUBLIC COMMENT — Time has been allotted on the Council agenda for public
comment on items not listed on the agenda, or on agenda items if unable to speak
at the scheduled time (limited to 3-5 minutes per appearance and a 30 minute total
time limit, or allocation of time based on number of speaker cards submitted).
3. STUDENT REPORTS:
1. SSU — Time has been allotted for Jenn Wong, representative of the Sonoma
State University Associated Students, Inc. to present items of interest and/or
concern to the Council.
2. High School - Youth Leadership of Rohnert Park will be inactive during the
high school summer break.
4. ' CONSIDERATION OF AMENDMENT TO ROHNERT PARK MUNICIPAL CODE
CHAPTER 9.34.020 TO PROHIBIT ALCOHOLIC BEVERAGES IN CITY PARKS
— Ordinance No. 698 was introduced at the Council's regular meeting of June 10,
2003, to amend Chapter 9.34.020 of the Rohnert Park Municipal Code _relating to
prohibiting alcoholic beverages in City Parks.
City staff have worked to identify measures to address safety issues in City parks. One
recommendation is that the City Council consider prohibiting alcoholic beverages in City
parks and recreation areas. Currently, alcoholic beverages are permitted in the parks
between the hours of 6:00 a.m. and 9:00 p.m., as long as the beverage is not in a glass
container.
Council has been provided with Police Commander Ted Giesige's staff report pertaining to
this item. Time has been allotted for public comments and Council discussion and
possible action.
Ordinance for Adoption:
No. 698 An Ordinance of the City of Rohnert Park Amending Section 9.34.020,
Alcoholic Beverages-, Drinking and Possession Thereof Prohibited in Certain
Locations
CITY OF ROHNERT PARK — Memo for Council Meeting of June 24, 2003 Page 2 Prepared: TCD:06/19/03
5. MOBILE HOME PARK MATTERS — SALE OF RANCHO FELIZ MOBILE HOME
PARK TO MILLENNIUM HOUSING — Millennium Housing proposes to purchase
Rancho Feliz Mobile Home Park. Millennium Housing and The- Rohnert Park
Housing Financing Authority engaged Kinsell, Newcomb & De Dios, Inc., bond
underwriter, and Best, Best & Krieger, LLP, bond counsel. It is proposed that the
Rohnert Park Financing Authority (a separate entity from the Housing Financing
Authority) will issue Mobile Home Park . Revenue Bonds to help finance the
purchase. The underwriter and counsel have prepared various resolutions and
agreements for consideration by the Finance Authority and Community
Development Commission. The Bond Underwriter and Counsel will be present at
the City Council meeting to give a report and answer any questions from Council.
Financing Authority Resolution 2003-01 authorizes issue of up to $19,000,000 in
Mobile Home Park Revenue Bonds. The Resolution appoints Union Bank as
Trustee. The Resolution approvesa Loan .Agreement between the Financing
Authority and Millennium Housing. The Authority agrees to lend Millennium
Housing the proceeds of the bonds. Millennium Housing agrees to make
payments from Park income, which will be used to make Bond payments. The
Resolution approves the Regulatory Agreement and Declaration of Restrictive
Covenants, which establishes affordable housing standards for Rancho Feliz. The
Resolution approves the Administration and Oversight Agreement which provides
for a third party, Wolf & Company, Inc. initially, to oversee the implementation of
the sale and administration of the Park.
Rohnert Park Financing Authority Resolution for Adoption:
2003-01 A Resolution of the Rohnert Park Financing Authority Authorizing the
Issuance of its Not to Exceed $19,000,000 Aggregate Principal
Amount of Rohnert Park Financing Authority Mobile Home Park
Revenue Bonds (Rancho Feliz Mobile Home Park) 2003 Series A and
Series B and Approving Certain Documents and Authorizing Certain
Actions in Connection Therewith
Community Development Commission Resolution 2003-04 authorizes $500,000 in
assistance for the project. These funds will be used to defray a portion of the costs
of issuance and upgrade the Park clubhouse and related facilities. The Resolution
approves the Regulatory Agreement and Declaration of Restrictive Covenants.
This agreement is required in order.to assure that Commission funds are being
used to assist in maintaining affordable housing. The Resolution authorizes
execution of the Administration and Oversight Agreement.
Community Development Commission Resolution for Adoption:
2003-04 A Resolution of the Rohnert Park Community Development
Commission of the City of Rohnert Park Approving a Supplemental
Regulatory Agreement and an Administration and 'Oversight
Agreement with Respect to the Rancho Feliz Mobile Home Park
Proceeds from the Revenue Bond financing and sale will, be used to pay off the
Revenue Bonds originally issued by the Housing Financing Authority to purchase
Rancho Feliz from a private owner. After implementation of the sale, the Housing
Financing Authority may be disbanded.
CITY OF ROHNERT PARK — Memo for Council Meeting of June 24 2003 Paae 3 Prepared: TCD -06/19/03
6. REFUNDING OF 1994 COPs AND 1999 MASTER EQUIPMENT LEASE COPs —
One measure to help the City balance its 2003-04 budget is Debt Restructuring.
The City has -engaged Stone and Youngberg, bond underwriter, and Orrick,
Herrington & Sutcliffe, LLP, bond counsel, to assist the City in the Debt
Restructuring. The underwriter and counsel have prepared various resolutions and
agreements for consideration by the City Council, Finance Authority, and
Community Development Commission. The proposed Debt Restructuring, will result
in a $305,000 cost savings in 2003-04.
The City issued $8,190,000 in COPs in 1994 to refinance the construction of the
Public Safety Headquarters. The City issued $1,831,000 in COPs in 1999 to
refinance the acquisition of 8 police vehicles and, 8 other vehicles, the City's share
of the County -wide CAD -RMS system, and other equipment and software systems.
It is proposed that the Rohnert Park Finance Authority issue $7,500,000 in Lease
Revenue Refunding Bonds. The proceeds will refinance the outstanding amounts
of the 1994 and 1999 COPs.
The. Finance Authority will hold title to the Public Safety Headquarters and
equipment. The City would enter into a site lease agreement and equipment lease
agreement with the Finance Authority. The City would make rental payments to the
Finance Authority, which the Authority will use to pay debt service on the Bonds.
The City and Finance Authority will enter into a Trust Agreement with Union Bank
and a Purchase Agreement with Stone and Youngberg.
The Bond Underwriter and Counsel will be present at the City Council meeting to
give a report and answer any questions from Council.
Resolution 2003-143 provides that the City approves the sale of bonds, the
building and equipment leases, the Trust Agreement, approving the form of the
Preliminary Official Statement, the Continuing Disclosure Agreement between the
City and Trustee, an amendment to the Reimbursement Agreement between the
City and the Community Development Commission. related to obtaining Bond
Insurance, and the Purchase Agreement between the City, Finance Authority and
Stone and Youngberg.
City of Rohnert Park Resolution for Adoption:
2003-143 A Resolution of the Council of the City of Rohnert Park Approving the
Issuance by the Rohnert Park Financing Authority of Not to Exceed
$7,500,000 Aggregate Principal Amount of Lease Revenue Refunding
Bonds, Series 2003 for the Refinancing of Certain Capital
Improvements Located within the City, Authorizing the Forms of and
Directing the Execution -and Delivery of a Trust Agreement, a.-FacilitiesLease, a Site. Lease, a Second Amendment to Reimbursement
Agreement, a Purchase Contract and a Continuing Disclosure
Agreement; Approving 'Form . of and Distribution of an Official
Statement for the Bonds; and Authorizing Taking of Necessary
Actions and Execution of Necessary Documents in Connection
Therewith
CITY OF ROHNERT PARK — Memo for Council Meeting of June 24, 2003 Page 4 Prepared: TCD:06/19/03
Resolutions 2003-144 and 2003-145 approve Refunding Escrow Agreements
between the City and Trustee for the equipment COPs and Public Safety
Headquarters COPs.
City, of Rohnert Park Resolutions for Adoption:
2003-144 A Resolution of the Council of the City of Rohnert Park Authorizing
and Approving an Agreement with Union Bank of California, N.A.
(Refunding Escrow Agreement, Master Equipment. Lease Program —
1999 Series A)
2003-145 A Resolution of the Council of 'the City of Rohnert Park Authorizing
and Approving an Agreement with Union Bank of California, N.A.
(Refunding Escrow Agreement, Rohnert Park, Public Safety Facility
Project)
Community Development Commission Resolution 2003-05 approves an
Amendment to the Reimbursement Agreement authorizing Bond Insurance.
Community Development Commission Resolution for Adoption:
2003-05 A Resolution of the Community Development Commission of the City
of Rohnert Park Authorizing the Form of and Directing the Execution
and Delivery of a Second Amendment to Reimbursement Agreement;
and Authorizing Taking of Necessary Actions and Execution of
Necessary Documents and Certificates in Connection Therewith
Financing Authority Resolution 2003-02 approves the sale of bonds, the building
and equipment leases, the Trust Agreement, approving the form of the Preliminary
Official Statement, the Continuing Disclosure Agreement between the City and
Trustee, and the Purchase Agreement between the City, Finance Authority and
.Stone and Youngberg.
Rohnert Park Financing Authority Resolution for Adoption:
2003-02 A. Resolution of the Rohnert Park Financing Authority Authorizing the
Issuance and Sale of Not to Exceed $7,500,000 Aggregate Principal
Amount of Lease Revenue Refunding Bonds, Series 2003 for the
Refinancing of Certain Capital Improvements Located within the City,
Authorizing the Forms of and Directing the Execution and Delivery of.
a Trust .Agreement, a Facilities Lease, a Site Lease, a Purchase
Contract and a Continuing Disclosure Agreement; Approving Form of
and Distribution of an Official Statement for the Bonds; and
Authorizing Taking of Necessary Actions and Execution of Necessary
Documents and Certificates in Connection Therewith
CITY OF ROHNERT PARK - Memo for Council Meeting -of June 24.2003 Page 5 Prepared: TCD:06/19/03
7. FISCAL YEAR 2003-2004 CITY BUDGET — Staff will make a. presentation of the
2003-2004 Budget, including any revisions that were based upon Council
discussions during previous budget work sessions. The formal Budget public
hearing has been duly noticed and scheduled on this agenda. A resolution has
been prepared for Council's consideration to approve and adopt the City Budget.
for fiscal year 2003-2004.
Resolution for Adoption:
2003-146 Approving and adopting a Budget for Fiscal Year 2003-2004
8. EMPLOYEE MEMORANDUMS OF AGREEMENT/OUTLINES — Time has been
allotted for Council discussion and possible action concerning City Employee
Memorandums of Agreement/Outlines. Council has been provided with copies of
each agreement/outline for summary information.
Rohnert Park Employees Association (RPEA) — RPEA and City negotiators
have reached. tentative agreement on a Memorandum of Agreement. Key terms of
the agreement have been outlined in the Council Agenda Item Transmittal Report.
The RPEA membership voted unanimously to accept the terms. Representatives
of RPEA and the City Attorney have reviewed the proposed agreement.
Resolution for Adoption:
2003-147 A Resolution of the City Council of the City of Rohnert Park Ratifying the
Memorandum of Agreement with the Rohnert Park Employees Association
(RPEA)
Service Employees Intemational Union, Local 707 (SEIU) — SEIU and City
negotiators have reached tentative'. agreement on a Memorandum of Agreement.
Key terms of the agreement have been outlined in the Council Agenda Item
Transmittal Report. By a majority vote, the SEIU membership voted to accept the
proposed terms. Representatives of SEIU and the City Attorney have reviewed the
proposed agreement.
Resolution for Adoption:
2003-148 A Resolution of the City Council of the City of Rohnert Park Ratifying the
Memorandum of Agreement with the Service Employees International
Union (SEIU) Local 707 (Certain Employees in the Department of Public
Works)
Confidential Unit — An Outline of Conditions of _Employment for the Confidential
Unit Employees has been provided to Council. The Outline provides benefits
similar to those proposed for RPEA and SEIU members with some exceptions.
The exceptions occur in cases where the Confidential Unit Employees already
received benefits proposed for the first time for RPEA and SEIU members. Key
terms of the Outline have been recapped in the Council Agenda Item Transmittal
Report. The City Manager met with a representative of the Confidential Unit to
discuss the Outline. The Confidential Unit is not a formally organized bargaining
unit, thus the proposal is in the form of an Outline rather than MOA.
Resolution for Adoption:
2003-149 A Resolution of the City Council of the City of Rohnert Park Approving the
Outline of Certain Conditions of Employment, Fringe Benefits and Salary
Adjustments for the Rohnert Park Confidential Unit
CITY OF ROHNERT PARK - Memo for Council Meeting of June 24, 2003 Page 6 Prepared: TCD:06/19/03'
Management Unit An Outline of Conditions. of Employment for the Management Unit
Employees has been provided to Council. The Outline provides benefits similar to those
proposed for RPEA and SEIU members with some exceptions. The exceptions occur in
cases where the Management Unit. Employees already received benefits proposed for the
first time for RPEA and SEIU members. Key terms of the Outline have been recapped in
the Council Agenda Item Transmittal Report. The City Manager met with representatives
of the Management Unit to discuss the Outline. The Management Unit is not a formally
organized bargaining unit, thus the proposal is in the form of an Outline rather than MOA.
Resolution for Adoption:
2003-150 A Resolution of the City Council of the City of Rohnert Park Approving the
Outline of Certain Conditions of Employment, Fringe Benefits and Salary
Adjustments for the Management Unit
9.. FIVE-YEAR IMPLEMENTATION PLAN FOR THE COMMUNITY DEVELOPMENT
COMMISSION — The consulting firm of Cotton/Bridges/Associates of Pasadena,
California, was employed to 'develop a new Five -Year Redevelopment and Housing
Implementation Plan to meet State Health & Safety Code Sections 33490 and 33413(b).
In cooperation with City staff, a comprehensive plan has been developed. The City
Manager and other staff have reviewed and determined the Draft Plan to be well
developed and complete.
Time has been allotted for Council discussion and possible action on this matter. Public
notices have been published and a public hearing scheduled prior to the Community
Development Commission action regarding the plan.
Community Development Commission Resolution for Adoption:
2003-06 Adopting the "Redevelopment and Housing Implementation Plan
2002/2003 — 2006/2007"
10. AMENDING THE METHOD OF DETERMINING ROHNERT PARK DISPOSAL'S
PAYMENT — The Council received a report that, among other topics, compared the results
of different methods to determine compensation for Rohnert Park Disposal. Council
members indicated interest in changing to the Refuse Rate Index system adopted by the
City of Santa Rosa instead of the current method.
Staff has drafted an amendment to the Agreement with Rohnert Park Disposal. This
amendment would introduce the Refuse Rate Index method. The Amendment would
implement the change beginning on July 1, 2003.
A' Draft was distributed to the City Attorney and Rohnert Park Disposal for comment.
Rohnert Park Disposal proposed no changes in the draft. Changes recommended by the
City Attorney have been incorporated in the proposed amendment.
Time has been allotted for Council discussion and possible action on this matter.
Resolution for Adoption:
2003-151 Authorizing and Approving Amendment Number One to the Agreement.
Between the City of Rohnert Park and Rohnert Park Disposal,
Incorporated
CITY OF ROHNERT PARK — Memo for Council Meeting of June 24, 2003 Page 7 Prepared: TCD:06/19/03
11. POLICY FOR COUNCIL COMMITTEES (VVM) — Councilmember Vicki Vidak-
Martinez has requested time to discuss establishing a policy for Council
Committees. Time has been allotted for possible action on this item.
12. COUNCIL COMMITTEE AND/OR OTHER REPORTS:
1. Mayors' & Councilmembers' Assoc. of Sonoma . County, Board of
Directors Meeting, June 12, 2003. Mayor Armando Flores to give a report on
the meeting.
2. Community Showcase, June 25, 2003. Councilmember Vicki Vidak-Martinez
to give a report on the event.
3. Sonoma County Waste Management Agency Meeting, June 18, 2003.
Councilmember Jake Mackenzie to give a report on the meeting.
4. Sonoma -Marin Area Rail Transit (SMART_) Meeting, June 18, 2003.
Councilmember Jake Mackenzie to give a report on the meeting.
5. Santa Rosa Board of Public Utilities Meeting, June 19, 2003. City Manager
Carl Leivo to give a report on the meeting.
13. COMMUNICATIONS — Copies of all meaningful communications have been
provided to the .Council for review prior to the meeting. A communications outline
listing all of the communications being brought to the Council's attention will be
provided. If there is any communication that any Council member wants ,to read or
discuss, please so indicate during the review of communications. Other matters
listed on the agenda are either covered in separate memos and reports or will be
discussed and explained at the meeting.
14. MATTERS FROM/FOR COUNCIL — Time has been allotted for Council discussion
on matters from/for Council, if any.
15. CONSENT C A L E N D A R For this meeting, the Consent Calendar
consists of approval of concurrent meeting minutes, approval of bills/demands for
payment, adoption of Resolution Nos. 2003-152 through 2003-158. Copies of all
minutes, resolutions, staff reports, and backup materials for those items listed have
been provided to Council for review prior to the meeting.
A. Approval of Concurrent Meeting Minutes The following minutes have . been
provided to each Council member for approval: Regular Concurrent City Meetings —
June 10, 2003.
B. Approval of Bills/Demands for Payment — A listing of all the bills/demands for
payment by the City are being presented for approval and have been provided to
,each Council member. If any Council member has questions concerning any items
on the bills for approval, please so indicate at the meeting.
C.Accepting Cash/investments Report for Month End March 31, 2003
Concurrently for: City of Rohnert Park/City Council, Community Development
Commission, and Rohnert Park Financing Authority. Self-explanatory.
CITY OF ROHNERT PARK - Memo for Council Meeting of June 24, 2003 Page 8 Prepared: TCD:06/19!03
D. Resolutions for Adoption:
2003-152 Authorizes and approves an Agreement for, City Engineering
Services with Winzler and Kelly Consulting Engineers. The position
of City Engineer is currently vacant. While the City Council has
authorized a Civil Engineer position and recruitment for that position
has commenced, it will be at least three months before the position
is filled. The City must utilize consulting engineering services during
this period. Moreover, it will be necessary to augment the skills of
the Civil Engineer once that position is filled.
Winzler and Kelley Consulting Engineers has the necessary city
engineering expertise and capacity to provide the needed services
to the City. Winzler and Kelly has provided these services during
fiscal year 2002-03 under the terms of a letter agreement. It is
proposed to enter into a formal Agreement for Services for fiscal
year 2003-04. Council has been provided with a copy of the
contractual agreement for summary information.
2003-153 Approves of Task Order No. 2003-1 _ for the Sewer Model Study
Phase 1 for an amount not to exceed $51,670. The proposed work
is a City-wide Sewer Model Study which is a description of the City's
sewer system and a model of the projected system based on the
City's current General Plan. The Study is critical to the City
identifying deficiencies within the existing system and to plan ahead
for future development and to identify the potential impacts to the
City's system. Winzler and Kelley was requested to perform the
work as one of its capital project tasks under the City Engineering
Services Agreement. It is estimated that the Phase I study will be
completed in October 2003.
2003-154 Approves of Task Order 'No. 2003-2 for the Storm Water System
Model Study Phase 1 for an amount not to exceed $59,185. This
study is for a City-wide storm` water system model. The study
includes a description of the City's storm water system and a model
of the projected system based on the City's current General Plan.
The Study is critical to the City identifying deficiencies within the
existing system and to plan ahead for future development and to
identify the potential impacts to the City's system. Winzler and Kelly
was requested to perform the work as one of its capital project tasks
under the City. Engineer Services Agreement. It is estimated that
the Phase I study will be completed in October 2003.
CITY OF ROHNERT PARK — Memo for Council Meeting of June 24, 2003 Page 9 Prepared: TCD:06/19/03
2003-155 Authorizes and approves an application for a Pacific Gas and
Electric Company Economic Development Grant. The City received
an invitation to submit an application for a PG&E Local Economic
Development Grant. The City may apply for a grant of $500 to,
$10,000. These funds can be used to fill gaps in economic
development budgets, may be used to match other grants, or for
initiating challenge grants. The application must be submitted by
July 3, 2003.
Staff has developed a grant project titled Economic Recovery Direct
Mail Campaign and drafted an application which has been provided
to Council. Staff will share this draft application_ with potential
partners prior. to the Council meeting. The time frame between
receipt of the invitation and application deadline is short. Staff is
asking for authority to submit an application.
2003-156 Establishes the Appropriations Limit for the. City of Rohnert Park for
the 2003-04 Fiscal Year pursuant to Article XIII B of the California
Constitution. The appropriate limit for the City of Rohnert Park for
the fiscal year 2003-04 is calculated to be $30,643,161. The City
has calculated its annual appropriate limit for the 2003-04 fiscal
year, based on the 1978-79 appropriations, as, adjusted for changes
in the cost of living or per capita income, population and other
specific factors for the subsequent years of 1979-80 through 2002-
03. The proceeds of taxes were computed to be $13,263,250. The
spread between the appropriations limit and the proceeds of taxes
assures Rohnert Park that no taxes will have to be refunded.
Council has been provided with a complete staff report on this
matter.
2003-157 Approves Amendment No. 9 to the Agreement with Old Adobe
Services for Park Cleaning. This Amendment authorizes the
continuance of park maintenance services by Old Adobe Services
(OADS) through June 30, 2004.
This program is beneficial to both the City and the community in that
it provides employment opportunities for OADS participants, .while
providing low-cost park cleaning services. The total number of park
services days under this amendment will be 251, an increase over
the 248 days included in Amendment No. 8, due primarily to
variations in the annual calendar. Also included in the amendment
is a cost increase of $2,568, which is due to the increase in working
days, and an increase in the minimum wage, bringing the total cost
to $95,993. Staff recommends approval of this amendment based
on the continuing satisfactory performance of OADS participants,
and the cooperative working relationship between OADS staff and
City employees.
CITY OF ROHNERT PARK - Memo for Council Meeting of June 24 2003 Page 10 Prepared: TCD: =06/19/03
2003-158 Accepts the Quitclaim Deed executed by Crocker Homes, Inc. and
authorizes the City Manager to execute a Certificate of Acceptance
on behalf of the City of Rohnert Park. During the course of
executing the sale of the Wine and Visitors Center, a title search
discovered an obsolete claim by Crocker Homes_
On September 12, 1977, the City Council adopted Resolution 1977-
158 approving a subdivision agreement with Crocker Homes to
develop Mountain Shadows Subdivision, Unit No. 1. On September
8, 1980, the City Council adopted Resolution 1980-155 recognizing
the satisfactory completion of public improvements for the. Mountain
Shadows Subdivision, Unit No. 1. However, this resolution did not
rescind Crocker Homes development rights for Subdivision, Unit No.
1. Since the subdivision has been developed, Crocker Homes no
longer requires, its development rights. H. Arthur Nottingham,
President of Crocker Homes, has executed a Quitclaim Deed
releasing his company's development rights to the Mountain
Shadows Subdivision, Unit No. 1. Adoption of the proposed
resolution will accept the Quitclaim Deed executed by Crocker
Homes and remove an outstanding title issue on the Golf Course
and Wine Center.
16. PUBLIC COMMENT — Time has been allotted on the Council agenda for public
comment on items not listed on the agenda, or on agenda items if unable to speak
at the scheduled time (limited to 3-5 minutes per appearance and a 30 minute total
time limit, or allocation of time based on number of speaker cards submitted).
ADJOURNMENT
Name
Address
Telephone Number.
City Park
Date Of Use
City Of Rohnert Park
Department Of Public Safety
City Park
Alcoholic Beverne Use Registration Form
Date Of Call
Time Of Call
Number Of Group Members
Dispatcher.
6 - Zq--v3
CITY COUNCIL SPEAKE ARID
TOPIC:
Brief Summarya
yam./ i
✓ See Reverse
CITY COUNCIL SPEAKER CARD
Date: >
fame:
bone:• -'
a
t � f; J
'OPIC: { ' la.-Ae- '
Irief Summary of Comments:
�i'% Us C1- ro
✓ See Reverse
CITY COUNCIL SPEAKER CARD (2 -
Date:
°,O a C
Name:
Phone: s 44s -
TOPIC: Oxek
--
Brief Summary of Comments:
✓ See Reverse
Name
Address
Telephone Number.
City Park
Date Of Use
City Of Rohnert Park
Department Of Public Safety
City Park
Alcoholic Beverage Use Registration Form
Date Of Call
Time Of Call
Number Of Group Members
Dispatcher
Hello, my name is Rachel Fletcher and I have lived in the Rohnert Park area since 1968.
I attended Rohnert Park Junior High and Rancho Cotate High School. I currently live in
D section where I am raising my three daughters ages 16, 14 and 4.
For the last 15 years I have played softball at Sunrise Park in the Women's Lowkey
Softball league. This league was started over 30 years ago by a woman name Ruby
Austin. Ruby's vision for this league that was originally called the "House Wife's
League" was that any woman over 21, regardless of their ability to play, would be able to
join a team and establish camaraderie with other women while enjoying America's
favorite past time. In the beginning the league played at A Park but has been at S park
since it's completion. To my knowledge we have never had to have public safety
respond to any disturbances while we are there. As responsible adults, we will on
occasion have an alcoholic beverage after our game.
I was very surprised to read that our City Council, apparently at the urging of S section
residents, have voted to ban the use of any alcoholic beverages at city parks. The Press
Democrat reports that this is a direct response to the "Gang" shooting at S park. While it
saddens me that this happened in a community that I have resided in for over 34 years I
don't see the correlations to this incident and the use of alcoholic beverages by adults.
I urge the Council to reconsider the impact that this could have. "Punish intent not
behavior". Will our public safety officers be spending more time monitoring the activity
of law abiding adults rather than being able to focus on the illegal activity of others?
I also wonder if this may have an impact on teams or tournaments moving to other cities.
This would have an effect on our already financially struggling recreation department.
Please remember that we are adults. We should not have a privilege taken away for us
because of the actions of others. Thank you for your time and consideration.
COUNCIL:
MISCELLANEOUS
COMMUNICATIONS o�
AGENDA
COPY TO:
COPY TO:
r
Hello- my name is Margaret Cavanaugh; I have lived in Rohnert
Park for 20 years and have played for Rohnert Park Women's
Low-key Softball for 17 years, past President for 3years. i have
coached girl's softball (6yrs) and girl's volleyball (3rd year). I have
4 children all who have played sports in the Rohnert Park City
recreational league.
What I'm asking is to rethink your decision on banning all
alcoholic beverages in our City Parks, as this will effect all legal
age adults who had nothing to do with the incident that resulted in
an unfair and hasty decision. I am requesting that you rescind this
ordnance and return it to its original. state.
I feel this decision punishes all Rohnert Park's citizens who utilize
our City Parks for picnics, sporting events, and family activities
bast on one exceptional incident involving a gang activity.
Thank you for your time.
1Vlarg Cavanaugh
TOTAL P.01
City Council,
These signatures are a small representation of the residents who support us. Margaret & I
collected these signatures in about three days asking the people we see on a daily basis to
sign. We didn't go door to door asking for support.
I feel confident that there are many others who would be supportive if we actively sought
out support.
CAA. _.
We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name
Address
Phone# Signature
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We, the undersigned citizen of.Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name Address Phone,#S#111Z
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of. alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name Address Phone# S* tLire
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
N, -a4,ne Address Phone# Signature
ss
Madam m eN- XPO
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name
Address
Phone#
SignaMft�le
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name
Address Phone#
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name
Address
Phone#
Signature
0111, MIN
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We the undersigned citizen of Rohnert Park, strongly 0PposAhe
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Ads}(duress , l Phone#
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We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003.
Name Address Phone# _ _ Signature
We, the undersigned citizen of Rohnert Park, strongly oppose the
banning of alcoholic beverages in city parks. We urge the City
Council to reconsider their decision of June 10, 2003..
Name Address Phone# Signature
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPOR'
Department: Public Safety
Submitted By: Ted Giesige, Police Commander
(Name & Title)
Submittal Date: June 3, 3003
Agenda Title: Prohibition of Alcohol in the Parks
Council: X Date
Miscellaneous
Communications
AMends c 3 X
Copy to:
o to:
*"City Clerk Use
Only
0.
Meeting Date: June -3,3003
., . z}; 2-aa3
Held Until:
Date of Action:
Deadline Date for:
Council Action:
Requested Council Action: Discussion regarding a possible ordinance change to prohibit alcoholic beverages
in the City parks.
Summary: A recent homicide in S Park resulted in City Staff meeting to identify measures to address the
safety in City parks. One suggestion was that the City considers prohibiting alcoholic beverages in City parks.
Currently, alcoholic beverages are allowed in the parks between the hours of 6:00 am and 9:00 pm., as long as
the beverage is not in a glass container.
Rohnert Park Municipal Code 9.34.020 addresses alcoholic beverages. If Council decides to ban alcohol from
the parks entirely, Section 9.34.020, subsection D, should be amended as per the attached document. Posted
signs within each park should reflect the prohibition as well.
CITY MANAGER'S RECOMMENDATION: () Consent Item ( egular Time
( pproval (0 -Public Hearing Required
() Not Recommended () Submitted with Comment () Policy Determination by. Council
() City Comments:
City Manager's Signature:
JH-h:\shells�council agenda transmittal
ORDINANCE NO. 698
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION
9.34.020, ALCOHOLIC BEVERAGES; DRINKING AND POSSESSION
THEREOF PROHIBITED IN CERTAIN LOCATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA:
SECTION ONE. Section 9.34.020D of the Rohnert Park Municipal Code is
hereby amended to read as follows:
No person shall drink or have in his or her possession an open container of any
alcoholic beverage:
A. On any public street, sidewalk, or other public way or parking lot owned by
the City of Rohnert Park, or
B. On private property which is intended for public use and open to the public
view without first having secured the express permission of the owner, the
owner's agent, or the person in lawful possession thereof; or
C. On the posted premises of, including the posted parking lot immediately
adjacent to, any retail package off -sale alcoholic beverage licensee
licensed pursuant to Division 9 (commencing with Section 23000) of the
Business and Professions Code of California, or any public sidewalk
immediately adjacent to the licensed and posted premises. Visible notices
shall be posted on the premises of each retail package off -sale alcoholic
beverage licensee and on the parking lot and the public sidewalk
immediately adjacent to the licensed premises indicating that the
provisions of this subsection are applicable.
D. ., On any public park,
parkway, playground, recreation center, or recreation area or any parking
lot adjacent to any of the foregoing recreation facilities owned, leased or
under the control of the City of Rohnert Park except with the written
permission of the city manager or his or her designee, which permission
may be given in conjunction with an approved use of the foregoing
recreation facilities.
SECTION TWO. Environmental Review.
The Council determines that the ordinance for which this section is amended
establishes a public health and safety prohibition and is not a project, and
therefore, is not subject to the California Environmental Quality Act. The Council
further finds that the adoption of this ordinance is exempt from CEQA under the
provisions of State CEQA guidelines; section 15061 (b)(3) in that there is not
possibility that the provisions enacted by this ordinance will effect a substantial
adverse change in the environment.
This ordinance shall be in full force and effective 30 days after its adoption and
publication or posting as required by law.
DULY AND REGULARLY ADOPTED by the Council of the City of Rohnert Park
this day of , 2003.
AYES;
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
Mayor Armando F. Flores
ATTEST:
Deputy City Clerk Troy Dettling
APPROVED AS TO FORM
City Attorney Betsy Strauss
9.34.020 Alcoholic beverages; drinking and possession thereof
prohibited in certain locations.
No person shall drink or have in his or her possession an open container of any alcoholic
beverage:
A. On any public street, sidewalk, or other public way or parking lot owned by the city
of Rohnert Park, or
B. On private property which is intended for public use and open to the public view
without first having secured the express permission of the owner, the owner's
agent, or the person in lawful possession thereof; or
C. On the posted premises of, including the posted parking lot immediately adjacent
to, any retail package off -sale alcoholic beverage licensee licensed pursuant to
Division 9 (commencing with Section 23000) of the Business and Professions
Code of California, or on any public sidewalk immediately adjacent to the licensed
and posted premises. Visible notices shall be posted on the premises of each
retail package off -sale alcoholic beverage licensee and on the parking lot and the
public sidewalk immediately adjacent to the licensed premises indicating that the
provisions of this subsection are applicable.
D. On any public park, parkway,
playground, recreation center, or recreation area or any parking lot adjacent to any
of the foregoing recreation facilities owned, leased or under the control of the city
of Rohnert Park except with the written permission of the city manager or his or
her designee, which permission may be given in conjunction with an approved use
of the foregoing recreation facilities. (Ord. 492 § 1, 1987)
Ap-
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPO
Department: City Manager's Office
Submitted By:
Held Until:
(Name & Title)
Submittal Date: June 18, 2003
Agenda Title: Mobile Home Park Matters — Sale of Rancho Feliz
Mobile Home Park to Millennium Housinh
Requested Council Action: Motion to approve Resolutions listed on the agenda.
w"o.u,
***City Clerk Use Only***'�
Meeting Date: June 24, 2003
Carl Leivo, City Manager
Date of Action:
Deadline Date for:
Council Action:
Summary: Millennium Housing proposes to purchase Rancho Feliz Mobile Home Park. Millennium Housing
and The Rohnert Park Housing Financing Authority engaged Kinsell, Newcomb & De Dios, Inc, bond
underwriter, and Best Best & Krieger, LLP, bond counsel. It is proposed that the Rohnert Park Financing
Authority (a separate entity from the Housing Financing Authority) will issue Mobile Home Park Revenue
Bonds to help finance the purchase. The underwriter and counsel have prepared various resolutions and
agreements for consideration by the Finance Authority and Community Development Commission.
Financing Authority Resolution 2003-01 authorizes issue of up to $19,000,000 in Mobile Home Park
Revenue Bonds. The Resolution appoints Union Bank as Trustee. The Resolution approves a Loan Agreement
between the Financing Authority and Millennium Housing. The Authority agrees to lend Millennium Housing
the proceeds of the bonds. Millennium Housing agrees to make payments from Park income, which will be used
to make Bond payments. The Resolution approves the Regulatory Agreement and Declaration of Restrictive
Covenants, which establishes affordable housing standards for Rancho Feliz. The Resolution approves the
Administration and Oversight Agreement which provides for a third party, Wolf & Company, Inc initially, to
oversee the implementation of the sale and administration of the Park.
Community Development Commission Resolution 2003-04 authorizes $500,000 in assistance for the
project. These funds will be used to defray a portion of the costs of issuance and upgrade the Park clubhouse
and related facilities. The Resolution approves the Regulatory Agreement and Declaration of Restrictive
Covenants. This agreement is required in order to assure that Commission funds are being used to assist in
maintaining affordable housing. The Resolution authorizes execution of the Administration and Oversight
Agreement.
Proceeds from the Revenue Bond financing and sale will be used to pay off the Revenue Bonds
originally issued by the Housing Financing Authority to purchase Rancho Feliz from a private owner. After
implementation of the sale, the Housing Financing Authority may be disbanded.
All documents are on file with the. City Clerk and available for inspection.
CITY MANAGER'S RECOMMENDATION: O Consent Item ( egular Time
(�pproval () Public Hearing Required
O Not Recommended O Submitted with Comment O Policy Determination by Council
O City Comments:
d
City Manager's Signature: C_ Date:
JH-h:\shells\council agenda transmittal
RESOLUTION NO. 2003-01
A RESOLUTION OF THE ROHNERT PARK FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE OF ITS NOT TO EXCEED
$19,000,000 AGGREGATE PRINCIPAL AMOUNT OF
ROHNERT PARK FINANCING AUTHORITY MOBILE HOME PARK
REVENUE BONDS (RANCHO FELIZ MOBILE HOME PARK)
2003 SERIES A AND SERIES B AND APPROVING
CERTAIN DOCUMENTS AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION THEREWITH
ROHNERT PARK FINANCING AUTHORITY
WHEREAS, the Rohnert Park Financing Authority, a joint powers authority duly
organized and existing under the laws of the State of California (the "Authority"), is authorized
to issue bonds pursuant to Section 52100 and following of the Health and Safety Code of the
State of California (the "Law") to finance the acquisition of mobile home parks by nonprofit
organizations within the jurisdiction of the Authority; and
WHEREAS, Millennium Housing Corporation, a California nonprofit public benefit
corporation (the "Borrower") qualified as an exempt organization under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code"), has requested that the Authority issue
and sell three series of revenue bonds for the purpose of providing financing for the acquisition
and renovation of a 297 -space mobile home park located at 6607 Redwood Drive in the City of
Rohnert Park, California (the "City") and known as the Rancho Feliz Mobile Home Park (the
"Project"); and
WHEREAS, the City is a member of the Authority; and
WHEREAS, the financing of the Project will lessen the governrriental burden of the City
by preserving affordable housing within the City; and
WHEREAS, the Authority proposes to issue its not to exceed $19,000,000 aggregate
principal amount Rohnert.Park Financing Authority Mobile Home Park Revenue Bonds (Rancho
Feliz Mobilehome Park) in two series (collectively, the "Bonds") pursuant to the Law_ to finance
the acquisition and renovation by the Borrower of the Project; and
WHEREAS, there has been presented to the Board of Directors at this meeting proposed
forms of an Indenture of Trust, a Loan Agreement, a Regulatory Agreement and an
Administration and Oversight Agreement, as well as Preliminary Official Statements relating to
the Series A Bonds and the Series B Bonds and a Purchase Contract with respect to the purchase
of the Series A Bonds and the Series B Bonds by Kinsell, Newcomb & De Dios, Inc. (the .
"Underwriter") for sale to the public; and
WHEREAS, as required by Section 147(f) of the Internal Revenue Code of 1986 (the
"Code"), as amended, the City Council of the City has on June 10, 2003 conducted a duly
noticed public hearing with respect to the proposed issuance of the Bonds and financing the
R V PU B\FJ B\654420
Project by the Authority, such notice being published in a newspaper of general circulation in the
City; and
WHEREAS, all acts, conditions and things required by the laws of the State of
California to exist, to have happened and to have been perfonned precedent to and in connection
with the issuance of the Bonds exist, have happened and have been performed in due time, form
and manner as required by law, and the Authority is now duly authorized and empowered,
pursuant to each and every requirement of law, to issue the Bonds for the purposes, in the
manner and upon the terms herein provided.
NOW, THEREFORE, BE IT RESOLVED, by the .Board of Directors of the Rohnert
Park Financing Authority as follows:
SECTION 1. Recitals. The above recitals, and each of them, are true and correct.
SECTION 2. Appointment of Trustee. Union Bank of California, N.A. is hereby
appointed as the initial trustee (the "Trustee") under the Indenture of Trust (the "Indenture")
relating to the Bonds, with the duties and powers of such Trustee as are set forth in the Indenture.
SECTION 3. Indenture. The Indenture authorizing the issuance of the Bonds, between
the Authority and the Trustee, in the form presented at this meeting, is hereby approved and the
President, Vice President, Executive Director of Secretary (each, an "Authorized Officer"), each
acting alone, are hereby authorized and directed, for and in the name and on behalf of the
Authority, to execute and deliver the Indenture in the form hereby approved together with such
additions or changes as the officer executing the same, upon consultation with the Authority
Counsel and Bond Counsel, may approve, such approval to be conclusively evidenced by the
execution and delivery thereof by the Authority.
SECTION 4. Form of Bonds. The forms of the Bonds, each as set forth in the Indenture,
are hereby approved and the President or Vice President and the Secretary are hereby authorized
and directed to execute by manual or facsimile signature, for and in the name and on behalf of
the Authority, the Bonds in either temporary and/or definitive form in the aggregate principal
amounts and all in accordance with the terms and provisions of the Indenture.
SECTION 5. Loan Agreement. The Loan Agreement (the "Loan Agreement") by and
among the Authority, the Trustee and the Borrower, whereby the proceeds ofthe Bonds are to
be loaned to the Borrower for the purpose of providing permanent financing for the acquisition
and renovation of the Project, in the form presented at this meeting, is hereby approved and the
Authorized Officers, each acting alone, are hereby authorized and directed, for and in the name
and on behalf of the Authority, to execute. and deliver the Loan Agreement in the form hereby
approved together with such additions or changes as the officer executing the same, upon
consultation with the Authority Counsel and Bond Counsel, may approve, such approval to be
conclusively evidenced by the execution and delivery thereof by the Authority.
SECTION 6. Regulatory Agreement. The form of the Regulatory Agreement and
Declaration of Restrictive Covenants by and among the Authority, the Trustee and the Borrower
(the'.Regulatory Agreement") in the form presented at this meeting, is hereby approved and the
Authorized Officers, each acting alone, are hereby authorized and directed, for and in the name
R V PU BT -16\654420
and on behalf of the Authority, to execute and deliver the Regulatory Agreement with respect to
the Project in the forJn hereby approved together with such additions or changes therein as the
officer executing the same, upon consultation with the Authority Counsel and Bond Counsel,
may approve, such approval to be conclusively evidenced by the execution and delivery thereof
by the Authority.
SECTION 7. Official Statements. The two Preliminary Official Statements relating to
the Series A Bonds and the Series B Bonds (collectively, the "Preliminary Official Statements")
in the forms presented at this meeting, are hereby approved. The Program Administrator is
hereby authorized and directed to make changes to the forms of the Preliminary Official
Statements hereby approved, upon consultation with the Authority Counsel and Bond Counsel,
as necessary or desirable to reflect the terms of the financing and the documents with respect
thereto.
The Preliminary Official Statements may be brought into the form of final Official
Statements'which shall contain such. changes or modifications thereto as may be deemed
necessary or desirable by the Program Administrator, upon consultation with the Authority.
Counsel and Bond Counsel. The Authorized Officers, each acting alone, are hereby authorized
and directed, for and in the name and on behalf of the Authority, to execute and deliver the final
Official Statements. The Authorized Officers, each acting alone, are authorized and directed, on
behalf of the Authority, to certify the Preliminary Official Statements as "near final" for purposes
of Rule 15c2-12 under the Securities and Exchange Act of 1934, as amended ("Rule 15e2-12"),
and to certify the Official Statements as "final" pursuant to Rule 15c2-12.
SECTION 8. Purchase Contract for Series A Bonds and Series B Bonds. The Purchase
Contract with respect to the Series A Bonds and the Series B Bonds, among the Authority, the
Borrower and the Underwriter, in the form presented at this meeting, is hereby approved. The
Authorized Officers, each acting alone, are hereby authorized to execute the Purchase Contract
in said form, together with such additions or changes as the officer executing the same, upon
consultation with the Authority Counsel and Bond Counsel, may approve, such approval to be
conclusively evidenced by the execution and delivery of the Purchase Contract by the Authority;
provided that (i) the combined aggregate principal amount of the Series A Bonds and the Series
B Bonds to be sold pursuant to the Purchase Contract shall not exceed $19,000,000, (ii) the
interest rates on the Series A Bonds shall not result in a net interest cost greater than 6.50% per
annum with respect to the Series A Bonds; (iii) the interest rates for the Series B Bonds shall not
result in a'net interest costs greater than 7.75% per annum with respect to Series B Bonds; and
(iv) the Underwriter's discount shall not exceed 2%.
SECTION 9. Administration and Oversight Agreement. The Administration and
Oversight Agreement (the '.'Administration Agreement") in the form presented at this meeting,
by and among the Authority, the Borrower and Wolf & Company, Inc. (or such other entity as
the Program Administrator shall select) as Oversight Agent, is hereby approved and the
Authorized Officers, each acting alone, are hereby authorized and directed, for and in the name
and on behalf of the Authority, to execute. the Administration Agreement in the form hereby
approved, together with such additions or changes as the officer executing the same, upon
consultation with the Authority Counsel and Bond Counsel, may approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
R V PU B\rJ B\654420
3
SECTION 10. Designation of Professionals. The law firm of Best Best & Krieger LLP
is hereby designated as Bond.Counsel and Disclosure Counsel to the Authority with respect to
the Bonds and the Program Administrator is authorized to enter into an agreement with said firm
for such services on behalf of the Authority. Kinsell, Newcomb & De Dios, Inc. is hereby
designated as underwriter for the Bonds.
SECTION 11. Other Acts. The President, Vice President, Executive Director, Secretary,
Authority Counsel and all other officers of the Authority are hereby authorized and directed, for
and in the name and on behalf of the Authority, to do any and all things and take any and all
actions, including without limitation, obtaining bond insurance and a rating for the Bonds, and
including execution and delivery of any and all assignments, certificates, requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other documents which
they, or any of them, may deem necessary or advisable in order to consummate the transactions
as described herein in connection with the issuance and sale of the Bonds or to otherwise
effectuate the purposes of this Resolution.
SECTION 12. Effective Date. This Resolution shall take effect immediately upon
adoption.
R V PUB\FJ B\654420
4
PASSED, APPROVED AND ADOPTED by the Rohnert Park Financing Authority, at
a special meeting thereof, this 24`h day of June, 2003, by the following vote, to wit:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
Chair
Rohnert Park Financing Authority
Attest:
Secretary
Rohnert Park Financing Authority
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF ROHNERT PARK)
I, , Secretary of the Rohnert Park Financing Authority,
hereby certify that I have compared the foregoing copy with the original RESOLUTION NO.
passed and adopted by said Authority at a special meeting thereof, at the time and by the
vote therein stated, which original resolution is now on file in my office, and that the same is a
full, true and correct copy thereof.
WITNESS my hand this day of June, 2003.
Secretary
Rohnert Park Financing Authority
R V PU B\FJ B\654420
5
RESOLUTION NO. 2003-04
A RESOLUTION OF THE ROHNERT PARK COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF ROHNERT PARK APPROVING A
SUPPLEMENTAL REGULATORY AGREEMENT AND AN
ADMINISTRATION AND OVERSIGHT AGREEMENT
WITH RESPECT TO THE RANCHO FELIZ MOBILE HOME PARK
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
WHEREAS, the Rohnert Park Financing Authority (the "Authority") is authorized
pursuant to Section 52000 and following of the California Health and Safety Code (the "Act") to
provide assistance in financing multifamily residential housing developments, including
-mobilehome parks, that are or will be owned by nonprofit corporations; and
WHEREAS, the Authority has determined that it is in the best interests of the City of
Rohnert Park (the "City") to increase the supply of mobilehome rental spaces within the City
through the issuance by the Authority of its Mobilehome Park Revenue Bonds 2003 Series A and
B (the "Bonds"); and
WHEREAS, the proceeds of the Bonds, if any are issued, will be loaned to Millennium
Housing Corporation, a California nonprofit corporation (the "Owner") for the purpose of
financing the acquisition and improvement of a 297 -space mobilehome park known as the
Rancho Feliz Mobile Home Park located at.6607 Redwood Drive in the City (the "Project"); and
WHEREAS, in order to preserve and maintain affordable housing units in the City, -it has
been proposed that the Community Development Commission of the City of Rohnert Park (the
"Commission") provide $500,000 of its low and moderate housing funds (the "Commission
Assistance") to pay a portion of the cost of issuance of the Bonds and to make a deposit to the
Repair and Replacement Fund for the Project; and
WHEREAS, in consideration of the Commission Assistance, the Owner has agreed to
enter into a Supplemental Regulatory Agreement and Declaration of Restrictive Covenants with
the Commission (the "Supplemental Regulatory Agreement") providing for certain additional
affordable housing requirements for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the Community Development
Commission of the City of Rohnert Park as follows:
SECTION 1. Commission Assistance. The Commission Assistance in an amount of
$500,000 is hereby approved. The Commission hereby finds and determines that the
Commission Assistance, which shall be made from the Coin inission's housing funds provided for
in Section 33334.2 of the California Health and Safety Code, will assist in preserving and
improving the supply of housing available at affordable housing costs to persons and families of
very low, low and moderate income in the City of Rohnert Park.
R V PU B\FJ B\65443 8
SECTION 2. Supplemental Regulatory Agreement; Administration Agreement. The
form of the Supplemental Regulatory Agreement and Declaration of Restrictive Covenants (the
"Supplemental Regulatory Agreement") by and between the Commission and the Owner
presented to this meeting and imposing certain restrictions in the Project is hereby approved and
any of the Chairperson, the Vice Chairperson or the Executive Director (each an "Authorized
Officer") are, and each of them is, hereby authorized and directed, for and in the name and on
behalf of the Commission, to execute the Supplemental Regulatory Agreement in substantially
the form hereby approved, with such additions or changes therein as the Authorized Officer
executing the same may approve, such approval to be conclusively evidenced by the execution
and delivery thereof. Any of the Authorized Officers are hereby authorized and directed to cause
the Supplemental Regulatory Agreement to be recorded in the real estate records of the County
of Sonoma on a subordinate basis to the Regulatory Agreement and Deed of Trust relating to the
Bonds. Any of the Authorized Officers are further authorized twand directed, for and in the
name and on behalf of the Commission, to execute the Administration and Oversight Agreement
by and among the City, the Commission, the Owner and the Oversight Agent named therein and
relating to the administration of the Supplemental Regulatory Agreement and the Regulatory
Agreement.
SECTION 3. Effective Date. This Resolution shall take effect upon adoption.
DULY AND REGULARLY ADOPTED BY THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF ROHNERT PARK THIS 24M DAY OF JUNE, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Clerk/Secretary
APPROVED:
Chairperson
City Clerk/Secretary, of the Community Development Commission of the
City of Rohnert Park, do hereby certify that the foregoing Resolution No. , adopted by the
Community Development Commission of the City of Rohnert Park at its regularly scheduled
meeting of June 24, 2003, is a full and true copy of the original and said resolution, on file in the
office of the City Clerk.
City Clerk/Secretary
R V PUB\FJ B\65443 8
�� �► ®L. � � � ®� �' � , ®� �' � q, X Date
2,003-146 1 a®0 3 ®6, Council:
. Mi§celtaneous
® ®3
02o Communications
Agenda
CITY OF ROHNERT PARK Copy to:
COUNCIL AGENDA ITEM TRANSMITTAL REPORA cop to:
Department: City Manager's Office ***City Clerk Use Only***
Meeting Date: 06/24/03
Submitted By: Carl Leivo, City Manager Held Until:
(Name & Title)
Submittal Date: June 18, 2003 Date of Action:
Agenda Title: Refunding of 1994 COPS and 1999 Master Deadline Date for:
Equipment Lease COPs
Council Action:
Requested Council Action: Motion to approve Resolutions listed on the agenda.
Summary: One measure to help the City balance its 2003-04 budget is Debt Restructuring. The City has
engaged Stone and Youngberg, bond underwriter, and Orrick, Herrington & Sutcliffe, LLP, bond counsel, to
assist the City in the Debt Restructuring. The underwriter and counsel have prepared various resolutions and
agreements for consideration by the City Council, Finance Authority, and Community Development
Commission. The proposed Debt Restructuring will result in a $305,000 cost savings in 2003-04.
The City issued $8,190,000 in COPS in 1994 to refinance the construction of the Public Safety Headquarters.
The City issued $1,831,000 in COPS in 1999 to refinance the acquisition of 8 police vehicles and 8 other
vehicles, the City's share of the County -wide CAD -RMS system, and other equipment and software systems.
It is proposed that the Rohnert Park Finance Authority issue $7,500,000 in Lease Revenue Refunding Bonds.
The proceeds will refinance the outstanding amounts of the 1994 and 1999 COPS.
The Finance Authority will hold title to the Public Safety Headquarters and equipment. The City would enter
into a site lease agreement and equipment lease agreement with the Finance Authority. The City would make
rental payments to the Finance Authority, which the Authority will•use to pay debt service on the Bonds.
The City and Finance Authority will enter into a Trust Agreement with Union Bank and a Purchase Agreement
with Stone and Youngberg.
Resolution 2003-143 provides that the City approves the sale of bonds, the building and equipment leases, the
Trust Agreement, approving the form of the Preliminary Official Statement, the Continuing Disclosure
Agreement between the City and Trustee, an amendment to the Reimbursement Agreement between the City
and the Community Development Commission related to obtaining Bond Insurance, and the Purchase
Agreement between the City, Finance Authority and Stone and Youngberg.
Resolutions 2003-144 and 2003-145 approve Refunding Escrow Agreements between the City and Trustee for
the equipment COPS and Public Safety Headquarters COPs.
Community Development Commission Resolution 2003-05 approves an Amendment to the Reimbursement
Agreement authorizing Bond Insurance.
Financing Authority Resolution 2003-02 approves the sale of bonds, the building and equipment leases, the
Trust Agreement, approving the form of the Preliminary Official Statement, the Continuing Disclosure
Agreement between the City and Trustee, and the Purchase Agreement between the City, Finance Authority and
Stone and Youngberg.
All documents are on file with the City Clerk and available for inspection.
CITY MANAGER'S RECOMMENDATION: O Consent Item (pular Time
�f.Xpproval () Public Hearing Required
() Not Recommended () Submitted with Comment () Policy Determination by Council
O City Comments:
City Manager's Signature:
JH-h:\shells\council agenda transmittal
Date:
RESOLUTION NO. 2003-143
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE ISSUANCE BY THE ROHNERT PARK FINANCING
AUTHORITY OF NOT TO EXCEED $7,500,000 AGGREGATE PRINCIPAL
AMOUNT OF LEASE REVENUE REFUNDING BONDS, SERIES 2003 FOR
THE REFINANCING OF CERTAIN CAPITAL IMPROVEMENTS LOCATED
WITHIN THE CITY, AUTHORIZING THE FORMS OF AND DIRECTING THE
EXECUTION AND DELIVERY OF A TRUST AGREEMENT, A FACILITIES
LEASE, A SITE LEASE, A SECOND AMENDMENT TO REIMBURSEMENT
AGREEMENT, A PURCHASE CONTRACT AND A CONTINUING
DISCLOSURE AGREEMENT; APPROVING FORM OF AND DISTRIBUTION
OF AN OFFICIAL STATEMENT FOR THE BONDS; AND AUTHORIZING
TAKING OF NECESSARY ACTIONS AND EXECUTION OF. NECESSARY
DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of Rohnert Park (the "City") and the Community
Development Commission of the City of Rohnert Park (the "Commission") have
heretofore entered into a Joint Exercise of Powers Agreement, dated as of January 1,
1999 (the "Joint Powers Agreement"), which Joint Powers Agreement creates and
establishes the Rohnert Park Financing Authority (the "Authority");
WHEREAS, pursuant to Article 11 of Chapter 3 of Division 2 of Title 5 of the
Government Code of the State of California, the Authority authorized to issue bonds to
assist local agencies in financing and refunding certain bonds, upon authorization by
resolution of such local agency member of the joint powers authority;
WHEREAS, the City previously caused to be executed and delivered
$8,190,000 of its Certificates of Participation Refunding Certificates of Participation
(Rohnert Park Public Safety Facility Project) (the "Series 1994 Certificates") to refinance
the construction of a building housing police and fire departments, located on an
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406444 JYW
approximately 6 -acre site owned by the City and known as the City of Rohnert Park
Public Safety Building (the "Project");
WHEREAS, the City previously caused to be executed and delivered
$1,831,000 of its Certificates of Participation (Master Lease Equipment Program) 1999.
Series A (the "Series 1999 Certificates" and, collectively with the Series 1994
Certificates, the "Prior Certificates") to finance the acquisition, delivery and installation of
various equipment, including 8 police vehicles, 8 other vehicles, the City's share of a
County -wide police records and dispatch system, other vehicular equipment and
miscellaneous information and software systems;
WHEREAS, this City Council hereby determines that it is in the best
interest of the City for the Authority to issue lease revenue refunding bonds to refund
the Prior Certificates for the purpose of achieving cash-flow benefits for the City;
WHEREAS, it is further proposed that the Authority and Union Bank of
California, N.A., as trustee (the "Trustee"), enter into a trust agreement (the "Trust
Agreement"), to be dated as of July 1, 2003 (the "Trust Agreement"), and pursuant to
the Trust Agreement the Authority will issue up to a $7,500,000 aggregate principal
amount of Rohnert Park Financing Authority Lease Revenue Refunding Bonds, Series
2003 (the "Bonds"), and will use the proceeds to refund the Prior Certificates, fund a
reserve fund and pay costs of issuance associated with the Bonds;
WHEREAS, it is proposed that the City enter into a Site Lease, to be
dated as of July 1, 2003 (the "Site Lease"), pursuant to which it will lease the City of
Rohnert Park Public Safety Building, located in Rohnert Park, California or such other
DOCSSF1:678765.4
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property as may be substituted therefore pursuant to Section 10 below, (the "Leased
Property") to the Authority;
WHEREAS, it is proposed that the City enter into a Facilities Lease, to be
dated as of July 1, 2003 (the "Facilities Lease"), pursuant to which it will lease back the
Leased Property from the Authority ;
WHEREAS, under the Facilities Lease, the City would be obligated to
make base rental payments to the Authority which the Authority will use to pay debt
service on the Bonds;
WHEREAS, Stone & Youngberg LLC, is acting as underwriter (the
"Underwriter") for the Bonds and Orrick, Herrington & Sutcliffe LLP is serving as bond
counsel ("Bond Counsel") to the City and the Authority in connection with the financing;
WHEREAS, form of a Preliminary Official Statement -describing the Bonds,
which will be distributed to potential purchasers of the Bonds, has been presented to
this meeting;
WHEREAS, this City Council has been presented with the form of each
document referred to herein relating to the Bonds, and each member of the City Council
has examined and approved each document and desires to authorize and direct the
execution of such documents and the consummation of such financing;
WHEREAS, the City has full legal right, power and authority under the
Constitution and the laws of the State of California to enter into the transactions
hereinafter authorized; and
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF ROHNERT PARK that
Section 1. All of the recitals herein are true and correct and this City
Council so finds and determines.
Section 2. The City hereby specifically finds and declares that the actions
authorized hereby constitute and are with respect to public affairs of the City and that
the statements, findings and determinations of the City set forth above are true and
correct.
Section 3. The City Council hereby requests and approves the issuance
of the Bonds by the Authority, in an aggregate principal amount of not to exceed
$7,500,000 for the refunding of the Prior Certificates.
Section 4. The form of Site Lease, on file with the City Clerk, is hereby
approved, and the Mayor of the City, the Vice -Mayor of the City, the City Manager, the
Assistant City Manager, the Finance Director/City Treasurer, the City Clerk, any deputy
City Clerk or any designee of such officials (the "Authorized Signatories") are hereby
authorized and directed to execute and deliver the Site Lease in substantially said form,
with such changes therein as such officers may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof; provided, however, that
the term thereof (excluding any extensions provided for under the Site Lease) shall not
exceed July 1, 2025. Among the changes authorized to be made to such Site Lease
are such changes as are necessary in the event the Finance Director/City Treasurer or
her designee determines it is desirable to obtain municipal bond insurance, a reserve
DOCSSF1:678765.4
406444 JYW 4
facility or a credit rating for the Bonds, including but not limited to the addition of
property to the Leased Property (as defined in the Facilities Lease).
Section 5. The form of Facilities Lease, on file with the City Clerk, is
hereby approved, and any two of the Authorized Signatories are hereby authorized and
directed to execute and deliver the Facilities Lease in substantially said form, with such
changes therein as such officers may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof; provided, however, that
the maximum annual base rental payments payable under the Facilities Lease and
allocable to the Leased Property shall not exceed $575,000 and the term of the
Facilities Lease (excluding any extensions provided for under Facilities Lease ) shall not
exceed July 1, 2025. Among the changes authorized to be made to such Facilities
Lease are such changes as are necessary in the event the Finance Director/City
Treasurer or her designee determines it is desirable to obtain municipal bond insurance,
a reserve facility or a credit rating for the Bonds, including but not limited to the addition
of property to the Leased Property (as defined in the Facilities Lease).
Section 6. The form of Trust Agreement by and between the Trustee and
the Authority, on file with the City Clerk, is hereby approved. Among the changes
authorized to be made to the Trust Agreement are such changes as are necessary in
the event the Finance Director/City Treasurer or her designee determines it is desirable
to obtain municipal bond insurance, a reserve facility or a credit rating for the Bonds.
Section 7. The form of Preliminary Official Statement describing the
Bonds, on file with the City Clerk, is hereby approved and the. Finance Director/City
DOCSSFI :678765.4
406444 JYW
Treasurer or her designee, is hereby authorized and directed to execute and deliver a
final Official Statement in substantially said form with such additions, corrections and
revisions as may be determined to be necessary or desirable by the Underwriter, Bond
Counsel or the City Attorney's Office. The Underwriter is hereby authorized and
directed to cause to be supplied to prospective purchasers of the Bonds copies of a
Preliminary Official Statement in such form, and to supply the purchaser of the Bonds
with copies of a final Official Statement, completed to include, among other things the
interest rate or rates, and final sale information for the Bonds. The Finance
Director/City Treasurer or her designee is hereby authorized and directed to execute a
certificate confirming that the Preliminary Official Statement has been "deemed final" by
the City for purposes of Securities and Exchange Commission Rule 15c2-12.
Section 8. The proposed form of Continuing Disclosure Agreement, to be
dated the date of issuance of the Bonds, by and among the City and the Trustee, on file
with the City Clerk, is hereby approved. Any of the Authorized Signatories are hereby
authorized and directed to execute and deliver the Continuing Disclosure Agreement in
substantially said form, with such changes therein as such officer may require or
. . approve, such approval to be conclusively evidenced by the execution and delivery
thereof.
Section 9. The form of Second Amendment to Reimbursement
Agreement by and between the Commission and the City, on file with the City Clerk, is
hereby approved. Among the changes authorized to be made to the Second
Amendment to Reimbursement Agreement are such. changes as are necessary in the
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406444 JYW 6
event the Finance Director/City Treasurer or her designee determines it is desirable to
obtain municipal bond insurance, a reserve facility or a credit rating for the Bonds.
Section 10. The form of Purchase Contract by and among the Authority,
the City and the Underwriter, on file with the City Clerk, is hereby approved. Among the
changes authorized to be made to the Purchase Contract are such changes as are
necessary in the event the Finance Director/City Treasurer or her designee determines
it is desirable to obtain municipal bond insurance, a'reserve facility or a credit rating for
the Bonds.
Section 11. The officers of the City are hereby authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or
advisable in order to consummate the transactions. herein authorized and otherwise to
carry out, give effect to and comply with the terms and intent of this Resolution,
including, but not limited to, executing and delivering other documents (including,
Without limitation, any required escrow or termination agreements or agreements in
connection with bond insurance) signature certificates, no -litigation certificates, tax and
rebate certificates and certificates concerning the contents of the Official Statement
distributed in connection with the sale of the Bonds. The Authorized Signatories and
other appropriate officers of the City are hereby authorized and directed to execute and
deliver any and all certificates, instructions as to investments, written requests and other
certificates necessary or desirable to administer the Bonds or leases, pay costs of
issuance or to accomplish the transactions contemplated herein. If necessary to obtain
a rating on the Bonds or municipal bond insurance for the Bonds, other property owned
by the City may be substituted for the City of Rohnert Park Public Safety Building as the
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Leased Property upon the approval of the Finance Director/City Treasurer after
consultation with bond counsel, which approval shall be conclusively evidenced by the
execution and delivery of the Site Lease and the Facility Lease.
Section 12. All actions heretofore taken by the officers and agents of the
City with respect to the issuance and sale of the Bonds are hereby approved and
confirmed.
Section 13. This resolution shall take effect from and after its adoption.
DOCSSF1:678765.4
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PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
THIS 24th DAY OF June, 2003, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Mayor of the City of Rohnert Park
ATTEST:
City Clerk thereof
DOCSSF1:678765.4
40644-4 JYW 9
CLERK'S CERTIFICATE
I, , City Clerk of the City of Rohnert Park (the "City"), do hereby
certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly
adopted by the City Council, at a regular meeting of the City Council duly and regularly
and legally held at the Rohnert Park City Hall, 6750 Commerce Blvd, Rohnert Park,
California on June 24, 2003, of which meeting all of such members had due notice, as
follows:
AYES:
NOES:
ABSENT:
An agenda of the referenced meeting was posted at least 72 hours before
the referenced meeting of the City at 6750 Commerce Blvd,-Rohnert Park, CA, in full
compliance with the provisions of the Ralph M. Brown Act (California Government Code
Sections 54950 et seq.).
I have carefully compared the referenced resolution of the City with the
original minutes of the City meeting on file and of record in my office, and the foregoing
is a full, true and correct copy of the original resolution adopted at the referenced
meeting and entered in the referenced minutes.
The referenced resolution has not been amended, modified or rescinded
since the date of its adoption and the same is now in full force and effect.
Dated: , 2003.
City Clerk of the City of Rohnert Park, State of
California
[Seal]
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RESOLUTION NO. 2003- 144
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
UNION BANK OF CALIFORNIA, N.A.
(Refunding Escrow Agreement,
Master Equipment Lease Program —1999 Series A)
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby .
authorize and approve an Agreement by and between Union Bank of California, N.A,, and the
City of Rohnert Park, a municipal corporation, for Refunding Escrow Agreement in connection
with Certificates of Participation (Master Equipment Lease Program) 1999 Series A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 24th day of June, 2003,
CITY OF ROHNERT PARK
Mayor
ATTEST:
Deputy City .Clerk
RESOLUTION NO. 2003- 145
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARD
AUTHORIZING AND APPROVING AN AGREEMENT WITH
UNION BANK OF CALIFORNIA, N.A.
(Refunding Escrow Agreement,
Rohnert Park Public Safety Facility Project)
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an Agreement by and between Union Bank of California, N.A., and the
City of Rohnert Park, a municipal corporation, for Refunding Escrow Agreement in connection
with Refunding Certificates of Participation (Rohnert Park Public Safety Facility Project),
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 24th day of June, 2003.
CITY OF ROHNERT PARK
Mayor
ATTEST:
Deputy City Clerk
RESOLUTION NO. 2003-05
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF ROHNERT PARK AUTHORIZING THE FORM OF AND DIRECTING THE
EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO REIMBURSEMENT
AGREEMENT; AND AUTHORIZING TAKING OF NECESSARY ACTIONS AND
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES IN CONNECTION
THEREWITH.
WHEREAS, the City of Rohnert Park (the "City"), by Ordinance No. 600,
adopted on January 24, 1995, desired to augment the powers on the Community
Development Agency of the City of Rohnert Park (the "Agency"), by forming the
Commission, pursuant to the. law, as both a redevelopment agency and a housing
authority, and whereby the Commission assumed all the rights, powers, duties,
responsibilities and obligations of the Agency;
WHEREAS, the Commission is a duly constituted redevelopment agency
and housing authority under the laws of the State of California and pursuant to such
laws has duly proceeded with the redevelopment of the Rohnert Park Redevelopment
Agency Project Area (the "Project Area") within the City of Rohnert Park; and
WHEREAS, the redevelopment plan for said Project Area provides for tax
increment financing in accordance with the provisions of Chapter 6, Part 1 of Division 24
of the Health and Safety Code of the State of California and Section 16 of Article XVI of
the Constitution of the State of California; and
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40644A JYW
WHEREAS, the Commission is authorized, with the consent of the City
Council of the City, to pay all or part of the value of the land for and the cost of the
installation and construction of any building, facility, structure or other improvements
which are publicly owned within the Project Area, upon a determination by the
Commission and said City Council that such buildings, facilities, structures or other
improvements are of benefit to said Project Area; and
WHEREAS, when the value of such land or the cost of the installation and
construction or such building, facility, structure or other improvement, or both, has been
or will be paid or provided for initially by the City, the Commission may enter into a
contract with the City under which it agrees to reimburse the City for all or part of the
value of such land or all or part of the cost of such building, facility, structure or other
improvement, or both, by periodic payments over a period of years; and
WHEREAS, the obligation of the Commission under such contract shall
constitute an indebtedness of the Commission for the purpose of carrying out the
redevelopment project for such Project Area, which indebtedness may be made payable
out of taxes levied in such Project Area and allocated to the Commission under
subdivision (b) of Section 33670 of the Health and Safety Code of the State of
California, or out of any other available funds; and
WHEREAS, the City and the Agency had previously undertaken the
construction of a public safety facility, together with related and appurtenant facilities
(the "Project") which is of substantial benefit to the Project Area; and
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406444 JYW
WHEREAS, in furtherance thereof, the Agency and the City entered into a
Reimbursement Agreement, dated as of January 1, 1991 (the "Prior Reimbursement
Agreement"), as well as a First Amendment to Reimbursement Agreement, dated as of
January 1, 1994 (the "First Amendment"); and
WHEREAS, the parties hereto, in consideration of their mutual
undertakings, past and present, herein and otherwise, desire to provide for repayment
for the City of all or a portion of the moneys paid as Base Rental Payments under the
Facilities Lease, dated as of July 1, 2003 (the "Facilities Lease"), entered into between
the City and the Authority providing for the lease by the City of the Project from the
Rohnert Park Financing Authority (the "Authority"); and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK that
Section 1. The foregoing recitals are true and correct and this Board so
finds and determines.
Section 2. The form of Second Amendment to Reimbursement
Agreement, on file with the Secretary of the Commission (the "Secretary"), is hereby
approved, and the Executive Director, the Treasurer and the Secretary, and such other
person or persons designated by the Treasurer (the "Authorized Signatories"), are
hereby authorized and directed to execute and deliver the Second Amendment to
Reimbursement Agreement in substantially said form, with such changes therein as
DOCSSFI :6787703 3
406444 JYW
such officers may require or approve, such approval to be conclusively evidenced by
the execution and delivery thereof.
Section 3. This Resolution shall take effect from and after its date of
adoption.
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406444 JYW
PASSED AND ADOPTED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF ROHNERT PARK this 24th day of June, 2003, by the following votes:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
APPROVED:
Executive Director of Said Commission
ATTEST:
Secretary thereof
DOCSSFI :678770.3 5
40644-4 JYW
SECRETARY'S CERTIFICATE
The undersigned, Secretary of the Governing Board of the Community
Development' Commission of the City of Rohnert Park (the "Commission"), hereby
certifies as follows:
The foregoing is a full, true and correct copy of a resolution duly adopted
at a regular meeting of the Governing Board of the referenced Commission duly and
regularly held at the regular meeting place thereof on June 24, 2003, of which meeting
all of the members of the referenced Governing Board had due notice and at which a
majority thereof were present; and at the referenced meeting the referenced resolution
was adopted by the following vote:
AYES:
Ri7��l
An agenda of the referenced meeting was posted at least 72 hours before
the referenced meeting of the Commission at 6750 Commerce Blvd, Rohnert Park,
California, in full compliance with the provisions of the Ralph M. Brown Act (California
Government Code Sections 54950 et seq.).
I have carefully compared the referenced resolution of the Commission
with the original minutes of the Commission meeting on file and of record in my office;
the foregoing resolution is a full, true and correct copy of the original resolution adopted
at the referenced meeting and entered in the referenced minutes.
The referenced resolution has not been amended, modified or rescinded
since the date of its adoption, and the same is now in full force and effect.
Dated: .2003.
Secretary of the Governing Board of the
Community Development Commission of the
City of Rohnert Park
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406444 JYW
RESOLUTION NO. 2003-02
A RESOLUTION OF THE ROHNERT PARK FINANCING AUTHORITY AUTHORIZING
THE ISSUANCE AND SALE OF NOT TO EXCEED $7,500,000 AGGREGATE
PRINCIPAL AMOUNT OF LEASE REVENUE REFUNDING BONDS, SERIES 2003 FOR
THE REFINANCING OF CERTAIN CAPITAL IMPROVEMENTS LOCATED WITHIN
THE CITY, AUTHORIZING THE FORMS OF AND DIRECTING THE EXECUTION AND
DELIVERY OF A TRUST AGREEMENT, A FACILITIES LEASE, A SITE LEASE, A
PURCHASE CONTRACT AND A CONTINUING DISCLOSURE AGREEMENT;
APPROVING FORM OF AND DISTRIBUTION OF AN OFFICIAL STATEMENT FOR
THE BONDS; AND AUTHORIZING TAKING OF NECESSARY ACTIONS AND
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES IN CONNECTION
THEREWITH.
WHEREAS, the City of Rohnert Park (the "City") and the Community
Development Commission of the City of Rohnert Park (the "Commission") have
heretofore entered into a Joint Exercise of Powers Agreement, dated as of January 1,
1999 (the "Joint Powers Agreement'), which Joint Powers Agreement creates and
establishes the Rohnert Park Financing Authority (the "Authority");
WHEREAS, pursuant to Article 11 of Chapter 3 of Division 2 of Title 5 of the
Government Code of the State of California, the Authority authorized to issue bonds to
assist local agencies in financing and refunding certain bonds, upon authorization by
resolution of such local agency member of the joint powers authority;
WHEREAS, the City previously caused to be executed and delivered
$8,190,000 of its Certificates of Participation Refunding Certificates of Participation
(Rohnert Park Public Safety Facility Project) (the "Series 1994 Certificates") to refinance
the construction of a building housing police and fire departments, located on an
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406444 JYW
approximately 6 -acre site owned by the City and known as the City of Rohnert Park
Public Safety Building;
WHEREAS, the City previously caused to be executed and delivered
$1,831,000 of its Certificates of Participation (Master Lease Equipment Program) 1999
Series A (the "Series 1999 Certificates" and, collectively with the Series 1994
Certificates, the "Prior Certificates") to finance the acquisition, delivery and installation of
various equipment, including 8 police vehicles, 8 other vehicles, the City's share of a
County -wide police records and dispatch system, other vehicular equipment and
miscellaneous information and software systems;
WHEREAS, the City has requested that the Authority issue lease revenue
refunding bonds for the purpose of refunding the Prior Certificates to obtain cash-flow
benefits;
WHEREAS, it is further proposed that the Authority and Union Bank of
California, N.A.., as trustee (the "Trustee"), enter into a trust agreement (the "Trust
Agreement"), to be dated as of July 1, 2003 (the "Trust Agreement") and, pursuant to
the Trust Agreement the Authority will issue up to $7,500,000 aggregate principal
amount of Rohnert Park Financing Authority Lease Revenue Refunding Bonds, Series
2003 (the "Bonds"), and will use the proceeds to refund the Prior Certificates, fund a
reserve fund and pay costs of issuance of the Bonds;
WHEREAS, it is proposed that the Authority enter into Site Lease, to be
dated as of July 1, 2003 (the "Site Lease") pursuant to which the City will lease the
Rohnert Park Public Safety Building, located in Rohnert Park, California or such other
DOCSSF1:678768.3 2
406444 JYW
property as may be substituted therefor pursuant to Section 8 below (the "Leased
Property") to the Authority;
WHEREAS, it is proposed that the Authority enter into a Facilities Lease,
to be dated as of July 1, 2003 (the "Facilities Lease") pursuant to which it will lease back
the Leased Property to the City;
WHEREAS, under the Facilities Lease, the City would be obligated to
make. base rental payments to the Authority which the Authority will use to pay debt
service on the Bonds;
WHEREAS, Stone & Youngberg LLC, is acting as underwriter (the
"Underwriter") to the City and the Authority and Orrick, Herrington & Sutcliffe LLP is
serving as bond ("Bond Counsel") to the City and the Authority in connection with the
financing;
WHEREAS, a proposed form of Preliminary Official Statement describing
the Bonds, which will be distributed to potential purchasers of the Bonds, has been
presented to this Board;
WHEREAS, this Board has been presented with the form. of each
document referred to herein relating to the Bonds, and the Board has examined and
approved each document and desires to authorize and direct the execution of such
documents and the consummation of such financing;
DOCSSF1:678768.3 3
40644-4 JYW
WHEREAS, the Authority has full legal right, power and authority under
the laws of the State of California to enter into the transactions hereinafter authorized;
and
NOW, THEREFORE, BE IT RESOLVED BY THE ROHNERT PARK
FINANCING AUTHORITY that
Section 1. The foregoing recitals are true and correct and this Board so
finds. and determines.
Section 2. The issuance and sale of the Bonds by the Authority, in an
aggregate principal amount not to exceed $7,500,000 for the refunding of the Prior
Certificates is hereby authorized and approved.
Section 3. The form of Site Lease, on file with the Secretary of the
Authority (the "Secretary"), is hereby approved, and the Chair, the Vice Chair and the
Treasurer, and such other person or persons designated by the Treasurer (the
"Authorized Signatories"), are hereby authorized and directed,to execute and deliver the
Site Lease in substantially said form, with such changes therein as such officers may
require or approve, such approval to be conclusively evidenced by the execution and
delivery thereof; provided, however, that the term thereof (excluding any extensions
provided for under the Site Lease) shall not exceed July 1, 2025. Among the changes
authorized to be made to such Site Lease are such changes as are necessary in the
event the Treasurer or her designee determines it is desirable to obtain municipal bond
insurance, a reserve facility or a credit rating for the Bonds, including but not limited to
the addition of property to the Leased Property (as defined in the Facilities Lease).
DOCSSF1:678768.3 4
406444 JYW
Section 4. The form of Facilities Lease, on file with the Secretary, is
hereby approved, and any two of the Authorized Signatories are hereby authorized and
directed to execute and deliver the Facilities Lease in substantially said form, with such
changes therein as such officers may require or approve, such approval to be
conclusively evidenced. by the execution and delivery thereof, provided, however, that
the term thereof (excluding any extensions provided for under the Facilities Lease) shall
not exceed July 1, 2025. Among the changes authorized to be made to such Facilities
Lease are such changes as are necessary in the event the Treasurer or her designee
determines'it is desirable to obtain municipal bond insurance, a reserve facility or a
credit rating for the Bonds, including but not limited to the addition of property to the
Leased Property (as defined in the Facilities Lease).
Section 5. The form of Trust. Agreement by and between the Trustee and
the Authority, on file with the Secretary, is hereby approved. Any two of the Authorized
Signatories are hereby authorized and directed to execute and deliver the Trust
Agreement in substantially said form, with such changes therein as such officers may
require or approve, such approval to be conclusively evidenced by the execution and
delivery thereof. Among the changes authorized to be made to such Trust Agreement
are such changes as are necessary in the event the Treasurer determines it desirable
to obtain municipal bond insurance, a reserve facility or a credit rating for the Bonds.
Section 6. The form of Preliminary Official Statement describing the
Bonds, on file with the Secretary, is hereby approved and the Treasurer or her
designee, is hereby authorized and directed to execute and deliver a final Official
Statement in substantially said form with such additions, corrections and revisions as
DOCSSFI :678768.3 5
40644-4 JYW
may be determined to be necessary or desirable by the Underwriter, Bond Counsel or
the City Attorney's Office. The Underwriter is hereby authorized and directed to cause
to be supplied to prospective purchasers of the Bonds copies of a preliminary official
statement in such form, and to supply the purchasers of the Bonds with copies of a final
official statement, completed to include, among other things the interest rate or rates,
and final sale information for the Bonds. The Treasurer or her designee, is hereby
authorized and directed to execute a certificate confirming that the Preliminary Official
Statement has been "deemed final" by the Authority for purposes of Securities and
Exchange Commission Rule 15c2-12.
Section 7. The form of Purchase Contract by and among the Authority,
the City and the Underwriter, on file with the Secretary, is hereby approved. Among the
changes authorized to be made to the Purchase Contract are such changes as are
necessary in the event the Treasurer or her designee determines it is desirable to obtain
municipal bond insurance, a reserve facility or a credit rating for the Bonds.
Section 8. The proposed form of Continuing Disclosure Agreement, to be
dated the date of issuance of the Bonds, by and between the City and the Trustee, on
file with the Secretary, is hereby approved.
Section 9. The officers of the Authority are hereby authorized and
directed, jointly and severally, to do any and all things which they may deem necessary
or advisable in order to consummate the transactions herein authorized and otherwise
to carry out, give effect to and comply with the terms and intent of this Resolution,
including, but not limited to, executing and delivering other documents (including,
DOCSSF 1:678768.3 6
406444 JYW
without limitation, any required escrow or termination agreements or agreements in
connection with bond insurance) signature certificates, no -litigation certificates, tax and
rebate. certificates and certificates concerning the contents of the Official Statement
distributed in connection with the sale of the Bonds. The Authorized Signatories are
hereby authorized and directed to execute and deliver any and all certificates,
instructions as to investments, written requests and other certificates necessary and
desirable to administer the Bonds and the Trust Agreement or other documents
authorized hereunder including executing Written Requests of the Authority authorizing
disbursements from the Costs of Issuance Fund for payment of cost of issuance such
as legal and underwriting fees, trustee's fees, title insurance and bond insurance
premiums, publication and printing costs, rating agency fees and similar expenses of
the bond financing. If necessary to obtain a rating on the Bonds or municipal bond
insurance for the Bonds, other property owned by the City may be substituted for the
Rohnert Park Public Safety Building as the Leased Property upon the approval of the
Treasurer after consultation with bond counsel, which approval shall be conclusively
evidenced by the execution and delivery of the Site Lease and the Facility Lease.
Section 10. All actions heretofore taken by the officers and agents of the
Authority with respect to the issuance and sale of the Bonds are hereby approved and
confirmed.
Section 11. This Resolution shall take effect from and after its date of
adoption.
DOCSSF1:678768.3 7
406444 JYW
PASSED AND ADOPTED BY THE ROHNERT PARK FINANCING AUTHORITY this 24
day of June, 2003, by the following votes:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
APPROVED:
Chair
ATTEST:
Secretary
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406444 JYW
SECRETARY'S CERTIFICATE
The undersigned, Secretary of the Governing Board of the Rohnert Park
Financing Authority (the "Authority"), her certifies as follows:
The foregoing is a full, true and correct copy of a resolution duly adopted
at a regular meeting of the Governing Board of the referenced Authority duly and
regularly held at the regular meeting place thereof on June 24, 2003, of which meeting
all of the members of the referenced Governing Board had due notice and at which a
majority _thereof were present; and at the referenced meeting the referenced resolution
was adopted by the following vote:
AYES:
NOES:
An agenda of the referenced meeting was posted at least 72 hours before
the. referenced meeting of the Authority at 6750 Commerce Blvd, Rohnert Park,
California, in full compliance with the provisions of the Ralph M. Brown Act (California
Government Code Sections 54950 et seq.).
have carefully compared the referenced resolution of the Authority with
the original minutes of the Authority meeting on file and of record in my office; the
foregoing resolution is a full, true and correct copy of the original resolution adopted at
the referenced meeting and entered in the referenced minutes.
The referenced resolution has not been amended, modified or rescinded
since the date of its adoption, and the same is now in full force and effect.
Dated: .2003.
DOCSSF t :678768.3
406444 JYW
Secretary of the Governing Board of the
Rohnert Park Financing Authority
A Year and a D
Jake Mackenzie . June 24th, 2003
A year and a day have gone by since the council adopted a budget for the Year 2002-
2003. The council knew in 2000 that deficit years were ahead. Both last year, and
evidently this year, members of this council are going to award yet more salary increases
[ Includes the proposed 3% increase at a cost of $180,000]jalong with mandated benefit
increases at a cost of $500,000 per annum. In 2000, an additional salary and benefits
increase of $2,000,000 was part of the budget. Since neither the economy nor the voters
cooperated with last year's budget:forecast by adding the budget -balancing $3.3million
to our revenue, the prophecies I made as mayor in 2001 have come to pass. A reduction
in the city's work force has had to be implemented. This is no surprise to the three of us
senior council members. However, I am the only one who voted against the salary
increases last year and will do so again tonight!
In the go-go years of the late 90's, we had avoided the consequences of expensive salary
and benefit increases because revenues annually exceeded the very conservative budget
forecasting then employed by our financial director.
I have 3 points I will make tonight before I vote against this budget and against further
salary increases. These points are consistent with my written statement last year and
recent statements made regarding the manner in which terminations have been executed
[and I use that verb deliberately].
Salary increases
At a time of fiscal crisis, it is irresponsible to be granting salary increases, increases NOT
EVEN SOUGHT BY THE EMPLOYEE BARGAINING UNITS THEMSELVES .These
salary increases granted over the past 2 years and about to be added to are cumulative!
Unlike other cities ,there has been no attempt to rescind unwise salary increases through
discussions with employee bargaining units. Indeed, the RPPSOA refuses to even discuss
such a matter.
Reduction -in -Force to Balance Budget
As was clearly seen two years ago, the size of our generously salaried and benefited staff
needed to be reduced to balance the budget: That I forecast and to that reduction I agree.
However, I DO NOT AGREE WITH THE MANNER BY WHICH THIS HAS BEEN
ACCOMPLISHED AND JUSTIFIED.
I believe that a systematic and carefully planned vendetta against senior city staff has
been waged by a cabal of local power brokers intent on restoration of the conditions
existing in this city throughout the decades until a court-ordered moratorium on
construction started to bring this city to its senses in 1990. The election campaign of last
year was orchestrated with the intention to restore the old power structure - not
answerable to the citizens of Rohnert Park but to a select few who regularly meet on
weekends at the Rogers' compound.
The effort to remove the former city manager Joe Netter and most of the department
.heads was planned before any critical,analyses of city functions and their budgetary
needs was conducted. The "open recruitment" of a new City Manger was a sham. The
former Assistant City manager was pre -selected to become the new City Manager as
soon as the election results were tabulated. To him fell the task of firing these senior staff
members no matter what the risk to the city from illegal and improper dismissal. The
city's claim of financial insufficiency to justify these layoffs cannot stand scrutiny when
now $180,000. miraculously becomes available to grant salary. increases. These
dismissals have been hastily executed with a goal of political retribution. They are not
the result of careful consideration in light of the City's budgetary and management needs.
Two examples suffice to illustrate my argument:
-The termination of a Public Works Director ostensibly to save general fund monies
when 35% of the Director's salary is not even general fund derived. In fact, the city will
save NO Money by the elimination of Bill Stephens' position. He could ,in fact, stay
on to continue the excellent work he hasloyally performed these last years.
-The hastily and incorrectly conducted attempt to remove Fire Chief Cassel from his
position, overlooking that the more junior Police Commander would have had to be fired
first. Again, political retribution overrode the City's own policies on layoffs.
There's much more to this story, including the loss of key Public Works employees
through the early retirement "golden handshake" offer. We will no doubt rue the day that
a more considered approach was not utilized.
Budget Process
I will simply state that the reductions in force were conducted prior to a full budget
analysis, department by department. End of story.
So we return to the Dark Ages of Rohnert Park.
I will continue to speak out against the manner in which the city's business has been
conducted over the past six months. The full impact of the various benefits granted to city
employees is yet to be felt. But as we retire more of our employees, the pension and
benefit burdens are going to become more and more onerous. This is true not just in
Rohnert Park but also in Sonoma County and throughout the State. As a retired Federal
employee, all of my career I paid in 7'/2% after-tax income towards my retirement, and
paid my share of my benefits and continue to so do as a retiree. Despite not having dental
or vision insurance through the Federal Government, and despite paying my share of
retirement and benefit costs, I am grateful to be in the Federal Civil Service Retirement
system. I know full well that many other citizens are not so fortunate.
Citizens of Rohnert Park need to realize the extent of employee benefits here in Rohnert
Park — that there is an incredibly rich benefit structure and that the "employee share" of
retirement is paid by the city not by the employees or the retirees themselves.
Yes the budget is balanced for this year. I deplore the manner in which it was balanced.
It puts this city at risk. Yes employees, including some senior staff had to be laid off. No,
it should not have been done in such a manner. And on top of all .that, these new salary
increases and their concomitant benefits will come back to haunt future councilmembers
and city managers long after we're gone from this stage.
A Year and a Day
Jake Mackenzie . June 24th, 200
3
A year and a day have gone by since the council adopted a budget for the Year 2002-
2003. The council knew in 2000 that deficit years were ahead. Both last year, and
evidently this year, members of this council are going to award yet more salary increase:
[ Includes the proposed 3% increase at a cost of $180,000]]along with mandated benefit
increases at a cost of $500,000 per annum. In 2000, an additional salary and benefits
increase of $2,000,000 was part of the budget. Since neither the economy nor the voters.
cooperated with last year's budget forecast by adding the budget -balancing $3.3million
to our revenue, the prophecies I made as mayor in 2001 have come to pass. A reduction
in the city's work force has had to be implemented. This is no surprise to the three of us
cn o�,"J Zt
senior council members. However, I am the only one who voted against the salary
increases last year and will do so again tonight!
In the go-go years of the late 90's, we had avoided the consequences of expensive salary
and benefit increases because revenues annually exceeded the very conservative budget
forecasting then employed by our financial director.
I have 3- points I will make tonight before I vote against this budget and against further
salary increases. These points are consistent with my written statement last year and
recent statements made regarding the manner in which terminations have been executed
[and I use that verb deliberately].
Salary increases
At a time of fiscal crisis, it is irresponsible to be granting salary increases, increases NOT
EVEN SOUGHT BY THE EMPLOYEE BARGAINING UNITS THEMSELVES .These
salary increases granted over the past 2 years and about to be added to are cumulative!
Unlike other cities ,there has been no attempt to rescind unwise salary increases through
discussions with employee bargaining units. Indeed, the RPPSOA refuses to even discuss
such a matter.
Reduction -in -Force to Balance Budget
As was clearly seen two years ago, the size of our generously salaried and benefited staff
needed to be reduced to balance the budget. That I,forecast and to that reduction I agree.
However, I DO NOT AGREE WITH THE, MANNER BY WHICH THIS HAS BEEN
ACCOMPLISHED AND JUSTIFIED.
I believe that a systematic and carefully planned vendetta against senior city staff has
been waged by a cabal of local power brokers intent on restoration of the conditions
existing in this city throughout the decades until a court-ordered moratorium on
construction started to bring this city to its senses in 1990. The election campaign of last
year was orchestrated with the intention to restore the old power structure - not
answerable to thecitizens of Rohnert Park but to a select few who regularly meet on
weekends at the Rogers' compound.
The effort to remove the former city manager Joe Netter and most of the department
heads was planned before any critical analyses of city functions and their budgetary
needs was conducted. The "open recruitment" of a new City Manger was a sham. The
former Assistant City manager was pre -selected to become the new City Manager as
soon as the election results were tabulated. To him fell the task of firing these senior staff
members no matter what the risk to the city from illegal and improper dismissal. The
city's claim of financial insufficiency to justify these layoffs .cannot stand scrutiny when
now $180,000 miraculously becomes available to grant salary increases. These
dismissals have been hastily executed with a goal of political retribution. They are not
the result of careful consideration in light of the City's budgetary and management needs.
Two examples suffice to illustrate my argument:
-The termination of a Public Works Director ostensibly to save general fund monies
when 35% of the Director's salary is not even general fund derived. In fact, the city will
save NO Money by the elimination of Bill Stephens' position. He could ,in fact, stay
on to continue the excellent work he has loyally performed these last years.
-The hastily and incorrectly conducted attempt to remove Fire Chief Cassel from his
position, overlooking that the more junior Police Commander would have had to be fired
first. Again, political retribution overrode the City's own policies on layoffs.
There's much more to this story, including the loss of key Public Works employees
through the early retirement "golden handshake" offer. We will no doubt rue the day that
a more considered approach was not utilized.
Budget Process
I will simply state that the reductions in force were conducted prior to a full budget
analysis, department by department. End of story.
So we return to the Dark Ages of Rohnert Park.
I will continue to speak out against the manner in which the city's business has been
conducted over the past six months. The full impact of the various benefits granted to city
employees is yet to be. felt. But as we retire more of our employees, the pension and
benefit burdens are going to become more and more onerous. This is true not just in
Rohnert Park but also in Sonoma County and throughout the State. As a retired Federal
employee, all of my career I paid in 7'/2% after-tax income towards my retirement, and
paid my share of my benefits and continue to so do as a retiree. Despite not having dental
or vision insurance through the Federal Government, and despite paying my share of
retirement and benefit costs, I am grateful to be in the Federal Civil Service Retirement
system. I know full well that many other citizens are not so fortunate.
Citizens of Rohnert Park need to realize the extent of employee benefits here in Rohnert
Park — that there is an incredibly rich benefit structure and that the "employee share" of
retirement is paid by the city not by the employees or the retirees themselves.
Yes the budget is balanced for this year. I deplore the manner in which it was balanced.
It puts this city at risk. Yes employees, including some senior staff had to be laid off. No,
it should not have been done in such a manner. And on top of all that, these new salary
increases and their concomitant benefits will come back to haunt future councilmembers
and city managers long after we're gone from this stage.
CITY OF ROHNERT PARK
2003-04 PROPOSED BUDGET
June 24, 2003
BUDGET OVERVIEW
Revenue:
Revenue from Operations
$20,282,645
Revenue from the sale of property
7,100,000
27,382,645
Total Revenue
Transfer from Other Funds
1,378,300
Transfer from/(to) Reserves
(6,202,591)
Total Sources of Cash
$22,558,354
I ----
Expenditures:
Expenditures
$26,109,074
Reimbursements
(3,550,720)
Total Expenditures & Reimbursements
$22,558,354
GENERAL FUND REVENUE
FROM OPERATIONS
2003-04 Budget is $20,282,645
2002-03 Budget is $19,270,090
Increase of 5% from prior year
Based on continued growth in taxes which
comprise about 57% of City revenue