2006/04/25 City Council Agenda PacketCity of Rohner[ Park* 6750 Commerce Boulevard ®Rohner[ Park, California 94928
Phone: (707)5W222?* FAX: (707)588-2274 o WEB: www.rpdty.org
ROHNERT PARD CITY COUNCIL.
Community Development Commission
Rohnert Park Financing Authority
CONCURRENT MEETINGS
AGENDA
Tuesday, April 25, 2006
MEETING LOCATION: CITE HALL - COUNCIL CHAMBERS
6750 Commerce Boulevard. Rohnert Park. California
The Rohnert Park City Council welcomes your attendance, interest and participationatits'regular concurrent city
meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers.
City CounciUCDC/RPFA Agendas & Minutes may be viewed at the City's website: www.rpcdr.org
Council/Commission/Authority may discuss and/or take action.on any or all of the items listed on this agenda.
Waiver Warning: If you challenge decisions of the City Council, .the Community Development Commission, or the
Rohnert Park Financing Authority of the City of Rohnert Parkin 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).
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.).
6:00 p.m.
CITTA' COUNCIL MEETING - REGULAR SESSION - Open
Call to Order
Roll Call (Breeze Flores Mackenzie Vidak-Martinez Smith_J
1. Pledge of Allegiance - Led by Logan Lidster, Student
Cross & Crown Lutheran School Pre -Kindergarten
2. SSU STUDENT REPORT:
e Sonoma State University Associated Students, Inc.
By James J. Reilly, III, Legislative Representative
3. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS:
For public comment on items listed or not listed on the agenda,
(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
City of Rohnert Park CONCURRENT MEETINGS Agenda (2) Avril 25, 2006
for City CounedlCommunity Development Commission/Rohnert Park rwanewg Authority
4. CONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the
Council unless any Councilmember or anyone else interested in a consent calendar
item has a question about the item. ;
A. Approval of City Council Portion of Concurrent Meeting Minutes for -
9 Regular Concurrent City Meetings - April 11, 2006
B. Approval of Bills/Demands for Payment concurrently for:
0 City of Rohnert Park/City Council
¢1 C. Accepting Cash/Investments Report for Month End,
(J March 31, 2006 concurrently for:
o City of Rohnert Park/City Council
D'. Resolutions for Adoption:
2006-101 Recognizing Lynne Morrow as an Honorary Citizen
!�e 2006-102 Recognizing Jane Smuck for Her Twenty -One Years of Volunteer
Services to the Community
L 2006-103 Proclaiming April 28, 2006, the Fourth Friday in April as "Children's
\\ Memorial Day" in Memory of Children Who have Died by Violence
V� 2006-104 Recognizing the Week of May 15 - 19, 2006 as "California Bike
\ Commute Week" and Proclaiming Thursday, May 18, 2006 as
"Bike -to -Work Day"
2006-105 Adopting Investment Policy for Idle Funds
0(2006-106 Approving an Agreement with Peelle Technologies for Document
Scanning Services
2006-107 Authorizing and Approving Amendment No. 2 to Task Order 2004-14
with Winzler & Kelly Consulting Engineers for Engineering Services
Associated with the Design of the Eastside Trunk Sewer, City Project
No. 2004-05
2006-108 Approving a Restructured Agreement for Water Supply with the
Sonoma County Water Agency and Other Water Contractors and
Authorizing the Mayor to Execute Said Document on Behalf of the City
of Rohnert Park
2006-109 Authorizing and Approving Adjustments to Miscellaneous Recreation
Part -Time Pay Rates and Ranges
2006-110 Rejecting the Claim of Shannon Karkalla (re. tires and motor mounts
/ damaged from alleged pothole)
�C 2006-11.1 Rejecting the Claim of F. Robert and JoAnn Sotelo (re. alleged water
"" �\ damage to home).
2006-112 Rejecting the Claim of Janene Rose Kelly (re. alleged police action
®` leading to lost wedding ring)
City of Rohnert Park CONCURRENT MEETINGS Agenda (3) April 25, 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
5. League of California Cities Presentation on Legislative Matters
1. Presentation by Amy O'Gorman, Regional Public Affairs Manager, North Bay &
Redwood Empire Divisions League of California Cities
• Telecommunications Reform
e, Review of Current Legislative Issues
2. Public Comments
3. Council discussion/direction
Green Building Program Update - Review of Green Building Program Status Report
1. Staff Report
2. Public Comments
3. Council discussion/direction
7. Planning and Zoning/Community Development matters:
1. Medical Marijuana Dispensary Moratorium Ordinance - Consideration of
extending the Interim Ordinance Imposing a Moratorium on Medical Marijuana
Dispensaries for One (1) year
A. Staff Report
b. PUBLIC FEARING (continued from April 11, 2006)
c. Waive Further Reading and Adopt Ordinance by reading title:
No. 757 Extending Urgency Ordinance Continuing a Moratorium on
Medical Marijuana Dispensaries fromApril 25, 2006 Through and
Including April 25, 2007
• Council motion
• Council discussion
• Council roll call vote
>(,O�2. Redevelopment Plan Amendments Proposed for the Rohnert Park
Redevelopment Project - Consideration of proposed amendments eliminating the
existing time'limit on incurring debt and amending certain time limitations with
respect to the Redevelopment Plan for the Rohnert Park Redevelopment Project
a. Staff Report
b. PUBLIC FEARING
c. Waive Further Reading and Introduce Ordinance by reading title:
No. 758 Eliminating the Existing Time Limit on Incurring Debt and
Amending Certain Time Limitations with Respect to the
Redevelopment Plan for the Rohnert Park Redevelopment Project
• Council motion
• Council discussion
• Council roll call vote
City of Rohnert Park CONCi RRIgNT MEETINGS Anenda (4) April 25.2006
for City CouncUlCommunity Development Commission/Rohnert Park Financing Authority
8.. Fireworks Ordinance Amendments -Consideration of Amending Chapter 15.28, "Uniform Fire
Code," of Title 15, "Buildings and Construction," of the Rohnert Park Municipal Code
1. Staff Report - Presentation by Lieutenant David Frazer
2. Public Comments
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 753 Amending Designated Sections of Chapter 15.28, "Uniform Fire Code" of
Title 15, `Buildings and Construction", of the Rohnert.Park Municipal Code
• Council motion
s Council discussion
® Council roll call vote
9. Compensation/Salaries Ordinance for City Council & Community Development
Commissioners - Consideration of Amending Section 2.12.030 (Salaries for Rohnert Park
City Council Members) and Adding Section 2.12.045 (compensation for Commission or
Committee Service) of Chapter 2.12 (Council Members' Salaries) of the Rohnert Park
Municipal Code
1. Staff/City Attorney Report
2. Public Comments
3. Waive Further Reading and Adopt Ordinance by reading title:
,,<
No. 756 Amending Section 2.12.030 (Salaries for Rohnert Park City Council
Members) and Adding Section 2.12.045 (compensation for Commission or
Committee Service) of Chapter 2.12 (Council Members' Salaries) of the
Rohnert Park Municipal Code
Council motion
• -Council discussion
• Council roll call vote
0. Senior Citizens Advisory Commission - Consideration of appointment to fill vacancy with
a two (2) year term to expire December 31, 2006
•. Council action to fill vacancy due4o recent
acceptance of Dorothy M. Kral resignation (AB nomination)
11. Council Committee &/or Other Reports:
1. Sonoma County Waste Management Agency, 4/19/06 mtg. (TS)
2. Association of Bay Area Governments (ABAG) Spring General Assembly, 4/20/06 Qm) .
3. Boys & Girls Club of Rohriert Park 1" Annual Children's Ball, 4/21/06 (TS)
4. Other informational. reports, if any
12. Communications
Copies of other communications have been provided to Council for review prior to this meeting.
Council Members desiring to read or discuss any communication may do so at this time.
13. Matters from/for Council:
LK, 1. Solar Policy for Single -Family Residential Developments of Five or More
Lots or Units - Adopted by City of Petaluma (TS)
2. Schedule of Events and Meetings
K3. City Council Agenda Forecast
4. Other informational items, if any
City of Rohnert Park CONCURRENT MEETINGS Agenda (5) April i5,2006
for City Council/Community Development Commission/Rohnerl Park Viinancing Authority
14. City ManagWs Report:
1. Update on ability to regulate advertising of alcohol and tobacco
2. 1CMA Summit Meeting, 4/20-21/06
3. Other informational items, �if any
15. PUBLIC COMMENTS
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
ADJOURN the City Council meeting to consecutively & separately CONVENE.the meetings of
Community Development Commission & the
Rohnert Park Financing Authoritv meetings
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
AGENDA
Tuesday, April 25, 2006
Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA
CDC MEETING. - Call to Order, Roll Call (Breeze_ Flores_ Mackenzie_ Vidak-Martinez -Smith—)
Unscheduled public appearances - for public comment on agenda items or other matters
1..C'ONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the Commission unless
any Commissioner or anyone else interested in a consent calendar item has a question about the item.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for:
Regular Meeting - April 11, 2006
2. Approval of CDC Bills/Demands for Payment
3. Accepting CDC Cash/Investments Report for Month Ending, March 31, 2006
2. Adjournment of CDC meeting
ROHNERT PARD FINANCING AUTHORITY
AGENDA
Tuesday; April 25, 2006
Meeting Location: City Hall, 6750 Commerce B1vd.,.Rohnert Park, CA
RPFA MEETING - Can to Order, Roll Call (Breeze_Flores Mackenzie Vidak-Martinez_Smith)
Unscheduled public appearances - for public comment on agenda items or other matters
L CONS'E'NT CALENDAR
All items on the consent calendar will be considered together by one action of the Authority. unless any
Authority Members or anyone else interested in a consent calendar item has a question about the item. .
1. Approval of RPFA Portion of Concurrent City Meeting Minutes for:
Regular Meeting - April 11, 2006
2. Accepting RPFA Cash/Investments.Report for Month Ending, March 31, 2006
2. Adjournment of RPFA meeting
of Rohnert Park CONCURRENT MEETINGS Agenda (6) April 25,2C
for City CounciUCommunityy Development Commission/Rohnert Park Financing Authority
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. JH -h:042506 AGENDA-RPCiry CSunc;t
N
City of Rohnert Park* 6750 Commerce Boulevard+Rohnert Park, California 94928
Phone: (707)588-22274 FAX: (707)588-2274* WEB: www.rpdty.org,
ROIINERT PARK CITY. COUNCIL
Community Development Commission
Rohnert Park Financing Authority
CONCURRENT MEETINGS
AGENDA
Tuesday, April 25, 2006
MEETING LOCATION: CTI'Y HALL - COUNCIL CHAMBERS
6750 Commerce Boulevard, Rohnert Park, California
The Rohnert Park City Council welcomes your attendance, interest and participation at its'regular concurrent city
meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers.
City CouncillCDC/RPFA Agendas A Minutes maybe viewed at the City's website: www rncity.or�
Council/Commission/Aulhonty.may discuss and/or take action.on any or all of the items listed on this agenda
Waiver Warning: If you challenge decisions of the City Council, the Community Development Commission, or the
Rohnert Park Financing Authority of.the City of Rohnert Parkin 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).
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.)
6:00 p.m.
CITY COUNCIL MEETING - REGULAR SESSION - Open
Call to Order
Roll Call (Breeze Flores Mackenzie,Vidak-Martinez Smith__)
1. Pledge of Allegiance - Led by Logan Lidster, Student
Cross & Crown Lutheran School Pre -Kindergarten
2. SSU STUDENT REPORT:
0 Sonoma State University Associated Students, Inc.
By James J. Reilly, III, Legislative Representative
3. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS:
For public comment on items listed or not listed on the agenda,
(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
City of Rohnert Park CONCURRENT MEETINGS Agenda (2) April 25, 2006
for City CouncillCommunity Development Commission/Rohnert Park Financing Authority
4. CONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the
Council. unless any CouncilmembeT or. anyone else interested in a consent calendar
item has a question about the item.
A. Approval of City Council Portion of Concurrent Meeting Minutes for:
e Regular Concurrent City Meetings - April 11, 2006
B. Approval of Bills/Demands for Payment concurrently for:
a City of Rohnert Park/City Council
C. Accepting Cash/Investments Report for Month End,
March 31, 2006 concurrently for:
e City of Rohnert Park/City Council
D. Resolutions for Adoption:
2006-101 Recognizing Lynne Morrow as an Honorary Citizen
2006-102 Recognizing Jane Smuck for Her Twenty -One Years of Volunteer
Services to the Community
.2006-103 Proclaiming April 28, 2006, the Fourth Friday in April as "Children's
Memorial Day" in Memory of Children Who have Died by Violence
2006-104 Recognizing the Week of May -15 - 19, 2006 as "California Bike
Commute Week" and Proclaiming Thursday, May 18,2006 as
"Bike -to -Work Day"
2006-105 Adopting Investment Policy for Idle Funds
*2006-106 Approving an Agreement with Peelle Technologies for Document
Scanning Services
2006-107 Authorizing and Approving Amendment No. 2 to Task Order 2004-14
with WmAer & Kelly Consulting Engineers for Engineering Services
Associated with the Design.of the Eastside Trunk Sewer, City Project
No. 2004-05
2006-108 Approving a Restructured. Agreement for Water Supply with the
Sonoma County Water Agency and Other Water Contractors and
Authorizing the Mayor to Execute Said Document on Behalf of the City
of Rohnert Park
2006-109 Authorizing and Approving Adjustments to Miscellaneous Recreation
Part -Time Pay Rates and Ranges
2006-110 Rejecting the Claim of Shannon Karkalla (re. tires and motor mounts
damaged from alleged pothole) .
2006-111 Rejecting the Claim of F. Robert and JoAnn Sotelo (re. alleged water
damage to home)
2006-112 Rejecting the' Claim of 7anene Rose Kelly (re. alleged police action
leading to lost wedding ring)
[City of Rohnert Park CONCURRENT MEETINGS Agenda (3) April 25.2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
5. League of California Cities Presentation on Legislative Matters
1. Presentation by Amy O'Gorman, Regional Public Affairs Manager, North Bay &
Redwood Empire Divisions League of California Cities
• Telecommunications Reform
• Review of Current Legislative Issues
2. Public Comments
- 3. Council discussion/direction
6. Green Building Program Update - Review of Green Building Program Status Report
1. Staff Report
2. Public Comments
3. Council discussion/direction
7. Planning and Zoning/Community Development matters:
1. Medical Marijuana Dispensary Moratorium Ordinance - Consideration of
extending the Interim Ordinance Imposing a Moratorium on Medical Marijuana
Dispensaries for One (1) year
A. Staff Report
b. PUBLIC HEARING (continued from April 11, 2006)
c. Waive Further Reading and Adopt Ordinance by reading title:
No. 757 Extending Urgency Ordinance Continuing a Moratorium on
Medical Marijuana Dispensaries from April 25, 2006 Through and
Including April 25, 2007
• Council motion
o Council discussion
• Council roll call vote
2. Redevelopment Plan Amendments Proposed for the Rohnert Park
Redevelopment Project - Consideration of proposed amendments eliminating the
existing time limit on incurring debt and amending certain time limitations with
respect to the Redevelopment Plan for the Rohnert Park Redevelopment Project
a. Staff Report
b. PUBLIC REARING
c. Waive Further Reading and Introduce Ordinance by reading title:
No. 758 Eliminating the Existing Time Limit on Incurring Debt and
Amending Certain Time Limitations with Respect to the
Redevelopment Plan for the Rohnert Park Redevelopment Project
o Council motion
• Council discussion
• Council roll call vote
City of Rohnert Park CONCURRENT MEETINGS Agenda (4) Apri125, 2006
for City Council/Community Development Commission/Rohnert Park kwancing Authority
�.. Fireworks Ordinance Amendments. =Consideration of Amending Chapter15.28, "Uniform Fire
Code," of Title 15, "Buildings and Construction," of the Rohnert Park Municipal Code.
' 1. Staff Report - Presentation by Lieutenant David Frazer.
2. Public Comments
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 753 Amending Designated Sections of Chapter 15.28, "Uniform Fire Code" of
Title 15, `Buildings and Construction", of the Rohnert Park Municipal Code
0 Council motion
e Council discussion
• Council roll call vote
9. . Compensation/Salaries Ordinance for City Council & Community (Development
Commissioners - Consideration of Amending Section 2.12.030 (Salaries for Rohnert Park
City Council Members).and Adding Section 2.12.045 (compensation for'Comnussion or
Committee Service) of Chapter 2.12 (Council Members' Salaries) of the Rohnert Park
Municipal Code
1. Staff/City Attorney Report
2. Public Comments
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 756 Amending Section 2.12.030 (Salaries for Rohnert Park City Council
Members) and Adding Section 2.12.045 (compensation for Commission or
Committee Service) of Chapter 2.12 (Council Members' Salaries) of the
Rohnert Park Municipal Code .
• Council motion
• Council discussion
• Council roll call vote
10. Senior Citizens Advisory Commission - Consideration of appointment to fill vacancy with
a two (2) year term to expire December 31, 2006
• Council action to till vacancy due to recent �.
acceptance of Dorothy M. Kral resignation (AB nomination)
11. ' Council Committee &/or Other Reports:
1. Sonoma County Waste Management Agency, 4/19/06 mtg. (TS)
2. Association of Bay Area Governments (ABAG) Spring General Assembly, 4/20/06 (JM) .
3. Boys & Girls Club of Rohnert Park I" Annual Children's Ball, 4/21/06 (TS)
4. Other informational reports, if any
12. Communications
Copies of other communications have been provided to Council for review prior to this meeting.
Council Members desiring to read or discuss any communication may do so at this time.
13. Matters from/for Council:
1. Solar Policy for Single -Family Residential -Developments of Five or More
Lots or Units - Adopted by City of Petaluma (TS)
2. Schedule of Events and Meetings
3. City Council Agenda Forecast
4. Other informational items, if any
City of Rohnert Park CONCURRENT MEETING&Agenda (5) April 25, 2006
for City Council/Community Development Commission/Rohnert Park romancing Authority
14. City Manager's Report:
1. Update on ability to regulate advertising of alcohol and tobacco
2. , 1CMA Summit Meeting, 4/20-21/06
3. Other informational items, if any
15. PUBLIC COMMENTS
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
ADJOURN the City Council meeting to consecutively & separately CONVENE the meetings of
Community Development Commission & the
Rohnert Park Financing Authority meetings.
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
AGENDA
Tuesday, April 25, 2006
Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA
CDC MEETING. - Call to Order, Roll Call (Breeze Flores—Mackenzie_Vidak-Martinez_Smith—)
Unscheduled public appearances - for public comment on agenda items or other matters
1. CONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the Commission unless
any Commissioner or anyone else interested in a consent calendar item has a question about the item.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for:
Regular Meeting - April 11, 2006
2. Approval of CDC Bills/Demands for Payment
3. Accepting CDC Cash/Investments Report for Month Ending, March 31, 2006
2. Adjournment of CDC meeting
ROHNERT PARK FINANCING AUTHORITY
AGENDA
Tuesday, April 25, 2006
Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA
RPFA 'MEETING -Call to Order, Roll Call (Breeze*'_Flores—Mackenzie—Vidak-Mar inez_Smith_)
Unscheduled public appearances - for public comment on agenda items or other matters
1. CONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the Authority unless any
Authority Members or anyone else interested in a consent calendar item has a question about the item. .
1. Approval of RPFA Portion of Concurrent City Meeting Minutes for:
Regular Meeting - April 11, 2006
2. Accepting RPFA Cash/Investments Report for Month Ending, March 31, 2006
Y pl
2. Adjournment of RPFA meeting
)f Rohnert Park CONCURRENT MEETINGS Agenda (6 April 25,
.for City CounciUCommunily Development Commission/Rohnert Park Financing Authority
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. JH -h:042506 AGEXDA-RPCiry Coun;l
From:
Tracking no:
Ship date:
Service Type
R..T
Keith Kiley
McDonough, Holland &
Allen
1901 Harrison Street, 9th
Floor
Oakland, CA 946123501
US
510-273-8767
Carol Mendenhall
CITY OF ROHNERT PARK
6750 COMMERCE BLVD
ROHNERT PARK, CA
94928
US.
7075882227.
791452254681
Apr 20 2006
Priority Overnight
Package Type:
Pickup/Drop Off:
Weight:
Dimensions:
Declared Value:
Shipper Account Number:
Bill transportation to:
Courtesy Rate Quote
Discounted variable %
Special Services:
Purpose:
Shipment Type:
Page l of 1
FedEx Pak
give to scheduled courier at my locati
1 LBS
OxOxOin
0 USD
147969228
147969228
*17.14
0.00
Express
Please Note
*The courtesy rate shown here may be different than the actual charges for your shipment. Differences may occur based on actual weig
dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping char
calculated.
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery, misdi
misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.
Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the
of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is I
greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary N
e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within stric
Consult the applicable FedEx Service Guide for details.
https://www.fedex.com/fsmHistory/HistoryMainAction.do?method=doHistoryEntry&meth... 4/20/2006
Shipment Details
ate:_
Loa out Home
_.........___.__. _..._ ..........................
Your Shipment Details:
Ship to:
From:
Tracking no:
Ship date:
Service Type:
TrackPHistory
Gabrielle P. Whelan
McDonough, Holland &
Allen PC
1901 Harrison Street, 9th'
Floor
Oakland, CA 946123501
US
510-273-8787
Carol Mendenhall
CITY OF ROHNERT PARK
6750 COMMERCE BLVD
ROHNERT PARK, CA
94928
US
7075882227
790892719214
Apr 20 2006 .
Priority Overnight
Package Type:
Pickup/Drop Off:
Weight:
Dimensions:
Declared Value:
Shipper Account Number:
Bill transportation to:
Courtesy Rate Quote
Discounted variable %
Special Services:
Purpose:
Shipment Type:
Page 1 of I'
FedEx Pak
give to scheduled courier at my locati
1 LBS
OxOxOin
0 USD
147969228
147969228
'17.14
0.00
Express
Please Note
.*The courtesy rate shown here may be different than the actual.charges for your shipment. Differences may occur based on actual weig
dimensions, and other factors. Consult the applicable FedEx Serv_ice_Gu.ide or the FedEx Rate Sheets for details on how shipping char.
calculated.
FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery, misdt
misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim_
Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the
of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is I
greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary N
e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within stric
Consult the applicable FedEx Service Guide for details.
https://www.fedex.coin/fsmHlstorylHistoryMai.nAction.do?method=doH]storyEiitry&meth... 4/20/2006
Smudge and Jam Free Printing
Use Avery® TEMPLATE 8460T -
COURTESY AGENDA
04/25/06
cc:,, I Hauff, City Clerk 2
K. Leonard, Shorthand Reporter
Amy O'Gorman.
Regional Public Affairs Manager
League of California Cities
140010 Street -
Sacramento, CA 95814
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Lieutenant David Frazer
Dept. of Public Safety
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From:
From: Mendenhall, Carol'
Sent: Monday, April 24, 2006 10:15 AM
To: Breeze, Amie; Flores, Armando Home Email account; Mackenzie, Jake - AOL; Smith, Tim;
'vvm92tam@comcast. net'
Cc: Donley, Steve; Schwarz, Dan; Hauff, Judy; Bullard, Tom; Bendorff, Ron; Jenkins, Darrin;
Lipitz,, Sandy; 'Michelle Kenyon'; 'Gabrielle Whelan'
Subject: 4/11/06 City Council Meeting Minutes
Attachments: 041106 Minutes-RP City Council.doc
Honorable Mayor and Council Members,
The City Council Meeting Minutes for April 11, 2006 are attached and are also being sent via fax for your review.
Thank you,
CarolA -W endenhaff
Office Asst. II / Deputy City Clerk
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Phone: (707) 588-2225
Fax: (707) 588-2274
www.rpci .org,
I
E
4/24/2006
TRANSACTION
REPORT
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FOR:
CITYOFROHNERTPARK
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CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:
City Council
Community Development Commission
Rohnert Park Financing Authority
April 11, 2006
Tuesday
The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community
Development Commission and the Rohnert Park Financing Authority met this date in Regular
Session for a meeting commencing 6:00 p.m. at the Rohnert Park City Nall, 6750 Commerce
Boulevard, Rohnert Park, -with Mayor Smith presiding.
REGULAR SESSION:
Call to Order: Mayor Smith called the Regular Session to order at 6:0.0 p.m.
Roll Call: Flores, Mackenzie, Smith
Absent: Breeze (excused), Vidak-Martinez (excused)
Staff present for all or part of the Regular Session: City Manager Donley, Assistant City
Attorney Whelan, Assistant City Manager Schwarz, Director of Public Works/City Engineer
Jenkins and Videographer Beltz.
1. PLEDGE OF ALLEGIANCE:
Peter W. Smith, nephew of Mayor Smith, from Sun Prairie, Wisconsin, led the Pledge of
Allegiance. Mayor Smith introduced Peter's family members, and he PRESENTED Peter
with a card and a pen.
2. SCHEDULED APPEARANCE/PRESENTATION:
Shirlee Zane, CEO, Council on Aging Senior Nutrition Program — Presentation: .
Ms. Zane DISTRIBUTED AND REVIEWED the contents of a letter outlining the Council's
services to Rohnert Park's senior citizens and requesting a $15,000 annual donation from the
City that will.renew the following two.years. Ms. Zane responded to Council questions and
comments. Council CONCURRED to consider this funding request at an upcoming Budget
Work Session.
3. SSU STUDENT REPORT:
Sonoma State University Associated Students, Inc. by James J. Reilly; 111, Legislative
Representative: Mr. Reilly was not present. Council CONCURRED to allow Mr. Reilly to
give the SSU Report if he showed up later in the.meeting.
City of Rohnert Park CONCURRENT MEETINGS Minutes (2) Auril 11 2006
for City CounciUCom►nunity Development Convmssion/Rohnert Park Financing Authority
4. UNSCHEDULED PUBLIC APPEARANCES/COMNIENTS:
I. Winston Johnson, Sonoma County Right of Way Coordinator, was recognized and
DIS'T'RIBUTED AND REVIENNIED information regarding the April Is' Exhibition
Wheelchair Basketball Game supported by the Christopher Reeve Paralysis Foundation and
held at the Callinan Sports & Fitness Center. Mr. Johnson also SUBMITTED an invitation to
the Council for Community Resources , for Independence's (CRI) 30'x' Anniversary Gala
Celebration and Tribute Dinner called "Passport to Independence." He explained CRI's
services in the community, and he encouraged Council to attend. Mayor Smith thanked Mr.
Johnson for the opportunity to play in the Exhibition Wheelchair Basketball Game, and he
signed a basketball from the event.
2. .Peter Tscherneff, Sonoma County; was recognized and discussed ,various topics ranging from
homelessness to the bird flu to taxes. He also shared brief comments on the recent arrest of a
suspected arsonist in Healdsburg.
3. Jerry Gladstone, Executive Director, Sonoma Mountain Business Cluster, was recognized and
shared details regarding the new business incubator at Sonoma Mountain Village. He
indicated that the Business Cluster will be a good way to generate jobs in Sonoma County and
to create partnerships. Mr. Gladstone SUBMITTED his business card to Council, and he
responded to Council questions and comments.
11. COUNCIL COMMITTEE AND/OR OTHER REPORTS: [Out of agenda order]
6. Sustainable Enterprise Conference 2006, 4/7/06: Mayor Smith indicated that he met Mr.
Gladstone at this event, and he noted that the July 13°i Mayors' and Councilmembers'
meeting will be held at Sonoma Mountain Village with a business cluster tie-in and
featuring energy efficient vehicles.
5. CONSENT CALENDAR:
Mayor Smith asked if there were any questions about matters on the Consent, Calendar. The
following item was removed: Item D per Councilmember Flores' recommendation.
A. Approval of City Council Portion of Concurrent Meeting Minutes for:
Special Meeting/Work Session & Regular Concurrent City Meetings - March 28, 2006
B. Approval of Bills/Demands for Payment concurrently for:
City of Rolinert Park/City Council in the amount of $484,392.53
City of Rohnert Park CONCURRENT MEETINGS Minutes (3) April 11, 2006
for City Council/Convmmity Development Conrmission/Rohnert Park Financing Authority
C. Resolutions for Adoption:
2006-93 Authorizing and Approving Amendment No. I to Task Order 2006-
02 with Winzler & Kelly Consulting Engineers for Assessment
Engineering Services Associated with Changes and Modifications to
Assessment District 05-01
2006-94 Calling for Sealed Proposals for the Manhole Retrofit 1%1 Reduction
Project, City Project No. 2004-10
2006-95 Calling for Sealed Proposals for 2006 Street Maintenance Program
Slurry Seal, City Project No. 2005-04
2006-96 Authorization to Recruit for a, Deputy City Clerk Position
2006-97 Rejecting the Claim of Dane Karkalla (re. alleged flood damage to
vehicle)
2006-9.8 Rejecting the Claim of Nardsons Enterprises (re. alleged water valve
malfunction)
2006-99 Rejecting the Claim of Allstate Insurance (re. client's alleged roof
damage)
Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Flores,
and APPROVED 3-0-2 with Councilmember Breeze and Vice Mayor Vidak-Martinez
absent, reading was waived and the Consent Calendar, with the exception of Item D,
was ADOPTED.
Item for Consideration:
D. Accepting the resignation of Dorothy M. Kral from the Senior Citizens Advisory
Commission, due to recently moving from Rohnert Park, and authorizing the City
Clerk to proceed with posting of this vacancy as required by law for this two (2) year
term to expire December 31, 2006'(AB nomination)
Councilmember Flores acknowledged the resignation of Ms. Kra] and REQUESTED
that the Mayor send a letter of appreciation for her service to the Commission.. A
MOTION was made by Councilmember Flores, seconded by Councilmember
Mackenzie, to accept the resignation of Ms. Kral as outlined in Item D of the Consent
Calendar. Said motion was APPROVED 3-0-2 with Councilmember Breeze and Vice
Mayor Vidak-Martinez absent.
6. PURCHASING ORDINANCE AMENDMENT:
Consideration of Amending Chapter 3.04, "Purchasing System" of Title 3, "Revenue and Finance"
of the Rolmert Park Municipal Code:
1 _ Staff Report: City Manager Donley reviewed the contents of the Staff Report.
2. Public Comments: None.
City of Rohnert Park CONCURRENT MEETINGS Minutes (4) April 11 2006
for City CounciUCon:munity Development Commission/Rohnert Park Financing Authority
3. Waive Further Reading and Adopt Ordinance by reading title:
No. 754 Amending Existing Chapter 3.04, "Purchasing System" of Title 3,
"Revenue and Finance"; of the Rohnert Park Municipal Code
A MOTION was made by Councilmember Flores, seconded by Councilmember
Mackenzie; to adopt Ordinance No. 754. Under discussion, Councilmember Flores
commented on the solicitation of at least three bids. Councilmember Mackenzie
discussed the complete revamping of the City's Municipal Code. Assistant City
Attorney Whelan noted that staff deals with Municipal Code issues on a case by case
basis. Mayor Smith suggested that after the General Plan Update, Council consider
doing an. amended and restated ordinance. After the motion, which was APPROVED
3-0-2 BY ROLL CALL VOTE with Councilmember Breeze and Vice Mayor Vidak-
Martinez absent, reading was waived and Ordinance No. 754 was ADOPTED.
7. PLANNING AND ZONING/COMMUNITY DEVELOPMENT MATTERS:
Growth Management Program - File No. PL200.5-063MC - Consideration of
Proposed Amendments to Chapter 17.19 of the Rohnert Park Municipal Code regarding
the City's Growth Management Program including Certifying a Negative Declaration for
same
a. Staff Report: City Manager Donley shared the contents of the Staff Report.
b. Public Comments: None.
c. Waive Further Reading and Adopt Ordinance by reading title:
No. 755 Amending Title 17, Zoning, of the Rohnert Park Municipal Code,
Chapter 17.19 Regarding the City's Growth Management Program
A MOTION was. made by Councilmember Flores, seconded by Councilmember
Mackenzie, to adopt Ordinance No. 755. Under discussion, Councilmember
Mackenzie expressed support for the ordinance and shared comments about how the
ordinance gives the Council the ability to shape the City's growth. Mayor Smith
concurred with Councilmember Mackenzie's comments, and he acknowledged the
efforts of the Planning Commission in this matter. After the motion, which was
APPROVED 3-0-2 BY ,ROLL CALL VOTE with Councilmember Breeze and
Vice Mayor Vidak-Martinez absent, reading was waived and Ordinance No. 755 was
ADOPTED.
2. . Medical Marijuana Dispensary Moratorium Ordinance - Consideration of extending
the Interim Ordinance Imposing a Moratorium on Medical Marijuana Dispensaries for
One (1) year:
a. Staff Report: Item DEFERRED to next agenda per staff advice.
b. PUBLIC HEARING: DEFERRED to next agenda.
City of Rohnert Park CONCURRENT MEETINGS Minutes (5) April 17 2006
for City CouncillCommunity Development Commission/Rohnert Park Financing Authority
c. Waive Further Reading and Adopt Ordinance by reading title:
No. 757 Extending Urgency Ordinance Continuing a Moratorium on Medical
Marijuana Dispensaries from April 25,-2006 Through and Including
April 25, 2007
Council motion/discussion/roll call vote: DEFERRED to next agenda.
7. SOLID WASTE ISSUES:
Consider authorization for the Mayor to send a letter on behalf of the City Council to the County
Board of Supervisors regarding the City's position on solid waste issues:
1. Review .of City's position on solid waste issues to formulate topics for letter: City Manager
Donley reviewed the contents of the Staff Report.
2. Public Comments: Mayor Smith called forward Connie Cloak of C2 Alternatives, the City's
consultant regarding recycling.
Connie Cloak, C2 Alternatives, was recognized and discussed the City's efforts to maximize
recycling. Ms. Cloak indicated a conversion goal of at least 60 percent currently with an
intention to strive for 75 -percent in the future, and she responded to Council questions and
continents.
3. Council discussion/direction/action: Councilmember Flores discussed how the outhauling of
waste must have a minimum impact on the environment, and he commented on solutions in the
future, including examples of hauling by rail. Councilmember Mackenzie expressedsupport
for a 100 -percent diversion goal, with a short-term .goal of 70 percent. He also noted his desire
that the outhauling be tied into freight service. Mayor Smith shared comments on the
effectiveness. of the Sonoma County Waste Management Agency (SCWMA). He indicated
that another Joint Powers Authority (JPA) was not needed, and he expressed support for 100 -
percent diversion within 15 years. Council CONCURRED to direct Mayor Smith and staff to
draft a letter (1) expressing support for 75 -percent diversion by 2010, with a goal of 100 -
percent diversion, and (2) endorsing support to move in the direction of rail service.
8. PROPOSISIONT 42 TRANSPORTATION FUDNING "FIX":
Consider adoption of a resolution endorsing efforts to place a transportation funding
initiative on the statewide November 2006 ballot:
Review of staff communications with League.of California Cities' Representative: Assistant
City Manager Schwarz. reviewed the contents of the Staff Report and responded to Council
questions and comments.
2. Public Comments: None.
City of Rohnert Park CONCURRENT MEETINGS Minutes (6) April 11, 2006
for City CounciUCommunity Development Commission/Rohnert Park Financing Authority
3. Resolution for Adoption:
2006-100 Supporting a Proposition 42 Fix Endorsing Efforts to Place a
Transportation Funding Initiative on the Statewide November 2006
Ballot
Council_ motion/discussion/vote: A MOTION was made by Councilmember
Mackenzie, seconded by Councilmember Flores, to adopt Resolution 2006-100. Under
discussion, Councilmembers Flores and Mackenzie expressed support to move forward
with the initiative. Mayor Smith stated that there is no loophole, rather that, as adopted,
the proposition included this provision allowing the Governor to retain the monies at a
State level. After the motion, which was APPROVED 2-1-2 with Mayor Smith
dissenting and Councilmember Breeze and Vice Mayor Vidak-Martinez absent, reading
was waived and Resolution 2006-100 was ADOPTED.
9. MAYOR'S ECONOMICI DEVELOPMENT AND RETENTION VISITATION
PROGRAM/PROPOSED STRUCTURE:
Consideration of direction and approval to implement the Mayor's Economic Development and
Retention Visitation Program:
1. Staff report: City Manager Donley reviewed the contents of the Staff Report and responded to
Council questions and comments.
2. Public Comments: None.
3. Council discussion/direction/action: Councilmembers expressed support for staff's
recommendation, and Mayor Smith DIRECTED STAFF to implement said program.
10. COUNCIL COMMITTEE AND/OR OTHER REPORTS:
Special Budget Workshop Meeting of the Sonoma County Waste Management Agency,
3/29/06:
Mayor Smith commented on the need for SCWMA to adopt a budget.
2. Wheelchair Basketball, 4/l/06: Mayor. Smith stated that this item had been covered under
Agenda Item No. 4, "Unscheduled Public Appearances/Comments."
3. Water Advisory Committee, 4/3/06 mtg.: Councilmember Mackenzie reviewed various items
from the agenda. City Engineer Jenkins commented on fluoridation matters. Council
CONCURRED to support a regional solution to the fluoridation issue if the other water
contractors supported it as well.
4. Redwood Empire Municipal Insurance Fund (REMIF), Board Meeting, 4/6/06: Mayor Smith
reported on health care costs to the City and the possibility of a Health Savings Account.
City of Rohnert Park CONCURRENT MEETINGS Minutes (7) April 11 2006
for Cite Couneil/Conimunity Develop hent Coln in issionlRohn ert Park Financing Authority
5. "A Day of Collaboration", Sonoma County Cities & Schools Partnership, 4/7/06:
Councilmember Flores DISTRIBUTED AND REVIEWED survey information from this
collaboration event. Mayor Smith convnented on.the Safe Routes to School program.
6. Sustainable Enterprise Conference 2006, 4/7/06: Mayor Smith shared brief comments, noting
that said item was covered earlier in the meeting.
7. North Bay Watershed Association Conference, "Water and . Regionalism", 4/7/06:
Councilmember Mackenzie noted his attendance at said meeting.
8. Sonoma County Transportation Authority (SCTA), 4/10/06 mtg.: Councilmember Mackenzie
DISPLAYED a poster and DISTRIBUTED AND REVIEWED a Project Information Sheet
for the Highway 101 HOV Lane Widening and Improvements Project. He also commented on
California Tiger Salamander issues related to the project.
9.. Russian River Water Shed Association'Water Quality and Regulations Integrated Resources
Planning and Public Outreach and Funding Technical Working Group Meetings, 4/11/06:
Councilmember Mackenzie noted that he does not attend the Working Group meetings. He
stated that he will be at a meeting tomorrow of the North Coast Integrated Regional Water
Review Board.
.10. Other informational reports, if any.-
a.
ny:a. General Plan Subcommittee: Councilmember Mackenzie reported on the Subcommittee's
meeting with City staff to finalize discussions on the Development Agreement with the
University District, and he convnended City Attorney Kenyon for her efforts. City
Manager Donley shared additional comments.
12. COMMUNICATIONS:
Mayor Smith . commented on the following communications and/or made the following
announcements: (1) Upcoming Curbside Clean -Up announcement in utility bills; (2) .Encouraged.
the public to go see the play "Sylvia" at the Performing Arts Center; (3) Roger Wilco to become a
Pacific Market; (4) Letter re a LAFCO appointment — Mayor's support for Deborah Fudge.
Councilmember Mackenzie commented on the ABAG Regional Planning Commission meeting he
attended last week, and he SUBMITTED a 3/22 _\ entitled, "Update on Regional Housing
Needs Allocation to City Manger Donley, asking that it be distributed to other cities as well.
13. MATTERS FROM/FOR COUNCIL:
1. Kiwanis Club Speaker, 4/5/06: Mayor Smith noted his attendance at said function.
2. Dept. of Public Safety Award Ceremony, 4/10/06: Mayor Smith and Councilmember
Mackenzie noted their attendance at said ceremony, which honored John Gilson, Steve
Kapinos, Dan Lusk, Mike MacKenzie, Sean O'Donnell and Jacy Tatum.
Citv of Rohnert Park CONCURRENT MEETINGS Minutes (8) April l 1, 2006
for City Council/Community Development Coin mission/Rohnert Park Financing Authority
3. Schedule of Events and Meetings: Provided to Council in the Agenda packet.
4. City Council Agenda Forecast: Provided to Council in the Agenda packet.
5. Other informational items, if any:
Mayor Smith reported/commented on the following items: (1) Meeting with Rohnert Park
Department of Public Safety Command Staff last Thursday, as well as a meeting with two
officers yesterday morning; (2) Happy Birthday to Videographer Linda Beltz; (3) Request to
agendize consideration of recognizing Lynn Morrow of the Cultural Arts Conunission as all
Honorary Citizen. Council CONCURRED.
14. CITY MANAGER'S REPORT:
1. Creekside Middle School Day, 3/30/06: City Manager Donley reported on this item.
2. Legislative Update:
a. Legislative Action Days, 5/17-18/,06: City Manager Donley indicated that Mayor
Smith and Councilmember Mackenzie will be attending this event.
b. Proposed detailed discussion at 4/25/06 meeting prior to Legislative Action Days:
Assistant City Manager Donley explained this item, noting that League of
"California Cities representative Amy O'Gorman will be speaking at the next
Council meeting.
3. City Council/Planning Commission Joint Meeting - Review of Scheduling Options:
Council discussion/direction/action: At the suggestion of Mayor Smith, Council
CONCURRED TO DIRECT STAFF to select a Thursday evening that works out
for the Planning Commission and the City Council.
4. Other additional items, if any:
City Manager Donley noted that he will be attending the International City/County
Management Association (ICMA) Summit next week.
15. PUBLIC COMMENTS:
Mayor Smith invited members of the public interested in speaking to come forward.
No members of the public responded.
ADJOURNMENT:
Mayor Smith ADJOURNED the City Council meeting at 8:03 p.m. to consecutively and
separately CONVENE the meetings of the Community Development Commission and the
Rbhnert Park Financing Authority.
Cite of Rohnert Park CONCURRENT MEETINGS Minutes (9) April 11, 2006
for City CounciUCommunity Development Commission/Rohner! Park Financing Authority
CONINIUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK
MINUTES
Tuesday, April 11, 2006
Call to Order: 8:03 p.m
Roll Call: Flores, Mackenzie, Smith
Absent: Breeze (excused), Vidak-Martinez (excused)
Also present: Executive Director Donley, Assistant General Counsel Whelan and Recorder Leonard
Unscheduled public appearances: None.
1. CONSENT CALENDAR:
Chairperson Smith asked the Commissioners if there were any questions about matters on the
CDC Consent Calendar. No matters were raised.
1. Approval of CDC Portion of Concurrent City Meeting Minutes for:
Regular Meeting - March 28, 2006
2. Approval of CDC Bills/Demands for Payment in the amount of $16,332.60
3. CDC Resolutions for Adoption:
2006-05 Authorizing and Agreement for Analysis and Report Preparation
Services with Keyser Marston Associates Regarding the Proposed Land
Transaction Between the Community Development Commission of the
City of Rohnert Park and Burbank Housing Development Corporation
and Community Housing Development Corporation of Santa Rosa
2006-06 Approving an Agreement with Rosenow Spevacek Group Inc. for
Consulting Services Related to the Redevelopment Plan Amendment
A MOTION was made by Commissioner Flores, seconded by Commissioner Mackenzie, to
approve the Consent Calendar as outlined in the agenda. Said motion was APPROVED 3-0-2
with Commissioner Breeze and Vice Chair Vidak-Martinez absent.
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the CDC
meeting at 8:03 p.m.
City of Rohnert Park CONCURRENT MEETINGS Minutes (10) April 11, 2006
for City Council/Community Development Conimission/Rohnert Park Financing Authority
ROHNERT PARK FINANCING AUTHORITY
AGENDA
Tuesday, April 11, 2006
Call to Order: 8:03 p.m.
Roll Call: Flores, Mackenzie, Smith
Absent: Breeze (excused), Vidak-Martinez (excused)
Also present: Executive Director Donley, Assistant General Counsel Whelan and Recorder Leonard
Unscheduled public appearances. None.
I. CONSENT CALENDAR:
Chairperson Smith asked the Members if there. were any questions about matters on the RPFA
Consent Calendar. No matters were raised.
1. Approval of RPFA Portion of Concurrent City Meeting Minutes for:
Regular Meeting, March 28, 2006
A .MOTION was made by Member Mackenzie, seconded by Member Flores, to approve the
Consent Calendar as outlined in the agenda. Said motion was APPROVED 3-0-2 with Member
Breeze and Vice Chair Vidak-Martinez absent.
2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the Meeting
of the RPFA at 8:04 p.m.
Katy Leonard Tim Smith
Certified Shorthand Reporter Mayor
C.S.R. 11599 City of Rohnert Park
� 71, - mma
ITEM
CITY OF ROHNERT PARK
BILLS FOR APPROVAL
April 25, 2006
REVISION NO. 1
Miscellaneous 1 I
to:
to:
Checks 159928 - 160275
Dated April 7 - 19, 2006 $1,823,244.44
Subtotal $1,823,244..44
Vulcan Construction & Maintenance, Inc.
Commercial Water Meter Project - Phase 2, Proj. No. 2004-03 $106,861.67
Subtotal $106,861.67
TOTAL $1,930,106.11
Checks 159928 - 160275
Dated April 7 - 19, 2006
CITY OF ROHNERT PARK
BILLS FOR APPROVAL
April 25, 2006
uouncu: x
Miscellaneous
Communications
Agenda y•? bto X
to:
$1,823,244.44
TOTAL $1,823,244.44
Iq.oco A -U^
RESOLUTION 2006-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
Recognizing and Honoring
LYNNE MORROW
WHEREAS, the City Council became acquainted with Lynne Morrow when she was appointed to the Cultural Arts Commission in 2001; and
WHEREAS, Lynne is a Sonoma State .University music professor whose career has exploded. She currently directs the vocal and opera/music theatre
programs at SSU. Among. her numerous accomplishments, In 2003; Lynne traveled to Berlin to perform with the Deutsches Symphonie-Orchester and II�
record Leonard Bernstein's "Mass" -a unique and controversial performance combining blues, rock, jazz, spirituals, and church hymns; and Irl
WHEREAS; in November, Lynne experienced the thrill of a lifetime when she performed in New York's Carnegie Hall to a sold -out concert and found that
she had been nominated for a Grammy award for Best Choral Performance for her work as Chorus Master in the dramatic recording of "Mass'; and
Z.
WHEREAS, Lynne's family roots demonstrate strength. Grandma Affie was kidnapped from West Africa and brought to the U.S. as a slave. She lived to be
109 and walked to freedom from Louisiana to Texas. Lynne's father was a professional prize fighter, her mother a teacher, and her uncle a musician; and
" 0
WHEREAS, Lynne continues the legacy of courage. Along with the challenges of being a responsible single mom and a minority, Lynne successfully
obtained a BA from Stanford, MA from Cal State Hayward, and DMA from Indiana University in Bloomington.
�I
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby publicly honor Cultural Arts Commission, Chairperson O
Lynne Morrow and sends its best wishes for her continued success with her career, three daughters, and grandson.
BE IT FURTHER RESOLVED that Lynne's name be added to the Honorary Citizens of Rohnert Park plaque as she truly is a pillar in this community.
DULY AND REGULARLY ADOPTED this 25th day of April, 2006.
ATTES CITY OF RO ERT PARK
ity Clerk Judy Hauff M or Tim Smith
i'
`�o-:
;�,.
X
RESOLUTION NO. 2006-102
Communications
A RESOLUTION OF THE CITY COUNCIL -OF THE CITY O
Recognizing Coy to:
JANE SMUCK
v µ. iq. o c.o A VA_
FOR TWENTY-ONE YEARS OF SERVICE TO THE ROHNERT PARK COMMUNITY
WHEREAS, the City Council of the City of Rohnert Park wishes to express its gratitude and
appreciation to Jane Smuck who generously volunteered her time and energy for over twenty-one
years to the Rohnert Park/Cotati library where she shelved children's books; and
WHEREAS, she often would be observed pushing heavy carts overladen with books. Jane loved
books and her mission was to have many books available to the children of our community.
Additionally, she frequently made donations for children's books in honor, or in memory, of
friends; and
WHEREAS, Jane and her husband Jack moved to Rohnert Park in 1958 where they raised four
children. Jane was very involved in their activities such as AAU swimming and girls' city softball;
and
WHEREAS, and as if this weren't enough, this exceptional woman also volunteered as a Pink
Lady at Hillcrest Hospital.
WHEREAS, Jane and her husband have traveled extensively to nearly every part of the world and
have been on at least 45 cruises. She always returned from each trip with bookmarks for library
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that i'
hereby recognizes and honors Jane Smuck forher selfless dedication to our children and our
library.
DULYAND REGULARLYADOPTED this 25`h day of April, 2006.
City of Rohnert
Tim Smith
ATTEST:
City,Clerk Judy Hauff
Council: X
Resolution No. 2006-103 Miscellaneous
Communications
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R X `rl�9�oE
Proclaiming April 28, 2006 as COPY to:
CHILDREN'S MEMORIAL DAY Co Yto:
In Memory of Children Who have Died by Violence.
WHEREAS, throughout America, .tragic cases of violence against children are occurring with increasing
frequency andsenselessness, destroying innocent lives and devastating families; and
WHEREAS, Sonoma County has experienced too. many preventable child deaths; and
WHEREAS, the City Council of the City of Rohnert Park believes in the celebration of life and deplores and
condemns acts of violence committed upon the children of our community; and
WHEREAS, the Committee to Minimize Occurrences of Violence in Everyday Society (MOVES) and the
Sonoma -County Human Services Department are committed to raising public awareness of the need to care for
all of our children and to honor young lives lost; and
WHEREAS, MOVES has acquired a Children's Memorial Flag from the Child Welfare League of America,
which has become a recognizable symbol.of the need to do a better job of protecting children and which has been
adopted by other California communities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the 4`h.Friday
in April [April 28, 2006] be proclaimed as Children's Memorial Day in Rohnert Park.
DULY AND REGULARLY ADOPTED this
Nonviolent Methods
of Conflict Resolution
® Identify the problem. Focus on the
problem not the person involved.
® Keep an oven utind. Things aren't
always the way you think they are.
M Listen. Take time to really hear what the
other person is saying.
® Use htunor.
a Anticipate a difficult situation. Plan
ahead and think of several alternative ways
to peacefully resolve the dispute.
® Postpone decisions. Give yourself time
to calm down and avoid overreacting. Be
open to compromise.
Avoid the conflict. Sometimes it's not
worth it to argue.
* Compromise. Flip a coin, take turns,
share, get someone else to listen to both
sides and to help work out a peaceful
resolution.
Joist its ill
observing lnimizing
the Annual
Day of Nonviolence
Sham your ideas about reducing
violence in our community and in
the media with:
® Schools
® Youal
® Law enforcement
® Local government
® Faith and ethnic communities
® Peace and non-violence groups
® Your neighbors
® Media sponsors
To become a ntember of MOVES or to find
out more about us and our programs,
please contact:
MOVES - 524-1900
3550 Round Barn Blvd., Suite 306
Santa Rosa, CA 95403
KJIBF FM - 545-8833 (SI)anish)
ccurrences of
"W T
iolence in
veryclay
0
ociety
What Sonoma County
citizens can do every day
to lessen violence in our
community
O
I
MOVES
is a Positive campaign
with two goals:
_I , To make people alvare of what .gyve can
do to minimize occurrences of violence
in out- everyday lives.
2. To begin the long process of getting,
people to actively panicipate in the
process of making our community less
violent.
To achieve these goals, it is important
for people to learn that each of us can
control the amount of violence in the
community.. Part of the answer can be
achieved through educating ourselves about
the causes of violence. We can also express
oui- views on how to change both the way .
violence is portrayed in the media and the
way our children learn how to understand
and deal with violence.
Part of MOVES is to Ina.ke the
community aware of what help is available
in learning to deal with anger and conflict in
nonviolent ways and how to take steps on
your own to reduce.your exposure to
violence.
Tips for Families Who
Watch Television
a I'lan your family viewing. Include your children
in deciding what they will watch by using a
television listing. Give your children choices from a
list of shows that you know are nonviolent,
informative, or enter(aining.
® Watch television with ,your child and talk
about the show you view together. Point out
when you disapprove of a character's violent ads
and when you think there are better ways to solve a
problem. 'talk about what is real and pretend.
® Monitor your child's television viewing. Limit
children's viewing time to -one or two hours daily.
Watch every program your child watches at least
once.
m View programs through the eyes of a child.
Limit children's viewing tine to one or two hours
daily. watch every program your child watches at
least once.
® Don't assume that a show isn't violent. Some
programs that seem innocent still give violent
messages.
o Offer alternatives. Use a VCR and quality
children's videotapes as an alternative to television.
Substitute activities such as playing games, reading
books, discussing current events, or helping with
household projects that offer opportunities for
drinking creatively.
® help children understand commercials.
Discuss cormnercials with your children. Point out
when advertisers make false or exaggerated claims.
® Support regulation or children's television.
Encourage your legislators to support legisla(ion
that promotes nonviolent television programming
and restricts advertising on children's television.
m Call or write televisions stations (network and
cable) and advertising sponsors to express
your opinions about programming. Inform
them when you are offended and also when your
are pleased by a peograrn.
® Request ►uedia literacy programs in schools. it
is important that children learn to analyze and
evaluate the information provided by media.
We Can -Change Ourselves
And Our Communities
and...
® We can practice listening.-
® We can leafn positive.
communication techniques,
® We can take a deep breath to .
lower stress.
® We. can learn to control our anger.
* We can find safe outlets for anger.
® We can learn techniques_ to diffuse
anger in others.
® We can leave to resolve conflicts
without a physical fight.
® We can learn laws and guidelines
to eliminate sexual harass-'
Illent.
® We can show respect for police
officers. They are real people
like us.
® If Tve have a history of violent
behavior, lve cart join a
support or counseling group.
® We. can acknowledge and reward
non-violent behavior when we
see It.
® We are peace -makers.
❑ You may use my name publicly as a supporter.
Signature
❑ I will host a fundraiser
The following is required by state law:
Name
Address
❑ I will host a Coffee or meeting in my community. City, State, ZIP
( ) ( )
❑ I will distribute information in my newsletter Home Work
or website. E-mail
Occupation
www.yesforlibraries.com
.Employer (if self employed, Name of Business)
There are contribution limits. The Committee may accept contributions from individuals, busi-
nesses, committees, and other organizations. Contributions should be rnade payable directly Business Address
to the Campaign. The Campaign is required to disclose the true source of all contributions Committee I.D.Number (for PACs):
Individuals, businesses and organizations making contributions may incur reporting obligations
under the state campaign reporting laws. Additional information may be obtained from the Paid for by -.Yes on Prop 81—Californians for Literacy & Community Libraries, Supported by the
Campaign or from the FPPC (www.fppc.ca gov) California Library Association - I - 91274465, 1219 19th Street, Second Floor, Sacramento, CA
+26 for more information or to volunteer, call 916.737.9325 95814. Contributions to the committee are not tax deductible for Federal incorne tax purposes.
-----------
r- ------ -
,,:r:, P
Tnn o
�
(A
0
S
Y
ro
1
1
1�
❑ I will host a Coffee or meeting in my community. City, State, ZIP
( ) ( )
❑ I will distribute information in my newsletter Home Work
or website. E-mail
Occupation
www.yesforlibraries.com
.Employer (if self employed, Name of Business)
There are contribution limits. The Committee may accept contributions from individuals, busi-
nesses, committees, and other organizations. Contributions should be rnade payable directly Business Address
to the Campaign. The Campaign is required to disclose the true source of all contributions Committee I.D.Number (for PACs):
Individuals, businesses and organizations making contributions may incur reporting obligations
under the state campaign reporting laws. Additional information may be obtained from the Paid for by -.Yes on Prop 81—Californians for Literacy & Community Libraries, Supported by the
Campaign or from the FPPC (www.fppc.ca gov) California Library Association - I - 91274465, 1219 19th Street, Second Floor, Sacramento, CA
+26 for more information or to volunteer, call 916.737.9325 95814. Contributions to the committee are not tax deductible for Federal incorne tax purposes.
Strengthens School -Library Partnership to Improve Literacy
Distr. @ Mtg. Of:
cc:
cc:
File•s0e,
File:
04-
Many of our friends and neighbors suffer silently from functional illiteracy. They are unable to read and perform daily life skills
like paying bills, understanding instructions on medicine bottles, or reading safety manuals.
Illiteracy often passes from one generation to the next, not limited by age, race, gender or geography. Over three million native
English- speaking Californians are functionally illiterate.
Libraries and.schools are working together to provide students and adults with literacy and job skill improvement programs to
reverse this trend. ms.
Local Libraries Under -funded, While Need for Library Services Increases
Skyrocketing library use is causing our already under -funded library system to deteriorate rapidly. A recent study by the
California State Library, identified more than 500 public library building projects needed statewide, over the next five years.
Prop. 81. Frees Up Local Money for Improved Library and Literacy Programs
Prop. 81 combines a 65% state match with 35% locally generated funds, to provide over $900 million for renovating or building
libraries, freeing local funds for much needed services for children, seniors, families and businesses.
A Yes vote on Prop. 81 will mean:
■ More homework centers for students and safe places for children to go after school
■ College and career centers for high school and college students, and adults re-entering the workforce
■ Expanded children's reading programs
■ Greater access for seniors and people with disabilities
• Updated technology and increased access to computers and the Internet
■ Increased programs to fight illiteracy
■ New partnerships between libraries and schools
Prop, 81 is not a tax increase and it puts money into libraries, not administrative
overhead
Vote Yes for Literacy, Learning & Libraries.
Vote Yes on Proposition 81.
YES ON PROP. 81 - CALIFORNIANS FOR LITERACY & COMMUNITY LIBRARIES - A COMMITTEE SUPPORTED BY THE CA LIBRARY ASSOCIATION
1215 19TH STREET, 2ND FLOOR, SACRAMENTO, CA 95814 / WWW.YESFORLIBRARIES.COM / PHONE 916-737-9325, FAX 916-737-1809
loft RESOLUTION NO.. 2006-104
A RESOLUTION OF THE ROHNERT PARK CITY COUNCI Council: X
Recognizing Miscellaneous
The Week of May 15 — 19, 2006 as Communications
CALIFORNIA BIKE COMMUTE WEEK Agenda o X
And Proclaiming Copy to:. .
Thursday, May 18, 2006 as Copy to:
BIKE -TO -WORK DAY
WHEREAS, bicycle commuting is an effective means to improve air quality, reduce traffic congestion and,
noise, and conserve. energy; and
WHEREAS, bicycle commuting benefits both employees and employers through better employee health and
fitness, reduced commuting, parking, and health care costs, lower employee absenteeism and turnover, and
increased employee productivity; and
WHEREAS, increased public awareness of the benefits of commute alternatives such as bicycling or walking
will help to ensure a healthier environment for this and future generations; and
WHEREAS, the Rohnert Park City Council wishes to join all other Bay Area cities and counties in promoting
commute alternatives.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
recognize May 15-19, 2006 as California. Bike Commute Week and proclaims May 18, 2006 BQCE-TO-WORK
DAY in Rohnert Park and urges its residents to ride a bicycle or use another alternative to the single occupant
vehicle during this week. faumm '.
1
AT
City Clerk Judy Hauff
DULY AND REGULARLY ADOPTED this 25`h day of April, 2006
Agenda Packet Preparation TIMELINES for Regular City Council Meetings This section for City Clerk Use Only)
held on the 2d & 4`s Tuesdays of each month:
• Resolutions (other than standard formats for authorizations and approvals), Ordinances Council: X
& Agreements to Assistant City Attorney via email to review for "approvals as to form" Miscellaneous
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates Communications
• Agenda Items with related attachments via email to City Clerk DUE no later than Agenda
NOON Two (2) Fridays prior to Council meeting dates Copy to:
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk Copy to:
no later than Tuesday mornings One (1) week prior to Council. meeting dates FOR RESO. NO.
• Agenda Packets distributed to City Council and Agendas posted/distributed/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for a 0to cum ��
compliance with Rohnert Park Munimal Code Section 2.08.050
. CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
Department: 'Finance
Submitted By: Sandy Lipitz, Director of Administration Services
Submittal Date: April 3, 2006
Agenda Title: Resolution Adopting Investment Policy for Idle Funds
Requested Council Action: Approve Resolution
Summary:
In accordance with Government Code Section 53646, cities may annually render to the legislative
body of that local agency and any oversight committee of that local agency a statement of
investment policy, which the legislative body of the local agency shall consider at a public meeting.
Any change in the policy shall also be considered by the legislative body of the local agency at a
public meeting.
Since there have been no significant changes in the investment options or idle funds, staff is
recommending that the investment policy from the prior fiscal year remain' in place, with the
reporting deadline requirement as outlined in Exhibit "A" attached.
Enclosures: Resolution & Exhibit "A Investment Policy
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: >0 Consent Item () Regular Time
Approval () Public Hearing Required
( ) Not Recommended () Submitted with Comment
00 Policy Determination by Council .
( ) City Comments: M/o
CityManager's Signature: Date: (�
City Manager Pro Te a Daniel Schwarz IJH-s:05-b
RESOLUTION NO. 2006-105
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING INVESTMENT POLICY FOR IDLE FUNDS
BE IT RESOLVED, by the Council of the City of Rohnert Park
that the Investment Policy for Idle Funds as presented by,the
City Treasurer to conform -to State law as described in exhibit
"A" attached hereto is hereby approved and adopted.
DULY AND REGULARLY ADOPTED this 25th day of April 2006.
CITY OF ROHNERT PARK
------------------------
Mayor Tim Smith
ATTEST
-----------------------
City Clerk
EXHIBIT "A"
CITY OF ROHNERT PARK
INVESTMENT POLICY FOR IDLE FUNDS
The City has a fiduciary responsibility to maximize the productive
use of assets entrusted to its care and to invest and manage those
public funds wisely and prudently, therefore, as. a general law
city, the City of Rohnert Park operates its pooled idle cash
position under a prudent man's rule. This affords the City a broad
spectrum of investment opportunities so long as the investment is
deemed prudent and is allowable under current legislation of the
State of California Government Code and the local ordinances of the
City of Rohnert Park.
In addition, the City recognizes that it has an equal obligation to
be aware of the social and political impacts of its investments,
and subsequently to act responsibly in making its financial
decisions.
.The City shall not knowingly make any investments in any
institution, company, corporation, subsidiary or affiliate that
practices or supports directly or indirectly through its actions
discrimination on the basis of race, religion, color, creed,
national or ethnic origin, age, sex, sexual preference, or physical
disability.
The City shall strive to make investments that benefit the local
area and are consistent with municipal plans and policies.
Priority should be given to investments that promote community
economic development, i.e. doing business with local' banks provided
that the criteria for safety, liquidity and yield are met.
The City of Rohnert Park shall strive to maintain the level of
investment of all idle funds as near 100% as. possible, through
daily and projected cash flow determinations. Idle cash management
and investment transactions are the responsibility of the Finance
Department and investments are made in the following media:
* Local Agency Investment Fund (L.A.I.F.) demand deposits
* Sonoma County Investment Pool(S.C.I.P.)
* Securities of the U.S. Government or its agencies
* Certificates of Deposits (or Time Deposits), placed with
commercial banks, savings and loan companies, thrift and
loan companies and credit unions.
* Negotiable Certificates of Deposit
* Bankers Acceptances
* Commercial.Paper
* Passbook Savings Account demand deposits
* Mutual Funds (dollar for dollar only, no principal
fluctuation); funds invested in U.S. Government securities
only..
Criteria for selecting investments, and the order of priority, are:
1. Safety
2. Liquidity
3. Yield
Government and agency paper, and repurchase agreements, are the
highest quality investments available in terms of safety and
liquidity. Certificates of deposits, savings accounts and bankers
acceptances are insured or collateralized.
Investment Policy - Page 2
Most investments are highly liquid, with the exception of
collateralized certificates of deposits held by banks, savings and
loans, thrift and loans, and credit unions. Maturities shall be
selected to anticipate cash needs, thereby avoiding the need for
forced liquidation.
The City shall attempt to obtain the highest yield obtainable when
selecting investments, provided that criteria for safety and
liquidity are not compromised.
The City shall attempt to stagger its maturities to meet
anticipated cash needs in such a way that new investment money can
be placed in maturities that carry a higher rate than is available
in the extremely short market of thirty days or under.
The City shall lengthen its maturities when rates are falling and
shorten maturities when rates are rising. The City shall attempt
to take advantage of imperfections in the market where, a security's
price is out of line with other investments, and 'try to improve
yields during contracyclical changes in interest rates through the
purchase of occasional odd lots that are offered at bargain prices.
Investment Policy - Page 3
The basic premise underlying the City's investment philosophy is to
ensure that money is always safe and available when needed and at
the same time reaping the highest and best, rate of return on the
City's idle funds.
The City Treasurer shall issue monthly Treasurer Reports (Cash
Reports) that contain the following information:
1.
Par and market value
of investments.
2.
Disclosure of source
of market valuation.
3.
Disclosure stating compliance with investment
policy
4.
Disclosure stating
ability, to meet
expenditure
requirements for the
following six months.
S.
The reports shall be
prepared within 30 days
after the end
of the month being
reported. on pursuant
to California
Government Code Section 536.46.
CITY OF ROHNERT PARK
Sandra M. Lipitz
City Treasurer
April 2006
Investment Policy - Page 4
I
Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Oily)
held on the 2nd & 4`s Tuesdays of each month: Council: X
o Resolutions (other than standard formats for authorizations and approvals), Ordinances Miscellaneous'
& Agreements to Assistant City Attorney via email to review for "approvals as to form" Communications
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates A enda as o 6 /e&
• Agenda Items with related attachments via email to City Clerk DUE no later than Copy to:
NOON Two (2) Fridays prior to Council meeting dates Copy to:
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk
no later than Tuesday mornings One (1) week prior to Council meeting dates FOR RESO. NO.
• Agenda Packets distributed to City Council and Agendas posted/distributed/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for Z o o / / 0
comvliance with Rohnert Park Municival Code Section 2.08.050 �O 40
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
Department: Building Department
Submitted By: Angie Smith, Purchasing Agent
Submittal Date: April 13, 2006
Agenda Title: Agreement for Document Scanning Services
Requested Council Action: Pass Resolution Approving the Agreement for Document Scanning
Services with Peelle Technologies
Summary: The Building Department is requesting services for scanning and indexing of the
department's small and large format documents to import into the Laserfiche system. Staff
researched what companies can provide this service and concluded that Peelle Technologies of
Campbell, California have the ability to scan said documents for import into the Laserfiche
system which the City currently uses.
This service will allow the department to have all documents available for reviewing on the
laserfiche system. This will provide much needed space from having to keep all of these
documents on site for review.
Therefore, it is staff recommendation to approve said agreement for document scanning services,
from Peelle Technologies of Campbell, California in the amount of $8,750.00
Enclosures: Resolution
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: WConsent Item () Regular Time
Approval '( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
City Manager's Signature:04$/ Date:
City Manager Pro Tempore D• el Schwarz JH -s:05 -b
RESOLUTION NO. 2006-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE AGREEMENT WITH PEELLE TECHNOLOGIES
FOR DOCUMENT SCANNING SERVICES
WHEREAS, the Building Department, has budgeted funds for document scanning
services, and;
WHEREAS, said document scanning will import documents into the City's laserfiche
system; and
WHEREAS, said services to be provided by Peelle Technologies, of Campbell,
California,. and;
WHEREAS, the total cost for said services is $8,750.00; and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the agreement for document scanning services
from the following most responsive bidder, compatibility and other factors considered, to wit:
Contractor Name Contract Total
Peelle Technologies $8,750.00
Campbell, CA
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY. ADOPTED this 25th day of April, 2006.
CITY OF ROHNERT PARI{
Mayor Tim Smith
ATTEST:
City Clerk
AGREEMENT FOR SERVICES
This Agreement is made and entered into this 25th day of April, 2006, by and between the
City of Rohnert Park, hereinafter referred to as the "City," and Peelle Technologies, hereinafter
referred to as the "Consultant."
WHEREAS; the City requires document scanning services; and
WHEREAS; the Consultant is qualified and experienced to provide: such services; and
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows.
1. SCOPE OF WORK. Consultant shall perform services as described in the attached
Exhibit "A" within the time frames stated therein.
2. COORDINATION. Consultant shall assign a representative, to personally
participate in said project and to coordinate the activities of the Consultant.
COMPENSATION.
A City shall pay Consultant as compensation in full for such services the lump
sum of $8,750.00.
B. Consultant shall. submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the. invoice by. City.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current.fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
TO CITY: BUILDING DEPARTMENT
CITY OF ROHNERT PARK
P.O. BOX 1489
ROHNERT.PARK, CA 94927
TO CONSULTANT: PEELLE TECHNOLOGIES
197 EAST HAMILTON AVENUE
CAMPBELL, CA 95008
and when so addressed, shall be deemed given upon deposit in the -United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant. to secure City's written authorization for
extra or changed work shall constitute a waiver of any and .all right to adjustment in the contract
price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done
without the appropriate City authorization_
7. CTTY'S RIGHT TO TERMINATE(SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the terms
ofthis Agreement.
8. CORRECTION OF WORK: The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or
as otherwise. agreed upon between the Consultant and the City. In such event, compensation as set
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain. adequate records of
contract performance costs, expenses, etc., and make these records available for inspection, audit,
and copying by the City during the agreement period and for a period of three (3) years from the
date of final payment.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT. The Agreement shall not be assigned by the. Consultant in whole
or in part, without the written consent. of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting. liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount ortype of damages or compensation payable by or ,for Consultant under
Worker's Compensation, disability or other employee" benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement. .
14. INSURANCE. Without limiting Consultant's indemnification provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current AM. Bests rating of no less than A:VII or
its equivalent against injury/death to persons or damage to property which may arise from or in
connection with the activities hereunder of Consultant, its agents, employees or subcontractors-
A- Comprehensive or Commercial General Liability Insurance at least as broad
as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001),
in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse
risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project or the general aggregate shall be twice the required occurrence
limit. Said policy shall contain, or be endorsed with, the following provisions:
(1) The City, its officers, employees and agents, are covered as insureds for liability
arising out of the operations performed by or on behalf of Consultant. The coverage. shall contain
no special limitations on the scope of protection afforded to the City, its officers, agents and
employees.
(2) The, policy shall not be canceled or materially reduced in coverage without thirty
(30) days prior written notice (10 days for non-payment of.premium) to City by certified mail.
(3) The inclusion of more.than one insured shall not operate to impair the rights of.
one insured against another insured, and the coverage afforded shall apply as though separate
policies had been issued to. each insured,'but the inclusion of more than one insured shall not operate
to increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary coverage
to the City, and any insurance or self-insurance programs maintained by the City is excess to
Consultant's insurance and will not be called upon to contribute with it.
3
(5) Any failure to comply with reporting or other provisions of the parties, including
breach of warranties, shall not affect coverage provided to City, its officers, employees and agents.
B. Automobile liability insurance with coverage at least as broad as ISO Form
numbers CA 0001 06 92, Code I (any auto), for vehicles used in the performance of this Agreement
with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL).
Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or
materially reduced in coverage without thirty (30) days prior written notice (10 days for non-
payment of premium) to City by certified mail.
C. Worker's Compensation insurance meeting statutory limits of Labor Code which
policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers,
agents, and employees and provide for thirty (30) days prior written notice to City in the event- of
cancellation. If Consultant has no employees, Consultant may sign and file the following
certification in lieu of insurance:
'I am aware of the provisions of California Labor Code Section 3700
which requires every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with the
provisions of that code before commencing with and during the
per of the work of this contract. "
D. Professional liability insurancelerrors and omission coverage in. an amount no
less than $1,000,000.00 combined single limit (CSL). If insurance is written on a claim -made basis,
Consultant agrees to maintain such insurance in effect for at least three (3) years following
completion of performance under this Agreement.
E.. Consultant shall furnish City with certificates and original endorsements
affecting the required coverage prior to execution of this Agreement by City. The endorsements
shall be on forms provided by City'or as approved by City Attorney. Any deductible or self-insured
retention over $100,000.00 shall be disclosed to.and approved by City. If Consultant does not keep
all required insurance policies in full force and effect, City may, in addition to other remedies under
this Agreement, take out the necessary insurance, and Consultant agrees to pay the cost of said
insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in rendering services under this Agreement. Consultant agrees that the acceptance of his
work by City shall not operate as a waiver or release of said obligation of Consultant. The absence,
omission, or failure to include in this Agreement, items which are normally considered to be a part
of generally accepted professional procedure or which involve professional judgment shall not be
used as a basis for submission of inadequate work or incomplete performance.
16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid, or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or resulting from the award or malting this
Agreement. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
17. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would. conflict in any manner or degree
with the performance of its services . hereunder. Consultant further covenants that in the
performance of this Agreement; no person having any such interest shall be employed.
18. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform. Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
kohnert Park disclosing Consultant and/or such other person's financial interests.
19. MERGER This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
20. DEFAULT: If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of. this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
21- NO WAIVER OF BREACH: TRAE. The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
22. TI-ERD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23.. ATTORNEY FEES, APPLICABLE LAW AND FORiJM. In the event either parry
brings an action or proceeding .for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be. construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried. in the County of Sonoma.
5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK
Stephen R Donley, City Manager (Date)
Per Resolution No. 2006- 106 adopted
by the City Council on April 25, 2006
ATTEST:
City Clerk
APPROVED AS TO FORINT:
ist City Attorney Gabrielle P. Whelan
CONSULTANT: PEELLE TECHNOLOGIES
By:
(Nam&Tide) (Elate)
By:
(NameTitk) Pak)
7
11EXI .l I "All
SCOPE OF WORK
8
dllJ Peelle
TECHNOLOGIES
Document Scanning Services
Included is a fee schedule for the scanning and indexing of the Building Department's small and
large -format documents for import into the Laserfiche system. The flee schedule is based upon
the following description of work:
Method of Shipment Via Peelle truck.
DoeuMe t Preparation: The City will be responsible for document preparation to
include l) the removal of all pages that do not require scanning and 2) the placement of a
pre-printed barcode label in the lower, right-hand corner of the first page of each
document/plan set to be scanned. Peelle will be responsible for removing page fasteners
(staples, paper clips etc.). Fastener replacement is not required.
■ Scanning. All pages/sheets will be scanned at a 200 DPI resolution to a single -page, G4
TIFF file format.
a Indexing=_: The City will provide standard commatquote delimited data files for each of
the record types (those associated with the permit table and those associated with the
parcel table) containing the barcode ID# and the related PTWin-based index information
for each document submitted. The data files will be in the following format:
Permit Table Documents
Field Names
Permit Number,Address,Parcel #,Address Number,Street Name,Street
Type,Extension,Bar Code Numbers,Scan Ref. Date,Plan Sheets
Totai,Comments/Address,Range of Addresses?,Subdivision,Exp Permit
Sample Record
"BP200"00 i C","5265 Evonne Ave"," 143 860 017.
000","5265 ","Evonne","Ave",""," 100001 A1100002B1 100003E1100052G","07/30/05
","6",'5200 Evonne Ave","True","",yes"
Parcel Table Documents
Field Names
Address,Parcel #,Address Number,Street Name,Street Type,Extension,Bar Code,Scan
Ref.Date,Plan pages,Range of Addresses?,Subdivision
SSgMple Record
"1718-1728 East Cotati Ave","047 500 015"," 1718-1728","East
Cotati","Ave". ","000021X(I32B)[1722]1000036P(99-
568)[ 1722]100025L(14854)[ 1728A]1000047(8854)[ 17281"," 12/22/05",' -,"True",""
The image files will'be indexed by Permit Number (if applicable), Parcel #, Address
Number, Street Name + Type, Document Type, Scan Date and Subdivision. A value of
"yes" in the Permit Table "EXP Permit" field will cause an "EXP-" prefix to be added
to the related permit number.
Continued
Campbell P Sacramento a Reno
www.PeelleTech.com
I
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a duly
authorized representative of the firm of
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other .than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee, .
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out -the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
MAMEMA
9
Agenda Packet Preparation TIMELINES for Regular City Council MeetingsOnly}.
held on the 2d & 4h Tuesdays of each month: Council: X
• Resolutions (other than standard formats for authorizations and approvals), Ordinances Miscellaneous
& Agreements to Assistant City Attorney via email to review for "approvals as to form" Communications
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates A gends
• Agenda Items with related attachments via email to City Clerk DUE no later than Copy to: �n
NOON Two (2) Fridays prior to Council meeting dates Copy to:
• Agenda Draft review by Mayor, City Manager, Assistant City.Attorney, City Clerk
no later than Tuesday mornings One (1) week., prior to Council meeting dates FOR RESO. NO.
• Agenda Packets distributed to City Council and Agendas posted/distnbuted/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for /0
compliance with Rohnert Park Mumcwal Code Section 2.08.050 7
CITY OF ROHNERT PARD
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
Department: Engineering,
Submitted By: Darrin Jenkins, P.E., City Engineer/Public Works Director
Submittal Date: April 10, 2006
Agenda Title: Amendment No. 2 to Task Order 2004-14 between the City of Rohnert
Park and Winzler & Kelly Consulting Engineers for Engineering Services
Associated with the Design of the Eastside Trunk Sewer (City Project No.
2004-5)
Requested Action: Approve Resolution amending Task Order 2004-14 to include design of
Snyder Lane Widening
Summary:
The City's Public Facilities Financing Plan calls for the construction of new Eastside Trunk Sewer to
serve planned eastside developments. A portion of the Eastside Trunk Sewer will be constructed in
Snyder Lane_ between Southwest Boulevard and Rohnert Park Expressway. The Public. Facilities
Financing Plan calls for the widening of this portion of Snyder Lane to 4 lanes. In an,effort to minimize
construction disruption in this area, staff would like to construct the Eastside Trunk Sewer and the Snyder
Lane Widening from Southwest Boulevard to Jasmine Circle.as one project.
The attached proposed task order amendment authorizes Winzler & Kelly to proceed with the
development of construction documents including plans, specifications, environmental review and
permitting, project management and right-of-way assistance for the Snyder Lane Widening. The design
work will be funded using Public Facilities Financing Plan fees already collected from infill development.
Enclosures:
Resolution
Amendment No. 2 to Task Order 2004-14
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION:k4-Consent Item () Regular Time
00 Approval O Public Hearing Required -
( ) Not Recommended () Submitted with Comment
( ) Policy Determination by Council
( ) City Comments: C�
Ci tyMana ees Signature: Date: �6
City Manager Pro Tempor rel Schwarz
RESOLUTION NO. 2000-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AMENDMENT NO. 2 TO TASK ORDER 2004-14
WTI H
WINZLER & KELLY CONSULTING ENGINEERS
FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF THE
EASTSIDE TRUNK SEWER (CITY PROJECT NO. 2004-05)
WHEREAS, Winzler & Kelly will provide supplemental engineering and environmental
services for the Snyder Lane & Bridge Widening, from Southwest Boulevard to Jasmine Circle, as
part of the City of.Rohnert Park Eastside Trunk Sewer Project.
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve Amendment No. 2 to Task Order No. 2004-14 by and between Winzler &
Felly Consulting Engineers, a California Corporation, and the City of Rohnert Park, a municipal
corporation, for design services associated with the Eastside Trunk Sewer (City Project No.
2004-05).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on behalf
of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 25'h day of April, 2006.
CITY OF ROHNERT PARK
Mayor Tim Smith
ATTEST:
City Clerk
JH -S:05 -f
AMENDMENT No. 2 to
TASK ORDER NO. 2004-14,
CITY OF ROHNERT PARK
AND
WINZLER & KELLY
AUTHORIZATION OF PROFESSIONAL SERVICES TO
PROVIDE DESIGN SERVICES ASSOCIATED WITH THE EASTSIDE TRUNK SEWER -
. SNYDER LANE & BRIDGE WIDENING (CITY PROJECT NO. 2004-05)
SECTION 1- PURPOSE
The purpose of this Task Order is to authorize and direct Winzler & Kelly to proceed
with the work specified in Section 2 below in accordance with the provisions of the
AGREEMENT between the City of Rohnert Park ("City") and Winzler & Kelly ("Consultant")
hereto dated August 9, 2005.
SECTION 2 — SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment A — Scope of
Services and consists of tasks necessary to complete the design and permitting of the Snyder
Lane & Bridge Widening as part of the Eastside Sewer Trunk Project.
SECTION 3 — COMPENSATION AND PAYMENT
Compensation shall be as provided in the AGREEMENT between the parties heretofore
referenced in SECTION 1 above. The total costfor services as set forth in SECTION 2 shall be
actual costs (time and materials) based on Consultants' standard labor.charge.
SECTION 4 — TIME OF PERFORMANCE
The work described in SECTION 2 is anticipated to be complete by early summer 2006.
SECTION 5 — ITEMS AND CONDITIONS
All items and conditions contained in the AGREEMENT for professional services
between City and Consultant are incorporated by reference.
Approved this 25h day of April, 2006.
CITY OF ROHNERT PARK
Stephen R. Donley, City Manager (Date)
Per Resolution No. 2006-107 adopted
by the City Council on April 25, 2006
WINZLER & KELLY ENGINEERS
Marc Solomon, Region Manager (Date)
ATTACHMENT "A"
Eastside Trunk Sewer Scope of Services —Amendment 2 �w i3�ZLER�_E�ELLY
C Q F a U L".. F N O I a F F a 3
Snyder Lane & Bridge Widening
CITY OF ROHNERT PARD
EASTSIDE TRUNK SEWER SCOPE OF SERVICES — AMENDMENT 2
SNYDER LANE & BRIDGE WIDENING
Winzler & Kelly will provide supplemental engineering and environmental services for the
Snyder Lane & Bridge Widening, from Southwest Boulevard to Jasmine Circle, as a part of the
City of Rohnert Park Eastside Trunk Sewer Project. The following outlines the additional
services associated with the work:
Task 1— CEQA Documents:
Initial Study/Mitigated Negative Declaration
Based on the proposed road and bridge widening features and impacts, Winzler & Kelly will
append the proposed Initial Study/Mitigated Negative Declaration (IS/MND) for the Eastside
Trunk Sewer Project to address these proposed elements.
• The widening of Snyder Lane and Bridge between Southwest Boulevard and Jasmine
Circle at the eastern extent of the project.
Task 2 — Permitting:
Environmental Permit Identification
• Winzler & Kelly will include the additional impacts of the bridge widening in the permit
applications to the effected regulatory agencies.
Task 3 — Geotechnical Investigation:
Consultant will retain the services of DCM/Joyal Engineering to perform geotechnical
investigations supplemental to the Trunk Sewer and Phase I geotechnical investigations
performed previously for the original scope. The supplemental geotechnical investigation
will include up to 4 additional soil borings and recommendations regarding liquefaction
potential, differential settlement, values for bridge footing design, values for retaining wall
design and R -values for pavement design. This effort will primarily focus on the area east of
Snyder Lane adjacent to the Rancho Cotate Senior High School and the Copeland Creek
Crossing where the bridge work will be required.
2. Consultant will review the finding of the geotechnical report and develop strategies for
implementing the recommendations. Areas requiring significant effort are pavement design,
slope retention and bridge footing design.
1 of 3
ATTACHMENT "A"
Eastside Trunk Sewer Scope of Services — Amendment 2 �.x%ir,zR3 y
C O N B O L I I N O E N O t n E E P 9
Snyder Lane & Bridge Widening
Task 4 — Easement(s) — Temporary Construction Easement (TCE):
1. Consultant will obtain Title Reports for the following parcel(s):
• Rancho Cotate Senior High School Parcel
2. Consultant will perform field surveys to locate property boundary markers for the above
property.
3. Consultant will prepare and submit draft TCE description for review by owner and City.
Comments will be addressed by Consultant before submitting final TCE for signature by
owner and distribution to City.
4. Consultant will provide TCE acquisition assistance. Assistance will include evaluating
alternatives, preparing exhibits, assisting with negotiations with owner and attending a
coordination meeting. If required, as an optional service, the Consultant will have the
properties appraised, negotiate with the property owners, and.provide services to obtain the
TCE.
5. A permanent easement is not anticipated.
Task 5 - Supplemental Surveys
1 Consultant will prepare supplemental field surveys to support preparation of the contract
drawings. The proposed supplemental coverage area is a swath approximately 50 feet wide
and generally beyond the existing right of way along the east side of Snyder Lane, from
Rancho Cotate Senior High School to Rohnert Park Expressway.
2. Consultant will survey mark outs made by utility locator and utility potholes.
Task b — Construction Documents:
Task includes incremental additional effort related to the Snyder bane and Bridge
Widening project work associated with the following subtasks:
1. Consultant will prepare plans and specifications suitable for public bid.
2. Plans will detail the work to be completed including temporary facilities, abandonment and
demolition of existing facilities, plan and profile drawings for new pipelines, tunnel design,
utility relocation design, construction details and conceptual traffic control plans showing
allowable lane closures, work area, and detours. Drawings will be prepared using AutoCAD
Version 2006 software and formatted for 11" x 1 T' and 22" x 34" sheets. Consultant will
utilize City standard details where applicable. Consultant will use its own drafting standards.
2 of 3
ATTACHMENT "A"
Eastside Trunk Sewer Scope of Services — Amendment 2 V L T I . 0 � . I e
' � V N S V L T I N G F -N G l N[ E P'6
Snyder Lane c& Bridge Mdening
3. Specifications will establish the minimum level of quality acceptable including relevant
reference standards, allowable materials and construction methods, and testing procedures
and acceptance requirements. Consultant will also provide editing of the City's standard bid
and contract forms to meet funding agency requirements and the specifics of the project.
Specifications and other documents will be prepared using Microsoft Word 2000 software in
CSI format.
4. An estimate of probable construction cost will be provided with a detailed breakdown of
material and labor costs organized by specification section, with a separate summary in the
same format as the bid schedule.
5. Consultant shall develop the storm water pollution prevention plan as a base plan for the
contractor's use during construction. A Notice of Intent will be prepared for the City's
signature and submittal to the Regional Board.
6. A Progress Submittal will be made at an approximate 35% level of completion. Formal
design submittals will be provided at the 90% and Final design levels. Review comments
from the 90% submittal will be addressed and a Final design will be prepared for back -check
review by the City. The City will receive six copies of the design submittals, with half-size
(11" x 17") drawings.
7. Consultant will provide quality assurance and quality control review of each design submittal
before submitting to the City.
3 of 3
CE
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2d & 4`s Tuesdays of each month:
• Resolutions (other than standard formats for authorizations and approvals), Ordinances
& Agreements to Assistant City Attorney via email to review for "approvals as to form"
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates
e Agenda Items with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
• Agenda Draft review by Mayor, City. Manager, Assistant City Attorney, City Clerk
no later than Tuesday mornings One (1) week prior to Council meeting dates
• Agenda Packets distributed to City Council and Agendas posted/distributed/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for
comvliance with Rohnert Park Municipal Code Section 2.08.050
This section for Ci Clerk Use nly}
Council: X
Miscellaneous
Communications
.Agenda ` 25
Copy to:
copy to: Zj
FOR RESO. NO. .
4200(i ) Dg
CITY OF ROITNERT PARI
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
Department: Engineering/Public, Works
Submitted By: Darrin Jenkins, City Engineer/Public Works Director
Submittal Date: April 11, 2006
Agenda Title: Reconsideration of Restructured Agreement for Water Supply
Requested Council Action:
Adopt a resolution approving the proposed and revised Restructured Agreement for Water
Supply with the Sonoma County Water Agency.
Summary: The Sonoma County Water Agency entered into the Eleventh Amended Agreement
for Water Supply with Rohnert Park and seven other contractors in January 2001. Shortly
thereafter, the Water Agency and the contractors began negotiations on amendments to that
agreement. The result of the negotiations is the proposed Restructured Agreement for Water
Supply. On .June 27, 2005 the Water Advisory Committee of the Water Agency contractors
voted to take the proposed Restructured Agreement to their respective governing bodies for
consideration. On July 26, 2005, the Rohnert Park City Council passed a resolution approving
the then proposed Restructured Agreement. Unfortunately, North Marin Water District and the
Town of Windsor both balked at provisions relating to the PG&E owned Potter Valley Project.
The attached agreement was revised to . address those agencies' concerns relating to the Potter
Valley Project.
Enclosures: Resolution, Notice of Exemption, Restructured Agreement
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: - 'Consent Item ( ) Regular Time
0 Approval () Public Hearing Required
( ) Not Recommended () Submitted. with Comment
( ) Policy Determination by Council
( ) City Comments:
0n
City Manager's Signature: Date: !/ 6
City Man ag Pro TeinVllaniel Schwarz
✓� G
RESOLUTION NO. 2006-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A RESTRUCTURED AGREEMENT FOR WATER SUPPLY WITH THE
SONOMA COUNTY WATER AGENCY AND OTHER WATER CONTRACTORS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID DOCUMENT
ON BEHALF OF THE CITY OF ROHNERT PARK
WHEREAS, the City of Rohnert Park purchases water from the Sonoma County Water
Agency under the terms of the Agreement for Water Supply and Construction of Russian River -
Cotati Intertie Project dated October 25, 1974 and last amended January 26, 2001 ("Eleventh
Amended Agreement");
WHEREAS, the City of Rohnert Park, along with other signatories to the Eleventh
Amended Agreement developed a new water supply agreement to replace the Eleventh Amended
Agreement that would include other water -related provisions not addressed in the Eleventh
Amended Agreement, said new agreement being the Restructured Agreement. for Water Supply
(hereinafter referred to as the Restructured Agreement); and
WHEREAS, the Restructured Agreement provides funding mechanisms to assist the
Agency to meet its obligations under the federal Endangered Species Act and other
environmental laws and to develop fishery mitigation, enhancement, and environmental
compliance activities and projects, recycled water projects that will reduce potable water use,
and local water supply projects; and
WHEREAS, the Restructured Agreement provides a funding mechanism for and will
encourage the development of water conservation programs by the Water Contractors and by
other Agency customers; and
WHEREAS, City staff have reviewed the Restructured Agreement and have determined
that it is exempt from the California Environmental Quality Act (CEQA) pursuant to the
California Code of Regulations (Section 15061(b)(3)) because it can be seen with certainty that
there is no possibility that.approval of the Restructured Agreement may have a significant effect
on the environment, for the reasons set forth in the Notice of Exemption; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby finds, determines,. and declares as follow:
The foregoing recitals are true and correct.
2. Approval of the Restructured Agreement is exempt from CEQA pursuant to the
California Code of Regulations (Section 15061(b)(3)) because it can be seen with
certainty that there is no possibility that such approval will have a significant
effect on the environment.
BE IT FURTHER RESOLVED that the City Council hereby approves the Restructured
Agreement for Water Supply in substantially similar form to the attached agreement and
authorizes the Mayor to execute said document on behalf of the City of Rohnert Park.
IT 1S HEREBY CERTIFIED that the foregoing resolution was duly introduced and
legally adopted by the foIIowing vote at a regular meeting of the City Council of the City of
Rohnert Park held on the 25h day of April, 2006.
Approved:
Attest:
City Clerk
Mayor Tim Smith
NOTICE OF EXEMPTION
To: Office of Planning & Research
1400 Teeth Street, Room 121
Sacramento, CA 95814
X County Clerk
County of Sonoma
Santa Rosa, CA 95401
Project Title: Restructured Agreement for Water Supply
Project Location : Sonoma and Marin counties
From
SONOMA COUNTY WATER AGENCY
404 Aviation Boulevard
Santa Rosa, CA 95403
Description of Project: The Restructured Agreement for Water Supply (Restructured Agreement) revises and supersedes
the Eleventh Amended Agreement for Water Supply between the Sonoma County Water Agency (SCWA) and its
contractors (City of Cotati, City of Petaluma, City of Rohnert Park, City of Santa Rosa, City of Sonoma, Forestville_ Water
District, North Marin Water District, Valley of the Moon Water District, and the Town of Windsor). The revisions include:
adding Windsor and removing Forestville as a water contractor; deleting language pertaining to revenue bonds thai have
been paid off, including funding mechanisms to assist SCWA with meeting.its obligations under the federal Endangered
Species Act and other environmental'laws and to develop fishery mitigation, enhancement, and environmental compliance
activities and projects; allowing contractors to voluntarily transfer entitlements on a temporary basis, subject to certain .
conditions; funding mechanisms and changes to language governing allocations during periods of shortage to encourage the
development of water conservation programs; and including a requirement that SCWA's,contractors use their best efforts
over the next ten years to implement recycled water and local supply projects that will reduce their collective demand on
SCWA's transmission system by 7,500 acre-feet per year.
Name of Public Agency Approving Project: Sonoma County Water Agency
Name of Person or Agency Carrying Out Project: Sonoma County Water Agency
Exempt Status: California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3)
Reasons why project is exempt:
There is no possibility that the Restructured Agreement would result in a significant effect on the environment; because it
does not change the entitlements of any water contractor or customer, or result in any increases in water deliveries, or
permit SCWA to construct any new facilities for water delivery, but rather consists of technical amendments and the
creation of funding mechanisms that do not involve any commitment to specific projects.
Lead Agency Contact Person: Amy Harris Mai Area Code/Telephone: 707-547-1958
Signature: Original Signed Date: 08/17/05 Title: General Manager/ Chief Engineer
X Lead Agency Applicant
Date Received for filing at OPR:
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
by and between
SONOMA COUNTY WATER AGENCY
CITY OF COTATI
CITY OF PETALUMA
CITY OF ROHNERT PARK
CITY OF SANTA ROSA
CITY OF SONOMA
FORESTVILLE WATER DISTRICT
NORTH MARIN WATER DISTRICT
VALLEY OF THE MOON WATER DISTRICT
TOWN OF WINDSOR
TABLE OF CONTENTS
PART] -GENERAL .................................................. 1
1.1 Recital of Purposes .................................................. 1
1.2 Definitions.........................................................1
1.3 Term of Agreement .................................... . .............9
1.4 Previous Agreements Terminated or Modified .......................... 9
1.5 Enforcement......................................................10
1.6 Amendments ..... ...............................................11
1.7 Pledge of Revenues ................................................. 11
1.8 Books, Records and Accounts
1.9 Water Contractors' Duty to Provide Funds ............................ 13
1.10 Severability.......................................................13
1.11 Third Party Beneficiaries ........................................ 13
1.12 Water Conservation Requirements ................................... 13
1.13 Recycled Water and Local Supply Project Requirements ............... 14
1..14 Transitional Provisions Applicable to Forestville ...................... 15
1.15 Local Production Capacity Goal ...........................:.......... 15
PART 2 - PLANNING, FINANCING, ACQUISITION, CONSTRUCTION, OPERATION
AND MAINTENANCE ................ ............................... 16
2.1 Financing Additions to the Existing Transmission System ............... 16
2.2 Scheduling of Additions and Replacements to the Existing Transmission System
............................ --..................................16
2.3 Further Modifications to Transmission System ......................... 17
2.4 Potter Valley Project ................................................ 18
2.5 Water Conservation Projects ......................................... 20
2.6 Recycled Water and Local Supply Projects ............................ 20
2.7 Water Management Planning ....................................... 20
2.8 Watershed Planning and Restoration ................................ 21
2.9 Planning Coordination .................:........................... 22
2.10 Operation and Maintenance ......................................... 22
PART 3 - WATER SUPPLY ..................................................... 23
3.1 Delivery. Entitlements of Water Contractors ........................... 23
3.2 Conditions on Other Agency Customer Deliveries ..................... 25
3.3 Deliveries in Excess of Entitlement Limits ............................. 26
3.4 Surplus Water.....................................................28
3.5. Shortage of Water and Apportionment ..... ; ......................... 29
3.6 Fire Fighting Service ................................... ........... 34
3.7 Quality of Water....................................................35
3.8 Points of Delivery ......... ..:....... 35
3.9 Risk of Loss and Responsibility ...........:............................ 35
3.10 Place of Use of Water Delivered to North Mari . ....................... 35
3.11 Measurement..................................................... 36
3.12 Marin Municipal Water Deliveries ................................. .... 36
3.13 Damages for Peaking on the Transmission System or Taking Water in Excess
of Average Daily Rate of Flow Entitlement Limits in Violation of Section
3.3..........................................................:..37
PART 4 - CHARGES AND PAYMENTS ........................................
38
4.1 Separate Charges and Funds ........................................
38
4.2 Operation and Maintenance.Charge ..................................1
39
4.3 Allocation of Capital Costs to North Marin ..........:..................
40'
4.4 Remaining Facility, Additional Facility and Replacement Facility Capital
Cost Payments by North Marin ..............................:....
41
4.5 Payment of Remaining Facilities; Additional Facilities, Replacement
Facilities, and Potter Valley Project Capital Costs ....................
42
4.6 Aqueduct Facilities Capital Charges .... _ ..............................
43
4.7 Storage Facilities Capital Charge ......................................
47
4.8 Common Facilities Capital Charge ...................:.......:...:....
48
4.9 North Marin Capital Charge ..........................................
48
4.10 Power; Revenues ...................................................49
4.11 Payment for Surplus Water and Water Sold To Marin Municipal :.......
50
4.12 Minimum Payments by Other Agency Customers .....................
51
4.13 Operations and Maintenance Charge - Water Management Planning ....
51
4.14 Operations and Maintenance Charge - Watershed Planning and Restoration
...............................................................51
4.15 Operations and Maintenance Charge - Recycled Water and Local Supply
..................................:....:.......................53
4.16 Operations and Maintenance Charge - Water Conservation .............
53
4.17 Payments by Town of Windsor .................:..:.................
54.
4.18 Payment of Russian River Conservation Charge and Russian.River Projects
Charge by North Marin............................................54
4.19 Billing and Time of Payment ........................................
56
PART 5-. Water Advisory Committee/Technical Advisory Comm.ittee .............. 57
5.1 Purpose ....................................... ...................57
5.2 Powers ............. .....................................57
5.3 Composition and Voting ...................................:........ 57
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
THIS AGREEMENT is made on
public entities:
by and between the following
SONOMA COUNTY WATER AGENCY, herein called "Agency",
CITY OF COTATI, herein called "Cotati",
CITY OF PETALUMA, herein called "Petaluma",
CITY OF ROHNERT PARK, herein called " Rohnert Park",
CITY OF SANTA ROSA, herein called "Santa Rosa
CITY OF SONOMA, herein called "Sonoma",
FORESTVILLE WATER DISTRICT, herein called "Forestville",
NORTH MARIN WATER DISTRICT, herein called "North Marin",
VALLEY OF THE MOON WATER DISTRICT, herein called "Valley of the
Moon", and
TOWN OF WINDSOR, herein called "Windsor",
The parties hereto hereby mutually covenant and agree as follows:
PART 1 - GENERAL
1.1 Recital of Purposes
Among the purposes of this Agreement are to provide a water supply or a
supplemental water supply for each of the Water Contractors, to encourage water
conservation and recycled water use that reduces potable water use, to provide
environmental. improvements and enhancements to allow for sustainable and continued
use of Russian River Project water, to encourage the development of local supply
projects to offset potable water use, and to provide for payment to the Agency for water
delivered hereunder sufficient to enable it to pay the capital costs of major replacements
and additions to the Transmission System and to meet its Revenue Bond Obligations
and its expenses of operating and maintaining the Transmission System.
1.2 Definitions
When used herein, unless otherwise distinctly expressed or.manifestly
incompatible with the intent of this Agreement, the terms:
(a) "Acre feet" and "AF" mean one acre-foot. or 325,850 gallons of water.
(b) "Additional Facilities" means the additional facilities that,must be constructed or
acquired after the completion. of the. Russian River-Cotati Intertie in order for the
Agency to be able to make the deliveries authorized by Sections 3.1 and 3.2, including,
but not limited to: an aqueduct generally paralleling the Intertie Aqueduct; an aqueduct
generally paralleling the south part of the Petaluma Aqueduct from the Intertie
Aqueduct to Kastania Reservoir; an aqueduct generally paralleling the Sonoma
Aqueduct; an aqueduct connecting the Kawana Springs and Ralphine reservoirs; the
transmission line pumping plants necessary to regulate flows to Storage Facilities; 55.5
million gallons of reservoir storage; 56.9 mgd of Russian River water production
capacity; water -treatment facilities; and Emergency Wells.
(c) "Aqueduct Facilities" means the pipelines of the Intertie, Petaluma, Santa Rosa and
Sonoma Aqueducts, an additional pipeline to be constructed generally paralleling the
Intertie Aqueduct, a pipeline to be constructed generally paralleling the south part of
I
'-;c Petaluma Aqueduct from the Intertie Aqueduct to Kastania Reservoir, and a
pipeline to be constructed or acquired generally paralleling the Sonoma Aqueduct.
(d) "Capital Cost" means the total funds expended for capital improvements, major
replacements, or portions thereof, as context requires,. including, but not limited to,
planning, engineering, environmental impact analysis, right of way, financial and legal
fees, interest during construction, and materials, construction, and replacement costs.
(e) "Common Facilities" means all Transmission System facilities except Storage
Facilities and Aqueduct Facilities, but including additional facility aqueduct capacity'
constructed specifically to make the deliveries that have been authorized by Section
3.12, and including the Potter Valley Projector portion thereof if acquired pursuant to
Section 2.4.
(f) ".Corporate Territory" means the boundary from time to time existent of a city,
agency, district or other governmental entity with powers to accept and distribute
water.
(g) "Customer" means any of the following customers of the Agency:
(1) "Water Contractor" means a party signatory to this Agreement except the
Agency and Forestville.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 2
(2) "Other Agency Customer" means the Agency, the County of Sonoma,
California -American Water Company (with respect to the Larkfield Water District),
Forestville Water District, Lawdale Mutual Water Company, Kenwood Village Water
Company, Peringrove Water Company, the City'of Sebastopol, the State of California,
and Santa Rosa Junior College.
(3) "Marin Municipal" means the Marin Municipal Water District.
(4) 'Russian River Customer" means any Agency customer within Sonoma
County who has or in the future will have contracts with the Agency to divert or
redivert water directly from the Russian River or Dry Creek without the use of the
Transmission System.
(5) "Reg.ular Customer" means the any of the Water Contractors or the Other
Agency Customers.
kh) "Emergency Wells" means auxiliary groundwater production wells that may be
utilized to provide additional delivery capacity when necessary due to drought,
equipment failure, or other transmission capacity impairment, inability to divert
Russian River Project water (for water quality reasons or otherwise), or any other
reason beyond the control of the Agency.
(i) "Entitlement" means the quantity of water a Regular Customer shall from time to
time require at such rates of flow as are necessary to meet its peak day's demand,
subject to the delivery limitations set forth in Sections 2.2, 3.1, 3.2, and 3.5.
(j) "Entitlement Limits" means the maximum amounts of water the Agency is obligated
to deliver to any Regular Customer from the Transmission System, as specified in
Sections 3.1(a), 3.2(a), 3.2(c), and 3.2(d).
(k) "Fiscal Year" (abbreviated FY) means the period from July 1 through the following
June 30.
(1) "Forestville Aqueduct" means the existing pipeline from the Santa Rosa Aqueduct to
Forestville, the existing booster pumping plant, the existing 300,000 -gallon reservoir,
and all other facilities financed with the proceeds of the sale of Series E of the Agency's
1955 Bonds.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
(m) "Intertie Aqueduct" means the.existing 48 -inch inside diameter pipeline extending
from the Mirabel Park intake facilities on the Russian River to the Petaluma Aqueduct
in the vicinity of Cotati with appurtenances thereto including turnouts to serve
Forestville, Santa Rosa, Cotati and-Rohnert Park. The Intertie Aqueduct consists of
three reaches: "Reach 1" from the Mirabel intake facilities to Forestville, "Reach 2" from
Forestville to the extension of Hall Road and "Reach 3" from the extension of. Hall Road
to the junction with the Petaluma Aqueduct at Cotati. Reach 3 is further.divided into
"Reach 3a" from the extension of Hall Road to Occidental Road, '.'Reach 3b" from
Occidental Road to the Cotati reservoirs and "Reach 3c" from the Cotati reservoirs to the
Petaluma Aqueduct.
(n) "Kawana Pipeline" means the pipeline. connecting the Reach 3a of the Intertie
Aqueduct with Kawana. Springs Reservoirs.
(o) "Local Supply Project" means a -water supply project undertaken by one or more
Water Contractors, which reduces demand on the Transmission System during the
months of June, July, August, or September.
(p) "Marin Municipal" means the Marin Municipal Water District.
(q) "mgd" means a million gallons of water, per day.
(r) "Oakmont Pipeline" means that certain pipeline and appurtenances generally
parallelling the Sonoma Aqueduct .that were constructed by the Agency pursuant
to an agreement between the City of Santa Rosa and Agency dated April 29;
1986.
(s) "Operation and Maintenance Costs'' means. the Agency's costs of operating the
Transmission System including its power costs, costs of..maintaining the Transmission
System in a good state of repair, payments made to the owner of the Potter Valley
Project to insure the continued operation of the Potter Valley Project provided they are
annually approved by the Water Advisory Committee, regardless of whether or not.
such ,payments.result in the ultimate transfer of title to all or part of the Potter Valley
Project to the Agency, and costs of administering the Transmission System and
furnishing the water supplies pursuant to this Agreement; provided, however, that
costs relating to the use of Transmission System facilities for public recreation purposes,
except (1) costs to permit limited passive public recreation on Transmission. System
lands not. in conflict with.operational or water quality requirements, or (2) necessary
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 4
costs associated with land ownership, shall not constitute "Operation and Maintenance
Costs."
(t) "Ordinance No. 1" means Ordinance No. 1 of the Agency adopted on.December 28,
1970, providing for the issuance of the Revenue Bonds, together with any other
ordinances of the Agency supplemental thereto or amend atory'thereof.
(u) "Other Agency Customer" means the Agency, the County of Sonoma, California -
American Water Company (with respect to the Larkfield Water District), Forestville
Water District, Lawndale Mutual Water Company, Kenwood Village Water Company,
Penngrove Water Company, the City of Sebastopol, the State of California, and Santa
.Rosa Junior College.
(v) 'Petaluma Aqueduct" means the existing pipeline and appurtenances, including
turnouts, from the Santa Rosa Aqueduct to Petaluma. The "south part" of the Petaluma
Aqueduct means the portion thereof south of the junction thereof with the Intertie
Aqueduct and the "north part" means the portion north of said junction to Scenic
Avenue.
(w) 'Potter Valley Project" means Federal Energy Regulatory Commission Project No.
77.
(x) 'Recycled Water" means wastewater treated to applicable standards set forth in
Title 22 of the California Code of Regulations, Division 4 Environmental Health, as may
be amended from time to time.
(y) 'Recycled Water and Local Supply Sub -Charge" and "Recycled Water and Local
Supply Fund" mean the sub -charge and fund established by the Agency under Section
4.15.
(z) 'Recycled Water Project" means any programs, projects, or facilities that produce or
deliver recycled water, provided that the recycled water produced or delivered by such
projects or facilities (1) results in a reduction in use of potable water from the
Transmission System, (2) reduces the amount of water diverted from the Russian River
or its tributaries, (3) provides an environmental benefit which increases or avoids
reduction to the water supply or Transmission System capacity available to the Water
Contractors, or reduces the cost of providing such supply or capacity, or (4) assists the
Agency to comply with the federal or state Endangered Species Act or any, other
environmental law or regulation, which compliance is required for the Agency to
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 5
provide the water supply or Transmission System capacity to the Water Contractors as
provided in this Agreement.
(aa) "Regular Customer" means the any of the Water Contractors or the Other Agency
Customers.
(bb) "Remaining Facilities" means those portions of the Russian River-Cotati Interne
authorized to be constructed or acquired by the Tenth Amended Agreement For Water
Supply and Construction of the Russian River-Cotati Intertie Project, dated November
14, 1997, which have not been. constructed or acquired on the effective date of this
Agreement, including, but not limited to, 20 mgd of standby pump and collector
capacity; the Wohler-Forestville pipeline; the Eldridge-Madrone pipeline; Collector No.
6, and the Oakmont Pipeline.
(cc) "Revenue Bond Obligations" means the payment of principal of and interest on the
Revenue Bonds and all other obligations and covenants of the Agency with respect to
the Revenue Bonds, including specifically any covenant to establish and maintain rates
and charges to provide revenue coverage in excess of a specified amount.
(dd) 'Revenue Bonds" means any of the following if issued or entered into for sole
purpose of financing the Capital Cost of Transmission System facilities or other facilities
\ authorized to be constructed, acquired, or funded under this Agreement: (1) all series or
issues of revenue bonds issued pursuant to ordinances and resolutions of the Agency or
of any joint powers authority of which the Agency is a member or (2) any loan
agreement, grant agreement, lease -purchase agreement, certificate of participation
agreement, note, commercial paper, or other debt or financing agreement entered into
by the Agency or by anyjoint powers authority of which the Agency is a member. As
used in this Agreement,, the term "issue Revenue Bonds" includes entering into any of
the agreements set forth in clause (2) of the preceding sentence, and the term "holders of
Revenue Bonds" includes any holders of or counterparties to any such agreements.
(ee) "Russian River Conservation Charge" means the charge established in Subsection
(a) of Section 4.18 of this Agreement.
(ff) "Russian River-Cotati Intertie" means the Intertie Aqueduct and associated intake
facilities on the Russian River, including the diversion dam, intake works, infiltration
ponds, collectors, water treatment facilities, groundwater, wells having a minimum
production capacity of 7 mgd, a Russian River. water quality monitoring system,
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 1 6
pumps, telemetry equipment and related buildings and appurtenances, and associated
storage facilities.
(gg) 'Russian River Customer" means any Agency customer within Sonoma -County
who has or in the future will have contracts with the Agency to divert or redivert water
directly from the Russian River or Dry Creek without the use of the Transmission
System,.
(hh) "Russian River Project" means Coyote Valley Dam/Lake Mendocino on the
Russian River, Warm Springs Dam/Lake Sonoma on Dry Creek, and related works as
contemplated by House Document Number 585, 81st Congress, 2nd Session, House
Document Number 547, Eighty -Seventh Congress, Agency Board of Directors
Resolutions No. 6847 adopted May 24, 1955, No. 7798. adopted September 27, 1955, No.
DR00793-1 adopted September 25, 1961 and Resolution No. DR68485 adopted
December 23, 1980, or any agreement between the Agency and the United States related
to Coyote Valley Dam or Warm Springs Dam.
(ii) "Russian River Projects Charge" means the charge established in Subsection (b) of
Section 4.18.
(jj) 'Russian River Projects Fund" means the fund established by the Agency to pay or
partially pay for: (1). carrying out the Agency's Coyote Valley Dam Project and Warm
Springs Dam Project channel -stabilization works obligations to the .United States
Government and the State of California under Agency Board of Directors Resolutions
No. 6847 adopted May 24, 1955, No. 7798 adopted September 27, 1955, No. DR00793-1
adopted September 2541961 and Resolution No. DR68485 adopted December 23,1980;
(2) securing and defending appropriative water rights which are necessary for the
realization of the full benefits of the Coyote Valley Dam and Warm Springs Dam
Projects; (3) the Agency's share of the United States Government's investment,
operation and maintenance, and major replacement costs associated with the Coyote
Valley Dam and Warm Springs Dam Projects; (4) the acquisition of all or part of the
Potter Valley Project or contributions made to the Project owner to insure the continued
operation of all or part of the Project; and (5) fishery mitigation and enhancement
projects undertaken by the Agency in the Russian River and Eel River and their
tributaries.
(kk) "Santa Rosa Aqueduct" means the existing pipeline and appurtenances, including
turnouts, from the collector wells at Wohler to the Ralphine Tank farm on the east
extension, and to Scenic Avenue on the south extension.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 7
(11) "Sonoma Aqueduct" means the existing pipeline and appurtenances, including
turnouts, from the Ralphine reservoirs to Sonoma. The Sonoma Aqueduct consists of
two reaches: "Reach 1" from the Ralphine reservoirs to Pythian Road and "Reach 2" from
Pythian Road, to the Sonoma reservoirs.
(mm) "Storage Facilities" means all reservoirs on the Transmission System, the pipeline
connecting the Kawana Springs Reservoirs with the Intertie Aqueduct; the pipeline
connecting the Kawana Springs and Ralphine reservoirs; the Oakmont Pipeline; the
pipeline connecting the Kastama reservoir with the Petaluma Aqueduct; the existing
booster pumping plant and the existing 300,000 -gallon reservoir components of the
Forestville Aqueduct; and transmission line pumping plants necessary to regulate flows
to storage facilities.
(nn) ,"Surplus Customer" means any person or entity who, as of the date of this
agreement, was being served Surplus Water by the Agency.
(oo) "Surplus Water" has the meaning defined in subsection (a) of Section 3.4 of this
:Agreement.
(pp) "Transmission System" means the Agency's water production, storage, treatment
and transmission facilities, including but not limited to the Santa Rosa, Petaluma, and
Sonoma Aqueducts, the Russian River-Cotati Intertie, Emergency Wells, the Warm
Springs Hydroelectric. Project, future water production, storage, treatment and
transmission facilities to be constructed as set forth in Sections 2.2 and 2.3, and the
Potter Valley Project,if acquired by the Agency pursuant to Section 2.4.
(qq) "Trustee" means the Trustee or Trustees for the Agency (or for any joint powers
authority of which the Agency is a member) and the holders of the Revenue Bonds
appointed pursuant to ordinances or resolutions of the Agency relating to Revenue
Bonds, or any successor(s) or assignee(s) thereof.
(rr) "Warm Springs Dam Project" means that certain project authorized for the Russian
River, Dry Creek, California, by the Flood Control Act of 1961, enacted October 23, 1962
(Public Law 874, 87th Congress).
(ss) "Warm Springs Hydroelectric Project" means Federal Energy Regulatory
Commission Project No. 3351.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 8
(tt) "Water Advisory Committee" means the advisory committee established in Part 5 of
this Agreement.
(uu) "Water Conservation Project" means (1) any program, project, or activity that will
reduce potable water use within a Regular Customer's service area (including,'but not
limited to, activities undertaken pursuant to Section 1.12 of this Agreement, but
excluding Recycled Water Projects or Local Supply Projects approved after the date of
this Agreement), or (2) any materials, supplies, Agency staff time, or contractor services
provided by the Agency in support of any Regular. Customer's Water Conservation
Project.
(vv) "Water Contractor" means a party signatory to this Agreement except the Agency
and Forestville.
1.3 Term of Agreement
Ti -us Agreement shall become effective upon its execution by all the parties
hereto and shall remain in effect until June 30, 2040, or, if any Revenue Bonds are
outstanding on June 30, 2040, until such date as all Revenue Bonds shall have been paid
in full and all obligations and covenants of the Agency with respect to any Revenue
Bonds shall have been discharged. The Agency shall enter into renewal agreements for
periods not to exceed forty years each with any or all of the Water Contractors
requesting the same for water supplies within the delivery capabilities of the Agency's
Transmission System, at a cost no greater than the Agency's Operation and
Maintenance Costs and unreimbursed Capital Costs allocated on a proportionate use
basis, it being understood that such renewal agreements shall provide for Entitlements
and Entitlement Limits for each customer as set forth herein.
1.4 Previous Agreements Terminated or Modified
(a) The Eleventh Amended Agreement for Water Supply, dated January 26, 2001,
between the Agency and the Water Contractors is terminated as of the effective date of
this Agreement and superseded by this Agreement.
(b) Existing agreements between the Agency and Windsor are terminated and amended
as follows, effective as of the effective date of this Agreement:
(1) All prior agreements between the Agency and Windsor for water deliveries
from the Transmission System are terminated as of the effective date of this
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 9
Agreement, including the Application for Water Service, dated April 1, 1987. All
water deliveries to Windsor from the Transmission System shall be made in
accordance with this Agreement.
(2) The Agreement for the Sale of Water between the Sonoma County Water
Agency and the Windsor Water District, dated June 8, 1991, is amended as
follows:
(i) By deleting the text of Section 4 ("Shortage of Water and
Apportionment") thereof and replacing it with the following: "In the event
of a shortage in the quantity of water availableto its customers, including
the Town of Windsor, the Agency shall apportion water as provided ii -i the
Restructured Agreement for Water Supply, dated In such
event, (1) the Town of Windsor shall limit its total diversions and
rediversions of water from the Russian River, including both diversion
and rediversions pursuant to this agreement and all of its other diversions
and rediversions, to the amounts of water that the Agency allocates to the
Town of Windsor, and (2) in determining the amount of water available
for allocation, the Agency shall include the amount of water available for
diversion or rediversion by the Town of Windsor under its water rights in
addition to the amount available to the Agency under its own water
rights."
(ii) By adding at the end of Section 10 ('Payment") the following: "The
Town of Windsor shall also pay any charges required by the Restructured
Agreement for Water Supply, dated including the
charges required by Section 4.17(b) of that agreement." .
1.5 Enforcement
The failure of any Water Contractor to perform its obligations hereunder shall
not excuse the remaining Water Contractors from performing their obligations
hereunder'nor excuse the Agency from performing its obligations hereunder to said
remaining Water Contractors. Each and all of the provisions of this. Agreement shall be
enforceable by action brought by any party hereto for specific performance or any other
appropriate action at law for damages or in equity for other appropriate relief to the end
that no party hereto shall. suffer from the default of any other party. Nothing in this
Agreement shall preclude any Water Contractor from seeking unilateral redress under
the law from the Agency, or any other party, Customer, or entity. Any owner or holder
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 10
of Revenue Bonds may also enforce any provision of this Agreement inuring to the
benefit of the holders of the Revenue Bonds.
1.6 Amendments
(a) Except as hereafter provided, this Agreement may be amended only with the
consent of all the parties hereto.
(b) Any annual delivery limit contained in Section 3.1 maybe modified by written
Agreement between the Agency and the Water Contractor to Nvhich such annual
delivery limit applies without the consent of the other parties to this Agreement for the
purpose of conforming such annual delivery limits to a general plan which is applicable
to the service area of such Water Contractor. Copies of any such written agreements
shall be provided to all the parties to this Agreement.
(c) As of the effective date of this Agreement, Forestville is no longer a Water
Contractor, and this Agreement may be amended. without the consent of Forestville,
provided, however, that Forestville's consent shall only be required for any amendment
that impairs or affects any then -existing obligation of the Agency to supply water to
Forestville from the Transmission System. '
(d) If any amendment to this Agreement reduces the revenues to be received by the
Agency or otherwise impairs the ability of the Agency to meet its Revenue Bond
Obligations, then such amendment shall be effective only with the consent.of the
Trustee. The Trustee shall give such consent if the Trustee determines that, following
such amendment, the Water Contractors will be obligated under this Agreement to
make payments to the Agency sufficient to enable the Agency to pay principal of and
interest on the Revenue Bonds and to meet all its other Revenue Bond Obligations. In
making such determination, the Trustee may rely upon such certificates or opinions
from qualified attorneys, engineers or accountants as the Trustee may deem necessary
and obtain from the Agency.
1.7 Pledge of Revenues
Each party hereto acknowledges that anything herein to the contrary
notwithstanding, all sums paid to the Agency pursuant to this Agreement are
"Revenues of the Transmission System" of the Agency as defined in Ordinance No. 1,
except (a) the payments and credits set forth in Section 4.4, (b) the payments of the
Russian River Conservation Charge and the Russian River Projects Charge made
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
pursuant to Section 4.11 and 4:18, (c) the payments of the Water Management Planning
Sub,Charge made pursuant to Section 4.13, (d) the payments of the Watershed Planning
and Restoration Sub -Charge made pursuant to Section 4.14, (e) the payments of. the
Recycled Water and Local Supply Sub -Charge made pursuant to Section 4.15, and (f)
the payments of the Water Conservation Sub -Charge made pursuant to Section 4.16,.
and are pledged to the payment of. the Agency's Transmission System Revenue Bond
Obligations. All said sums shall be received, allocated and paid out pursuant to and
consistent with Ordinance No. 1 and other obligations and covenants of the Agency
with respect to Revenue Bonds. All references in this Agreement to the accounting for,
allocating, paying, and crediting of monies are subject to the priority established by
Ordinance No. 1 on all such revenues.
The parties hereto recognize that the Revenue Bonds are to be paid from
revenues, as provided herein, and that it is the intention of the parties that the charges
set forth herein will be sufficient to pay the Revenue Bonds and to meet the Revenue
Bond Obligations not met from other sources of fonds. The Water Contractors,
therefore, agree to pay promptly such charges notwithstanding any deficiency in the
quantity or quality of water to which they or any of them would be entitled pursuant to
this Agreement. The provisions of this Agreement are made forthe benefit of the
owners and holders from time to time of the Revenue Bonds and. may be enforced by or
on behalf of any such owner or holder.-
1.8
older.
1.8 Books, Records and Accounts
The Agency shall keep or cause to be kept, proper books, records and accounts in
which complete and accurate entries shall be made of all monies received from all
entities, including the Agency's Regular Customers, and of the basis for and application
of said money, including detailed sub accounts showing expenditures made from
Operation and Maintenance Charge revenues for Water Conservation Projects, Recycled
Water Projects, Local Supply Projects, water management planning, and watershed
planning and restoration. Said books, records.and accounts will be available during
normal business hours for inspection by the Water Contractors or their authorized
representatives. The Agency will transmit to the Water Contractors two reports each
year of the receipts and expenditures of the Transmission System. The first report will
be issued no later. than February. 1 and shall be accompanied.by a preliminary budget
for the following Fiscal Year, and will show expenditures for the first half of the Fiscal
Year together with estimated year-end expenditures and estimated expenditures for the
following Fiscal Year. The second report.will be issued after the end of each Fiscal Year
and will contain a budgetary accounting of Transmission System expenditures,
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 1 12
revenues and balances for the Fiscal Year. Each month the Agency shall supply each
Water Contractor with a summary showing the amount of water delivered during the
preceding month to each Regular Customer and Surplus Customer.
1.9 Water Contractors' Duty to Provide Funds
Each Water Contractor shall use any and all means legally available to it
(including, without limitation, the enactment and maintenance in effect of legislation
establishing fees, tolls, rates and charges pertaining to the operation of its water
distribution system) so as to produce monies sufficient in amount to meet the monetary
obligations incurred by it pursuant to this Agreement and to enable it to maintain its
water distribution system in good working order.
1.10 Severability
If any one or more sections, provisions, promises, or conditions of this
Agreement is declared void or voidable for any reason by a final judgment or order of a
court of competent jurisdiction, it is hereby declared to be the intention of each party
and agreed that each and all of the other sections, provisions, promises and conditions
of this Agreement shall be and remain in full force and effect.
1.11 Third Party Beneficiaries
Except for the holders of the Revenue Bonds, no third party beneficiaries are
intended or established by this Agreement.
1.12 Water Conservation Requirements
(a) The Regular Customers of the Agency, and the Agency, shall (1) become members
of the California Urban Water Conservation Council ("CUWCC'`) within six months of
the effective date of this Agreement and remain as members in good standing; (2) sign
the "Memorandum of Understanding Regarding Urban Water Conservation in
California" ("MOW) maintained by the CUWCC and implement the.Best Management
Practices ("BMPs") of water conservation as are promulgated by CUWCC from time to
time, or implement alternative water conservation measures that secure at least the
same level of water savings, and shall complete and file the annual CUWCC report
form; and (3) implement or use their best efforts to secure the implementation of any
water conservation requirements that may be added as terms or conditions of the
Agency's appropriative water rights permits or licenses, or with which the Agency must
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 13
comply under compulsion of regulation or law. In addition to and notwithstanding the
foregoing, all Regular Customers of the Agency shall require metered billing of all,
customer accounts they serve.
(b) Should the Water Advisory Committee determine and so notify any Water
Contractor that its efforts to achieve compliance with the water conservation practices
required by this Section 1.12 are unsatisfactory, then such Water Contractor shall bring
its water conservation program into compliance within six months after such notice, or
within such additional time as may be granted by the Water Advisory Committee.
Should such Water Contractor's noncompliance as determined by the Water Advisory
Committee continue for. six months after"such notice of noncompliance, or beyond such
additional time as may be granted by the.Water Advisory Committee, then the Water
Contractor shall thereafter pay a surcharge.on all water delivered by the.Agency
pursuant to this Agreement equal to ten percent of the Operation and Maintenance
Charge until the Water Advisory Committee determine that such Water Contractor is
in compliance. The proceeds of any surcharge paid pursuant to this section shall be
deposited and paid out in the same manner as -the proceeds of the Water Conservation
Fund.
(c) The Agency shall use its best efforts to modify its rules and regulations and existing
contracts with Other Agency Customers to implement the water conservation
requirements set forth in Section 1.12(a) and the default provisions set forth in Section
1.12(b). With respect to Russian River Customers, the Agency shall use its best efforts
to encourage and, where and when possible, require said customers to sign the "MOU"
maintained by the CUWCC and implement the " BMPs". of water conservation as are
promulgated by CUWCC from time to time.
(d). Nothing in this section shall Iimit Regular Customers to implementing only those
Water Conservation Projects contemplated by the CUWCC BMPs. Regular Customers
are encouraged to implement Water Conservation Projects that go beyond the CUWCC
BMPs.
1.13 Recycled Water and Local Supply Project Requirements
Within ten (10) years from the effective date.of this Agreement, the Water
Contractors shall use their best efforts to carry out or participate in Recycled Water or
Local Supply Projects capable of delivering Recycled Water or potable water sufficient
to reduce the Water Contractors' collective deliveries from the Transmission System
(including, in the case of Windsor, reductions in withdrawals from Windsor's Russian
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 14
River wells), by at least 7,500 acre-feet per year, with approximately 50% of such
reduction resulting from Recycled Water Projects.
1.14 Transitional Provisions Applicable to Forestville
As of the effective date of this Agreement, the Agency's right, title, and interest
in facilities comprising the Forestville Aqueduct shall be transferred as follows:
(a) The existing Forestville pipeline from the Santa Rosa Aqueduct to Forestville
and the storage building at the existing booster pumping plant shall be transferred to
Forestville.
(b) The existing booster pumping plant and the existing 300,000 -gallon reservoir
shall become Storage Facilities.
(c) Subject to the limitation in subsection (d) of this section, the Agency shall
Provide funding to Forestville for the Capital Costs.of an 8" pipeline to be constructed
by Forestville from -the Intertie.Aqueduct at the extension of Templeman Road, west on
Templeman Road to State Highway 116, then north on State Highway 116 West to Kay
Lane. The pipeline shall be funded as a common facility. Forestville shall commence
construction on the pipeliie within five years of the effective date of this Agreement;
provided, however, that if the commencement of construction is delayed due to the
application to Forestville of any circumstance specified in the second paragraph of
Section 2.2 of this Agreement, then the Agency's General Manager/Chief Engineer may
authorize an extension of the commencement date.
(d) The Agency's funding obligation under this section shall be limited to
$690,000, increased by the change in the ENR Construction Cost Index between the
effective date of this Agreement and the date of commencement of construction of the
pipeline.
1.15 Local Production Capacity Goal
In order to mitigate against drought, earthquakes, spills, temporary impairments,
and other events impacting the quantity or quality of water available from the
Transmission System, and other emergencies that can befall an urban water supply
system, it is highly desirable that each Water Contractor achieve and maintain local
water production capacity capable of satisfying approximately forty percent (40%) of
the Water Contractor's average day of the maximum month demand.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 15
PART 2 - PLANNING; FINANCING, ACQUISITION, CONSTRUCTION
OPERATION AND MAINTENANCE
2.1 Financing Additions to the Existing Transmission System
The Agency will, subject to all applicable limitations specified in this Agreement
and all applicable legal and regulatory limitations, finance additions to the
Transmission System with cash available pursuant to Sections 3.6, 4.2, 4.6, 4.7, 4.8, 4.12,
payments made by Marin Municipal pursuant to Section 4.11, payments made by North
Marin pursuant to Section 4.4 and 4.9, any state, federal, or other grants or loans which
may become available, and, if the Agency decides,,to issue new series or issues of
Revenue Bonds, proceeds from the sale of Revenue Bonds.
2.2 Scheduling of Additions and Replacements to the Existing Transmission System
Subject to the availability.of sufficient cash or proceeds from the sale of Revenue
Bonds (if the Agency decides to,issue new series or issues of Revenue Bonds) and any
state, federal, or other grants or loans which may become available, and subject to all
applicable limitations specified in this Agreement, the Agency will (1) construct or
acquire additions to the existing Transmission System sufficient to meet the delivery
Entitlements set forth in Section 3.1 and 3.2 at such times as may be necessary to enable
it to reliably deliver to each of the Water Contractors such Entitlements at the time that
each contractor shall require the same and to make the deliveries authorized pursuant
to Section 3.12; (2) construct additional Russian River water production facilities (up to
a total capacity of 168.9 mgd) so that the total water production capacity available at all
times is not less than the average daily delivery to the Regular Customers and Marin
Municipal (excluding Surplus Water and water in excess of Entitlement Limits) during
the month of highest historical use plus 20 mgd; (3) construct, acquire, or lease
Emergency Wells with capacities which are from time to time determined by the Water
Advisory Committee; (4) construct Additional Facilities (up to a total capacity of 174.3
million gallons) to the extent necessary to maintain a quantity of water.in storage equal
to 1.5 times the average daily delivery to the Regular. Customers except North Marin
during the month of highest historical use; and (5) replace existing facilities and
construct Additional Facilities, related buildings and appurtenances as necessary to
insure the reliable and efficient operation of the Transmission System and to insure that
the quality of the water delivered complies with all applicable state and. federal water
quality requirements.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 16
4
The time within which the Agency shall be obligated to construct such additions
and replacements to the existing."Transmission System shall be extended, however, as a
result of any delays caused by fire, earthquake, other acts of God, acts of thepublic
enemy, riots, insurrections, governmental regulations on the sale or transportation of
materials or supplies, strikes affecting such construction or transportation of materials
or supplies in connection therewith, any State or Federal environmental regulations or
restrictions, shortages and/or delay in the obtaining of materials, shortages of or
allocations of fuel and other sources of energy, litigation resulting in court orders
restraining the construction of such additions and replacements, inability of Agency for
any reason to deliver the Revenue Bonds or any series thereof, or any other causes
beyond the control of Agency or any contractor constructing any part of such additions
and replacements.
2.3 Further Modifications to Transmission System
(a) With the approval of the Water Advisory Committee and subject to the availability
of sufficient funds, the Agency may undertake studies, and prepare technical reports,
financial plans, and environmental documents for Transmission System facilities in
addition to those authorized to be constructed by this Agreement. If such activities are
undertaken pursuant to this paragraph, the cost thereof shall be considered to be costs
of Common Facilities and shall be paid from funds available pursuant to subsection (c)
of Section 4.2, or from the proceeds of Revenue Bonds and payments made by North
Marin pursuant to Section 4.4. If the cost is paid from the proceeds of Revenue Bonds
and payments made by North Marin, the cost shall be allocated as provided in
subsection (b), paragraph 9 of Section 4.3 and Section 4.9.
(b) Except for the facilities described in Section 2.2, the Agency will not construct or
acquire additions to the Transmission System that would increase the charges payable
by, or diminish or impair the water available to, any of the Water Contractors except on
such terms and conditions as may agreed upon in writing by the Agency and each
Water Contractor who would be required to make any additional payment by reason of
such construction or whose water supply might be diminished or impaired by such
construction. If such addition is a booster pump or any other device, method, or system.
that would enlarge or increase the capacity of any one customer to the detriment of
other users, then such addition or alteration shall not be made by Agency except by
amendment to this Agreement. If a question arises as to whether an addition or
alteration to the Transmission System requires an amendment of this Agreement
pursuant to this section, then such question shall be submitted to the Water Advisory
Committee and its decision shall be conclusive.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 17
2.4 Potter Valley Project
(a) All or part of the Potter Valley Project may be acquired upon a determination by the
Board of Directors of the Agency that such acquisition is necessary to insure the
Agency's continued ability to make the water deliveries authorized by this Agreement
and maintain fisheries and other incidental benefits to the Russian.River basin,
provided, however, that no part nor all of the Potter Valley Project shall be acquired
without the affirmative vote.of at least six (6) representatives of the Water Contractors
on the Water -Advisory Committee. representing at least two-thirds of the total weighted
votes as calculated pursuant to Section 5.3(a). The Agency shall not be liable to any of
its Customers for any damage resulting from any Agency decision regarding the
acquisition or non -acquisition of any part or all of the Potter Valley Project.
(b) The Agency shall commence a process upon the effective date of this Agreement to
evaluate the water supply and fisheries benefits provided by the P_otter Valley Project
within the Russian River.watershed, the economic and operational feasibility of
acquiring the Potter Valley Project, and whether alternative actions could reduce the
need for the Agency to acquire the Potter Valley Project. Alternative actions to be
evaluated may include the increased use of recycled water to reduce agricultural and
other diversions from the Russian River and its tributaries; the modification of instream
flow requirements in the Russian River; and the completion of state and/or federal
recovery plans for salmonid species listed as threatened or endangered in the Russian
River watershed. The cost of such evaluations shall be paid from Watershed Planning
and Restoration Sub -Charge funds available pursuant to subsection 4.14; however; the
Agency shall use its best efforts to obtain the agreement of other interested parties who
divert water from the Russian River or its tributaries (including municipal and
agricultural diverters) to pay for a portion of such costs and to participate in the
implementation of such alternative actions. Before acquiring the.Potter Valley Project,
the Agency shall conduct an environmental analysis of the acquisition pursuant to
CEQA, which analysis may include an evaluation of alternative flow regimes from the
Potter Valley Project into the Russian River and the Eel River.
(c) Upon determination by Agency that alternative actions could reduce the need for. the
Agency to acquire the Potter Valley Project, the Agency and the Water Contractors shall
engage in a cooperative process to implement said other actions.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 18
2.5 Water Conservation Projects
Subject to the restrictions set forth in Section 4.16, the Agency may undertake or
fund any cost-effective Water Conservation Project that has been approved by the
Water Advisory Committee.
2.6 Recycled Water and Local Supply Projects
Subject to the approval of the Water Advisory Committee, the Agency may (a)
construct, fund, or partially fund studies or investigations or the Capital Cost of local
Recycled Water Projects and Local Supply Projects, or (b) enter into agreements for the
acquisition and sale of Recycled Water (or the rights to Recycled Water). The Agency
and the Water Contractors shall seek financial contributions for local Recycled Water
and Local Supply Projects furided under this section from benefitted wastewater
treatment plant owners, sanitation districts, and other benefitted parties. Projects
constructed, funded, or partially funded by the Agency under this section shall not be
part of the Transmission System, and the operation and maintenance cost of such
projects shall be the responsibility of the Water Contractors or other parties carrying
out, sponsoring, or participating in such projects.. The benefits from any Recycled
Water Project shall be apportioned equitably based upon the respective financial
contributions to the Recycled Water Project by the parties funding such project.. The
Capital Costs (including Revenue Bond Obligations, if any) of Local Supply Projects or
Recycled Water Projects or of acquiring Recycled Water or the rights thereto shall be
paid or partially paid from the Recycled Water and Local Supply Fund.
2.7 Water Management Planning
The Agency shall periodically prepare a draft regional Urban Water
Management Plan pursuant to the Water Code for consideration by the Water
Contractors. Each Water Contractor shall provide the Agency with all information and
data the Agency reasonably determines to be necessary to allow the Agency to prepare
the draft regional Urban Water Management Plan. The Agency shall use its best efforts
to prepare a draft regional Urban Water Management Plan that meets the requirements
of the Water Code. Each Water Contractor shall either adopt the draft regional Urban
Water Management Plan prepared by the Agency as its Urban Water Management Plan,
or prepare and adopt its own Urban Water Management Plan pursuant to the Water
Code. Before adopting the Urban Water Management Plan prepared by the Agency, a
Water Contractor shall evaluate the Plan, and adoption of the Plan by a Water
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 19
Contractor shall constitute a determination by that Water Contractor that the Plan meets
the requirements of the Water Code as to that Water_ Contractor.
2.8 Watershed Planning and Restoration
(a) The Agency may undertake any action, study, or project approved by the Water
Advisory Committee related to (1) the development or implementation of watershed
restoration and maintenance plans.and projects (including, but not limited to, stream.
restoration projects, water quality monitoring studies and projects, public education
and outreach activities, and funding of third -party studies and projects) or (2)
groundwater studies and investigations. Before undertaking any such action, study or
project: (1) the Agency shall consider suggestions received from the public, Water .
Contractors, and interested parties and organizations such as the Russian River
Watershed Association as to the actions, studies, and projects to be undertaken by the
Agency hereunder; and (2) the Agency and the Water Contractors shall identify and use
their best efforts to obtain funding contributions from other parties that would benefit
from the actions, studies, or projects authorized hereunder, including but not limited to
federal and state loans and grants, municipalities (including Russian River Customers,
county and special district governments), and urban and industrial development, gravel
mining, agriculture, forest harvesting, recreation, and sport.and commercial fishing
interests.
(b) The authority granted to the Agency under this Section 2.8 is permissive and not
mandatory, and that nothing in this Section 2.8 shall (1) require the.Agency to
undertake any action or project unless such action or project is approved by the Agency,
(2) impair or affect the Agency's right to undertake any action or project not funded.
under this Agreement, or (3) require the Agency to engage in any regulatory activity.
(c) The Agency may carry out projects and activities within the scope of subsection (a)
above that primarily or exclusively benefit one or, more Water Contractors, provided (1)
each such project and activity is approved by the Water AdvisoryCommittee and the
benefitted Water Contractors, and (2) some or all benefitted Water Contractors enter
into an agreement with the Agency for such project or activity and agree to pay
supplemental charges as approved by the Agency and the Water Advisory Committee
to defray all or a portion of the cost of the project or activities.
2.9 Planning Coordination
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 20
(a) The parties to this Agreement shall consult with agencies that have planning and
zoning powers within their water service territories in the manner set forth in California
Government Code Section 65352.5 in order to promote close coordination and
consultation between water supply agencies and land use approval agencies to ensure
that proper water supply planning occurs in order to accommodate projects that will
result in increased demands on water supplies.
(b) The parties to this Agreement shall consult with agencies that have building
regulatory powers pursuant to the Government Code and Health and Safety Code to
promote use of water conservation equipment, fixtures, appliances, devices and
techniques.
1.10. Operation and Maintenance
The Agency shall operate and maintain the Transmission System in a good state
of rep'' ir.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 21
PART 3 - WATER SUPPLY
3.1 Delivery Entitlements of Water Contractors
. Subject to Section 3.5, the Agency shall deliver, to each Water Contractor at the
points of.delivery hereinafter set forth such quantities of water as the Water Contractor
shall from time to time require at such rates of flow as are necessary to meet its peak
day's demand, subject to the following:
(a) The Agency shall.not be obligated to deliver water in excess of the following:
Water Contractor/Aqueduct Average Daily Rate, Annual Amount
of Flow During During Fiscal Year
Any Month (excluding
Surplus Water)
Santa Rosa
From Reach 1, 2, and 3a of
the Interne Aqueduct
40.0 mgd
,From the Santa Rosa Aqueduct
40.0 mgd
From the Sonoma Aqueduct
4.0 mgd
Maximum combined total
from all aqueducts
56.6 mgd
North Marin
From Petaluma Aqueduct .19.9 mgd
Petaluma
From Petaluma Aqueduct. 21.8 mgd .
Rohnert Park
From Petaluma Aqueduct or
Reach 3 of Intertie Aqueduct 15.0 mgd
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
29;100 AF
14,100 AF
13,400 AF
7,500 AF
22
I
Valley of the Moon
From Sonoma Aqueduct 8.5 mgd 3,200 AF
Sonoma
Cotati
From Sonoma Aqueduct 6.3 mgd 3,000 AF
From Petaluma Aqueduct or
Reach 3 of Intertie Aqueduct 3.8 mgd 1,520 AF
Windsor
From Santa Rosa Aqueduct 1.5 mgd 900 AF
From Russian River Diversions 7.2 mgd 4,725 AF
The delivery limits for Windsor include both water delivered by the Agency through
the Transmission System and water diverted by Windsor through facilities owned by
Windsor under its own water rights and under the Agency's water rights pursuant to
the agreement between the Agency and Windsor dated January 8, 1991. Windsor shall
not -divert any.water under the Agency's water rights through its own facilities except
and to the extent that water is unavailable for diversion under any of Windsor's
available water rights, as such rights currently exist or may exist in the future. Windsor
shall act with diligence to take all actions necessary to obtain and retain any water
rights to which Windsor may be entitled. For purposes of allocations pursuant to
Section 3.5(a); (1) Windsor shall be considered to be a "Russian River Customer" with
respect to its direct Russian River diversions, and (2) in determining the amount of
water available for allocation under Section 3.5(a), the Agency shall include the amount
of water available for diversion by Windsor under Windsor's water rights in addition to
the amount available to the Agency under. its own water rights. For purposes of
allocations pursuant to Section 3.5(b), Windsor's average daily rate of flow during any
month Entitlement Limit shall be 1.5 mgd.
(b) North. Marin shall not take delivery of water at an instantaneous delivery rate
greater than its average delivery rate for such day, if such instantaneous delivery rate
would increase the Agency's cost of electrical energy. North Marin shall not take
delivery of water at a rate of more than 19.9 mgd during more than 14 days of any
month, nor at a rate of more than 20.9 mgd during any day of any month. Irrespective
of its delivery Entitlement, North Marin shall nevertheless have the right to a flow rate
of 14.8 mgd in the Petaluma Aqueduct.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 23
(c) No Water Contractor shall take delivery of water at an average rate during any
month that is greater than 2.0 times the average rate of delivery to that contractor
during the preceding 12 months. The Agency also shall adopt this requirement as a
service rule applicable to Other Agency Customers. However, if any Regular Customer
was during the preceding 12 months -'subject to a curtailment in deliveries pursuant to
Section 3.5, then the limit prescribed by this subsection shall be 2:0 times the average
rate of delivery that such customer would have received in the absence of such
curtailment. This rule shall not apply to Water Contractors who utilize local sources of
supply to reduce demand, on the Transmission System during the peak summer period
of June 1 through September 30, and whose average production rate for said period
from all of the contractor's local sources is equal to at least 2.0 times the average
production rate of all of that contractor's local sources during the eight months
immediately preceding the peak surnmer,period.
(d) No Water Contractor shall take delivery.of water during any month at an average
rate that is greater than 1.3 times the average rate of delivery to that contractor durv-ig
the peak month of the prior three calendar years without the written consent of the
Agency. The Agency also shall adopt this requirement as a service rule applicable to
Other Agency Customers. Such consent shall be given by the Agency if and only if
sufficient transmission capacity exists to make such increased deliveries and the
deliveries to the other Water Contractors required to be made pursuant to this section.
However, if any Water Contractor was during the preceding three calendar years
subject to a curtailment in .deliveries pursuant to Section 3.5, then the limit prescribed
by this subsection shall be 1.3 times the average rate of delivery that such contractor
would have received during the peak month of the prior three calendar years in the
absence of such curtailment.
(e) For purposes of determining Santa Rosa's average daily rate of flow during any
month Entitlement Limit under this subsection,' all water delivered to Santa Rosa from
the Kawana Pipeline or from the pipeline connecting the Ka wana Springs and Ralphine
reservoirs shall -be deemed delivered from Reach 3a of the Intertie Aqueduct.
3.2 Conditions on Other Agency Customer Deliveries.
The Agency may furnish water,from the Transmission System to Other Agency.
Customers subject, however, to the following conditions:
(a) The total quantity of water delivered to all _the Other Agency Customers shall not
exceed an average of`2.7 million gallons per day during any month.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 24
(b) The Agency shall not enter into contracts to furnish eater to any Other Agency
Customer except itself or the County of Sonoma for use on land within two miles of the
Corporate Territory of a Water Contractor or Forestville except with the prior written
consent of such Water Contractor or Forestville, which consent will be subject to the
condition that the Agency shall cease delivering water to such customer whenever a
Water Contractor or Forestville is willing and able to furnish water to such customer.
Water delivered by the Agency from the Transmission System to the Agency or the
County of Sonoma shall not be used for residential, commercial, or private industrial
purposes.
(c) The Agency shall not deliver more than an average of 0.5 million gallons per day
during any month from the south part of the Petaluma Aqueduct to Other.Agency
Customers.
(d) The Agency shall not deliver more than an average of 1.5 million gallons per day
during any month from Reach 1 of the Intertie Aqueduct to Forestville.
(e) The Agency shall not sell water from the Transmission System except as expressly
authorized by this. Agreement.
3.3 Deliveries in Excess of Entitlement Limits
(a) No Regular Customer may take delivery of water in excess of its average daily rate
of flow during any month Entitlement Limit as set forth in Sections 3.1 or 3.2, except
upon the following conditions:
first, that such excess delivery does not impair or delay the delivery to any other
Regular Customer of its Entitlements; and
second, that the Regular Customer taking the excess delivery is then proceeding
in good faith, with plans and funding to develop a reliable water supply,
sufficient to supply its needs in excess of its Entitlement Limits; and
third, that either
(1) all the Water Contractors approve such excess delivery; or
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 25
(2)s uch excess delivery is made during a period when deliveries to another
Water Contractor are less than its Entitlement Limits, such excess delivery
does not exceed the unused amounts of said contractor's Entitlement Limits,
and said contractor has notified the Agency m writing of its consent to said
delivery.
(b) Any Water Contractor may transfer any portion of its annual amount during any
fiscal year Entitlement Limit to any other Water Contractor for such periods of time and
pursuant to such terms as agreed to -by the transferor Water Contractor and the
transferee Water Contractor, subject to the following:
(1) Such transfer shall not impair or delay the delivery to any other Regular
Customer of its Entitlements.
(2) Notice of a proposed transfer, including adequate information to
identify any impacts to deliveries of water to other Water Contractors, shall
be provided to all the other Water Contractors individually, to the Water
Advisory Committee, and to the Agency. Upon request of any other Water
Contractor, the transferor and transferee Water Contractors shall promptly
meet to identify and resolve any potential impacts of the proposed transfer.
If any Water Contractor determines that the proposed transfer will impair
or delay the delivery of its Entitlements, such Water Contractor may file a
written objection to the proposed transfer with the Water Advisory
Committee, with a copy to the Agency. Such objection must be filed no
later than 45 days after the Water Contractor receives notice of the proposed
transfer. Thereafter, the Water Advisory Committee shall determine
whether the proposed transfer will impair or delay the delivery of the
objecting Water Contractor's Entitlements, and whether there are measures
that will eliminate such impairment or delay. In the absence of an objection
to a proposed transfer by any Water Contractor, the approval of the Water
Advisory Committee is not required.
(3) The average daily rate of flow during any month Entitlement Limit of
the transferee Water Contractor as set forth in Sections 3.1 or 3.2 and the
other delivery limitations. applicable to the transferee Water Contractor shall
not be affected by, and shall remain applicable notwithstanding, any
transfer under this subsection.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 26
(4) Payments to the Agency for delivery of the transferred water to the
transferee Water Contractor shall be based upon the Aqueduct rate
applicable to the transferee Water Contractor pursuant to this Agreement.
(5) The transferor and transferee Water Contractors shall be responsible for
all regulatory compliance relating to the transfer, including compliance with,
the provisions of the California Environmental Quality Act. To the greatest
extent permitted by law, the transferor and transferee Water Contractors
shall indemnify and defend each of the other Water Contractors and the
Agency from any claims, damages, or judicial or administrative proceedings
arising out of any actions related to this Subsection 3.3(b), whether or not
there is concurrent negligence on the part of the. other Water Contractors or
the Agency or each of them, but excluding liability due to the sole active
negligence or willful misconduct of any of the other Water Contractors, the
Agency, or each of them. The latter exclusion shall operate only as to the
particular Water Contractor or Agency whose sole active negligence or
willful misconduct caused the exclusion.
3.4 Surplus Water
(a) Surplus Water is water that from time to time may be available for delivery from the
Transmission System in excess of the amounts required to meet the Agency's
contractual obligations and the requirements of all the Agency's Regular Customers for
uses other than those described in subdivision (b) of this section.
(b) Surplus Water may be used only for the following purposes:
(1) replenishment of surface water supply reservoirs or recreational lakes,
including but not limited to Ralphine, Spring, and. Stafford Lakes, or
(2) replenishment of groundwater basins;
provided, however, that Surplus Water also may be provided for use for irrigation of
land used for commercial production of food or fiber if such provision of water is
required by any agreement in existence on the effective date of this Agreement.
(c) The Agency shall deliver Surplus Water only from separate metered turnouts on the
Transmission System or the North Marin Aqueduct.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 27
(d) The Water Contractors shall have first priority. on deliveries of Surplus Water.
(e) The Agency desires to transfer all of its Surplus Customers to the Water Contractors.
The parties to this Agreement shall cooperate in the voluntary permanent transfer of
Surplus Customers from the Agency to the party, whose corporate territory
encompasses the site of a given Surplus Customer or whose corporate territory
boundary is within two miles of the turnout(s).serving said customer. Should a given
Surplus Customer lie withii two miles of more than one party, the parties shall meet
and confer with the Agency and by mutual agreement determine who is best suited to
take over said Surplus Customer. Nothing m this subsection shall require a.Water
Contractor to take over service of any Agency Surplus Customer. Should a given party
opt not to take over Surplus Customers who lie within their corporate territory or
within two miles of the boundary of same, then any other party to this Agreement
whose corporate territory lies within Sonoma County may apply to the Agency to take
over said Surplus Customers. Parties who agree to take on such service shall be known
as*Surplus Water providers.
(f) Surplus Waterproviders agree to interrupt delivery of Surplus Water upon
notification by Agency if Agency determines, in its sole discretion, that there exists an
immediate or pending problem involving loss of Transmission System storage,
inadequate pumping capacity, a valid complaint from any Regular Customer that they
are not receiving their appropriate Entitlement as a result of Surplus Water deliveries,
or any other problem impacting the delivery capability of the Transmission System.
Surplus Water providers shall notify their customers of Agency's right to require such
delivery interruptions. Notwithstanding the right of the Agency to notify and cause the
interruption of delivery of Surplus Water, a Surplus Water provider may also interrupt
delivery of Surplus Water at any time it determines it is necessary or prudent to do so in
order to satisfy the demands of its non -Surplus Customers; or for water system
maintenance, repair, or planned or unplanned outage of any nature whatsoever,
including but not.limited to a perceived; threatened or actual water shortage. Deliveries
of Surplus Water shall not be deemed to be included as part of any Regular Customer's
Entitlement or Entitlement Limit.
3.5 Shortage of Water and Apportionment
(a) (1) The Agency shall use its best efforts to obtain, perfect, and maintain
appropriative water rights in amounts sufficient to be able to make the water
deliveries provided for in this Agreement. In its operation.of the Russian River
Project, the Agency shall use all reasonable means to prevent a deficiency in the
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 28
quantity of water that is available to the Agency for diversion and rediversion
under the Agency's water rights. However, nothing in the preceding two
sentences shall be construed to limit the Agency's discretion to take appropriate
actions in good faith to resolve any issue that may arise under the federal
Endangered Species Act or any other federal or state law affecting the Agency's
water rights or operation of the Russian River Project..
(2) If by reason of drought, environmental laws or regulations, other causes
beyond the control of the Agency, or any change in the amounts of water
imported by the Potter Valley Project into the Russian River watershed (whether
or not such change is caused by any action or inaction of the Agency) a
deficiency does occur, the Agency shall not be liable to any of its customers for
any damage arising therefrom.
(3) In the event of a deficiency pursuant to subsection 3.5(a)(2), the Agency
first shall cease all deliveries of Surplus Water to other than the Water
Contractors; second, shall cease. deliveries of all Surplus Water; third, shall cease
deliveries to -Regular Customers in excess of their respective annual Entitlement
Limits; and fourth, shall apportion the available supply of water as follows:
(i) first, deliver to each of its Regular Customers, not in excess of their
respective Entitlement Limits, authorize Agency's Russian River
Customers to divert or redivert not in excess of the amounts for which
those customers have contracted to purchase from the Agency, and
deliver to Marin Municipal not in excess of the amounts, if any, that are
required to be delivered. pursuant to the Third Amended Offpeak Water
Supply Agreement dated January 25, 1996, the Amended Agreement for
the Sale of Water between the Sonoma County Water Agency and the
Marin Municipal Water District dated January 25, 1996, amendments to
these agreements that have been approved by the Water Advisory
Committee, or subsequent agreements between the Agency and Marin
Municipal that have been approved by the Water Advisory Committee,
the quantities of water required.by each such customer for human.
consumption, sanitation, and fire protection as determined by the Agency
after taking into consideration all other sources of potable water then
available to said customer, including, for Russian River Customers, water
available under their own water.rights;
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 29
(ii) second, to the extent additional water is available to the Agency,
allocate that water proportionately as follows: deliver such water to
Agency's Regular Customers based upon their respective average daily
rate of flow during any month Entitlement Limits, authorize the Agency's
Russian River Customers to divert or redivert such water based upon the
delivery limits set forth i11 the agreements between the Agency and its
Russian River Customers, and deliver such water to Marin Municipal
pursuant to and to the extent required by the Third Amended Offpeak
Water Supply Agreement dated January 25, 1996, the Amended
Agreement for.the sale of Water between the Sonoma County Water
Agency and the Marin Municipal Water District dated .January 25, 1996,
amendments to these agreements that have been approved by the Water
Advisory Committee, or subsequent agreements between the Agency and
Marin. Municipal that have been approved by the Water Advisory
Committee;
(iii) provided, however, that no Customer shall receive under
subsections 3.5(a)(3)(i) and 3.5 (a)(3)(h) a total,quantity of water in excess
of its reasonable requirements or its said Entitlement Limits or contracted
amount, whichever is less.
(b) (1) In the event of a temporary impairment of the capacity of the
Transmission System by reason of natural disaster, sabotage or other causes
beyond the control of the Agency, the Agency shall not be liable to any of its
customers for any damage arising therefrom.
(2) In the event of a Section 3.5(b)(1) impairment, the Agency shall:
(i) . first, deliver to each of its Regular Customers the quantity of water,
not in excess of the respective average daily rate of flow during any month
Entitlement Limit, required by it for human consumption, sanitation, and
fire protection as determined by the Agency after taking into
consideration all other sources of potable water then available to said
customer;
(ii) second, to the extent additional Transmission System capacity is
available to the Agency, deliver a, quantity of water to the Regular
Customers in proportion to their respective average daily rate of flow
during any month Entitlement Limits, provided, however, that no Regular
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 30
Customer shall receive under subsections 3.5 (b)(2)(1) and (6)(2)(11) a total
quantity of water in excess of its reasonable requirements or its average
daily rate of flow Entitlement Limit, whichever is less;
(iii) third, to the extent additional Transmission System capacity is
available, deliver water to Regular Customers in excess of their average
daily rate of flow_ Entitlement Limits pursuant to Section 3.3;
(iv) fourth, to the extent additional Transmission System capacity is
available, deliver water to Marin Municipal not in excess of the delivery
limitations in Section 3.12;
(v) fifth, to the extent additional Transmission System capacity is
available, deliver Surplus Water to the Water Contractors;
(vi) sixth, to the extent additional Transmission System capacity is
available, deliver Surplus Water to other than the Water Contractors.
(3) However, deliveries to Marin Municipal shall not be reduced or curtailed
under this Section 3.5(b) because of inadequate capacity in the new aqueduct to
be constructed generally. paralleling the portion of the Petaluma Aqueduct that
extends from the Ely Pumping Plant to Kastania Reservoir, if such new aqueduct
is paid for and dedicated to the Agency pursuant to Section 13 of the Amended
Agreement for the Sale of Water between the Sonoma County Water Agency and
the Marin Municipal Water District dated January 25, 1996.
(c) (1) In determining "human consumption, sanitation, and fire protection"
amounts pursuant to this Section 3.5, the Agency shall take into account the level
of water conservation achieved by the Customer, and.the resulting decrease in
end user ability to reduce water use (the hardening of demand) resulting from
such conservation. The allocations pursuant to subsection 3.5(a)(3)(i) shall be
determined using a methodology which rewards and encourages water
conservation; avoids cutbacks based upon a percentage of historic consumption,
and, among other things, bases the amounts necessary for "human consumption,
sanitation, and fire protection" upon no greater than average indoor.per capita
water use determined from recent retail billing records for winter water use by
all of the Water Contractors; and, if necessary or appropriate for equitable.
purposes, considers commercial, industrial and institutional water uses
separately and determines that element of the subsection 3.5(a)(3)(i) allocation
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 31
based on winter water use from recent retail billing records for commercial,
industrial, and institutional uses.
(2) The fundamental purpose of the "reasonable requirements" limitation is to
ensure that no Customer receives more water during a shortage than that
Customer reasonably needs. In determining "reasonable requirements" pursuant
to this Section 3.5, the Agency may take into account the hardening of demand
resulting from the level of conservation achieved by the Customer; the extent to
which the Customer has developed Recycled Water Projects and Local Supply
Projects; and the extent to which the Customer has implemented water
conservation programs (including conservation required pursuant to the
provisions of Section 1.12 of t] -ds Agreement). It is the intention of the parties to
this Agreement that the Agency make its "reasonable requirements"
determinations so as to encourage Customers to implement water conservation,
Recycled Water, and Local Supply Projects.
(d) The Agency shall at all times have an adopted water shortage allocation
methodology sufficient to inform each Customer of the, water that would be available to
it pursuant to Section 3.5(a) in the event of reasonably anticipated shortages, which
methodology shall be consistent with this Section 3.5 and shall be included in the Urban
Water Management Plan prepared pursuant to Section 2.7.
(e) The parties agree that it is extremely difficult and impractical to determine the
damage caused to the Agency or other Customers as a result of the taking of water by
any Customers in excess of the limitations contained in this Section 3.5. If any
Customer takes delivery of water from the Transmission System or otherwise from the
Russian River system in violation of this Section 3.5, then it shall pay the Agency, in
addition to all. other applicable charges,. liquidated damages in an amount equal to 50
percent. of the applicable Operation and Maintenance Charge (including all sub -
charges) times the amount of water taken in violation of the provisions of this Section
3.5. The Agency shall .use its best efforts to incorporate this liquidated damages
provision into its agreements with Other.Agency Customers, Russian River Customers,
Marin Municipal Water District, and into the Agency's rules and regulations for the.
provision of water service, and impose liquidated damages pursuant to this Section
3.5(e). The existence of this liquidated damage provision shall not limit or restrict the
Agency fromphysically limiting the quantity of -water taken to the amounts authorized
by this Section 3.5 or from ,pursuing all other available legal and equitable remedies
applicable to such violations. By affirmative vote, the Water Advisory Committee may
request that the Agency physically limit the quantity of water taken by a Regular
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 32
Customer to the amounts authorized by this Section 3.5 or that the Agency pursue all
other available legal and equitable remedies applicable to such violations. The proceeds
of any liquidated damages assessed pursuant to this subsection shall be deposited and
paid out in the same manner as the proceeds of the Operation and Maintenance Charge.
(f) Notwithstanding subsections (a) and (b) above, as an alternative method for
allocation under this Section 3.5 during a period of water deficiency or temporary
Transmission System impairment, the Water Advisory Committee (or, in the event of a
Transmission System temporary impairment affecting fewer than all of the Water
Contractors, the Water Advisory Committee representatives of the Water Contractors
affected by the temporary impairment) may, by unanimous vote, determine how water
shall be allocated among the affected Water Contractors. The Agency shall provide a
calculation methodology or other information adequate to enable the determination, in
a manner consistent with this Section 3.5, of the volume of water to which (i) the Water
Contractors as a group, and (ii) all other Customers would be respectively entitled. Any
alternative method for allocation determined by the Water Advisory Committee
pursuant to this subsection shall apply only to the volume of water to which the Water
Contractors are entitled as a group.
(g) In the event that Transmission System capacity is expanded by the construction of
facilities other than those authorized by this Agreement, then notwithstanding anything
in this Section 3.5 to the contrary, any allocations made pursuant to this section to
Forestville that are based upon the average daily rate of flow during any month
Entitlement Limits shall not use a denominator greater than 133.4 mgd.
3.6 Fire Fighting Service
Anything herein to the contrary notwithstanding, the Agency may furnish water
for fire fighting from hydrants or standpipes on, the Transmission System, provided,
however, that such service within two miles of the Corporate Territory of a Water
Contractor may be furnished only if and during the period of time said Water
Contractor consents thereto in writing. The Agency shall set fees sufficient to recover
the full cost of installing and maintaining and supplying water to fire hydrants. All
revenue from such.fees shall be treated the same as money received from the Operation
and Maintenance Charge and shall be deposited and paid out as set forth in Section 1.7
and. subdivision (b) of Section 4.1. Agency shall adopt service rules limiting hydrant
water usage to fire suppression, fire training and limited temporary uses such as
providing metered construction water.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 33
3.7 Quality of Water
(a) The Agency warrants that it will use its best efforts to insure that all water delivered
hereunder shall be of such purity and quality required to meet minimum standards for
human domestic consumption from time to time established by the state and _federal
governments. The Agency shall not be liable to any of its Customers for any damage
arisvig from the quality of water that it delivers under this Agreement,, except for
damages based on any breach of the warranty described in the preceding sentence.
(b) The payment obligations of the Water Contractors set forth in Part 4 shall not be
affected in any manner by the quality of the water delivered by the Agency hereunder.
3.8 Points of Delivery
All water furnished to each Water Contractor hereunder shall be delivered at the
discharge flange of meters at turnouts owned and maintained by the Agency. Turnouts
in addition to those now existing shall be constructed from time to time at such
locations as shall be agreed upon by the Agency and the Water Contractors involved.
Water delivered to Petaluma and North Marin at the McNear meter station shall be
delivered at a hydraulic, gradient of not less than 175 feet mean sea level. Turnouts
installed for Regular Customers shall be not less than 8 inches in diameter. Turnout
installation charges shall be determined from time to time by resolution of the Board of
Directors of the Agency and shall be payable by the Customer prior to turnout
installation by Agency.
3.9 Risk of Loss and Responsibility
Title and risk of loss with respect to all water delivered hereunder shall pass
from the Agency to the Water Contractor at the point of delivery thereof as set forth in
Section 3.8. The Agency shall not be responsible for.the control, transmission,
distribution, handling or use of water beyond the point of delivery thereof. Each Water
Contractor shall be responsible for installing and maintaining any device it deems
necessary to reduce or regulate the pressure under which the water may be delivered
hereunder.
3.10 Place of Use of Water Delivered to North Marin
(a) North Marin may exchange water delivered under this Agreement for an equal
amount of water delivered to it by Marin Municipal.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 34
(b) Except as provided in subdivision (a) of this section, North Marin shall not permit
any water delivered under this Agreement to be used outside of its own distribution
system service areas.
3.11 Measurement
All water delivered by the Agency from the Transmission System.shall be
measured by meters installed and maintained by the Agency. The Agency shall test the
accuracy of each meter not less frequently than annually and provide each Water
Contractor with a report of such test. Each Water Contractor shall have the right at any
time and at its expense to make additional tests of any meter. If a meter is found to be
reading 2 percent or more fast or slow, it shall immediately be repaired to bring it
within percent accuracy or be replaced by the Agency.
3.12 Marin Municipal Water Deliveries
The Agency, pursuant to the Third Amended Offpeak Water Supply Agreement
dated January 25, 1996 and the Amended Agreement For The Sale Of Water Between
The Sonoma County Water Agency and the Marin Municipal Water District dated
January 25, 1996, amendments to these agreements that have been approved by the
Water Advisory Committee, or subsequent agreements between the Agency and Marin
Municipal that have been approved by the Water Advisory Committee, may deliver
water to Marin Municipal when and to the extent that the Transmission System has
capacity in excess of that required by Agency to supply its Regular Customers the
Entitlements set forth in Sections 3.1 and 3.2. However, deliveries to Marin Municipal
shall not be reduced or curtailed because of inadequate capacity in the new aqueduct to
be constructed generally paralleling the portion of the Petaluma Aqueduct that extends
from the Ely Pumping Plant to Kastania Reservoir, if such new aqueduct is paid for by
Marin Municipal and dedicated to the Agency pursuant to Section 13 of the Amended
Agreement for the Sale of Water between the Sonoma County Water Agency and the
Marin Municipal Water District dated January 25, 1996.
The maximum delivery rate to Marin Municipal between May 1 and October 31
shall not exceed 12.8 mgd. The total quantity of water delivered to Marin Municipal in
any Fiscal Year shall not exceed 14,300 Acre Feet. Deliveries of water to Marin
Municipal shall be made either through a separately metered turnout or through North
Marin's metered turnout(s). If water is delivered through North Marin's metered
turnout(s), then North Marin shall maintain in good repair and calibration metered
turnouts atpoints of delivery from its system into Marin Municipal's system and shall
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 35
read such meters on or about the end of each month and provide to Agency an
accounting of water delivered during the preceding month to Marin Municipal. In
making such accounting, North Marin shall deduct from the total, of water delivered to
Marin Municipal any exchange water as provided in Section 3.10 of this Agreement and
any water produced by North Marin and delivered to Marin Municipal.
3.13 Damages for Peaking on the Transmission System or Taking Water in Excess of
Average Daily Rate of Flow Entitlement Limits in Violation of Section 3.3
The parties to this Agreement recognize. that the Agency will have increased
costs, in amounts that will be difficult to determine, if any Regular Customer takes
water in violation of subsection (b), (c) or (d) of Section 3.1 or subsection (a) of Section
3.3. Accordingly, if any Regular. Customer takes delivery of water from the.
Transmission System in violation of subsection (b), (c) or (d) of Section 3.1 or subsection
(a) of Section3.3, then it shall pay the Agency, in addition to all other applicable
charges, liquidated damages in an amount equal to twenty-five percent (25N of the
applicable Operation and Maintenance Charge (including all sub -charges) times the
amount of water taken in violation of these provisions. The assessment of liquidated
damages pursuant to this section for a violation by a Regular Customer of subsection
(b), (c) or (d) of Section 3.1 or subsection. (a) of Section 3.1 may be waived by the Agency
upon a showing by the contractor that the taking of delivery of water in violation
thereof resulted from an act of God or other unforeseeable circumstances over which
the Regular Customer had no control. The existence of this liquidated -damage
provision shall not limit or restrict the Agency from physically limiting the quantity of
water taken to the amounts authorized by this Agreement or from pursuing all other
available legal and equitable remedie's applicable to such violations. The proceeds of
any liquidated damages assessed pursuant to this subsection shall be deposited and
paid out in the same manner as the proceeds of the Operation and Maintenance Charge.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY .36
PART 4 - CHARGES AND PAYMENTS
4.1 Separate Charges and Funds
(a) On or before April 30 preceding each Fiscal Year during which any of the following
charges are payable, the Agency will establish the amount of the following charges for
the ensuing Fiscal Year:
(1) the Operation and Maintenance Charge, including
(a) the Water. Management Planning Sub -Charge,
(b) the Watershed Planning and Restoration Sub -Charge,
(c) the Recycled Water and Local Supply Sub -Charge,
(d) the Water Conservation Sub -Charge,
(2) the Aqueduct Facilities Capital Charges, including
(a) the Santa Rosa Aqueduct Capital Sub -Charge,
(b) the Sonoma Aqueduct Capital Sub -Charge,
(c) the Petaluma Aqueduct Capital Sub -Charge, .
(3) the Storage Facilities Capital Charge,
(4) the Common Facilities Capital Charge,.and
(5) the North Marin Capital Charge.
In determining the amount of these charges, the Agency shall include a reasonable
allowance for usual contingencies and errors in estimation, and to maintain a prudent
reserve in an amount determined from time to time by the Water Advisory Committee.
(b) All monies received in payment of said charges shall be received, allocated, and
paid out consistent with the obligations and covenants of.the Agency with respect to
Revenue Bonds.
(c) In establishing each of said charges, the Agency shall assume that the quantity of
water (other than Surplus Water) to be delivered from each aqueduct of the
Transmission System shall be the same as the amount of water delivered.from said
aqueduct during the twelve months preceding such establishment, or the average
annual amount of water delivered during the preceding 36 months, whichever is less.
If because of drought or other water -supply reduction, state or federal order, or other
similar condition, the Agency anticipates that any such quantities will not be predictive
of future usage, the Agency may use a different amount with the prior approval of the
Water Advisory Committee.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 37
4.2 Operation and Maintenance Charge
(a) The Operation and Maintenance Charge shall be a uniform annual charge per acre
foot and shall be paid by all.Regular Customers for all water delivered from the
Transmission System.
(b) The aggregate amount of money to be received by the Agency from the Operation
and Maintenance Charge for each Fiscal Year shall be sufficient to produce water sale
revenues to cover the Agency's estimate of its Operation and Maintenance Costs for
such Fiscal Year, to produce water sale revenues as required by Sections 4.13, 4.14, 4.15,
and 4.16, and: to produce additional revenues in amounts determined from time to time
by the Water Advisory Committee to pay the Capital, Costs_ of Common Facilities and
Storage Facilities pursuant to subdivision (c) of this section.
(c) All money received by the Agency in payment of the Operation and Maintenance
Charge shall be deposited and paid out as set forth in Section 1.7, and subdivision (b) of
Section 4.1. After making .the payments required by Section 1.7, remaining money
received from the Operation and Maintenance Charge may be used to pay the Agency's
operation and maintenance expenses, to make the deposits required by Sections 4.13,
4.14(g), 4.15, and 4.1.6(a), and to fund a prudent reserve for`those expenses. Money
received from the Operation and Maintenance Charge in excess of that necessary for
operation and maintenance expenses, to make the deposits required by Sections 4.13,
4.14(g), 4.15, and 4.16(a), and to maintain a prudent reserve may from time to time be
disbursed as provided in Section 4.5 to pay Capital Costs of Common Facilities and
Storage Facilities. If money received from the Operation and Maintenance Charge is
appropriated for expenditure for Storage Facilities, the funds shall be transferred to the
Storage Facilities capital fund. referred to in subsection (c) of Section 4.7. At the time of
the transfer, an amount shall also be transferred. to North Marin's account established
pursuant to subsection (c) of Section 4.4, which amount shall bear the same proportion
to the amount transferred to the Storage Facilities capital fund that the total, amount.
payable by North Marin for the Operation and Maintenance Charge, exclusive of sub -
charges; in the prior Fiscal Year bears to the total operation and maintenance revenue,
exclusive of revenue from sub -charges, received by the Agency from sources. other than
North Marin during the prior Fiscal Year.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 38
4.3 Allocation of Capital Costs to North Marin
(a) The Capital Costs of Remaining Facilities shall be allocated to North Marin in
proportion to the following ratios:
Facility Ratio
1. Storage Facilities -0-
2. Common Facilities 11.2/90.4.
(b) The portions of the Capital Costs of the Additional Facilities, replacement facilities,
acid the Potter Valley Project, or the portion thereof that is to be acquired pursuant to
Section 2.4 hereof, shall be allocated to North Marin are as follows:
Facility Ratio
1. 2nd pipeline, generally paralleling
Intertie Aqueduct Reach 1
2. 2nd pipeline, generally paralleling
Intertie Aqueduct Reach 2
3. 2nd pipeline, generally paralleling
Intertie Aqueduct Reach 3a
4. 2nd pipeline, generally paralleling
Intertie Aqueduct Reach 3b and 3c
5. 2nd pipeline, generally paralleling
Petaluma Aqueduct from its junction with
Intertie Aqueduct to Kastania Reservoir
6. 2nd pipeline, generally paralleling
Sonoma Aqueduct
7. Storage Facilities
8. Russian River Water Production Facilities
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
8.7/55.8
8.7/55.8
8.7/55.8
8.7/42.4
5.1/38.8
-0-
-0-
8.7/55.8
39
9. All Common Facilities except Russian
River Water Production Facilities, but
including the Potter Valley Project 19.9/146.2
4.4 Remaining Facility, Additional Facility and Replacement Facility Capital Cost
Payments by North Marin
The portion of the Capital Costs of the facilities allocated to North Marin
pursuant to Section 4.3. shall be recovered.by the Agency as follows:
(a) Each time the Agency decides to issue further series or issues of Revenue Bonds to
finance the Capital Costs of constructing or acquiring any Remaining Facilities;
Additional Facilities, or replacement facilities, or acquiring all or part of the Potter
Valley Project, the Agency shall, prior to initiating the procedures for the issuance of
such Revenue Bonds, notify North Marin of the Agency's estimate of the total cost of the
Remaining Facilities, replacement facilities, Additional Facilities, or Potter Valley .
Project acquisition proposed to be financed by said series or issues of Revenue Bonds
and of North Marin's portion of the cost allocated in accordance with Section 4.3. North
Marin shall have the right, at its election, to pay North Marin's portion, or any part or
parts thereof, of the cost of such Remaining Facilities, replacement facilities, Additional
Facilities, or Potter Valley Project acquisition in cash, provided, however, that North
Marin shall make its election on or before such date as the Agency shall specify, which
date will give the Agency sufficient time to determine the amount of Revenue Bonds to
be sold, but shall not be earlier than 30 days after said notification. If North Marin
elects to make a cash payment, it shall do so on the date the Revenue Bonds are sold or
on such later date as the Agency may agree -upon and which will nevertheless enable
the Agency to meet its obligations for said construction or acquisition. If North Marin
elects to make a cash payment, the amount payable shall exclude interest during
construction and financing charges.
(b) Upon completion of the construction or acquisition referred to in subdivision (a) of
this section, any deficiency in the amount theretofore paid or credited and the actual
amount of North Marin's portion thereof shall ,be paid by North Marin to the Agency.
(c) All payments made by North Marin pursuant to subdivisions (a) and (b) of this
section shall be deposited in a separate account from which the Agency will make
disbursements only to. make payments that otherwise must be made by revenues
received from the North Marin Capital.Charge, or for the Agency's expenses in
constructing the Remaining Facilities, Additional Facilities, and replacement facilities or
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 40
in acquiring all or part of the Potter Valley Project, up to the proportionate amounts
allocated to North Marin utilizing the ratios contained in Section 4.3. The balance of the
account shall earn interest at the Sonoma County Treasurer's pooled investment fund
rate, which interest income shall be credited to the account on June 30.of each year.
Any surplus funds in the account shall be paid to North Marin within 30 days of receipt
of a written request therefor.
(d) If the Agency decides to levy one or more Aqueduct Capital Charges to produce
revenue to fund, without issuing Revenue.Bonds, (a) major replacements of portions or
all of any aqueduct facility pursuant to Section 4.6(e) of this Agreement or (b) capital
improvements to existing Aqueduct Facilities, then North Marin shall pay its portion of
the .Capital Costs of such replacements or improvements to the Agency in cash at the
time such Capital Costs are incurred by the Agency. The Capital Costs of major
replacements to the facilities specified in Subsection 4.3(b) shall be allocated to North
Maria based upon the ratios set forth in Subsections 4.3(b). The Capital Costs of major
replacements to the Intertie Aqueduct shall be allocated to North Marin based on the
followh-ig cost distribution ratios:
Intertie Aqueduct Reach 1
11.2/70.4
Intertie Aqueduct Reach 2
11.2/68.9
Intertie Aqueduct Reach 3
11.2/58.9
4.5 Payment of Remaining Facilities, Additional Facilities, Replacement Facilities,
and Potter Valley Pro-ject Capital Costs
(a) The Capital Costs of Remaining Facilities, Additional Facilities, replacement
facilities and Potter Valley Project, except the portions thereof paid by North Marin
pursuant to Section 4.4, shall be paid by the Agency with cash available pursuant to
Sections 4.2, 4.6, 4.7 and 4.8, subdivision (b) of Section 4.11, and, if the Board of
Directors of the Agency decides to issue Revenue Bonds, with the proceeds from the
sale of Revenue Bonds. The Agency may sell Revenue Bonds to the extent necessary to
pay for said Capital Costs, to establish bond reserves and to pay all expenses incurred
in the issuance of such bonds.
(b) From time to time the.Agency.shall determine the percentage of the Revenue Bonds
that are attributable to Aqueduct Facilities, Storage Facilities, Common Facilities, and
North Marin's Capital Costs. In making these calculations, the Agency shall not include
in the portions of the Revenue Bonds that are attributable to Aqueduct Facilities,
Storage Facilities and Common Facilities, the portions of the Revenue Bonds, if any, that
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 41
are attributable to North Marin's Capital Costs. The Agency shall not include in these
calculations any Capital Costs for which North Marin paid cash pursuant to Section 4.4,
or, the costs of any major replacement facilities financed by the imposition of Aqueduct
Facilities Capital Charges without the issuance of Revenue Bonds pursuant to
subdivision (e) of Section 4.6..
4.6 Aqueduct Facilities Capital Charges
(a) Aqueduct Facilities Capital Charges consist of the Santa. Rosa Aqueduct Capital
Sub -Charge, the Sonoma Aqueduct Capital Sub -Charge, and the Petaluma Aqueduct
Capital Sub -Charge. The Aqueduct Facilities Capital Charges shall be annual charges
per acre foot set for each aqueduct as provided in subdivision (b) of this section and
shall be paid by all Regular Customers of the Agency except North Marin for all water
delivered from the Transmission System except Surplus Water. All water delivered to
Santa Rosa and Windsor shall be deemed to be delivered from the Santa Rosa
Aqueduct, all water delivered to Rohnert Park, Cotati, and Petaluma shall be deemed to
be delivered from the Petaluma Aqueduct, and all water delivered to Sonoma and
Valley of the Moon shall be deemed to be delivered from the Sonoma Aqueduct.
(b) The aggregate amount to be received by the Agency from the various Aqueduct
Facilities Capital Charges for each Fiscal. Year, shall be sufficient to produce water sale
revenues to pay the Agency's Revenue Bond Obligations (after crediting any projected
payments to be made pursuant to subdivision (e) of Section 4.6) for such Fiscal Year
times the percentage for Aqueduct Facilities determined pursuant to. subdivision (b) of
Section 4.5, and to produce additional revenues in amounts determined from time to
time by the Water Advisory Committee to pay the Capital Costs of Aqueduct Facilities
pursuant to subdivision (c) of this section. The aggregate amount shall be allocated to
the respective aqueducts based on the following cost distribution ratios applied to the
estimated, or when known, actual Capital Costs for the various Aqueduct Facilities:
Facility
2nd pipeline, generally paralleling Interte Aqueduct,
Reach 1, Reach 2 and Reach 3a
Santa Rosa Aqueduct
Petaluma Aqueduct
Sonoma Aqueduct
Ratio .
6.6/55.8
20.9/55:8
6.8/55.8
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 42
2nd pipeline, generally paralleling Intertie Aqueduct,
Reach 3b and 3c
Santa Rosa Aqueduct -0-
Petaluma Aqueduct 20.9/42.4
Sonoma Aqueduct -0-
2nd pipeline, generally paralleling Petaluma Aqueduct from its junction with the
Intertie Aqueduct to Kastania Reservoir
Santa Rosa Aqueduct -0-
Petaluma Aqueduct 20.9/38.8
Sonoma Aqueduct -0-
2n,d pipeline, generally paralleling Sonoma Aqueduct
Santa Rosa Aqueduct -0-
Petaluma Aqueduct -0-
Sonoma Aqueduct 6.8/6.8
(These ratios are determined with the allocations in Sections 4.3 and 4.4 of Capital Costs
to North Marin, and with the following allocations to Common Facilities:
2nd pipeline generally paralleling Reaches 1, 2 and 3a of
the Interne Aqueduct: 12.8/55.8
2nd pipeline generally paralleling Reach 3b and 3c of the Intertie Aqueduct:
12.8/42.4
2nd pipeline generally paralleling the Petaluma Aqueduct from its junction with
the Intertie Aqueduct to Kastania Reservoir: 12.8/38.8)
(c) All money received by the Agency in payment of Aqueduct Facilities Capital
Charges shall be deposited and paid out as set forth in Section 1.7 and subdivision (b) of
Section 4:1. After making the payments required to satisfy the Agency obligations and
covenants with respect to the Revenue Bonds used to finance the Capital Cost of the
Aqueduct Facilities, remaining money received from the Aqueduct Facilities Capital
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 43
Charges may be disbursed from time to time to pay pursuant to subdivision (a) of
Section 4.5 the portions of the Capital Costs of the Remaining Facilities and Additional
Facilities which are also Aqueduct Facilities that are not.allocated to North Marin in
Section 4.3.
(d) If at the end of any Fiscal Year the balance in the Aqueduct Facilities Capital Charge
fund is insufficient to meet said Revenue Bond Obligations for the ensuing Fiscal Year
attributed to the Aqueduct Facilities, Agency will determine the deficits in the payment
received by it for deliveries from the Santa Rosa, Petaluma, and Sonoma Aqueducts
respectively. Before August 1 of the following Fiscal Year:
(1) Additional charges for water delivered in amounts equal to the deficits with
respect to the Santa Rosa Aqueduct shall be paid by Santa Rosa and Windsor in the
following manner: The share of such additional charge to be paid by each of said Water
Contractors shall be proportionate to the difference between the base share component
and the sum of the Aqueduct Facilities Capital Charge payments made by said Water
Contractor during said Fiscal Year. The base share component allocated to a Water
Contractor is the number obtained by multiplying the said total_ principal and interest
payment for said Fiscal Year by said Water Contractor's average daily rate of flow
during any month.Entitlement Limit set forth in subdivision (a) of Section 3.1 and by
dividing by the total of said average daily rate of flow during any month Entitlement
Limits for all Water Contractors being served from the Santa Rosa Aqueduct.
(2) Additional charges for water delivered in an amount equal to the deficit with
respect to the Sonoma Aqueduct shall be paid by Sonoma and Valley of. the Moon in the
following manner: The share. of such additional charge to be paid by each of said
Water Contractors shall be proportionate to the difference between the base share
component and the sum of the Aqueduct Facilities Capital Charge payments made by
said Water Contractor during.said.Fiscal Year. The base share component allocated to a
Water Contractor is the number obtained by multiplying the said total principal and
interest payment for said Fiscal Year by said Water.Contractor's average daily rate of
flow during any month Entitlement Limit set forth in subdivision (a) of Section 3.1 and
by dividing by the total of said average daily rate of flow during any month Entitlement
Limits for all Water Contractors being served from the Sonoma Aqueduct.
(3) Additional charges for water delivered in an amount equal to the deficit with
respect to the Petaluma Aqueduct shall be paid by Rohnert Park, Cotati and Petaluma
in the following manner excluding North Marin and Marin Municipal: The share.of
such additional charge to be paid by each of said Water Contractors shall be
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 44
proportionate to the difference between the base share component and the sum of the
Aqueduct Facilities Capital Charge payments made by said Water Contractor during
said Fiscal Year. The base share component allocated to a Water Contractor is the
number obtained by multiplying said total principal and interest payment for said
Fiscal Year by said Water Contractor's average daily rate of flow during any month
Entitlement Limit set forth in subdivision (a) of Section 3.1 and by dividing by the total
of all said average daily rate of flow during any month Entitlement Limits for all Water
Contractors being served from the Petaluma Aqueduct.
(e) If the Agency decides to issue a new series or issue of Revenue Bonds to finance
major replacements of portions or all of any aqueduct facility or if, with the approval of
the Water Advisory Committee, the Agency decides to levy one or more Aqueduct
Facilities Capital Charges to produce revenue to finance major replacements of portions
or all of any aqueduct facility, then the aggregate amount to be received by the Agency
from the respective Aqueduct Facilities Capital Charges for each Fiscal Year shall be
sufficient to produce water sales revenues, in addition to those required by subdivision
(b) of this section, in amounts determined from time to time by the Water Advisory
Committee to pay the Capital Costs of such major replacements. The Capital Costs of
major replacements to the facilities specified in Subsection 4.6(b) above shall be
allocated based .upon the ratios set forth in Subsection 4.6(b). The Capital Costs of
major replacements to the Intertie Aqueduct shall be allocated to the respective
aqueducts based on the following cost distribution ratios:
Intertie Aqueduct Reach 1:
Santa Rosa, Aqueduct
Petaluma Aqueduct.
Sonoma Aqueduct
Intertie Aqueduct Reach 2:
Santa Rosa Aqueduct
Petaluma Aqueduct
Sonoma Aqueduct
31:5/70.4
19.7/70.4
8.0/70.4
30.0/68.9
19.7/68.9
8.0/68.9
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 45
Intertie Aqueduct Reach 3:
Santa Rosa Aqueduct
20.0/58.9
Petaluma Aqueduct
19.7/58.9
Sonoma Aqueduct
8.0/58.9
4.7 Storage Facilities Capital Charge
(a) TI -ie Storage_ Facilities Capital Charge shall be a uniform annual charge per acre foot
and shall be paid by all Regular Customers of the Agency for all water delivered from
the Transmission System except Surplus Water, provided however, that North Marin
shall not be obligated to pay any. Storage Facilities. Capital Charge if North Marin
maintains potable storage reservoirs within its system with a total capacity equal to or
greater than one and one-half times the average daily volume of water delivered by the
Agency to North Marin during the previous July with the highest water delivery to
North Marin.
(b) The aggregate amount to be received by.the Agency from the Storage Facilities
Capital Charge for each Fiscal Year shall be sufficient to produce water sale revenues to
pay the Agency's Revenue Bond Obligations for such Fiscal Year (after crediting any
projected payments to be made pursuant to. subdivision. (e) of Section 4.6) times the
percentage for Storage Facilities determined pursuant to subdivision (b) of Section 4.5,
and to produce additional revenues in amounts determined from time to time by the
Water Advisory Committee to pay th'e Capital Costs of Storage Facilities pursuant to
subdivision (c) of this section.
(c) All money received.by the Agency.in payment of the Storage Facilities Capital
Charge shall be deposited and paid out as set forth in Section 1.7, and subdivision (b) of
Section 4.1. After making the payments from the Storage Facilities capital fund
required by Section 1.7, remaining money in said fund may be disbursed from time to
time to pay Capital Costs of Remaining Facilities, Additional Facilities and replacement
facilities that also are Storage Facilities, pursuant to Section 4.5.
(d) If at the end of any Fiscal Year the balance in the Storage Facilities capital fund is
insufficient to meet said Revenue Bond Obligations for such Fiscal Year attributed to the.
.Storage_ Facilities, each Water Contractor except North Marin will, before August 1, pay
to the Agency an additional charge per acre foot for all water delivered to it during the
Fiscal Year which additional charge when multiplied by all Acre Feet sold to. Regular
Customers except North Marin shall be equal to said deficit.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 46
4.8 Common Facilities Capital Charge
(a) The Common Facilities Capital Charge shall be a uniform annual charge per acre
foot and shall be paid by all Regular Customers of the Agency except North Marin for
all water delivered from the Transmission System except Surplus Water.
(b) The aggregate amount to be received by the Agency from the Common Facilities
Capital Charge for each Fiscal Year shall be sufficient to produce water sale revenues to
pay the Agency's Revenue Bond Obligations for such Fiscal Year (after crediting any
projected payments to be made pursuant to subdivision (e) of Section 4.6) times the
percentage for Common Facilities determined pursuant to subdivision (b) of Section 4.5.
(c) All money received by the Agency in payment of the Common Facilities Capital
Charge shall be deposited and paid out as set forth in Section 1.7 and subdivision (b) of
Section 4.1. After making the payments required by Section 1.7, additional money
received from the Common Facilities Capital Charge may be disbursed from time to
time pursuant to subdivision (a) of Section 4.5 to pay the portions of the Capital Costs of
Remaining Facilities, Additional Facilities, replacement facilities and the Potter Valley
Project that also are Common Facilities and that are not allocated to North Marin in
Section 4.3, and to satisfy the requirements of Section 6.04 of Ordinance No. 1 if the
amount of money received from the charge established by Section 4.2 is insufficient in
any Fiscal Year.
(d) if at the end of. any Fiscal Year the balance in the Common Facilities capital fund is
insufficient to meet the Agency's Revenue Bond Obligations for such Fiscal Year on the
Revenue Bonds attributed to Common Facilities, each Water Contractor except North
Marin shall, before August 1, pay to the Agency an additional charge per acre foot for
water delivered to it during the Fiscal Year, which additional charge when multiplied
by all Acre Feet sold to the Water Contractors shall be equal.to said deficit.
4.9 North Marin Capital Charge
(a) The North Marin Capital Charge shall be a uniform annual charge per acre foot and
shall be paid by North.Marin for all water delivered to it from the Transmission System
except Surplus Water.
(b) The aggregate amount to be received by the Agency from the North Marin Capital
Charge for each Fiscal Year shall be sufficient to produce water sale revenues to pay the
Agency's Revenue Bond Obligations for such Fiscal Year (after crediting any projected
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 47
payments to be made pursuant to subdivision (e) of. Section 4.6) `times the percentage
for North Marin's Capital Costs determined pursuant to subdivision (b) of Section 4.5.
(c) All money received by the Agency in payment of North Marin Capital Charge shall
be deposited. and paid out as set forth in Section 1.7 and subdivision (b) of Section 4.1.
After making any payments required by Section 1.7, additional money received from
the North Marin Capital Charge shall be deposited in the separate account described in
subdivision (c) of Section 4.4.
(d) If at the end of any Fiscal Year the balance in the separate fund described in
subdivision (c) of Section, 4.4 is insufficient to meet the portion of the Agency's Revenue
Bond Obligations for such Fiscal Year on the Revenue Bonds attributed to North
Marin's Capital Costs, North Marin will, before August 1, pay to the Agency an
additional charge per acre foot for water delivered to it during the Fiscal Year, which
additional charge when multiplied by all Acre Feet sold to North Marin shall be equal
to said deficit.
(e) If any money received pursuant to the Common Facilities Capital Charge is used
pursuant to subdivision (c) of.Sectiori 4.8 to satisfy the requirements of Section 6.04 of
Ordinance No. 1, then the North Marin Capital Charge shall be increased by.the
appropriate amount so that North Marin pays its appropriate share of such
requirements.
(f) If North Marin has not maintained storage, reservoirs within its system with at least
the capacity required by subdivision (a) of Section 4.7, and if, as a result, the Agency
constructs additional storage, then the North Marin Capital Charge shall be increased
by an amount sufficient to pay for the Capital Costs or Revenue, Bonds costs of such .
additional storage.
4.10 Power, Revenues
All power from the Warm Springs Hydroelectric Project and the Potter Valley
Project shall be applied to the operation of the Transmission System or shall be sold, as
the Agency shall from time to time determine. All revenues arising from the operation
Of these projects shall be treated the same as money received from the Operation and
Maintenance Charge and shall be deposited and paid out asset forth in Section 1.7 and
subdivision (b) of Section 4.1.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 148
4.11 Payment for Surplus Water and Water Sold To Marin Municipal
(a) The Agency will sell Surplus Water at a price per acre foot of not less than 120% of
the then current Operation and Maintenance Charge. All revenue from the sale of
Surplus Water shall be treated the same as money received from the Operation and
Maintenance. Charge and shall be deposited and paid out as set forth in Section 1.7 and
subdivision (b) of Section 4.1.
(b) Water delivered to Marin Municipal shall be sold at a per acre foot price that shall
not be less than the sum of the Operation and Maintenance Charge determined
pursuant to Section 4.2, the Russian River Conservation and Russian River Projects
Charges determined pursuant to Section 4.18, and a capital charge. For the Third
Amended Offpeak, Water Supply Agreement dated January 25, 1996, or any amendment
to that agreement that has been approved by the Water Advisory Committee, the
capital charge shall be the total of all charges paid to Agency by Marin Municipal minus
the sum of the Operation and Maintenance Charge and the Russian River Conservation
arld Russian River Projects Charges. For the Amended Agreement For The Sale of
Water Between the Sonoma County Water Agency and Marin Municipal Water District
dated January 25, 1996, or any amendment to that agreement that has been approved by
the Water Advisory Committee, the capital charge shall be the charge established by
paragraph b. of Section 10 of that agreement. Any subsequent agreement between the
Agency and Marin Municipal for the sale of water to be transported through the
Transmission System pursuant to Section 3.12 shall specify the capital charge that
applies to this section of this Agreement. All money received by the Agency from the
Operation and Maintenance Charge on water sold to Marin Municipal shall be credited
to the operation and maintenance fund. All money received by the.Agency from the
Russian River Conservation and Russian River Projects Charges on water sold to Marin
Municipal shall be credited to the Russian River Projects Fund and shall be used only
for the purposes set forth in subsection (jj) of Section 1.2. The balance of the money
received by the Agency from water sold to Marin Municipal shall be deposited and paid
out as set forth in Section 1.7, and. subdivision (b) of Section 4.1. After making the
payments required by Section 1.7 and Ordinance No. 1, additional money received may
be disbursed from time to time to pay the Capital.Costs of Storage Facilities or Common
Facilities authorized to be constructed in Section 2.2, provided, however, that only the
money received from $31.50 per acre foot of the capital charge (which rate is based on
the Agency's past and projected future capital investment in Storage Facilities) may be
used to pay the Capital Costs of new Storage Facilities.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY . 49
4.12 Minimum Payments by Other Agency Customers
Anything herein to the contrary notwithstanding, the Agency will not sell any
water to be delivered through the Transmission System (other than Surplus Water) to
any Other Agency Customer at a total price per acre foot that is less than 1.20% of the
highest price per acre foot then currently being paid by any Water Contractor;
provided, however, that this limitation shall not apply to water sold to Forestville. The
respective components of said price shall be credited to the appropriate fund referred to
in subdivision (a) of.Section 4.1 and the excess shall be credited to the aqueduct capital
fund for the aqueduct from which service is taken. Forestville's charge shallbe the
same as the total charge.for Water Contractors for water delivered from the Santa Rosa
Aqueduct, except that during the first ten (10) full Fiscal Yearsfollowing execution of
this Agreement, Forestville shall not pay the Santa Rosa Aqueduct Capital Sub -Charge.
4.13 Operations and Maintenance Charge - Water Management Planning
, The Agency shall calculate and collect as a part of the Operations and
Maintenance Chargea Water Management Planning Sub -Charge. The aggregate
amount of money to be received by the Agency from the Water Management Planning
Sub -Charge in each Fiscal Year shall be sufficient to produce water sale revenues to
cover the Agency's reasonable estimate of its costs for such Fiscal Year to carry out the
provisions of Section 2.7. All money received by the Agency in payment of the Water
Management Planning Sub -Charge shall be deposited by the Agency into a Water
Management Planning Fund and used to pay the Agency's costs in carrying out the
provisions of Section 2.7.
4.14 Operations and Maintenance Charge - Watershed Planning and Restoration
(a) The Agency shall calculate and collect as a part of the Operations and Maintenance
Charge a Watershed Planning and Restoration Sub -Charge.
(b) The aggregate amount of money to be received by the Agency from the Watershed
Planning and Restoration :Sub -Charge in each Fiscal Year shall be sufficient to produce
.water sale revenues to cover the Agency's reasonable estimate of costs for such Fiscal
Year (net of funding provided by other sources, including the Russian River Projects,
Fund and the Agency's General.Fund). of carrying out: (1) fishery mitigation,
enhancement, and environmental compliance activities and projects undertaken by.the
Agency, including the Agency's costs of complying with the Endangered Species Act or
any other applicable federal, state, or local environmental statute or regulation, if such
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 50
activities, projects, and costs are reasonably necessary, to enable the Agency to provide
water to Regular Customers under this Agreement; (2) the evaluations undertaken
pursuant to Section 2.4(b); and (3) actions, studies or projects authorized pursuant to
Section 2.8 of this Agreement that -are not covered by other funding sources and
contributions. The Agency shall not use proceeds from the Watershed Planning and
Restoration Sub -Charge to pay for the capital cost or operation and maintenance cost of
recreation facilities.
(c) Notwithstanding Subsection 4.14(b) above, during the first five full Fiscal Years
following the effective date of this Agreement, the Watershed Planning and Restoration
Sub -Charge shall not exceed $35.00 per acre-foot.
(d) To assist in determining the appropriate share of fishery mitigation, enhancement,
and environmental compliance activities and projects undertaken by the Agency to be
paid by the Water Contractors under the Watershed Planning and Restoration Sub -
Charge, the Agency shall, from time to time as reasonably necessary, prepare an
analysis that (1) identifies planned fishery mitigation, enhancement, and environmental
compliance activities and projects, (2) identifies the costs and beneficiaries of such
activities and projects, (3) proposes an allocation of costs among all benefitted parties,
and (4) recommends sources of funding for such activities and projects.
(e) The Agency shall use its best efforts to amend its existing contracts with Russian
River Customers to require Russian River Customers to pay the Watershed Planning
and Restoration Sub -Charge or fund or implement watershed planning and restoration
projects at a level equivalent to that funded by.the Agency under this Agreement.
(f) In addition to the Watershed Planning and Restoration Sub -Charge, the Agency may
assess against the Water. Contractors such supplemental charges as are authorized and
agreed to under Section. 2.8(c). Supplemental charges under this subsection shall not be
included in determining the minimum payments by Other Agency Customers pursuant
to Section 4.12 or by Windsor pursuant to Section 4.17.
(g) . All money received by the Agency in payment of the Watershed Planning and
Restoration Sub -Charge shall be deposited by the Agency into a Watershed Planning
and Restoration Fund and used for the purposes set forth in Section 4.14(b). All money
received by the Agency in payment of any supplemental charges pursuant to Section
4.14(d) shall be deposited into separate account(s) and used to pay the costs of projects
authorized and agreed to pursuant to Section 2.8(c).
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 51
4.15 Operations and Maintenance Charge — Recycled Water and Local Supply
The Agency shall calculate and collect as a part of the Operations and
Maintenance Charge a Recycled Water and Local Supply Sub -Charge. The Recycled.
Water and Local Supply Sub -Charge; shall be a uniform charge per acre-foot and shall
be paid by all Regular Customers and Russian River. Customers for all water taken from
the Transmission System or under the Agency's water rights. The aggregate amount of
money to be received by the Agency from the Recycled Water and Local Supply Sub. -
Charge in each Fiscal Year shall be sufficient to produce water sale revenues to cover
the Agency's estimate of its costs for such Fiscal Year to carry out the provisions of
Section 2.6; provided, however, that during the first five full Fiscal Years. following the
effective date of this Agreement, the Recycled Water and Local Supply Sub -Charge shall
not exceed $35.00 per acre-foot. The,Agency shall use its best efforts to amend its
existing contracts with Russian River Customers to require Russian River Customers to
pay the Recycled Water and Local Supply Sub -Charge. Monies collected from the
Recycled Water and Local Supply Sub -Charge shall be deposited in a Recycled .Water
and Local Supply Fund created by the Agency. The Recycled Water and Local Supply
Fund shall be used only to pay or partially pay for the costs of Recycled Water Projects
or the acquisition of Recycled Water or the rights thereto pursuant to Section 2.6 of this
Agreement. Notwithstanding the foregoing sentence, revenue from the Recycled Water
and Local Supply Sub -Charge collected by the Agency from Windsor pursuant to
Section 4.17(b) shall be placed in a separate account and made available to Windsor for
funding Windsor's local or regional Recycled Water Projects.
4.16 Operations and Maintenance Charge — Water Conservation
(a) The Agency shall calculate and collect as a part of the Operations and
Maintenance Charge a Water Conservation Sub -Charge. Monies.collected from the
Water Conservation Sub -Charge shall be deposited in a Water Conservation Fund
created by the Agency. The Water Conservation Fund shall be used only, to pay or
partially pay for the cost of Water Conservation Projects. The aggregate amount of
money to be received by the Agency from the Water Conservation Sub -Charge for each
Fiscal Year shall be sufficient to cover the Agency's estimate of the total cost of all Water
Conservation Projects for such Fiscal Year. From and after July 1, 1998, a total of fifteen
million dollars ($15,000,000)shall be expended to implement Water Conservation
Projects pursuant to the Water Conservation Plan dated June 29, 1998. The $15;000,000
shall be allocated as follows: Cotati 2.10%, Petaluma 18.53%, Rohnert Park 10.37%,,
Santa Rosa 40.25%, Sonoma 4.15%, Forestville 0.66%, North Marin 19.50%, Valley of the
Moon 4.43%. Until the total of $15,000,000 has been expended as set forth above, the.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
52
Agency shall not fund Water Conservation Projects for or on behalf of Windsor. The
Water Conservation Projects for which said $15,000,000 is to be expended, have been
approved by the Water Advisory Committee.
(b) The Agency shall use its best efforts to amend its existing contracts with Russian
River Customers to require Russian River Customers to fund or implement Water
Conservation Projects at a level equivalent to that funded by the Agency under this
Agreement. Notwithstanding the penultimate sentence in Section 4.16(a), revenue
from the Water Conservation Sub -Charge collected by the Agency from Windsor
pursuant to Section 4.17(b) shall be placed in a separate account and made available to
Windsor for funding Windsor's Water Conservation Projects.
4.17 Payments by Town of Windsor
(a) Notwithstanding anything in this Agreement to the contrary, for the first fifteen (15)
full fiscal Years following. execution of this Agreement, the amount payable by Windsor
for water delivered by the Agency through the Transmission System shall be 120% of
the highest price per acre foot then currently being paid by any Water Contractor
receiving water from the Santa- Rosa Aqueduct. The respective components of said
price shall be credited to the appropriate fund referred to in subdivision (a) of Section
4.1 and the excess shall be credited to the aqueduct capital fund for the aqueduct from
which service is taken. Beginning with the sixteenth (16th) full Fiscal Year following
execution of this Agreement and thereafter, all water delivered to Windsor by Agency
through the Transmission System will be deemed delivered from the Santa Rosa
Aqueduct and the amount payable by Windsor for said water determined accordingly.
(b) For all water diverted directly by Windsor from the Russian River using its own
facilities, whether under the Agency's water rights or Windsor's. water rights, Windsor
shall pay only the charges set forth in the Agreement for Sale of Water between the
Agency and Windsor dated January 8, 1991, as amended, including the sub -charges set
forth in Sections 4.13, 4.14, 4.15, and 4.16.
4.18 Payment of Russian River Conservation Charge and Russian River Projects
Charge by North Marin
In addition to the other charges provided for in this Part, North Marin shall pay
the following additional per -acre-foot charges:
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 53
(a) A Russian River Conservation Charge shall be paid in lieu of the property taxes
levied by the Agency on property in. Sonoma County, to pay the capital, Operation and
Maintenance Costs associated with the Warm Springs Dam Project. The Russian River
Conservation Charge shall be a charge per acre foot of water delivered to North Marin
hereunder, except Surplus Water` The charge shall be ,determined annually on or before
April 30 preceding each Fiscal Year and shall be payable by North Marin during the
ensuing Fiscal Year. The Russian River Conservation Charge shall be determined by
multiplying the tax rate levied.by the Agency in the then current Fiscal Year to pay the
costs associated with the Warm Springs Dam Project times the assessed value of
secured and unsecured property situated within-Cotati, Petaluma, Rohnert Park, Santa
Rosa, Sonoma, Forestville and Valley of the Moon and dividing. the product by the total
number of Acre Feet of water delivered to Cotati, Petaluma, Rohnert Park, Santa Rosa,
Sonoma, Forestville and Valley of the Moon pursuant to Section 3.1 and 3.3 during the
twelve month period ending on March 31. All money received by the Agency from the
Russian River Conservation Charge on water sold .to North Marin shall be credited to
the Russian River Projects Fund and shall be used only for the purposes set forth in
subsection (j)) of Section 1.2.
(b) A Russian River Projects Charge shall be paid in lieu of the property taxes levied -on
property in Sonoma County and other Agency general fund monies which are
transferred to the Agency's Russian River Projects Fund and expended for the purposes
enumerated in subsection (jj) of Section 1.2. The Russian River Projects Charge shall be
effective on the first day of the first month following the effective date of this
Agreement and shall thereafter be determined annually on or before April 30 preceding
each Fiscal Year and shall be payable by North Marin during the ensuing Fiscal Year.
The Russian River Projects Charge shall be determined by dividing the total amount of
Agency monies expended from the Agency's.Russian River Projects Fund in the
preceding ten Fiscal Years, exclusive of the funds contributed to the Fund by North
Marin and Marin Municipal Water District, and interest earnings attributable to funds
contributed by North Marin and Marin Municipal Water District, by the sum of the total
acre-feet of water delivered by the Agency to Cotati, Petaluma, Rohnert-Park, Santa
Rosa, Sonoma, Forestville and Valley of the Moon pursuant to Sections 3.1 and 3.3 of
this Agreement during the preceding ten Fiscal Years and multiplying the quotient by
the ratio that the assessed value of secured and unsecured property situated within
Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, Forestville and.Valley of the Moon
bears to the assessed value of all secured. and unsecured property within Sonoma .
County, provided, however, in no event shall the Russian River Projects Charge exceed
$20.00 per acre-foot. The Agency.shall keep proper books, records and accounts in
which complete and accurate entries shall be made of all Agency general fund monies
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 54
transferred to the Agency's Russian River Projects Fund and all expenditures made
from the fund for the purposes set forth in subsection (jj) of Section 1.2. The Agency
shall maintain a separate account within the Russian River Projects Fund for Russian
River Projects Charges paid by North Marin and Marin Municipal Water District.
Monies expended from the Russian River Projects Fund shall be deemed to have been
expended from the North Marin and Marin Municipal Water District account in the
proportion that the balance of that account bears to the total Russian River Projects
Fund balance at the end of the Fiscal Year quarter preceding the expenditure. All.
money received by the Agency from the Russian River Projects Charge on water sold to
North Marin shall be credited to the Russian River Projects Fund and shall be used only
for the purposes set forth in subsection (jj) of Section 1.2.
4.19 Billing and Time of Payment
Except as otherwise expressly provided herein, all charges payable to the Agency
shall be billed each month and paid within 30 days after receipt of bill.
Notwithstanding any dispute between the Agency and a Water Contractor, such Water
Contractor will pay all its bills when due and shall not withhold all or any part of any
payment pending the final resolution of such. dispute. If the resolution of the dispute
results in a refund to the Water Contractor, the Agency shall make such refund plus any
interest earned by investment of the disputed funds as promptly as it is able to do so,
consistent with its meeting its Revenue Bond Obligations.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 55
PART 5 - Water Advisory Committee/Technical Advisory Committee
5.1 Purpose
(a) There is hereby created the Water Advisory Committee and the Technical
Advisory Committee.
(b) The purpose of the Water Advisory Committee is to perform the functions
specified herein and to review all proposals set forth by the Agency which involve a
significant capital outlay for the Transmission System or any other project which would
significantly change the level of service or add significantly to,the operations and
maintenance expense of the Transmission System or other expense to be borne by the
Water Contractors. The purpose of the Technical Advisory Committee is to advise the
Water Advisory Committee.
5.2 Powers
Except as provided herein to the contrary, the power of the Water Advisory
Committee is limited to that of collective spokesperson for the Water Contractors and
shall be advisory only in nature. Nothing shall preclude a Water Contractor from
setting forth a view contrary to that of the majority of the Committee. No action of the
Committee limits or impairs any right or power of any Water Contractor. The Technical
Advisory Committee shall have no powers"other than the power to make
recommendations to the Water Advisory Committee.
5.3 Composition and Voting
(a) The Water Advisory Committee shall be composed of one representative and one
alternate who shall serve in absence of the representative, to be selected by each Water
Contractor. The,representative and alternate shall be elected members of and
appointed by the governing board of the Water Contractor. The Water Advisory
Committee shall generally meet quarterly as it determines necessary, which shall
include at least one meeting per calendar year with_ a liaison from the Board of Directors
of the Agency who is a member of and appointed by said Board. Each, Water
Contractor's representative will be allocated a weighted vote proportional to the
average daily rate of flow during any month Entitlement Limit from the Transmission
System applicable to such Water Contractor. An affirmative vote of said Committee
shall be recorded and require both of the following: (1) the affirmative vote of more
than fifty percent (50%) of the total weighted votes as defined above; and (2) the
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 56
affirmative vote of at least five (5) representatives. if the Water Advisory Committee
does not affirmatively vote to approve any matter before it for a decision, then the
matter shall be deemed not approved_ A representative or alternate appointed by the
Board of Directors of the Marin Municipal Water District, each of which must be
members of said board, may attend and participate, debate, express opinions and
present information at meetings of the Water Advisory Committee but shall not have a
vote. If the approval, determination, or consent of the .Water Advisory Committee is
authorized or required on any non -advisory matter pursuant to this Agreement, the
vote of the Water Advisory Committee on such matter shall be evidenced by a writing,
executed by the chairperson or secretary, evidencing (a) the vote of each member, (b)
whether the vote of the Committee was in the affirmative, and (c) if the vote was in the
affirmative, a description of the approval, determination, or consent given by the
Committee.
(b) The Technical Advisory Committee shall be composed of one non -elected
representative selected by each Water Contractor. The Technical Advisory Committee
shall generally meet monthly as it determines necessary. Each Water Contractor's
representative will be allocated the same weighted vote applicable to that Water
Contractor under Section 5.3(a). An affirmative vote of said Committee shall require
both of the following: (1) the affirmative vote of more than fifty percent (50%) of the
total weighted votes as defined above; and (2) the affirmative vote of at least five (5)
representatives. A representative or alternate appointed by the Marin Municipal Water
District Board of Directors may attend and participate, debate,express opinions and
present information at meetings of the Water Advisory Committee but shall not have a
vote. The Water Advisory Committee may require the Technical Advisory Committee
to create subcommittees and ad hoc committees. Persons serving on such committees
shall be elected officials, staff or, contract staff of the Water. Contractor they represent.
(c) The Technical Advisory Committee shall create a standing Water Conservation
Subcommittee. The Water Conservation Subcommittee shall make recommendations to
the Technical Advisory Committee with respect to any determination of the Water
Advisory Committee contemplated under Section 1.12 of this Agreement, and shall
perform other such duties. with respect to Water Conservation Projects as may be
requested by the Technical Advisory Committee.
(d) Once every two years, on a date selected by the Water Advisory Committee, the
Water Advisory Committee shall elect from among its members two officers: a.
chairperson and vice chairperson. Officers shall serve for the ensuing two Fiscal Years.
An officer may serve a second or subsequent consecutive two-year terms only if each
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 57
such term is approves] by a unanimous vote of the Water Contractors. Furthermore, an
officer can be removed and replaced at any meeting called by five Water Advisory
Committee members provided all Wafter Advisory Committee members are notified in
writing a minimum of five working days prior to the meeting. In the event an officer
either: (1) loses his/her status as a duly elected local official serving on the governing
board of the Water Contractor they represent or (2) loses his/her appointment as
representative of the Water Contractor on the Water Advisory Committee, the officer
position held shall be vacated. The Water Advisory Committee shall elect a new officer
who shall fill out the balance of the vacated term. Voting for officers shall be as
provided in subsection (a) of this section.
(e) By November of each year, subject to the limitations in Section 4.16(a), the Water
Advisory Committee shall review proposed Water Conservation Projects, Recycled
Water Projects, and Local Supply Projects and approve and report to the Agency those
projects that are to receive funding in the next or later fiscal years.. It is the intent of the
parties to this Agreement that over the term of the Agreement, Regular Customers shall
receive funding support for Water Conservation Projects, Recycled Water Projects, and
Local Supply Projects in proportion to the amounts paid by Regular Customers under
Sections 4:15 and 4.16.
(f) Commencing with the first Fiscal Year following the effective date of this
Agreement, the Agency shall include in its operating budget the amount of $30,000
which the Agency shall expend as the. Water Advisory Committee directs for purposes
associated with the orderly implementation and operation of the provisions of this
Agreement and other associated purposes deemed appropriate by the Committee. The
annual amount may fixed at a higher or lower amount in subsequent Fiscal Years as
determined by vote of the Committee pursuant to subsection (a) of this section. The
Water Advisory Committee.shalI decide which, if any, consultant or consultants, firm or
firms shall be hired to carry out this work.
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 58
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date first above written.
SONOMA COUNTY WATER AGENCY
By: Date:
ATTEST:
CITY OF COTATI
By: Date:
Mayor
ATTEST:
Date:
City Clerk
CITY OF PETALUMA
By: Date:
Mayor
ATTEST:
City Clerk
CITY OF ROHNERT PARK
By: Date:
Mayor
AFproved as to form:
RESTRUCTURED AGREEMENT FOR WATER SUPPLYAkA 59
Agno,
SI3 tf"
00 Attorney
ATTEST:
City Clerk
CITY OF SANTA ROSA
By: Date:
Mayor
ATTEST:
City Clerk
CITY OF SONOMA
By: Date:
Mayor
ATTEST:
City Clerk
FORESTVILLE COUNTY WATER
DISTRICT Date:
By:
President
ATTEST:
Secretary
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
60
NORTH MARIN WATER
DISTRICT Date:
By:
President
ATTEST:
TOWN OF WINDSOR Date:
tiavor
ATTEST:
Town Clerk
VALLEY OF THE MOON WATER
DISTRICT
By:
President
ATTEST:
Secretary
Date:
Secretary
RESTRUCTURED AGREEMENT FOR WATER SUPPLY 61
u
RESTRUCTURED AGREEMENT FOR WATER SUPPLY
62
Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk:. Use Only)
held on the 2°d & 4'h Tuesdays of each month: Council: X
• Resolutions (other than standard formats for authorizations and approvals), Ordinances Miscellaneous
& Agreements to Assistant City Attorney via email to review for "approvals as to form"
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates Communications
• Agenda Item's with related attachments via email to City Clerk DUE no later than Agenda )C y/ig/oma
NOON Two (2) Fridays prior to Council meeting dates Copy to: crr.
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk Copy to:
no later than Tuesday mornings One (1) week prior to Council meeting dates
• Agenda Packets distributed to City Council and Agendas posted/distributed/mailed FOR RESO. NO.
on Wednesday afternoons One (1) week prior to Council meeting dates for
compliance with Rohnert Park Municipal Code Section 2.08.050 ®v SJ
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
Department: 'Recreation
Submitted By: Guy Miller, Recreation Services Manager
(Nome & Title)
Submittal Date: April 13, 2006
Agenda (Subject Only) Title: AUTHORIZING AND APPROVING ADJUSTMENTS TO
MISCELLANEOUS RECREATION PART-TIME PAY
RATES AND RANGES
Requested Council Action: Approve adjustments to various part-time Recreation pay
rates and ranges.
Summary: The Recreation Department periodically makes cost of living adjustments to various
part-time positions. These positions include lifeguards, swim instructors, camp counselors,
recreation leaders, facility attendants, and clerical staff. The last adjustments were made in 2004.
The State Legislature has passed a bill that proposes to raise the minimum wage by $0.50 in
2006 and another $0.50 in 2007. The minimum wage is currently $6.75. The Governor has
already stated that he will sign the .bill. The new minimum wage will be higher than several of
the Recreation Department's positions so an adjustment to all positions will be necessary. Staff
proposes making one adjustment to the 2007 minimum wage. This change will minimize
administration of the mandatory change and ensure that the City is competitive in its recruitment
of part-time employees for Recreation programs.
The proposed change represents a twelve percent increase to the existing rates of pay_ The total
cost of this increase is $46,000 and has been incorporated into the 2006-2007 budget.
Enclosures: Resolution, current and proposed rate schedules
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: onsent Item ( ) Regular Time
64 Approval () Public Hearing Required
( ) Not Recommended () Submitted with Comment
( ) Policy Determination by Council
{ )City Comments: /
J
City Manager's Signature: ettt� Date:.
City Manager Pro Tempore el Schwarz
RESOLUTION NO. 2006 - 109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING ADJUSTMENTS TO
MISCELLANEOUS RECREATION PART-TIME PAY RATES AND RANGES
WHEREAS, Rohnert Park relies heavily on apart -time labor force to operate the
swimming pools, Sports & Fitness Center, summer camps, after school programs, and
other programs, and
WHEREAS, the Recreation Department wishes to recruit and retain quality part-
time employees to perform these tasks and
WHEREAS, it is necessary to periodically adjust part-time salaries to allow for
the increased cost of living and competition for this part-time labor force and
WHEREAS, California State Minimum Wage is proposed to increase by one
dollar by 2007 and several of the Recreation Department's part time positions will then
be lower than the minimum wage and
WHEREAS, the last time part-time rates were adjusted was in 2004.
DE IT RESOLVED by the City Council of the City of Rohnert Park that it does
hereby authorize and approve certain adjustments to miscellaneous part-time salary
ranges and rates.
DULY AND REGULARLY ADOPTED this 25a' day of April, 2006.
r
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor Tim Smith
PAY RATES AND RANGES
MISCELLANEOUS PART-TIME
EFFECTIVE 7/1/04
TITLE RANGE STEP A STEP B STEP C STEP D STEP E
Pool Cashier 33X 6.95 7.30 7.66 8.05 8.45
Facility Attendant I
Recreation Leader I 34X 7.21 7.57 7.95 8.35 8.76
Scorekeeper
Recreation Leader H
Facility Attendant H 37X 7.72 8.11 8.51 8.94 9.38
Lifeguard/Cashief 38X 7.93 8.33 8.74 9.18 9.64
Instructor/Lifeguard I (WSI)
40X
8.33
8.75
9.18
9.64
10.13
Instructor/Lifeguard H (LGI)
41X
8.47
8.89
9.34
9.81
10.30
Senior Rec. Leader
43X
. 8.74
9.18
9.64
10.12
10.62
Senior Lifeguard
Sports Center Coordinator 45X 9.40 9.87 10.36 10.88 11.43
Pool Manager 53X 10.62 11.15 11.71 12.29 12.91
Recreation Coordinator
Senior Pool Manager 59X 11.71 12.30 12.91 13.56 14.23
Clerical Up to $16.00/hour
Special Instructor Up to $30.00/hr
City of Rohnert Park Updated 4/14/2006
PAY RATES AND RANGES
MISCELLANEOUS PART-TIME
PROPOSED FY 06-07
TITLE RANGE STEP A STEP B STEP C STEP D STEP E
Pool Cashier 33X 7.78 8.17 8.58 9.01 9.46
Facility Attendant I
Recreation Leader I 34X 8.08 8.48 8.91 9.35 9.82
Scorekeeper
Recreation Leader II
Facility Attendant H 37X 8.65 9.08 9.54 10.01 10.51
Lifeguard/Cashier
38X
8.88
9.32
9.79
10.28
10.79
Instructor/Lifeguard I (WSI)
40X
9.33
9.80
10.29
10.80
11.34
Instructor/Lifeguard H (LGI)
41X
9.49;
9.96
10.46
10.99
11.54
Senior Rec. Leader
43X
9.79
10.28
10.79
11.33
11.90
Senior Lifeguard
Sports Center Coordinator
45X
10.53
11.06
11.61
12.19
12.80
Pool Manaser
53X
11.89
12.48
13.11
13.76
14.45
Recreation Coordinator
Senior Pool Manager 59X 13.12 13.78 14.46 15.19 15.95
Clerical Up to $20.00/hour
Special Instructor Up to $30.00/hr
City of Rohnert Park Updated 4/14/2006
Council: X
Miscellaneous
Communications
A enda'}. S.
RESOLUTION NO. 2006--i L n Cop" to:
Co to:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK * Icl.oro.•4�U �
REJECTING THE CLAIM OF
Shannon Karkalla
[Tires & Motor Mounts Damaged from Alleged Pothole]
BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for
alleged damages dated March 22, 2006 and received March 28, 2006 is hereby rejected.
DULY AND REGULARLY ADOPTED this 25th day of April, 2006.
CITY OF ROHNERT PAW
/ Mayor Tim Smith
Rohnert Park Claim No. 2066-12
RESOLUTION NO. 2006- 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING TBE CLAIM OF
F. Robert & JoAnn Sotelo
[Alleged Water Damage to Home]
BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for
alleged damages dated March 9, 2006 and received March 9, 2006 is hereby rejected.
DULY AND REGULARLY ADOPTED this 25th day of April, 2006.
CITY OF ROHNERT PARK
Mayor Tim Smith
Rohnert Park Claim No. 2006-14
19.0&2 Aw
RESOLUTION NO. 2006- 112
Council: X
Miscellaneous
Communications —H
Agenda Z-5.
Copy to -
copy to:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING THE CLAIM OF
Janene Rose Kelly
[Alleged Police Action leading to lost wedding ring]
BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for
alleged damages dated March 28, 2006 and received March 28, 2006 is hereby rejected.
DULY AND REGULARLY ADOPTED this 25"' day of April, 2006.
CITY OF ROHNERT-PARK
Mayor Tim Smith
ATTEST:
Ci lerk
Rohnert Park Claim No. 2006-16
Ic , ft �}
Agenda Packet Preparation TIMELINES for Regular City CouncilMeetings
held on the 2nd & 4`h Tuesdays of each month:
• Resolutions (other than standard formats for authorizations and approvals), Ordinances .
& Agreements to Assistant City Attorney via email to review for "approvals as to form"
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates
• Agenda Items with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk
no later than Tuesday mornings One (1) week prior to Council meeting dates
• Agenda Packets distributed to City Council and Agendas posted/distributed/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for
compliance with Rohnert Park Municival Code Section 2.08.050
{This section for City Clerk Use* Only)
Council: X
Miscellaneous
Communications
A enda ZS O(0
Copy to:
copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: April 25, 2006
. . Department: Administration
Submitted By: Dan Schwarz, Assistant City Manager
(Name & Tide)
Submittal Date: April 18, 2006
Agenda (Subject oniy) Title: League of Cities Presentation on Legislative Matters
Requested Council Action: Discussion and direction to staff concerning legislative issues.
Summary: Amy O'Gorman, Regional Public .Affairs Manager, North Bay & Redwood Empire
Divisions League of California Cities, will make two presentations to the Council." The first
presentation concerns proposals for telecommunications reform in Congress and the California
Legislature. The second presentation will be an overview of bills currently being considered by
the California Legislature. Ms. O'Gorman has submitted the attached material for the Council's
review. She reports that she will circulate an updated matrix of bills in the Legislature prior to
the April 25 Council meeting.
Staff is seeking direction on bills for which the Council may wish to adopt positions at its May 9
meeting. In addition, the Council may wish to give direction to those Councilmembers that are
planning to attend the"League's Legislative Action Days.on May 17-18, 2006
Enclosures: Telecommunications Matrix, Telecommunications Update, LA Times article, April '06 Legislative
Matrix
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda. item have been reviewed and approved as to form by the City Attorney.
CITY,MANAGER'S_RECOMMENDATION: ( ) Consent Item Regular Time
.KApproval ( O Public Hearing Required
O Not Recommended O Submitted with Comment
(. ) Policy Determination by Council
)'City Comments:, G
City Manager's Signature: Date: 7 7
City Manager Pro Tempore Daniel Sc arz
19t/O b
cf-111
�.,LEAGUE►E.
MEMORANDUM
To: Members, North Bay Division
From: Amy O'Gorman
Re Telecommunications Background and Update
Date: April 13, 2006
Amy O'Gorman, Regional Representative
North Bay and Redwood Empire Divisions
P.O. Box 623, Sonoma, CA 95476
Phone: 707.291.3270 Fax: 707.939.8703
ww-w.caci6es.org
Background on current state and federal Proposals:
The telecommunications debate at both the state and federal levels continues to be a key
issue for cities. The discussion is heating up across the country and certainly within
California.
This past week AT&T began airing TV commercials and placing full page ads in larger
news publications, including the LA Times, urging the Legislature to "take action."
Assembly Speaker. Fabian Nunez (D -Los Angeles) and'Assembly Member Lloyd Levine
(D -Van Nuys) held a joint press conference on April 6, 2006 announcing amendments to
AB 2987, entitled the Digital Infrastructure and Video Competition Act of 2006, that
would create a new statewide franchise to be administered by the Department of
Corporations, allowing larger telecommunications companies like AT&T and Verizon to
"better compete" against existing cable operators.
Speaking in a Capitol hearing room that had been redecorated to appear as a "stuck in the
1,960s" living room - including a black -and -white TV with "snow" the predominant
picture - the Speaker and Assembly Member Levine asserted that Californians needed
this bill to ensure the expansion of video and Internet infrastructure.
Meanwhile, discussions continue from city -to -city as.AT&T moves forward on "Project
Lightspeed," a $44 billion high speed fiber-optic upgrade to enable them to offer faster
internet and video to existing customers.
At the federal level, just one week after holding a hearing on a draft. federal
telecommunications reform bill, the House Telecommunications and the Internet
Subcommittee marked up a measure, which aims to expedite the provision of video
service by telecommunications companies through the creation of a national franchise
system to be administered by the FCC.
The unnumbered draft measure, entitled "Communications, Promotion, and Enhancement
Act of 2006" (COPE Act) was unveiled by the House Energy & Commerce Committee's
Republican leadership last week after bipartisan negotiations on a federal
telecommunications law reform measure broke down.
What is the League doing in response to the state and federal proposals?
The League and other local government organizations have significant concerns with
both the federal and state approaches
AB 2987. On April 6, the League issued a press statement listing concerns with AB 2987.
These included concerns about build out provisions, consumer protection and customer
service, the loss of video services to libraries and schools, loss of control over PEG
channels and PEG support, loss of local control over public rights-of-way, and loss of
local revenues from franchise fees and other local fees and taxes.
The bill has been referred to the Assembly Committee on Utilities and Commerce, where
we expect it will be heard on April 24, 2006.
COPE Act. In Washington D.C., the League worked with other local government
organizations to push for amendments to similar concerns identified with the draft federal
measure.
Two Californians are on the subcommittee marking up the measure: Representatives
George Radanovich (R -Fresno) and Anna Eshoo (D -Palo Alto). Supporting concerns
raised by local governments, Congresswoman Eshoo offered an amendment during the
committee mark up to clarify that providers of "Internet protocol" video service (IPTV),
such as AT&T, would be included in the bill along with cable video service.
This issue became a focal point of the markup, as AT&T had submitted a letter (posted
on the League's website at www.eacities.org/telecom) to Committee Ranking Member
John Dingell (D -Mich..), asserting that the company's new enhanced internet/video
service does not qualify as a cable service under current Jaw or under the Republican
draft measure - leaving the company free to pursue its own contract arrangements to
provide service outside the framework of the new federal proposal.
Congresswoman Eshoo's amendment was defeated after committee Chairman Joe Barton
(R -Texas) maintained that the language adopted in the Republican committee draft
included IPTV as a.cable service, despite AT&T's insistence otherwise.
The. subcommittee went on to defeat two. other amendments supported by local
government groups. These was an amendment to require a build -out schedule .for new
video service providers; and aft amendment to maintain local government control of
public rights-of-way and settle public rights-of-way enforcement disputes locally, rather
than at the Federal Communications Commission (FCC) as the draft bill prescribes.
A third amendment that sought to maintain current local government consumer protection
mechanisms was withdrawn when the Republican committee leadership committed to
work on similar language in the measure as it moves to markup at the full committee
level.
Next Steps with COPE:
While these amendments were not successful at the subcommittee markup, another
opportunity to present similar amendments during the full .committee markup remains..
The League continues to work with California members on the committee, who are Reps.
Waxman, Eshoo, Radanovich, Capps, Bono and Solis, and the national local government
groups to refine these amendments and seek their adoption in the full committee markup,
which is expected to occur later this month.
A
e
J
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Issue
Federal .(COPE Act)
State (AB 2987)
League of CA Cities
Telecom Policy
Franchise
The Communications,
The Digital
Promotion, and
Infrastructure and Video
Enhancement Act of
Competition Act of 2006
.2006" (COPE Act)
establishes a procedure
establishes a national
for "state -issued,
franchise to be
authorizations" for the
administered by the
provision of video, voice
Federal
and broadband services
Communications
to be administered by
Commission (FCC) for
the State Department of
companies that want to
Corporations (the
provide cable services.
Department).
Allows incumbent cable
The Department serves
operators to abandon
at the sole franchising
existing, locally granted
authority of state -issued
franchises as soon as
authorizations.
the federally certified
national. franchise
Requires any person
holder commences
who seeks to provide
cable service in the
cable or video service
incumbent's service
(telecom providers) to
area.
file an application with
Provides that if a new
the Department for a
provider decides to
state -issued
abandon attempt to
authorization.
provide service under
the national franchise
Provides that current
in a service area, the
franchise holders will be
incumbent cable
eligible to apply for
operator must
state -issued
negotiate a new local
authorizations on the
franchise.
expiration of their
existing franchise
Requires the
agreements.
incumbent operator to
resume complying with
the previously -
abandoned local
franchise.
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications Reform Proposals in Relation to.
League Of California Cities' Telecommunications Policy Framework
Build Out / Access
to Service
Prohibits discrimination
based on income, but
appears to allow a new
cable provider through
the national franchise
to cherry pick which
areas it plans to
service.
The draft is silent on
the subject of build -out.
The provisions do not
ensure that video
services will be equally
available throughout a
community.
Allows video service
providers three years to
build out video service,
and to self -define the
area they will service.
Prohibits telecom
providers from
discriminating on the
basis of income, but
leaves the potential for
telecom providers to
gerrymander their
service area, thereby
avoiding low income
areas.
Does not grant local
governments the
authority to challenge
the adequacy of the
service area"footprint.
Provides that some
areas may only be
provided satellite or
"another alternative
technology" when the
video service provider is
not able to physically
buildout service to all
areas of their service
area footprint.
The League is
concerned that these
"alternatives" may not.
be comparable to
services offered in other
parts of the service
area.
All local community
residents should be
provided access to all
available tele-
communications
services.
Telecommunications
providers should be
required to specify a
reasonable timeframe
for deployment of
telecommunications
services that includes
a clear plan for the
sequencing of the.
build -out of these
facilities within the
entire franchise area.
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications. Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Consumer
Requires the FCC to
Effectively preempts
State consumer
Protection
adopt national
local government from
protection laws should
consumer protection
adopting and enforcing
continue to apply as a
standards, but appears
customer service
minimum standard
to prohibit local
standards for those
and should be
authorities from
operators who have
enforced at the local
imposing stricter local
received.a statewide
level.
standards.
franchise. Thereby,
creating'a two-tiered
Local governments
customer service
should retain the
standard, with local
authority.to assess
cable operators subject
penalties to improve
to local customer:
customer service.
service standards, and
new statewide
franchisees exempt
from these standards.
Rights -of -Way
Preserves local
Unclear whether local
To protect the public's
authority over the
communities would .
investment, the
management of rights-
retain their full control
control of public
of -way, but fails to
over access to local
rights-of-way must
provide sufficient
right-of-way.
remain local.
enforcement authority
to assure compliance.
The League believes
Local government
Silent on the
that the taxpayers'
must retain full.control
appropriate forum for
investment in the public
over the time, place
resolving local rights-
right-of-way must be
and manner for the
of -way disputes -the
protected with clear city
use of the public right -
League assumes this
authority over access to
of -way in providing
task would move to the
the right-of-way.
telecommunications
FCC_
services, including the
appearance and
aesthetics of
equipment placed
within it.
Existing tele-
communications
providers and new
entrants shall adhere
to local city policies
on public utility under
grounding.
Revenue
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Retains the current 5%
gross revenue cap on
franchise fees, but
changes the definition
of "gross revenues".
The League believes
this definition may be
more limited than what
is contained in local
franchise agreements.
Therefore, depending
on how the local
franchise agreement is
drafted, some cities
may see revenue
reductions:
Does not ensure that
cities will be "kept
whole" in regard to
franchise revenues.
Upholds a city's ability
to impose a utility user
tax, but appears to
prohibit local agencies
from imposing other
local fees and taxes,
such as business
license taxes,
encroachment permit
fees and building permit
fees.
Protect the authority
of local governments
to collect revenues
from tele-
communications
providers and ensure
that any future
changes are revenue
neutral for local
governments.
Regulatory fees
and/or taxes.should
apply equitably to all
telecommunications
service providers.
A guarantee that all
existing and any new
fees/taxes remain
with local
governments to
support local public
services and mitigate
impacts on local
rights- of -way.
Oppose any state or
federal legislation that
would pre-empt or
threaten local
taxation authority
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Public Education &
Government (PEG)
Support
The number of PEG
channels are
determined by the
current number.of PEG
channels provided by
the incumbent provider
If the franchise area (as
defined by the new
entrant) covers more
than one jurisdiction;
previously covered by
the incumbent provider,
the number of PEG
channels provided is
determined by the
number of channels
provided by the
incumbent operator in
the jurisdiction with the
highest population.
A new, additional PEG
channel, or 10%
increase, is permitted
only every 10 Years.
A telecom provider shall
designate a
"comparable" number of
PEG channels or hours
of programming as
provided by the
incumbent provider.
PEG channels are
deemed active if they
are utilized for PEG
programming. for at
least 8 hours per day.
If no PEG channels are
activated and provided
within a state -
authorized service area,
the local agency may
request the telecom.
provider to designate no
more than 3 PEG
channels within a
populations of more
than 50,000, or not
more than a total of 2
PEG channels in an
area of less than 50,000
Within 12 months from
the date of the request.
Local agencies have no
control.over the number
of public, education and
government (PEG.)
channels needed to
properly meet a
community's needs.
The resources
required of new
entrants should. be
used to meet PEG
support requirements
in a balanced manner
in partnership with
incumbent providers.
For cities currently
without PEG support
revenues, a minimum
percentage of
required support
needs to be
determined.
TELECOMMUNICATIONS. MATRIX
Matrix of Telecommunications Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Institutional or Fiber
Network (INET)
Provides that existing
institutional networks (I -
Nets) shall be
"grandfathered" in - but
provides no allowance
for new I -Nets.
Essentially, existing (-
Nets would continue
but local agencies
cannot require cable
operators who have
national franchises to
provide new I -Nets.
PEG and 1 -Net
Support. Provides 1%
of gross revenues for
"support" of PEG
channels and I -Nets for
local government
needs such as fire,
police, and other
governmental
communications.
For some jurisdictions,
these provisions may
not be sufficient in.
addressing your
community and
residents' needs.
Video Services to
Libraries and Schools.
Eliminates the
obligation that telecom
providers provide
services to schools and
libraries. As a result,
children and community
members who can't
afford the services at
home may lose access
to these advanced
broadband services.
The authority for
interested
communities to
establish INET
services and support
for educational and
local government
facilities should
remain at the local
level.
TELECOMMUNICATIONS MATRIX
Matrix of Telecommunications Reform Proposals in Relation to
League Of California Cities' Telecommunications Policy Framework
Public Safety
E-9-1-1. The draft
Not Addressed
The.authority for E -
Services
preserves a city's
911 and 911 services
ability to impose a fee
should. remain with
for E-911 and 911
local government,
services.
including any
compensation for,the
use of the right-of-
way. All E-911 and
911 calls made by
voice over internet
protocol shall be
routed to local public
safety answering
points (PSAPs); i.e.,
local dispatch centers.
All video providers
must provide local
emergency
notification service.
From the. Los Angeles Times
MICHAEL HILTZIK / GOLDEN STATE
The Case for Local Control of TV Deals
Michael Hiltzik
Golden State
April 17, 2006
I have a simple rule of thumb for determining whether my cable TV service is overpriced: Is it a
monopoly? Then it's overpriced.
And let's face it: Virtually every cable TV operation in the country is a monopoly.
In principle, therefore, we should welcome the efforts of the phone companies Verizon Communications
Inc. and AT&T Inc. to offer cable -style video services to the home in competition with the Comcasts and
Time Warner Cables of the world. The record shows that when a genuine rival enters a cable TV market,
subscription rates plummet. (Satellite TV doesn't have as marked an effect, because dish TV has its own
inadequacies and can't provide broadband Internet service as conveniently as cable or DSL.)
But the question raised by a bill in the state Assembly is whether it's necessary to wipe out all local
regulation of cable services in order to achieve the nirvana of video competition. AB 2987, sponsored by
Democratic Assembly Speaker Fabian Nunez and Assemblyman Lloyd Levine (D -Van Nuys), chairman of
the Utilities and Commerce Committee, would do just that.
The bill would replace our current regime of local regulation with a statewide system endowed with
scarcely a dime's worth of enforcement authority. Local officials have reacted predictably to this threat to
their only leverage against the big companies - leverage that has allowed them to demand benefits such as
public access channels and free video and Internet connections for government buildings, schools and
libraries, as well as enforceable guarantees of service to underserved neighborhoods and communities.
"This bill is not good public policy for California," says Lori Panzino-Tillery, division chief of the
franchise. program for San Bernardino County and president of the National Assn. of Telecommunications
Officers and Advisors. "It would harm technology to schools, it doesn't provide for advanced services for
those who don't. have it and it doesn't enhance broadband deployment."
Levine says it's wrong to regard his bill as deregulation. "We're not removing regulation," he says, "we're
regulating differently."
Still, from the companies' standpoint; one undoubtedly gratifying feature of the bill_ is the ease of obtaining
a statewide franchise. The procedure would require a video provider merely to file an application with the.
state Department of Corporations essentially be its name and address and identifying the boundary .
lines and socioeconomic characteristics of the region it wishes to serve. It must also pledge to observe local
laws, to avoid redlining underprivileged neighborhoods and to provide a certain number of public -access
hours. But the bill doesn't require the provision of separate public -access channels,. known as PEG, or
"public, educational and government," channels. Once the application is complete, the department would be
required to award the franchise within 14 days.
No public hearings. No vote by elected officials. What if the company later violates its pledges? Tough.
The`Department of Corporations has no authority to revoke the franchise. The only path of enforcement is
litigation by a municipality, a district attorney or the attorney general. (As if they don't have enough to do
besides wrangling in court with nationwide phone and cable giants for a few years.) The phone companies
would be awarded the free ride immediately; cable providers as early as 2008 or whenever their existing
local franchise agreements expire.
AT&T and Verizon, which are vocal in the bill's praise, complain that reaching franchise agreements with
more than 500 cities and counties in California is an arduous process that only delays the rollout of
advanced technologies and the marvels of competition to downtrodden consumers. Both companies. say the
local franchise system is a relic of the past, when cable meant a one-way coaxial pipeline carrying TV
channels into the home, unlike today's interactive digital fiber optics with high-speed Internet service and
video on demand. But they haven't made the case that the old system is unable to cope with the new world,
only that they'd rather do without it.
Tim McCallion, region president of Verizon California, told me that two years of negotiations with 30
municipalities have yielded his company only five agreements thus far. "There are always a lot of
bureaucratic reasons and rationales for slowing the process down," he says. Ken McNeely, president of
AT&T California, illustrates the obstacles thrown up by local officials by observing that Oakland has been
negotiating its franchise agreement with Comcast for three years and San Jose for six.
As blanket condemnations of municipal regulation, these arguments fall under the category of spin. Local
officials say the phone companies try to manhandle them by swanking into City Hall with take -it -or -leave -
it contracts and dragging theirfeet in negotiating when told that won't do. "I have cities that have said
they've sat at the table for only four hours over a six-month period," says Panzino-Tillery.
As for Oakland and San Jose, Comcast is a full partner in those delays. In Oakland, it's balking at a city law
facilitating union organizing of its workforce; in San Jose, the sticking point is the city's demand for
additional public access channels. Both demands are arguably public benefices; Comcast just doesn't want
to pay the price. While the negotiations drag on, it has continued to serve its customers unimpeded,
collecting its customary profit.
We shouldn't forget that this state's row over TV regulation is merely a skirmish in an epochal war. The
cable providers and phone companies are invading each other's turfs with bundled TV, Internet and phone
deals, and at every turn each side gripes that the other is favored by'incumbency and outdated regulatory
procedures. Rather than confronting these claims head-on, the Federal Communications Commission and
state regulators have made themselves scarce.
Will the entire, country gain evenly from deregulated telecommunications? Doubtful. Affluent suburban
neighborhoods will 'get the best service first; low-income, rural and inner-city communities, which need
advanced telecommunications as much as anybody, will get the dregs eventually, if ever.
In rural San Bernardino County, Panzino-Tillery observes, there are communities that haven't yet been
touched by cable TV, much less broadband Internet. "There are people out there who don't have this stuff,"
she says, "and the way federal and state legislation is going, they never will be."
The cable and phone companies keep talking about their desire to face each other on a level playing field,
but who's keeping it level for the consumer?
Golden State appears every Monday and Thursday. You
can reach Michael Hiltzik at
golden.state@latimes.com and view his weblog at latimes.com/goldenstateblog.
NORTH BAY & REDWOOD EMPIRE DIVISION
LEGISLATIVE MATRIX
Bill and
Author
AB 773
(Mullin) :all
_ w Title/Subject
Redevelopment: referendum. Extends the redevelopment referendum period from 30 to 90 days for
cities:
i Status/History
Assembly Floor: 79-0 (1/26/06);
!Referred Senate Local
Government (2/6/06)
'Position 1 Topic
{
Watch 'Redevelop-
ment
AB 782
Redevelopment: project area. Repeals the antiquated subdivision exception to the "blight"
iAssembly Floor: 72-0 (1/17/06 Watch
Redevelop -
(Mullin)
definition.. Existing law defines an antiquated subdivision as land in the'project area is characterized
!Referred to Senate Local
invent
by the existence of subdivided lots of irregular form and shape and inadequate size for proper
lGovernment (1/26/06)
usefulness and development that are in multiple ownership.
.
j
1
IAB 798
Delta levee maintenance. Extends the July 1, 2006, sunset on the current authorization of a.75%
iAssembly' Floor: 73-0 (1/23/06);
Watch ;Flood
(Wolk)
state cost-share.in Delta levee maintenance or improvement projects to July 1, 2008. Requires the
Referred to Senate Natural
!Control
Reclamation Board to provide the 75% share onlyto projects identified as a priority by the DWR after'
Resources & Water (2/2/06).
completion of its current levee risk study in 2008. Delays effective date for returning to a 50% state
t
cost -share to July. 1, 2008.
i
AB 802 "
Land use: water supply. Requires, upon adoption of a city or county's general plan, the amendment-lAssembly
Floor 41-34 (1/26/06);
Watch IFlood
(Wolk)
of a conservation element, or the amendment of 2 or more elements of the general plan, on or after
iReferred to Senate Local
;Control
January 1, 2007, the conservation element of the general plan must include a flood managementGovernment
(2/2/06)
component that considers existing water supply and possible use of flood water to supplement that
supply; and potential means of using flood water to recharge groundwater supplies. Requires
i
mapping of flood hazards in the safety element of a GP after the maps have been made available.
Requires the safety element to also include an assessment of the risk to lifeand property from
"reasonably foreseeable flooding", defined as flooding that has a 1 in 200 chance of occurring in any
I
given year; an assessment of local flood and water supply infrastructure; statements as to how the
j
safe element will be coordinated with the GP's land use element; identification of coordination -
safety
E �
w/state, local agencies involved in flood management issues; and planning for effective storm water
!
retention and drainage. State -mandated local program.
AB 1688
Illegal dumping: enforcement. Grants specified persons, who are not peace officers, upon receiving !Assembly
Floor 75-0 (1/26/06),
Watch ;Public
(Niello)
appropriate training and within the scope of their employment, the ability to enforce illegal dumping !Referred
to Senate Public Safety, €(Likely
h we o arrest
laws includes the power f
P
1/26/06 E
,Safety
Su ort
PP )
1AB 1798
Natural Disaster Assistance Act. Adds the severe rainstorms that occurred in 34 Northern
Assembly Revenue & Taxation:
Vatch Flood
(Berg) .
California counties,. including Marin, Napa, Solano, Sonoma, Mendocino, Lake, Humboldt & Del 1(4/24/06)
i
;Control
Norte, commencing on December 19, 2005 to the list of disasters eligible for full state reimbursement
of local property tax losses, beneficial homeowners' exemption treatment, full state reimbursement of
local agency costs under the Disaster Assistance Act (Act), and favorable net operating loss carry-
forward treatment. Amy's notes: Supported by the City. of Napa, Del Norte County Board of f
Supervisors,. Humboldt County Board of Supervisors, Mendocino County Board of Supervisors, Napa
County Flood Control and Water Conservation District, and Sonoma County Board of Supervisors.
Assembly Member Pedro Nava (D -Santa Barbara) has a introduced a similar bill, AB 2735, which
will also be heard in Assembly Rev & Tax on 4/24/06 .......... _._............ _..... _.. ...........
,_.. _ :..::_
..._ . _:
.. -_
1873
_.. _ -.. _
Child protection: safe surrender. Amended 3/29/06.'AB
AssembyHuman
Support Public
'(Torrico)
_
Hearing 4/25/06 _ _
_ {Safety
'':AB 1875
State highways`. landscape services. Requires the Department of Transportation (Caltrans) to enter
!Assembly Transportation:
Watch �Transp
Maucher
into cooperative agreements, at the request of cities and counties, for landscape maintenance and litter
(Hearing 4/17/06
removal on any portion of a state highway within a city or county.
iAB 1881
;Laird
Water Conservation in Landscaping Act.
JAssembly Water Parks &
!Wildlife: Hearing 4/25/06; Also
!Watch Water I
;Conserv.
preferred to Assembly Local
,Government
iAB 1893
sSalinas
Redevelopment. Clarifies the Ruffo decision - that redevelopment agency tax increment funds may
not be used for land acquisition, site clearance, or design costs of a building to be used as a city hall or
!Assembly Housing &
!Community Dev: 7-0.(4/5/06);
l Watch Redevelop-
?ment
l
county administration building.
`To Assembly Consent Calendar
AB 1899
Flood protection requirements: new development. "Show Me the Flood Protection," this bill ties
Assembly Local Government:
Watch !Flood
;(Wolk)(flood
management to local land use decisions by requiring each city and county that falls within a
Hearing 4/19/06
IControl ;
floodplain to assess the level of flood protection that State and local flood agencies provide. Gives
local and State flood agencies 90 days to provide information regarding the level of flood protection
when a city of county requests such reports. Requires a city of county to verify that any area proposed
s
for a new development has at least 200+ protection from flooding.
{
IAB 2158
Regional housing needs. Requires COG'S to consult with LAFCO while developing RHNA
Assembly Local Govt. -Hearing
Support 'Housing &
(Evans)
allocation. Sponsored by the League and Cal-LAFCO. League arguments in support: Current!Land
Use
i
law allows LAFCOs to review, approve or deny proposals for boundary. changes and incorporations,
a
for cities, counties and special districts. The RHNA process is a separatestate process where COGS
allocate housing zoning quotas to individual cities and counties. The difficulty is that there is no
coordination required between LAFCOs and COGS on these issues, which can lead to unrealistic
housing allocations to cities, and increased pressure to expand housing development within counties
on prime farmland.
IAB 2197
(Redevelopment: plans: tax4ncrement financing. Prior to its first hearing in the Assembly Housing
jAssembly Housing &
Watch ;Redevelop-
'DeVore
&Community Development Committee, this bill required that any redevelopment plan adoptions,
Community Dev.: Passed 6=0
iment
I
(plan amendments or mergers be approved by the respective county board of supervisors. On 4/5/06 at
Ew/amends (4/5/06); Referred to
3
the request of HCD Committee Chairman, the bill was amended into a study bill to determine whether !Assembly
4
Local Government
i
or not the state should have greater oversight over redevelopment. Amended version of the bill is not f
i
yet, in print, as of 4/16/06.
?AB 2259
ILEAGUE SPONSORED — Local agency formation: extension of services. Extends the sunset date
Assembly Local Government:
Support !Housing &
(Salinas)
from 1/1/07 to l/l/13 the statute that permits LAFCO's to review urban expansions in unincorporated ,Hearing
5/10/06
!Land Use
areas. May also be a forum for stakeholder discussions about the past effectiveness of the existing
law:_�...:
fiAB 2307
State m,andatesc housing element. Provides additional time extensions to SCAG and ABAG regions
Local Government:
Watch 'Housing &
(Mullin)
so that they may coordinate their next RHNA allocations with their regional transportation plans. The IHearing
4/19/06
ILand Use
!bill also eliminates a controversial law which sought to require councils of governments to pay for
3
I
IR1 NA allocations by levying fees on local governments.
JAB 2378
Housing: density, bonus. Amended 3/3/06. Requires that a housing development applicant agree to, IiAssembly Local Government: 5
Support !Housing &
jEvans
and the local government ensure, continued affordability of all moderate -income units that qualified 2 (4/5/06); Assembly Housing &
iLand Use
{
the applicant for the award of a density bonus for 10 to 15 years, to be determined at the discretion of Community Development;
j
I
the local government, or a longer period of time if required by a financing program Mearmg 4/26/06
J
AB 2468
iLEAGUE SPONSORED - Housing. Elements: Self -Certification: Allows local governments to 02/23/2006-A PRINT;
ISupport ;Housing &
(Salinas)
self -certify their housing elements if they voluntarily designate locations where their lower income Assembly Local Government:
lLand Use
housing.allocations can be built "by right." Specifically this bill, authorizes a jurisdiction to 'Hearing 4/19/06
a
participate in a self -certification process that would require the inventory of land included in the
housing element to accommodate 100% of it allocated regional housing need for very low and low- i
income households on sites zoned to permit owner -occupied and rental multifamily residential use by
J
right during the planning period. Requires these sites to be zoned with minimum density and
development standards that permit specified densities and at least 50% of the very low and low- f
J
income housing need to be accommodated on sites designated for residential use and for which non-
residential uses or mixed uses are not permitted. Requires the legislative body of the jurisdiction to
adopt a certificate of compliance by resolution making specified findings and submit the certificate of
compliance and a copy of the adopted element to the department.and the council of governments. E
( 1
I
Makes self -certifying cities and counties fully eligible to participate in any program created by or I,
receiving, funding from the state:
J
AB 2484
LEAGUE SPONSORED- Housing development: density bonuses. Exempts residential parcels 102/23/2006-A PRINT; Assembly
Support !Housing &
(Hancock)
that are already zoned at higher densities from the. increasingly problematic Density Bonus Law. 'Local Government: Hearing
! ;Land Use
Specifically, this bill rewards communities that have zoned for high-density residential use (40/25/15 14/19/06
1
units per acre in metropolitan, suburban, unincorporated rural jurisdictions, respectively) by
j
exempting sites zoned at high densities from the density bonus law. Promotes higher densities, as j
I
1
communities that already up -zoned will be rewarded with local control and may consider up zoning
i
parcels as a way to bring more certainty to local planning. `Y _
1AB 2491
Local authority: speed limits. Sponsored by the Tim Smith, Mayor of Rohnert Park. Expresses the 102/23/2006-A PRINT
Watch !Transp
+Evans
intent of the Legislature to enact legislation.granting local governments' greater authority over the I
;(Will likely
setting of speed limits within their respective communities.
;support)
AB 2500
Project levee upgrade funds: local safety plans. Prohibits the state from providing funds for the 102/23/2006-A PRINT; Assembly ,Watch
;Flood
Laird
upgrade of a Reclamation Board project levee unless the beneficiary city or county agrees to adopt a Local Government: 5-2 (4/5/06);
lControl
safety plan. 'Defines "project levee" as a levee located in the Sacramento River and San Joaquin River ETo Assembly Appropriations
drainage for which the state Reclamation Board or the department has given assurances to the United
g P
States of nonfederal cooperation required for the project.
AB 2503
LEAGUE SPONSORED - Local-State.Affordable Housing Matching Program. Establishes a 02/23/2006-A PRINT: Assembly
Support Housing &
Mullin
state -local matching program'which allows local contributions to affordable housing trust funds to be Local Government: Hearing
!Land Use
matched with a dollar -for dollar contribution from the state. Specifically, this bill authorizes cities 14/19/06
and counties to enter into.a JPA to form an affordable housing pooling arrangement for the
acquisition, construction, or development of housing that is affordable to lower income families, as
defined, within the jurisdiction of the joint powers agency, created by the agreement. Specifies how
I
the public agencies may contribute funds to a housing trust fund of the JPA and how the funds may be
used.
_.......... ._________. ...........
Authorizes a local government to include in its housing element a program that establishes a
housing trust fund for the same purposes and subject to similar conditions.
j
AB 2511
Land Use/Housing. An anti-local government and litigation oriented measure co-sponsored by the 102/23/2006-A PRINT; Assembly
Oppose Housing &
'Jones
Realtors and legal aid groups that change 11 different sections of law related to housing. Extends !Local Government: Hearing
I (Land Use
existing anti-discrimination provisions by prohibiting a local government agency from discriminating 34/19/06
in its planning and zoning activities against persons or families of very low income. (Existing law
prohibits discrimination only against persons of low to moderate income.) Provides that when a local
government agency fails to submit an annual report on housing production by the April 1 deadline, the 1
court may impose sanctions and issue an order compelling compliance within 60 days. Requires that
3
any person who brings an action challenging the housing element of a general plan shall serve the
'
Attorney General a copy of any pleadings filed by that person in the action. Clarifies existing law
rega rding. limitations on the ability of a city or county to reduce residential density below the level of E
zoned density by making.the definition of "lower residential density" consistent with other provisions
1
of the law. Provides that no local government entity or agency may deny the issuance of any building
permit, use permit, or zoning. variance on the basis of any standards, conditions, laws, policies,
resolutions, or regulations UNLESS those standards, conditions, laws, policies, resolutions, or j
regulations have been adopted, in writing, as of the date the application was deemed complete.
Clarifies that applicants for affordable housing developments are entitled to a shorter 90-day approval
process (instead of the standard 180-day process) if at least 15% of the units in the development
project are affordable to very low or low-income households. Provides that where the local entity
!
fails to approve or disapprove within 60 days of the deadline, the court may issue an order compelling
1
compliance.
f _
iAB 2526
Affordable housing developments. Weakens local inclusionary zoning programs, prohibits local 102/23/2006-A PRINT; Assembly
Oppose Housing &
Arambula
governments from collecting fees on certain housing developments until date of occupancy, andLocal Government Committee:
;Land Use
makes additional changes to a law that prohibits conditional use permits on multifamily housing. Co- 'Hearing 4/19/06
i
sponsored by the Realtors and legal aid groups
r7 .
IAB 2538
Transportation funds: planning and programming regional agencies. Authorizes a transportation 102/23/2006-A PRINT; Assembly
Watch 'Transp
Wolk
planning agency or county transportation commission to request and receive up to 5% of regional jTransportation, 4/24/06
improvement-funds from the State Transportation Improvement Program administered by the
California Transportation Commission for the purposes of project planning, programming, and
monitoring. Amy's Notes: Supported by Solano Transportation Authority I
IAB 2572
ILEAGUE SPONSORED - Housing element: student dormitories. Requires councils of JAssembly Local Government:
Support lHousing &
(Emmerson)
governments to consider the special housing conditions that may exist. in cities with universities when [Hearing 4/19/06
stand Use
'
allocating RHNA housing numbers.
I !
922
Redevelopment:Lotdoriousing
Fud. qmiresredevelopment agencies to JAsse1 Judiciary: Hearing �
o�se R�edevelop-�
I(Jo2)
et tax increment for low- ine g, 14/18/06
ment /
1
(Eminent
i
;Domain
1AB 2987
Cable and video service. The Digital Infrastructure and Video Competition Act of 2006, establishes 102/24/2006-A PRINT; AssemblyOppose
;Telecom
;(Nunez)
a procedure for "state-issued authorizations" for the provision of video, voice and broadband services ;Utilities & Commerce: Hearing
( I
jto be administered by the State Department of Corporations (the Department). Provides that the 14/24/06
E
Department shall serve at the sole franchising authority of state -issued authorizations. Requires any
.
,person who seeks to provide cable or video service (telecom providers) to file an application with the
'Department for a state -issued authorization. Provides that incumbent franchise holders shall be
!
eligible to apply for state -issued authorizations on the expiration of their existing franchise
I
j
agreements.
;
AB 3005
LEAGUE SPONSORED - Residential care facilities. Requires Director of Social Services to
lAssembly Human Services:
Support Housing & I
(Emmerson)
consider comments and evidence from a city or county regarding the citing of a proposed residential
Hearing 4/25/06
Land Use j
care.facility designed for 6 or fewer residents. Requires the director to consider this evidence and
jsuggest alternative citing locations based upon certain findings
j
LEAGUE SPONSORED - Alcoholism or drug abuse recovery or treatment facilities Web site
Introduced 2/24/06; To Assembly
Support Housing &
rB36
od)
disclosure. Requires the State Department of Alcohol and Drug Programs to maintain on its web site
Health
Land Use
a searchable database of the location of each alcoholism or drug abuse recovery or treatment facility
I
I
that is licensed by the department. Requires the database to be open to the public and to be
1 �_
searchable by ZIP Code. _I
_:_._..� _.... _ _._._.... ___:_.....-._ ........ .... ........._..:._..__
_ .______._..-_..................._.._......... _..:_._.._.
-
.....
�AB 3007
LEAGUE SPONSORED- Alcohol and drug treatment facilities: location. Provides that it is the
!Assembly Health: Hearing
Support ;Housing &
(Emmerson)
policy of the state to prevent over -concentrations of adult alcoholism or drug abuse recovery or
j4/18/06
;Land Use
treatment facilities that impair the integrity of residential neighborhoods. Requires the department,
commencing March 1, 2007, to deny an application for a new facility license, if the department
determines that the facility would be separated from an existing facility by a distance of 300 feet or
'less. Requires the department or county licensing agency, within 45 days prior to approving any.
III I
application for a new facility, to notify in writing the appropriate city or county planning agency of
the proposed location of the facility.
AB 3042
(Evans)
LEAGUE SPONSORED — Regional housing. Allows cities or counties within.the same Council of
Government (COG) to transfer housing allocations prior to adopting their housing elements if the
lAssembly Local Government:
Hearing 5/3/06; Referred to
Support ;Housing &
Land Use
transfer is consistent with any adopted regional growth.plan or regional blueprint. Recipient lAssembly
Housing.&
jurisdictions would also receive, priorities for funding from the council of governments for
Community Dev.
discretionary housing or infrastructure funds which become. available to the COG on or after June 1,
2006.
AB 3050Flood
Control: Liability..Requires that local governments with land use authority share in the
Assembly Judiciary: Passed 6-3
Oppose Flood
(Jones)
f6r damages caused, by floods due to failure of levees if the local government approves
1(4/4/06);
"Control
,liability
development on "undeveloped land", defined as land that was previously. devoted to "agricultural use"
'
for "open space."
GACA 13
Constitutional Amendment: Storm Water and Flood Control Fees: Exempts flood control and
Assembly Local Government.
Watch 'Flood
(Harman)
storm water fees from the voter approval requirements contained in Proposition 218.
;Control /
Storm
,Water
(ACA 15
Eminent Domain: redevelopment: A proposed constitutional amendment that, if approved by the lAssembly
Gonvernmental
Watch !Redevelop -
((Mullin%
voters, bars the use of eminent domain unless there is a written finding of both physical and economic
Organization
ment/
Nation)
blight on the property proposed to be taken.
,Eminent
{Domain
!ACA 22
Eminent domain: condemnation proceedings. Amends the state constitution Provides that private
Assembly Housing &
!Oppose ;Redevelop- i
(La Malfa)
property may be taken or damaged only for a.stated public use and may not be taken or damaged
Community Dev: Hearing
iment/
I
without the consent of the owner for purposes of economic development, increasing tax revenue, or
4/24/06
lEminent
jany
other private use, nor for maintaining the present use by a different owner. Requires that the
'Domain
property be owned and occupied by the condemnor and used only for the stated public use. Provides
1
that if the property ceases to be used for the stated public use, the former owner would have the right
j
j
to reacquire the property for its fair market value. Requires a county assessor,.upon property being so
1
reacquired, to appraise that property for purposes of property taxation at its adjusted base year value
!
as is last determined at the time the property was acquired by the condemnor. Defines "just
i
compensation" for purposes of condemnation and specify the showing required in an action
3
challenging the validity of a taking Requires 2/3 vote of the legislature.
._
E
ACA 23
Public employee retirement plan. Establishes the California Public Employee. Retirement Plan.
Referred to Assembly Public
Watch IPension
Richman
Provides that employees hired on or after January 1, 2007 shall only enroll in a defined benefit plan.
Employees Retirement &Social
lReform
I
Also permits anew employee to enroll in a voluntary defined contribution plan. Prescribes
Security.
1
contribution rates and other requirements for defined contribution plans. Establishes a formula for
providing defined Requires disability and death benefits to be provided under those plans.
ACA 35
„benefits.
ITribal gaming. Requires an Indian tribe that seeks to locate a casino on non-Indian lands to first get
Introduced 3/14/06
Watch Indian
I(Nation)
;approval from the affected local governing body and local electorate. Provides that for tribes without
lGaming
Indian lands that are land for gaming, such gaming would be subject to a vote of the local governing
body and the local electorate and would be further subject to a finding that the Indian tribe'sprimary
{
geographic, social, and historical connections relate to that land.
1SB 53
_
Redevelopment. Requires new and existing redevelopment plans to declare whether eminent domain
Referred to Assembly Local
Oppose ;Redevelop-
Kehoe
will be used and specifically allows the agency to prohibit the use of eminent domain for certain uses
Government.
ment
j
such as owner-occupied residential property or in certain geographic areas. (Agencies have the
authority to do that now.) Under this proposal the use of eminent domain in new plans will be initially
E
limited to 10 years (instead of 12 in current law) from adoption of the plan. For plans adopted before
January 1, 2006, they will have to be amended before July 1, 2006 to include the planned uses of
!
I
€
eminent domain and a time limit on the use of eminent domain not beyond July 1, 2009. This bill may
lbe
a "spot bill" that will be kept available for further amendments. j
(If !Referred
SB 153
placed on the ballot and passed by voters, this bill enacts the California Clean Water, Safe
to Assembly ;Watch
?Infra-
'(Chesbro)
Neighborhood Parks, and Coastal Protection Act of 2006 for the purpose of financing a program
Appropriations ?
structure
using State General Obligation Bonds in the amount of $3.865 billion for the acquisition,
development, improvement, preservation, rehabilitation and restoration of agricultural, coastal,
a
cultural, forest, historic, park, recreational, water resources. Funds shall be appropriated in
accordance with the following schedule: $1.74B for neighborhood, community and regional parks
I
j
I land
recreation areas; $1.313 for state parks and wildlife protection; and $825M for water quality and
3
jcoastal
protection. Amy's Notes: Part of Infrastructure Bond discussions.
i
SB 486 JProperty
tax allocation: special education funding. Clarifies in the Revenue & Taxation Code that ISenate
Floor: 32-1 (1/19/06);
Watch ?Rev & Tax
3(Migden)
the county ERAF is obligated to support special education programs for children in public schools, lReferred
to Assembly Local
ibut
not children placed in Licensed Children's Institutions in the County. Amy's Notes: Sponsored
Government
by the County of Marin / Supported by MCCMC and the city of Napa
!SB 850 lBroadband
telecommunications service. Amended 3/9/06.
Assembly_ Utilities & CommerceT
-� 7—iTe_lecom
(Escutia)
-_ _ _:....... ........ ...:..._ _----- _.................... ........ .:..._.._....._.......
rSB -102 4
.— _ _.... __... .......__.._ ._._..__.._.. __....,..:_.._
Public works and improvements: bond measure. Enacts the Safe Facilities, Improved Mobility, ITo Assembly Held at Desk
Watch Infra-
Perata
and Clean Air Bond Act of 2006 to authorize $10,275,000,000 in state general obligation bonds for I
structure
11
specified purposes, including the state Transportation Improvement Program, passenger rail
i
improvements, levee improvements, flood control, restoration of Proposition 42 transportation funds,
1
port infrastructure and security projects, trade corridors of significance, emissions reduction projects,
environmental enhancement projects, transit-oriented development, transportation needs in cities,
counties;.and cities and counties that meet certain requirements relative to provisions of housing needs;
i
in their communities, and housing, regional growth, and infill development purposes; subject to voteri
approval. Requires the Secretary of State .place the measure on the November 2006 ballot. Establishes f
the Transit-Oriented Development Implementation Program; to be administered by the Department of
Housing and Community Development. The bill would create the Transit-Oriented Development
Fund in the State Treasury as a continuously appropriated fund. 2/3rds vote requirement/urgency I
j
statute.
SB 1177
Density Bonus Law. Removes the requirement under existing law that a developer show that a iSenate Transportation &
Oppose' ;Housing &
(Hollings-
waiver is necessary to make the affordable units economically feasible. By doing so, it undercuts the lHousing: Passed .10-2 (3/23/06);
Land Use
worth)
ability of communities to implement their development standards and grants an advantage to certain (Senate Third Reading
developers without the minimum requirement of showing that the advantage is needed:
aSB 1206
Redevelopment. Revises the statutory definition of blight and conditions that characterize.a blighted ,,Senate Local Government:
Oppose !Redevelop-
Kehoe
area; places limits on the use of funds.in "merged redevelopment projects"; places limits on debt iPassed: ;Senate Judiciary
iment
financing for redevelopment areas if "significant" blight remains after 10 years; extends the statute of Committee: Passed 3-1.(4/4/06):
limitations from 60 to 90 days for any civil action challenging a redevelopment plan; gives the AG the Referred to Senate
authority. to intervene in any action challenging the adoption-of a redevelopment plan after the time Appropriations
limit has expired; and, prohibits the acquisition of land using redevelopment funds. for purposes of
constructing a city hall or county administration building. Amy's notes: the final vote in Senate
Judiciary was.3 to 1 w/Ackerman, voting against - he voted for the bill in Senate Local Govt. Escutia
refused to vote on the.bill until the author came and pleaded with her twice. In the end, Escutia made
it clear that she was not happy with the bill and was only voting for it as a courtesy. She went on to I
'
say she was not an "Aye " on the Senate Floor.
S. 1210
(Torlakson)
_ .
Eminent Domain: Bans the use of eminent domain if the property is transferred to a non- I.Senate Local Government
governmental entity for economic development and changes condemnation procedures. !Committee: Hearing 4/19/06;
Oppose ;Redevelop-
iment/
Senate Judiciary: Hearing ,
Eminent
4/25/06
'Domain
SB 1225.
Service authority: registration fee Authorizes a service authority to Increase the vehicle
Watch IRev & Tax.
(Chesbro)
registration fee for'purposes of abandoned vehicle abatement from $1 to $2. Amy's Notes: Sponsored
I
iby the County of Humboldt _
,
SB 1322
Mental health/drug rehab housing "by right"
Oppose lHousing &
I(Cedillo
Land Use
SB 1330
Housing developments: attorney's fees. 103/02/2006-S JUD.
Oppose
Dunn
i
1SB 1404�Vehicles
- ._. _....
parking violations: street cleaning Senate Transportation & Housing
Oppose
(Machado)
SB 1431 (Cox) (
I(Wolk is
coauthor)
Design -Build Contracting. Allows cities, upon approval of the city council, to use design -build Senate
contracting for construction projects over $2.5 million until the sunset date of January 1, 2017:
Local Government:
'Heating 4/5/06
Support
Watch
f Besign-
;Build
'
SB 1527
Flood control. .102/23/2006-S S PRINT
JAanestad-
_i__ .._..
_.....
.
SB 1620
verside Counties community care and treatment pilot protect.
Napa and Riverside
102/24/2006-S PRINT
Watch
Dutton
_
_ = -- = — -----
— ------
_
-- -- - _
SB 1621 — -Napa
__ _ -- - —
and Riverside Counties community care and treatment pilot project.
02/24/2006.-S PRINT
Watch
Dutton
ISB 1650
Eminent domain: future uses.
(Senate Judiciary: Hearing
w:^
Oppose
Eminent
'Domain
Kehoe
14/25/06
!
SB 1754
Lowenthal
LEAGUE -SPONSORED - Housing and infill infrastructure financing districts. Creates a02/24/2006-5
voluntary pilot project to provide high density housing through the creation of 10Q housing/infill-
PRINT; Senate,
!Local Government: Hearing
Support
;Housing &.
Land Use
infrastructure investment districts statewide. Projects must be consistent with regional planning
4/5/06
s
objectives and allow construction of more than 500 units of housing with average net density of 25-40
_units
° fordable to low and moderate income_ families.
per acre, with 15 /o of the housing of _... _ ... _. .. - _ -_- _ - _._.- �_
E _ � _ _ _
,�
oma,.—__._..�-..._•
.___ -
SB 1798
iCalifornia Environmental Quality Act: infill development.
i02/24/2006 -S PRINT
Watch
JPerata--
SB 1800
General plans: housing. Requires local governments to establish.a 20 -year land supply for housing.
!02/24/2006-5 PRINT; Senate
(Oppose
;Housing &
(Ducheny/
Sponsored by CA Building Industry Association
!Transportation & Housing:
'Land Use
jCedillo)
_ _ _
'Hearing 4/4/06
! _._..._.._
SB 1803
-----_ __..._ _ _
Public utilities. municipal corporations: wireless local area network communications
102/24/2006-S PRINT
!Watch
'Telecom
�Florez
__.,._'
_____.. ..._.___ . __
..._.___._ .:::.'
SB 1809
_ -_
Real property disclosures: redevelopment: eminent domain.
02/24/2006-S PRINT; Senate
Oppose
,Redevelop -
Machado
'Judiciary, 4/25/06
-!!Hent/ 1
l
?Eminent
;Domain
SCA 20
McClintock
Eminent domain: condemnation proceedings. Prohibits the use of eminent.domam for purposes of !Senate Judiciary Committee:
taking or damaging of private property for economic development, and expands the. definition of "just Hearing, 4/25/06
Oppose
Redevelop -
ment/
�Eminent
compensation."
Domain
Meeting Date:
(Department:
Submitted by:
Submittal Date:
Agenda Title:
Requested Action:
History
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
April 25, 2006
Community Development
Peter Bruck, Deputy Chief Building Official
April 18, 2006
Green Building Ordinance Status Report
Receive and file
Council: X
Miscellaneous
Communications
A !c
. o cod
Copy to:
Co ' to:
® 5/11/04 — City Council adopts resolution 2004-111 which sets a goal for greenhouse gas reductions of 20%
by the year 2010 .for internal city operations (baseline year 2000) [This resolution also directed staff to
develop.a Climate Protection Action Plan for achieving the city's target. This has not formally been done.]
® 7/12/05 — City Council passed resolution 2005-224 adopting the Alameda Green Building Guidelines as a
referenced standard for residential green building construction. The resolution also directs staff to begin
formulation of a green building ordinance requiring the mandatory implementation of green building
techniques in new construction.
® 7/26/05 — City Council adopts resolution 2005-233 which sets a goal for greenhouse gas reductions of 25%
by the year 2015 for community wide use, private and public (baseline year 1990)
® 10/25/05 — Staff went back to council asking for clarification of mandatory and voluntary green building
programs. Council, says staff should look at the various applications for green building and assess what
would be the best based on construction type and location. Jake suggested staff consider a "working group"
approach.
® 1/10/06 — City Council passed resolution 2006-27 Ahwahnee Water. Principles for Resource -Efficient Land
Use. (Encouraging the use of the principles in future land use decisions.)
® 3/14/06 — City Council passed resolution 2006-67 adopting Build It Green's (BIG) New Home Construction
Green Building Guidelines, 2005 Edition as City of Rohnert Park Referenced Standards.
Background
Nationwide, the field of green building has gained increasing public and industry support over the last five
years. Northern California communities have been especially active in the adoption of voluntary and mandatory
green building ordinances, policies, and resolutions'for residential and non-residential construction. Citizens
are increasingly concerned with the effects of global warming, environmental contaminants, water quality and
availability, and depletion of natural resources. Green building is one avenue of action that can address these
issues in varying degrees.
The city will soon be commencing a period of new construction that will continue at the very' least into the year
2020. As available land and natural resources become scarcer, transportation costs rise, and the prospects for
affordable energy become increasingly questionable, Rohnert Park needs, to do everything possible to. ensure
that all new construction will provide long lasting benefits to building owners and occupants. With the advent
of sustainable development movements such as Smart Growth, New Urbanism,, and Green Building, we now
have the tools available to create a future for the city that is environmentally responsible and economically
viable. Creating and implementing a green building ordinance is one tool that can achieve part of this goal.
Obiective
Create a comprehensive green building program that contains "doable" mandatory features and incentives for
voluntary measures.
Available Green Building �Standards
■ BIG (Build It Green) 2005 New Home guidelines (green points rating system)
o These guidelines are based on the Alameda County New Home Guidelines. Alameda County
has handed the responsibility of maintenance and development of the guidelines over to BIG.
■ Alameda County Multi -family guidelines (scorecard available)
o This is the only green building guideline that specifically addresses new multi -family
construction.
Alameda County Home Remodeling guidelines (points system, but hard to apply uniformly due to wide
range and character of residential remodeling projects.
o This is the only green building guideline that specifically addresses residential remodeling.
LEED (Leadership in Energy and Environmental Design)
o LEED has several applications, most of which apply to commercial construction. LEED also has
a pilot project for homes.
Types of Construction to Consider for Inclusion
Residential
® SFD (Single Family Dwelling)
o Preferred Standard is BIG's. New Home Construction Green Building Guidelines, 2005 Edition.
■ SFD — remodel
o Alameda County Remodeling Guidelines. Rating system not practical for determining threshold for
a mandatory requirement since remodeling projects vary so much. However, it is helpful for making
recommendations as to which items have the most impact on the environment and resources.
Determination of whether to apply green building to a residential remodel project could be.
determined by construction valuation threshold.
• MFD (Multi -Family Dwellings, 3 or more attached units)
o Standards include Alameda County Multi -Family guidelines. "Scorecard" rating system. Also
might be able to modify BIG new homes rating system
® Mixed Use
o No Standards specifically for this type of building. Might be able to use mix of LEED and BIG.
Not sure how to implement a rating system.
Pion -residential
® Municipal Buildings
o LEED would be the Standard. Use LEED rating system. Will need to consider minimum square
footage that would tri gfer a LEED requirement. Other Bay Area municipalities have requirements
from 0-ft2 to 20,000 ft . A few cities use construction valuation as the determining factor. LEED
rating required in other Bay Area Communities is either "Certified" or "Silver."
1 Build It Green, is a professional non-profit organization whose mission is to transform the building industry so that buildings are
remodeled and built using green practices and products. Partnering with public agencies, building industry professionals,
manufacturers, suppliers, and non -profits, Build It Green offers education and training, unbiased product information, technical
assistance, and networking opportunities. BIG's green building guideline development process involves all major stakeholders
inrludinn rPnrPsentativPs from nnvPrnmAnt. dPVPlnnPm, rontrartors_ material sunnliprs_ and maltom
o Could use LEED standard without going through the certification process. May have to "up" the
minimum standard to account for less stringent oversight. This could be useful for smaller buildings
since the cost of the LEED certification process would be significantly higher in, proportion to
overall construction costs.
Commercial
o LEED would be the Standard. Use LEED rating system. Will need to consider minimum square
footage to require LEED.
o Could, use LEED standard without going through the certification process. May have to "up" the
minimum standard to account for less stringent oversight.
o For smaller commercial buildings (e.g., less than 10,000 ft2) city staff might be able to come up a
simplified "check list" approach.
Mixed Use
o No Standards for this type. of building. Might be able to use mix of LEED and BIG. Not sure how
to implement a rating system.
Basic Strategy
With the various types of buildings and number of programs to consider, the recommended path is to start with
SFD's. This is going to be the most abundant type of construction at the beginning of the Specific 'Plan
development phase. The green building standard for these types of projects would be the BIG 2005 New Home
guidelines. Thresholds of green for the different projects would be set by resolution. This would allow for easy
adjustment of the rating system in response to market and technological changes. Currently, the BIG guidelines
require a minimum of 50 points for a home to be considered "green," out of a possible 292 points.
Staff proposes setting up a system of "Tiers" for each type of construction (SFD, MFD, etc.) that will allow for
a difference in thresholds depending on the application. "Tier 1" would be a basic level of compliance.. Tier 1
would apply to SFD's in developments with less than 20 homes. The cost for plan check and inspection of green
building features in Tier 1 would be the responsibility of the applicant. Tier 2 would apply to developments
with 20 homes or more, have a higher threshold level, but cost for plan check and inspection of green building
features would be the responsibility of the City.' Tier 3 would also apply to developments or specific plan areas
of 20 homes or more, but would reach a higher level of green than Tier 2 and would be rewarded for doing so
by receiving public recognition and support from the City for excellence in green building. The cost for plan
checking and inspection of green building features would be the responsibility of the City.
Green Building Program Wor roug
On 10/12/05 then mayor, Jake McKenzie, suggested that staff consider a working -group approach to evaluate
what's "doable." BIG's development process for the guidelines already included many of the major
stakeholders in the greater Bay- Area, Since staff will be recommending that threshold levels of green (what's
doable) would be set by resolution, a working -group approach might be more useful when determining
threshold levels.
Logistical considerations
Staff time - Forming, organizing, and running a green building program will take staff time. There are ways to
reduce staff involvement. Consultants are available (for a fee, staff is not aware of any grants) to assist in
setting up a program. They can also provide educational materials and training support. Utilization of existing
green building guidelines can greatly reduce initial costs while at the same time contributing to green building
implementation throughout the industry. However, there will always be additional work for staff. The nature.
and content of the green building program will determine whether or not current staffing resources are adequate.
One staff member should be designated as the Green Building Program coordinator..
Costs and Funding sources — Costs incurred by a green building program can include review of permit
application submittal documents, inspection and verification of green building features, education of staff and
contractors, record keeping, public awareness campaigns, Iand program evaluation. Sources for funding these
activities can. come from building permit fees, . general fund, creation of a special "sustainability" fee,or
requiring applicants to pay directly for some of the services required (e.g., 3`d party plan review and inspection). .
There may be some objection from applicants to pay additional fees when they are trying to build a better and
more environmentally responsible building. It's possible they might perceive it as a penalty for doing the right
thing.
Incentives — Leveraging the power of market forces is one way to develop green building in a community. One
way.to do this is through incentives. Popular incentives include expedited permit processing (which has its own
logisticaYproblems), fee discounts or waivers, grants.and loans, financial incentives, and technical assistance.
Unfortunately for Rohnert Park, the only viable incentive appears to be technical assistance. Even that can only
be provided on a limited basis. As for expedited permit processing, the Building Division already has a quick
turnaround (2-3 weeks) that would be difficult to improve on. .
Program creation and implementation — How will .this program work? What are the mechanisms for
implementation? Who is responsible for creating the paperwork that will accompany green building permit
applications? Staff is still researching and developing this item.
Education — Many contractors, homeowners, material suppliers, city staff members, consultants, realtors, and
others may not be sure what green building is. In order to have an effective program, the city will need to
provide educational opportunities to these groups so they can become better informed as to what green building
really is. There are many myths and misconceptions about green building. Dispelling these myths is essential
to the success of any green building effort.
Planning or Building — Most green building programs in California seem to be included under Planning and
Zoning ordinances. While it might seem. logical for these programs to be under the administration of building
codes and regulations, there are two reasons why they are not. The first.is that California Public Resources
Code section 25402. 1, (h), (2) and Title 24 part 1 of the California Building Code. state that any change to the
California.Energy Code can only be done if a study is performed indicating there is a cost savings associated
With the change. It.must then.be approved by the California Energy Commission. While most green building
guidelines allow applicants to choose how they get their. points, most guidelines require a minimum number of
points in each section. Mandating a minimum number of points in the energy section could be construed as
being in conflict with the aforementioned regulations. The second reason is that the amendments to the
California Building Code are permitted only when findings have been made and filed with the California
Building Standards Commission. These findings must be made on the grounds of climatic, geological, or
topographical conditions. Many green building measures might not fall into any of these three categories. -
Related programs — A green building program should be consistent with other requirements and programs
within the city. This includes greenhouse gas reduction goals, water usage and Ahwahnee Water Principles, a
construction and demolition debris and recycling ordinance, PV solar ordinance, or any other new program that
might come about. It's possible that- green building features could be included in the condo conversion
ordinance. If the city were to implement an energy retro -fit ordinance,- reduction of greenhouse gases could still
occur while new buildings are being constructed. Currently there are no offsetting measures that will
compensate for the increase of greenhouse gases resulting from new construction: Implementing a tiered green
building program will help to minimize the effects of greenhouse gas emissions from new development.
(Note: Staff is in the process of preparing a draft construction and demolition debris and recycling ordinance,
which is planned for Council review within the next few months.)
General Plan -- When the General Plan is updated, sustainability should be considered as a new element, or
consideration should be given to incorporating sustainability as a theme throughout the general plan. Inclusion
of sustainability in the General Plan will provide consistency with other city ordinances, resolutions and
policies.
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: O Consent Item ,�<YRegular Time
P-�Approval ( ) Public Hearing Required
( ) Not Recommended () Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
City Manager's Signature: 04
W Date: Q
City Manager f4o.temporedfaniel Schwarz
Foe �/®• 7-'7
CITY OF RORNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL. REPORT
Meeting Date: April 25, 2006 Council: x
Miscellaneous
Department: Community Development Department communications
14zDPrro A enda a
Submitted By: Ron Ben dorff, Director of Community Development Copy to:
Coy to:
Submittal Date: April 18, 2006
Agenda Title: City Council Review of Extension of Interim Ordinance Imposing a Moratorium on
Medical Marijuana Dispensaries
Requested Council Action: Adopt the attached. Ordinance extending the -Interim Ordinance Imposing a
Moratorium on Medical Marijuana Dispensaries for an additional year.
Background
In November of 1996, California voters enacted Proposition 215, "The Compassionate Use Act of 1996," which
allows a person to use marijuana for medical purposes with a.doctor's recommendation, without violating State
law regarding possession or cultivation of marijuana. In October 2003, the State Legislature adopted SB 420
(Vasconcellos) "Medical Marijuana",*which established further regulations related to medical marijuana. These
regulations include a voluntary program for identification cards for qualified patients. and primary caregivers;
limits on the amount of dried marijuana or marijuana plants per qualified patient, and confidentiality and
privacy restrictions. Am argument can be made that federal restrictions on marijuana sale and use preempt
California's Proposition 215 and subsequent State legislation.
The original adoption of Proposition 215 and the enactment of SB 420 have created increased interest in the
establishment of medical marijuana dispensaries. The City currently does not have regulations regarding
medical marijuana dispensaries and, on April 26, 2005, the City Council adopted an interim ordinance
establishing a moratorium on such facilities and allowing Staff time to develop such regulations. This interim
ordinance was subsequently extended in May, 2005 and remains in effect until April 25, 2006. In the past year,
Staff has been monitoring local, state, and national activities regarding medical marijuana in order to determine
an appropriate course of action for the City. The following is an update on these matters. Staff is also
proposing that the interim ordinance imposing the moratorium be extended- for an additional year, in
.conformance with Government Code section 65858,. to allow additional time to monitor the situation and act
accordingly.
This item was originally noticed for the April 11, 2006'Council agenda. As with the existing interim ordinance,
the extension must be approved by a4/5ths vote of the City Council. Given that only: three Councilmembers
were in attendance at the April 11, 2006 meeting, the item was continued to April 25, 2006.
Update
Litigation
Since the start of the interim moratorium, Staff has been following litigation pertaining to the use and
distribution of medical marijuana. The most notable case is Gonzalez vs. Ranch, which stems from a 2002
lawsuit filed by Angel Raich of Oakland and Diane Monson of Oroville, seeking to prevent the federal
government from interfering with their right under California'law to use medical marijuana. The United States
Supreme Court has affirmed the federal government's ability to prosecute patients for the personal possession
and cultivation of marijuana. The decision did not specifically address the ability of individual states or local
agencies to enact and implement their own medical marijuana laws, so arguably, federal law preempts state law
regarding this subject.
Another case worth noting is County of Santa Cruz et.al. vs, Ashcroft, which involves a collective of medical
marijuana patients and their caregivers who also sought an injunction against the federal government's
enforcement of federal drug laws. In 2003 the preliminary injunction was denied and the district court judge
moved to dismiss the case, however, this decision was reversed in 2004. Since that time, the collective has
continued to cultivate and distribute marijuana. In January, 2006, the collective and the City of Santa Cruz filed
legal papers with, the United States District Court to approve the City's plan to provide medical marijuana
directly to patients. In addition, a special interest group is trying to place an initiative on the November ballot
-that. would make marijuana -related crimes the lowest law enforcement priority for City of Santa Cruz police.
Status oLA edical Marijuana Ordinances in Sonoma Cou,}r tx
To date, only the City of Santa Rosa has adopted an ordinance regarding medical marijuana dispensaries. This
ordinance initially permits only two (2) dispensaries within the city limits and requires that dispensaries be
licensed annually. All employees would have to undergo criminal background checks and beat least 18 years
of age. The Santa Rosa ordinance also requires dispensaries to have security cameras and prohibits the smoking
of the medical marijuana on the dispensary property. The dispensaries are not to be permitted within 500 feet of
youth -oriented facilities, such as schools or parks, a smoke -shop which sells paraphernalia for consuming drug
or tobacco products; or another dispensary. Licenses could be revoked for a number of violations, including
customer conduct, and a dispensary losing its license would not be able to reapply for a new license)for three
years. The Ordinance also has further restrictions on hours of operation, signage. A copy of the Santa Rosa
Ordinance is attached for the Council's reference
In addition to Rohnert Park, the Cities of Cotati, Healdsburg, Petaluma, Sebastopol and Windsor, and the
County of Sonoma have adopted interim moratoria on new medical marijuana dispensaries. The Council may
recall that the County closed a dispensary that opened, illegally in Forestville in November 2005 in spite of the
County's moratorium.
Staff further notes that neither Proposition 215 nor SB 420 specifically direct communities to permit medical
marijuana dispensaries. Furthermore, the plan for the safe and affordable distribution of medical marijuana
mentioned in Proposition 215 has never been adequately developed, leaving local communities ' in the dark
regarding how to proceed in this matter. Given the present ambiguities about the legality of medical marijuana
dispensaries, the Council formally requested that Assemblyman Joe Nation introduce legislation to clarify this
matter. The Council has not heard back from Assemblyman Nation, however.
Department of Public Sore! Opinion
Earlier this year, Staff received a copy of an interoffice memorandum from Ted Giesege, Police Commander, to
Thomas Bullard, Director of Public Safety, dated January 27, 2006, regarding the potential impacts of medical
marijuana dispensaries on the City. This memorandum references the Raich decision and concludes that the
allowance. of such uses could negatively impact the health, safety, and welfare of the community, and could
compromise our working relationship with the Federal Drug Enforcement Agency (DEA). It furthermore
.recommends that the City pass an ordinance, to prohibit medical marijuana dispensaries. A copy of this
memorandum is attached for the Council's reference.
Enclosures:
-Ordinance extending the Interim Moratorium on Medical Marijuana Dispensaries
-City of Santa. Rosa Ordinance Regarding Medical Marijuana Dispensaries
-Interoffice Memo from Ted Giesege on Marijuana Dispensaries dated 1-27-06
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item.() Regular Time
Approval ¢4Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment (Xj Policy Determination by Council
( ) City Comments:
City Manager's Signature: t/ Date:
City Manager Pro Tempore Da#1 Schwarz
ORDINANCE NO. 757
AN EX'T'ENSION OF URGENCY ORDINANCE
CONTINUING A MORATORIUM ON
MEDICAL MARIJUANA DISPENSARIES
FROM APRIL 26, 2006 THROUGH AND INCLUDING
APRIL 25, 2007, TO TAKE EFFECT IMMEDIATELY
WHEREAS, the voters of the State of California approved Proposition 215, codified as
Health and Safety Code section 11362.5 and following, and, entitled "The Compassionate Use
Act of 1996" (the "Compassionate Use Act"); and
WHEREAS, the State enacted Senate Bill 420 to clarify the scope of the Compassionate
Use Act and to allow cities to. adopt rules and regulations consistent with. Senate Bill 420; and
WHEREAS, existing City regulations do not provide for the location and regulation of.
medical marijuana dispensaries; and
WHEREAS, the City Council has directed City staff to prepare a proposal to regulate
medical marijuana dispensaries; and
WHEREAS, if medical marijuana dispensaries were allowed to be established without
appropriate regulation, such uses might be established in areas that would conflict with the
requirements of the General. Plan, contemplated: Specific Plans, and the City's zoning ordinance,
be inconsistent with surrounding uses, or be detrimental to the public health, safety, and welfare,
as well as conflict with, and defeat the purpose of, -the proposal to study and adopt new
regulations regarding medical marijuana dispensaries; and
. WHEREAS, the City Council has previously adopted a moratorium on the opening of
medical marijuana dispensaries in accordance with the requirements of Government Code
section 65858; and
WHEREAS, the extension of the moratorium is intended to give staff and City council an
opportunity to research whether permitting medical marijuana dispensaries would violate federal
law and select the best course of action for its citizens and the community at large and then
implement that option without undue time pressures; and
WHEREAS, in accordance with Government Code Section 65858, urgency interim
Ordinance No. 740, adopted by the City Council on April 26, 2005 and extended by the City
Council on 'May. 25, 2006 for an additional 10 months and 15 days, may be extended by the City
Council for up to one additional year;
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Findings: declaration of urgency.
The City Council of the City of Rohnert Park hereby finds and declares that:
A) City Staff has researched the federal prohibition on medical marijuana dispensaries and
monitored the impacts of medical marijuana dispensaries in other cities, but needs more time to
evaluate both of these issues.
B) There is a need to adopt this urgency interim ordinance extending the existing
moratorium on all new medical marijuana dispensaries for an additional year, subject to the
findings and conditions contained in this Ordinance. The City has received inquiries regarding
the establishment of medical marijuana dispensaries in the City. Medical marijuana dispensaries
have been established in several locations in California, and as a -consequence, some local
agencies have reported an increase in illegal drug activity, illegal, drug sales, robbery of persons
leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to
qualify for medical marijuana, and other increases in criminal activity. Furthermore, the State of
California has not implemented its State-wide identification card program for qualified patients,
and their primary care givers, related to medical marijuana. To protect residents and businesses
from harmful secondary effects of medical marijuana dispensaries, City staff needs additional
time to 1) study licensing and criminal background check procedures; 2) determine which zoning
districts may be appropriate for such a use; 3) determine what level of discretionary review is
required for such uses; and 4) monitor the status of local, state, and federal actions concerning
medical marijuana dispensaries. If medical marijuana dispensaries are allowed to proceed
without appropriate review of location and operational criteria and standards, the dispensaries
could have potential adverse secondary effects on neighborhoods in the City that present a clear
and immediate. danger to the public health, safety, and welfare.
C) If medical marijuana dispensaries were allowed to be established without appropriate
regulation, such uses might be established in areas that would conflict with the requirements of
the General Plan, contemplated Specific Plans, and the City's zoning ordinance. Such uses may
also be inconsistent with federal law, surrounding uses, or be detrimental to the public health,
safety, and welfare. If establishment or development of medical marijuana dispensaries were
allowed to proceed while the City is studying zoning proposals and regulations for this,use, it
would defeat the purpose of studying and considering zoning proposals to regulate or prohibit
this use. Failure to enact this moratorium during the stated period may result in significant
irreversible change to neighborhood and community character. Based on the foregoing, the City
Council declares that the extension of this urgency ordinance is necessary to protect the public
health, safety, and welfare while considering revisions to the zoning regulations related to
medical marijuana dispensaries.
D) :Federal law makes it illegal to cultivate or use marijuana, and this may preempt the City
from permitting medical marijuana dispensaries.
E) , There are negative secondaryeffects associated with medical marijuana dispensaries,
which include burglaries and robberies at dispensaries, sales of medical marijuana to non-
patients, and public drug use in the vicinity of dispensaries.
F) Neither the Compassionate Use Act of 1996 nor Senate Bill 420 require the establishment
of medical marijuana dispensaries, nor do they provide clear direction on how medical marijuana
is to be safely and affordably distributed to patients.
2
Section 2. Moratorium.
The City Council hereby declares a moratorium on any and all medical marijuana
dispensaries.. Marijuana shall mean cannabis and all parts of that plant. Medical marijuana
dispensaries include'any site, facility, location, use, cooperative or business which distributes,
sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to
qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to
Proposition 215, the "Compassionate Use Act of 1996", SB 420 (Vasconcellos) or any State.
regulations adopted in furtherance thereof. Based on the findings set forth herein, no land use
approval or building permit may be issued for a medical marijuana dispensary for the effective
period of this Ordinance.
Section 3. Conflicting Laws.
For the term of this ordinance, as set forth in Section 5 above, the provisions of this
ordinance shall govern. To the extent that there is any conflict between the provisions of this
ordinance and the provisions of any other city code, ordinance, resolution or policy, all such
conflicting provisions shall be suspended.
Section 4. Hardship Exception.
The City, on a case by case basis, shall have the authority, upon a showing of good cause
by an applicant, to waive the interim prohibition/moratorium imposed by this ordinance and
allow for the granting of permits to said applicant pursuant to the Conditional Use Permit process
set forth in Chapter 17.25 of the Rohnert Park Municipal Code. Good cause shall mean a factual
and evidentiary showing by the applicant that the interim moratorium, if not waived, will deprive
the applicant of substantially all reasonable use of his or her property. All such applications for
waiver shall be filed with the City Planning Department. Fees for waiver applications and
associated appeals shall be the same as. those charged for a Conditional Use Permit.
Section 5, Effective Date and Period.
This Ordinance is an urgency ordinance and shall take effect and be enforced
immediately upon adoption. In accordance with California Government Code §65858, this
Ordinance shall be in full force and effect from April 26, 2006, through and including April 25,
2007.
Section 6. Publication and Posting
A summary of this Ordinance and the names of those council members voting for and
against the Ordinance shall be published once in the Community Voice, a newspaper of general
circulation, printed and published in Santa Rosa and circulated in the City of Rohnert Park,
within fifteen (15) days from and after its adoption. The City Clerk shall post at City Hall a copy
of the full text of this Ordinance and the names of those council members voting for and against
the Ordinance. This Ordinance shall take effect immediately upon its adoption.
3
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote
of the City Council of the City of Rohnert Park, County of Sonoma, at the regular meeting of the
City Council of such City, held on the 25th day of April, 2006, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk Judy Hauff
APPROVED AS TO FORM:
l
A sistalitt City Attorney Gabrielle P. Whelan
4
CITY OF ROHNERT PARK
Mayor Tim. Smith
Adding Chapter 10-40, titled Medical Cannabis Dispensaries, to the Santa Rosa City Code
November 1. 2005
ORDINANCE NO. 3754
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 10-40,
TITLED MEDICAL CANNABIS DISPENSARIES, TO THE SANTA ROSA CITY CODE
THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. Chapter 10-40 entitled "Medical Cannabis Dispensaries," is added to the Santa Rosa
City Code to read as follows:
"CHAPTER 10-40
Medical Cannabis Dispensaries
10-40.010 Findings.
The City Council adopts this chapter based upon the following findings:
(A) The voters of the State of California approved proposition 215 (codified as Health and Safety
Code Section 11362.5 et seq.) entitled "The Compassionate Use Act of 1996" (Act).
(B) The intent of Proposition 215 was to enable persons residing in the City of Santa Rosa who
are in need of cannabis for medical purposes to be able to obtain and use it without fear of
criminal prosecution under limited, specified circumstances.
(C) The State enacted SB 420 in 2004, being sections 11362.7, et seq., of the Health and Safety
Code, being identified as.the Medical Cannabis Program, (Program), to clarify the scope of the
Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and
enforce rules and regulations consistent with the Program.
(D) To protect the public health, safety, and welfare, it is the desire of the City Council to modify
the City Code consistent with the Program, regarding the location and operation of Medical
Cannabis Dispensaries.
(E) It is the City Council's intention that nothing in this Chapter shall be deemed to conflict with
federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 841, to otherwise
permit any activity that is lawfully and constitutionally prohibited under that Act.
(F) It is the City Council's intention that nothing in this chapter shall be construed to (1.) allow
persons to engage in conduct that endangers others or causes a public nuisance, (2) allow the
use of cannabis for non-medical purposes, or (3) allow any activity relating to the cultivation,
distribution, or consumption of cannabis that is otherwise illegal.
(G) Pursuant to California Health and Safety Code Section 11362.71 et seq., the State
Department of Health through the state's counties, is to be responsible for establishing and
maintaining a voluntary medical cannabis identification card program for qualified patients and
primary caregivers.
(H) California Health and Safety Code Section 11362.71(b) requires every county health
department, or its designee, to implement a procedure to accept and process applications from
those seeking to join the identification program in the matters set forth in Section 11362.71 et
seq.
(1) This ordinance is hereby found to be categorically exempt from environmental review.pursuant
to CEQA Guidelines Section 15061(b) (3) in that the Council finds and -determines that there is
nothing in this ordinance or its implementation that could foreseeably have any significant effect
on the environment.
10-40.020 Purpose and Intent.
It is the purpose and intent of this chapter to regulate Medical Cannabis Dispensaries in order to
promote the health, safety, morals, and general welfare of residents and businesses within the
City. It is neither the intent nor the effect of this chapter to condone or legitimize the use of
cannabis.
10-40.030 Definitions.
For the purpose of this chapter, the following words and phrases shall mean:
(A) "Applicant" means a person who is required to file an application for a permit under this
chapter, including an individual owner, managing partner, officer of a corporation, or any other
operator, manager, employee, or agent of a dispensary.
(B) "City' means the City of Santa Rosa.
(C) "City Manager" means the City Manager of the City of Santa Rosa or the authorized
representative thereof.
(D) "Drug paraphernalia" shall have the same definition as California Health and Safety Code
Section 11362.5, and as may be amended.
(E) "Identification card" shall have the same definition as California Health and Safety Code
Section 11362.5 et seq., and as may be amended_,
(F) "Medical cannabis dispensing collective," hereinafter "dispensary," shall be construed to
include any association, cooperative, affiliation, or collective of persons where multiple "qualified
patients" and/or "primary care givers," are organized to provide education, referral, or network
services, and facilitation or assistance in the lawful, "retail" distribution of medical cannabis.
"Dispensary" means any facility or location where the primary purpose is to dispense medical
cannabis (i.e., marijuana) as a medication that has been recommended by a physician and where
medical cannabis is made available to and/or distributed by or to two or more of the following: a
primary caregiver and/or a qualified patient, in strict accordance with California Health and Safety
Code Section 11362.5 et seq. A "dispensary" shall not include dispensing by primary caregivers
to qualified patients in the following locations and uses, as long as the location of such uses are
otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of
Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code,
residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health
and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8
of Division 2 of the Health and Safety Code, as long as any such use complies strictly with
applicable law including,.but not limited to, Health and Safety Code Section 11362.5 et seq., or a
qualified patient's or caregiver's place of residence.
(G) "Medical cannabis patient collective," hereinafter "patient collective," shall be defined the
same as "dispensary," but does not operate in a "retail" capacity. As such, "patient collectives" are
exempt from the provisions of this ordinance.
(H) "Permittee" means the person (A) to whom a dispensary permit is issued and (B) who is
identified in California Health and Safety Code Section 11362.7, subdivision (c) or (d), or (e), or
(f}.
(1) "Person" means any individual, partnership, co -partnership, firm, association, joint stock
company, corporation, limited liability company or combination of the above in whatever form or
character.
(J) "Person with an identification card" shall have the same definition as set forth in California
Health and Safety Code sections 11362.5 et seq_, and as they may be amended from time to
time.
(K) "Primary caregiver" shall have the same definition as set forth in California Health and Safety
Code Section 11362.5 et seq., and as may be amended.
(L) "Qualified patient" shall have the same definition asset forth California Health and Safety
Code sections 11362.5 et seq., and as they may be amended from time to time.
(M) "School" means an institution of learning for minors, whether public or private, offering a
regular course of instruction required by the California Education Code, or any child_ This
definition includes an elementary school, middle or junior high school, senior high school, or any
special institution of education, but it does not include a vocational.or professional institution of
higher education, including Santa Rosa Junior College and any other college or university.
(N) "Youth -Oriented Facility" shall mean elementary school, middle school, high school, public
park, and any establishment that advertises in a manner that identifies the establishment as
catering to or providing services primarily intended for minors, or; the individuals who regularly
patronize, congregate or.assemble at the establishment are predominantly minors. This shall not
include a daycare or preschool facility that provides supervision of 8 or fewer minor children, or
children under 10 years of age.
10-40.040 Dispensary Permit Required to Operate.
It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged
in, conducted or carried on, in or upon any premises in the City the operation of,a dispensary
unless the person first obtains and continues to maintain in full force and effect a dispensary
permit from the City as herein required.
10-40.050 Annual Term of Permits and Renewals Required.
(A) Permits issued under this chapter shall expire one (1) year following the date of their
issuance.
(B) Permits may be renewed by the City Manager for additional one (1) year periods upon
application by the permittee, unless the permit is suspended or revoked in accordance with the
provisions of this chapter.
(C) Applications for renewal shall be made at least forty-five (45) days before the annual
expiration date of the permit and shall be accompanied by the nonrefundable application fee
referenced herein. Applications for renewal shall be acted on as provided herein for action upon
applications for permits.
(D) Applications for renewal made less than forty-five (45) days before the annual expiration date
shall not stay the annual expiration date of the permit.
(E) Permits may be revoked or suspended by the City Manager at any time, as provided in this
chapter and City Code.
10-40.060 General Tax Liability.
An operator of a dispensary shall also be required to apply for and obtain a general City tax
certificate or exemption as a prerequisite to obtaining a permit pursuant to the terms.hereof, as
required by the State Board of Equalization.
10-40.070 Imposition of Fees.
Every application for a permit or renewal shall be accompanied by a nonrefundable fee, as
established by resolution of the City Council from time to time_ This application or renewal fee
shall not include fingerprinting, photographing, and background check costs and shall be in
addition to any other business license fee or permit fee imposed by this code or other
governmental agencies,. Fingerprinting, photographing, and background check fees will be as
established by.resolution adopted by the City Council from time to time -
10 -40.080 Limited Use of Fee Revenue.
The revenue raised by payment of the dispensary permit fee shall be placed in a separate
account and such revenue shall be used solely for the purpose of funding regulation, enforcement .
and education programs to mitigate the potential additional costs to administer the program as
well prevent adverse social consequences and effects of medical cannabis sales and use.
10-40.090 Limitations on Number and Size of Dispensaries_ .
(A) During the initial 6 months from the effective date of this Ordinance, the City Manager may not
grant or cause to be granted more than two (2) permits for Medical Cannabis Dispensaries, .
serving up to the maximum limit of 500patients per month, in compliance with the provisions of
this chapter.
(B) After 6 months have lapsed from the effective date of this Ordinance, the City Manager may
consider additional applications for Dispensaries and grant additional permits in compliance with
all provisions of this chapter.
10-40.100 Limitation on Location of Dispensary.
(A) A dispensary may only be located within commercial and industrial designated areas, i.e.,
General Plan and zoning districts, except that a dispensary may not be located within the
Downtown Commercial, CD zoning district.
(B) A dispensary shall be in a highly visible location that provides good views of the dispensary
entrance, windows and premises from the public street.
(C) A dispensary shall not be allowed in the following areas at the time of its permitted
establishment:
(1) Within 500 -feet of a "youth -oriented facility," a "school," a smoke -shop which sells
paraphernalia for consuming drug or tobacco products, or another dispensary; or
(2) Within any residential zoned parcel or primary land use, or any property with an underlying
"residential" or "mobile homes" General Plan land use designation.
(D) The distance between a dispensary and above listed uses shall be made in a straight line.
from the boundary line of the property on which the dispensary is located to the boundary of the
property on which the building or structure, or portion of the building or structure, in which the
above listed use occurs or is located.
(E) A waiver of the provisions in Subsection C above may be granted if the applicant
demonstrates on plans and materials presented for review and the City Manager determines that
a physical barrier or similar condition exists which achieves the same purpose and intent as the
distance separation requirements established herein.
10-40.110 Operating Requirements.
Dispensary operations shall be established and managed only in compliance with the following
standards:
(A) Criminal History. Any applicant, his or her agent or employees, or any person exercising
managerial authority of a dispensary on behalf of the applicant shall not have been convicted of a
felony, or of a misdemeanor involving moral turpitude, or engaged in misconduct related to the
qualifications, functions or duties of a permittee.'A conviction within the meaning of this section
means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(B) Minors.
(1) It shall be unlawful for any permittee, operator, or other person in charge of any dispensary to
employ any person who is not at least eighteen (18) years of age.
(2) Persons under the age of eighteen (18) shall not be allowed on the premises of a dispensary
unless they are a qualified patient or a primary caregiver and they are in the presence of their
parent or guardian.
(3) The entrance to a dispensary shall be clearly and legibly posted with a notice indicating that
person underthe age of eighteen (18) are precluded from entering the premises unless they are
a qualified patient or a primary caregiver and they are in the presence of their parent or guardian.
(C) Operating Hours. A dispensary shall only be operated during the following days and hours:
• Monday, Tuesday and Friday — 8 a.m.. to 5 p.m.
• Wednesday and Thursday — 8 a.m. to 8 p.m.
• Saturday— 10 a.m. to 5 p.m.
• Sunday and (state observed) Legal Holidays - Closed
(D) Dispensary Size and Access.
(1) The dispensary size shall be restricted to serve a maximum of 500 patients per month.
Dispensary size shall be limited, as deemed appropriate and necessary, to best serve patient
needs within the intent of this chapter and reduce potential adverse impacts that might otherwise
occur on surrounding neighborhoods, businesses and demands on City services.
(2) A dispensary shall not be increased in size (i.e.; floor area or number of patients) without a
prior approval amending the existing dispensary permit.
(3) The entrance into the dispensary building shall be locked at all. times with entry strictly
controlled; e.g., a "buzz -in" electronic/mechanical entry system is highly encouraged. A viewer
shall be installed in the door that allows maximum angle of view of the exterior entrance.
(4) Security personnel shall be employed to monitor site activity, control loitering and site access.
(5) Only dispensary staff, primary caregivers, qualified patients and persons with bona -fide
purposes for visiting the site shall be permitted at a dispensary.
(6) Potential patients or caregivers shall not visit a dispensary without first having obtained a valid
Written recommendation from their physician recommending use of Medical Cannabis.
(7) Only a primary caregiver and qualified patient shall be permitted in the designated dispensing
area with dispensary personnel. All other authorized visitors shall remain in the designated
waiting area in the front entrance/lobby.
(8) Restrooms shall remain locked and under the control of management.
(E) Dispensary Supply. A dispensary may possess no more than eight (8) ounces of dried
cannabis per qualified patient or primary caregiver, and maintain no more than six (6) mature or
twelve (12) immature cannabis plants per qualified patient or primary caregiver. However, if a
qualified patient or primary caregiver has a physician's recommendation that this quantity does
not meet the qualified patient's medical needs, the dispensary may possess an amount of
cannabis consistent with the patient's needs.
(F) Dispensing Operations.
(1) A dispensary shall dispense medical cannabis to meet monthly medication needs of qualified
patients, similar to typical pharmacy operations. The dispensary shall strongly discourage and
avoid daily or weekly visits by patients as a routine. practice.
(2) A dispensary shall only dispense to qualified patients or caregivers with a currently valid
physicians approval or recommendation in compliance with the criteria in California Health and
Safety Code sections 11362.5. et seq.
(3) Prior to dispensing Medical Cannabis, the dispensary shall obtain verbal and signed
verification from the recommending Physician that the individual requesting Medical Cannabis is
a qualified patient.
(4) A dispensary shall not have a physician on-site to evaluate patients and provide a
recommendation for medical cannabis.
(5) Patient records shall be maintained on-site and verified as needed, and at least every 6
months with the qualifying patients physician or Doctor of Osteopathy_
(6) Information on prior years operations shall be provided annually, as required in this chapter.
The operator shall adjust the operations as necessary to address issues.
(G) Consumption Restrictions.
(1) Cannabis shall not be consumed on the premises of the dispensary. The term "premises"
includes the actual building, as well as any accessory structures, parking areas, or other
surroundings within 200 feet of the dispensary's entrance.
(2) Dispensary operations shall not result in illegal redistribution of medical cannabis obtained
from the dispensary, or use in any manner that violates local, state or City Codes.
(3) Patients shall not openly medicate in public places.
(H). Retail Sales and Cultivation Prohibited:
(1) No cannabis -shall be cultivated on the premises of the dispensary, except incompliance with
Health and Safety Code 113625. et seq.
(2) No dispensary shall conduct or engage in the commercial sale of any product, good or
service. The term "commercial sale" does not include the provision of medical cannabis on terms
and conditions consistent with this chapter and applicable law.
(3) No dispensary shall sell or display any drug paraphernalia or any implement that may be used
to administer medical cannabis.
(4) A dispensary shall not cultivate, distribute or sell medical cannabis for a profit.
(5) A dispensary shall not pay any supplier(s) of medical cannabis more than the costs incurred
for cultivation and preparation.
(6) A dispensary shall meet all the operating criteria for the dispensing of medical cannabis as is
required pursuant to. California Health and Safety Code sections 11362.5. et seq.
(1) Operating Plans.
(1) Floor plan. A dispensary shall have a lobby "waiting area" at the entrance to receive clients,
and a separate and secure designated area for Dispensing Medical Cannabis to qualified patients
or designated caregivers: The primary entrance shall be located and maintained clear of barriers,
landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or
site driveways.
(2) Storage. A dispensary shall have a suitable locked safe on premises, identified as a part of
the security plan, for after-hours storage of Medical Cannabis.
(3) Minimum staffing levels. The premises shall be staffed with at least one person during hours
of operation who. shall not be responsible for dispensing medical cannabis.
(4) Odors control. A dispensary shall have an air treatment system that ensures off-site odors
shall not result.
(5) Security plans. A dispensary shall provide adequate security on the premises, as approved
by the City Manager, including lighting and alarms, to insure the safety of persons and to protect
the premises from theft.
(6) Security cameras. Security surveillance cameras shall be installed to monitor the main
entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities_ .
(7) Security video retention. Security video shall be maintained for 72 hours.
(8) Alarm system. A professionally monitored robbery alarm system shall be installed and
maintained in good working condition. Santa Rosa City Code section 6-68.130 requires that an
alarm permit be obtained prior to installing an alarm system.
(9) Emergency contact. A dispensary shall provide the City Manager with.the name, phone
number and facsimile number of an on-site community relations staff person to whom one can
provide notice if there are operating problems associated with the dispensary. The dispensary
shall make every good faith effort to encourage neighborhood residents to call this person to try
to solve operating problems, if any, before any calls or complaints are made to the City.
(J) Signage and Notices_
(1) The building entrance to a dispensary shall be clearly and legibly posted with a notice
indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the
dispensary is prohibited..
(2) Signs on the premises shall not obstruct the entrance or windows.
(3) Address identification shall comply with City Code Section 18-16.034 and Fire Department
Illuminated Address Signs bulletin.
(4) Business identification signage shall be limited to that needed for identification only, consisting
of a single window sign or wall sign that shall not exceed 6 square feet in area or 10% of the
window area, whichever is less. Signs shall comply with all ordinances and not contain any logos
or information that identifies, advertises or lists the services offered.
(K) Employee Records. Each owner or operator of a dispensary shall maintain a current register
of the names of all employees currently employed by the dispensary, and shall disclose such
registration for inspection by any City officer or official for purposes of determining compliance
with the requirements of this section.
(L) Patient Records. A dispensary shall maintain records of all patients and primary caregivers
using only the identification card number issued by the county, or its agent, pursuant to California
Health and Safety Code Section 11362.71 et seq., as a protection of the confidentiality of the
cardholders, or a copy of the written recommendation from a physician or Doctor of Osteopathy
stating the need for medical cannabis.
(M) Staff Training. Dispensary staff shall receive appropriate training for their intended duties to
ensure understanding of rules and procedures regarding dispensing in compliance with state and
local law, and properly trained or professionally -hired security personnel.
(N) Site Management.
(1) The operator of the establishment shall take all reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas
surrounding the premises and adjacent properties during business hours if directly related.to the
patrons of the subject dispensary:
(a) "Reasonable steps" shall include calling the police in a timely manner; and requesting those
engaging in objectionable activities to cease those activities, unless personal safety would be
threatened in making the request.
(b) "Nuisance" includes but is not limited to disturbances of peace, open public consumption of
cannabis or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of
passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially
late at night or early in the morning hours, lewd conduct or police detentions and arrests.
(2) The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks,
alleys and areas surrounding the premises and adjacent properties during business hours.
(3) The operator shall ensure that,the hours of operation shall not be a detriment to the
surrounding area-
(4)
rea(4) The operator shall provide patients with a list of the rules and regulations governing medical
cannabis use and consumption within the City and recommendations on sensible cannabis
etiquette.
(0) Trash. Litter, Graffiti_
(1) The operator shall clear the sidewalks adjoining the premises plus10 feet beyond property
lines along the street.as well as any parking lots under the control of the operator as needed to
control.litter, debris and trash.
(2) The operator shall remove all graffiti from the premises and parking lots under the control of .
the operator within 72 hours of its application.
(P) Compliance with Other Requirements. The operator shall comply with all provisions of all
local, state or federal laws; regulations or orders, as well as any condition imposed on any
permits issued pursuant to applicable laws, regulations or orders.
(0) Confidentiality. The information provided for purposes of this section shall be maintained by
the City Manager as confidential information, and shall not be disclosed as public records unless
pursuant to subpoena issued by a court of competent jurisdiction.
(R) Display of Permit. Every dispensary shall display at all times during business hours the
permit issued pursuant to the provisions of this chapter for such dispensary in a conspicuous
place so that the same may be readily seen by all persons entering the dispensary_
(S) Reporting and Payment of Fees. Each permittee shall file a sworn statement with the City
Manager indicating the number of patients served by the dispensary within the previous calendar
year, and pay all annual permit fees.
10-40.120 Application Preparation and Filing.
(A) Application Filing. A complete application submittal packet shall be submitted including all
necessary fees and all other information and materials required by the City and this chapter. All
applications for permits shall be filed with the City Manager, using forms provided by the City. It
is the responsibility of the applicant to provide information required for approval of the permit. The
application shall be made under penalty of perjury.
(B) Eligibility for Filing. Applications may only be filed by the owner of the subject property, or
person with a lease signed by the owner or duly authorized agent allowing them to occupy the
property for.the intended use.
(C) Filing Date. The filing date of any application shall be the date when the City receives the last
submission of information or materials required in compliance with the submittal requirements
specified herein.
(D) Effect of Incomplete Filing.. Upon notification that an application submittal is incomplete, the
applicant shall be granted an extension of time to submit all materials required to complete the
application within ten (10) days. If the application remains incomplete in excess often (10) days
the application shall be deemed withdrawn and new application submittal shall be required in
order to proceed with the subject request. The time period for granting or denying a permit shall
be stayed during the period in which the applicant is granted an extension of time.
(E) Effect of Other Permits or Licenses. The fact that an applicant possesses other types of state
or City, permits or licenses does Pot exempt the applicant from the requirement of obtaining a
dispensary permit.
(F) Submittal Requirements. Any application for a'permit shall include the following information:
(1) Applicant(s) name. The full name (including any current or prior aliases, or other legal names
the applicant is or has been known by, including maiden names), present address, and telephone
number of the applicant;
(2) Applicant(s) mailing address_ The address to which notice of action on the application is to be
mailed;
(3) Previous addresses. Previous addresses for the past five years immediately prior to the
present address of the applicant;
(4) Verification of age. Written proof that the applicant is over the age of eighteen (18) years of
age;
(5) Physical description. Applicant's height, weight, color.of eyes and hair;
(6) Photographs. Passport quality photographs for identification purposes;
(7) Employment history. All business, occupation,. or employment of the applicant for the five
years immediately preceding the date of the application;
(8) Tax history. The dispensary business tax history. of the applicant, including whether such
person, in previously operating in this or another city, county or state under license has had a
business license revoked or suspended, the reason therefore, and the business or activity or
occupation subsequent to such action of suspension or revocation;
(9) Management information. The name or names and addresses of the person or persons
having the management or supervision of applicant's business;
(10). Criminal background. A background investigation verifying whether the person or person
having the management or supervision of applicant's business has been convicted of a crime(s),
the nature of such offense(s), and the sentence(s) received therefore;
(11) Employee information. Number of employees, volunteers, and other persons who will work
at the dispensary;
(12) Statement of dispensary need. A statement and/or information to establish the need for the
additional dispensary to serve qualified patients in the area;
(13) Plan of Operations. A plan of operations describing how the dispensary will operate
consistent with the intent of state law and the provisions of this ordinance, including but not
limited to:
(a) Ensuring cannabis is not purchased or sold by the dispensary in a manner that would
generate a profit.
(b) Controls that will assure medical cannabis will be dispensed to qualifying patients or
caregivers only.
(c) Controls that will ensure limitations on numbers of patients is adhered to.
(d) Controls that will ensure access to dispensary premises is adequately monitored and
restricted to pre -approved qualified patients and caregivers.
(e) Method for ensuring that a qualified patient's physician is not recommending cannabis for less
than medically appropriate reasons.
(14) Written Project Description. A written description summarizing the proposed dispensary use
size, number of patients, characteristics and intent.
(15) Written response to dispensary standards. The applicant shall provide a comprehensive
written response identifying how the dispensary plan complies with the each of the standards for
review in this chapter, specifically the Limitation on Number and Size, Limitation on Location, and
Operating Requirements sections.
(16) Written response to Criteria for Review section. The applicant shall provide a written
response indicating how each of the criteria for review has been satisfied..
(17) Security plan. A detailed security plan outlining the proposed security arrangements for
insuring the safety. of persons and to protect the premises from theft. The plan shall include
installation of security cameras, a robbery alarm system monitored by a licensed operator, and a
security assessment of the site conducted by a qualified professional;
(18) Floor plan. A sketch or diagram showing the interior configuration of the premises, including
a statement of the total floor area occupied by the dispensary. The sketch or diagram need not
be professionally prepared, but must be drawn to'a designated. scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;
(19) Site plan. A sketch or diagram showing exterior configuration of the premises, including the
outline of all structures, parking and.landscape areas, and property boundaries. The sketch or
diagram need not be professionally prepared, but must be drawn to a designated scale or drawn
with marked dimensions to an accuracy of plus or minus six (6) inches;
(20) Neighborhood context map. An accurate straight-line drawing depicting the building and the
portionthereof to be occupied by the dispensary, all properties and uses within 500 feet of the
boundaries of the property on which the dispensary permit is requested, and: (1) the property line
of any dispensary within 500 feet of the primary entrance of the dispensary for which a permit is
requested; (2) the property line of any "smoke shop" .within 500 feet of the primary entrance of the
dispensary; and (3) the property lines of any school, park, or residential zone or use within 500
feet of the primary entrance of the dispensary;
(21) Lighting plan. A lighting plan showing existing and proposedexterior premise and interior
lighting levels that would be the minimum necessary to provide adequate security lighting for the
use and comply with all City standards regarding lighting design and installation;
(22) City authorization., Written authorization for the City, its agents and employees to seek
verification of the information contained within the application;
(23) Statement of owners consent. A statement in writing by the applicant that he or she certifies
under penalty of perjury that the applicant has the consent of the Property Owner and Landlord to
operate a dispensary at the location.
(24) Applicants certification. A statement in writing by the applicant that he or she certifies under,
penalty of perjury that all the information contained in the application is true and correct.
(25) Other information. Such other identification and information as deemed necessary by the
City Manager to demonstrate compliance with this chapter and City Codes, including operating
requirements established herein;
(G) Annual Renewal. Applications for annual renewal shall be accompanied by the following
minimum information:
(1) The operator shall report the number of patients served and pay applicable fees, as required
by this chapter_
(2) The operator shall provide a detailed description of any adjustments and changes proposed or
that have occurred in dispensary operations to address issues, or comply with laws.
(3) The operator shall identify any problems encountered during operations and how they have
been addressed.
(4) The operator shall identify how the dispensary has managed its operations to comply with the
Operating requirements of this chapter and with state law.
10-40.130. Criteria for Review.
The review authority shall consider the following criteria in determining whether to grant or deny a
dispensary permit, and annual renewals:
(A) That the dispensary permit is consistent with the intent of Proposition 215 and related state
law, the provisions of this chapter and the City Code, including the Application submittal and
Operating requirements herein.
(B) That the dispensary location is not identified as having significant crime issues (e.g., based
upon crime reporting district/statistics as maintained by the police department).
(C) That there have not been significant numbers of'calls for police service, crimes or arrests in
the area or to an existing dispensary location.
(D) Thafan applicant or employee,is'nbt under eighteen (18) years of age.
(E) That all required application materials have been provided and/or the dispensary has
operated successfully in a manner that shows it would comply with the Operating Requirements
and standards specified in this chapter.
(F) That all required application or annual renewal .fees have been paid and reporting
requirements have been satisfied in a timely manner:
(G) That an appropriate limit on size of the dispensary has been established and the requested
permit would not exceed limitations on number of patients and/or permits allowed by this chapter.
(H) That issuance of a dispensary permit for the size requested is justified to meet needs of
residents.
(1) That issuance of the dispensary permit would serve needs of residents at this location.
(J) That fhe.location in not is prohibited by the provisions of this chapter or any local or state law,
statute, rule -or regulation and no significant nuisance issues or problems are anticipated or
resulted.
(K) That the site plan, floor plan, and security plan have incorporated features necessary to assist
in reducing potential crime -related problems and as specified in the Operating Requirements
section. These features may include, but are not limited to, security on-site; procedure for
allowing entry; openness to surveillance and control of the premises; the perimeter, and
surrounding properties; reduction of opportunities for congregating and obstructing public ways
and neighboring property;, illumination of exterior areas; and limiting furnishings and features that
encourage loitering and nuisance behavior.
(L) That no dispensary use, owner, permittee, agent, or employee has violated any provision of
this chapter including grounds for.suspension, modification or revocation of a permit.
(M) That all reasonable measures have been incorporated into the plan and/or consistently taken
to successfully control the establishment's patrons' conduct resulting in disturbances, vandalism,
crowd control inside or outside the premises, traffic control problems, ingesting cannabis in
public, or creation of a public or private nuisance, or interference of the operation of another
business.
(N) That the dispensary would not adversely affect the health, peace or safety of persons living or
working in the surrounding area, overly burden a specific neighborhood with special needs or
high impact uses, or contribute to a public nuisance; or that the dispensary has resulted in
repeated nuisance activities including disturbances of the peace, illegal drug activity, ingesting
cannabis in public, harassment of passerby, excessive littering, excessive loitering, illegal
parking, excessive loud noises, especially late at night or early in the morning hours, lewd
conduct, or police detentions or arrests.
(0) That any provision of the City Code or condition imposed by a City issued permit, or any
provision of any other local, State or Federal law, regulation, or order, or any condition imposed
by permits issues in compliance with those laws has not been violated.
(P) That the applicant has not violated any local or state law, statute, rule or regulation respecting
the distribution, possession, or consumption of cannabis.
(0) That the applicant has not knowingly made a false statement of material fact or has knowingly
omitted to state a material fact in the application for a permit.
(R) That the applicant, his or her agent or employees, or any person who is exercising managerial
authority on behalf of the applicant has not been convicted of a felony, or of a misdemeanor .
involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or
duties of a permittee. A conviction within the meaning of this section means a plea or verdict of
guilty or a conviction following a plea of. nolo contendere.
(S) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts
or practices.
10-40.140 Investigation and Action on Application_
After the making and filing of a complete application for the dispensary permit and the payment of
the fees, the City Manager shall conduct a background check of the applicant and all employees
and conduct an investigation.of the application, and take action as follows:
(A) The City Manager shall refer the application..to any other City departments as necessary to
complete his or her investigation into the application.
(B) Within 45 days after completion of his or her investigations, the City Manager shall either
grant or deny the application in accordance with the provisions of this chapter.
(C) In approving a dispensary permit, the City Manager may impose conditions, restrictions or
require revisions to the proposal to comply with the purpose and intent of this chapter.
(D) The City Manager shall cause a written notice of his or her decision toi issue or deny a permit
to be mailed to the applicant by U.S. mail.
(E) Notwithstanding the provisions of this Section, the City Manager, in his or her discretion, may
refer an application for a permit to the City Council.
1040.150 Appeal from City Manager's Determination.
(A) An applicant aggrieved by the City Manager's decision to issue or deny a permit may appeal
such decision to the City Council by filing a written notice stating all grounds on which the appeal
is based and paying applicable appeal fee with the City Clerk within ten (10) working days of the
City Manager's written notice of decision. If an appeal is not taken within such time, the City
Manager's decision shall be final.
(B) The City Council shall consider the appeal within 45 days of the date of filing the appeal. The
City Clerk shall give 10 days. notice to the person filing the appeal of the time and place of the
meeting scheduled on the appeal by serving notice personally or by depositing it in the United
States Post Office at Santa Rosa, California, postage prepaid, addressed as shown on the appeal
papers. The Council shall have the authority to determine all questions raised on such appeal.
No such determination shall conflict with any substantive provision of this chapter.
10-40.160 Effect of Denial.
When the City Manager shall have denied or revoked any permit provided for in this Chapter and
the time for appeal to the Council shall have elapsed, or, if`after appeal to the Council, the
decision of the City Manager has been affirmed by the Council, no new application for a permit
shall be accepted from the applicant and no such permit shall be issued to such person or to any
corporation in which he shall have any beneficial interest for a period of three years after the
action denying or revoking the permit.
10-40.170 Suspension and Revocation
(A) Any permit issued under the terms of this chapter may be suspended or revoked by the City
Manager when it shall appear to him or her that the permittee has violated any of the
requirements of this chapter or the dispensary is operated in a manner that violates the provisions
of this chapter, including the Criteria for Review and Operating Requirements sections, or
conflicts with state law.
(B) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by
virtue of this section until written notice of the intent to consider revocation or suspension of the
permit has been served upon the person to whom the permit was granted, at least five (5) days
prior to the date set for such review. Such notice shall contain a brief statement of the grounds to
be relied upon for revoking or suspending such permit. Notice may be given either by personal
delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope,
postage prepaid, return receipt requested, addressed to the person.to be notified at his/her
address as it appears in his/her application for a permit.
(C) If any person holding a permit or acting under the authority of such permit under this article is
convicted of a public offense in any court for the violation of any law which relates to his or her
permit, the City Manager may revoke said permit forthwith without any further action thereof,
other than giving notice of revocation to the permittee.
10-40.180 Transfer of Permits.
(A) A permittee shall not operate a dispensary under the authority of a dispensary permit at any
place other than the address of the dispensary stated in the application for the permit.
(B) A permittee shall not transfer ownership or control of a dispensary or transfer a dispensary
permit to another person unless and until the transferee obtains an amendment to the permit from
the City Manager stating that the transferee is now the permittee. Such an amendment may be
obtained only if the transferee files an application with the City Manager in accordance with this
all provisions of this Chapter accompanied by a transfer fee in an amount set by resolution of the
City Council, and the City Manager determines in accordance this chapter that the transferee
would be entitled to the issuance of an original permit.
(C) No permit may be transferred when the City Manager has notified the permittee that the
permit has been or may be suspended or revoked.
(D) Any attempt to transfer a permit either directly or indirectly in violation of.this section is hereby
declared void, and the permit shall be deemed revoked.
10-40.190 Time Limit for Filing Application for Permit (Pre-existing dispensary).
All persons lawfully operating within the City immediately prior to the effective.date of this chapter
must apply for and obtain a dispensary permit within ninety (90) days of the effective date of the
.ordinance codified in this chapter. Continued operation of a dispensary without a permit more
than ninety (90) days after the effective date of this ordinance shall constitute a violation of this
chapter.
10-40.200 Time Limit for Filing Applications upon Annexation.
Any dispensary that was legally established in the County and which is subsequently annexed
into the City must apply for and obtain.a dispensary permit in compliance with the provisions of
this chapter within ninety(90) days from date of annexation. Continued operation of a dispensary
without a permit more than ninety (90) days after annexation shall constitute a violation of this
chapter.
10-40.210 Violations.
(A) It is unlawful for any person, individual, partnership, co -partnership, firm, association, joint
stock company, corporation, limited liability company or combination of the above in whatever
form or character to violate any provision or fail to comply with any of the requirements of this
ordinance.
(B) A violation of this chapter shall be punished in accordance with City Code Section 1-28.010
10-40.220 Remedies Cumulative.
All remedies prescribed, under this chapter shall be cumulative and the use of one or more
remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the
provisions hereof
10-40.230 Separate Offense for Each Day.
Any person that violates any provision of this chapter shall be guilty of a separate offense for
each and every day during any portion of which any such person commits, continues, permits, or
causes a violation thereof, and shall be penalized accordingly.
10-40.240 Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this
chapter shall be and is hereby declared a public nuisance and may be summarily abated by the
City.
10-40.250 Criminal Penalties.
Any person who violates, causes, or permits another person to violate any provision of this
chapter commits a misdemeanor.
10-40.260 Civil Injunction.
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of City Manager, create a cause of action for injunctive
relief.
10-40.270 Administrative Remedies.
In addition to the civil remedies and criminal penalties set forth above, any person that violates
the provisions of this chapter may be subject to administrative remedies as set forth by the Santa
Rosa City Code.
10-40.280 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause,
word, sentence, or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
provisions of this Chapter.
10-40.290 Judicial Review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of
mandate with the superior court in accordance with the provisions of the California Code of Civil
Procedure Section 1094.5. Any such petition shall be filed within ninety (90) days after the day
the decision becomes final as. provided in California Code of Civil Procedure Section 1994.6
which shall be applicable for such actions.
Section 2. General Plan Consistency. The proposed amendment is consistent with the goals
and policies of all elements of the General Plan in that the proposed licensing of the proposed
use is considered to be consistent with an underlying pharmacy or medical service use which
would be consistent with the commercial and industrial General Plan land use classifications that
apply to the areas in which the use would be licensed.
Section 3. Public Interest, Health, Safety, Convenience or Welfare. The proposed Ordinance
would not be detrimental to the public interest, health, safety, convenience or welfare of the City
in that the amendment implements State Health and Safety Code Section 11362.5, et..Seq., and
serves an identified need of residents of the City with appropriate limitations and restrictions
established therein that are intended to ensure such facilities that may be operated within the City
should not have adverse effects in this regard.
Section 4. Environmental Determination. The Council finds that the adoption and implementation
of this ordinance are exempt from the provisions of the California Environmental Quality Act,
pursuant to CEQA Guidelines Section 15060(c)(2) in that the Council finds there is no
foreseeable possibility that the implementation of -this ordinance to add anew medical service .
land use classification and specific land use standards to regulate the land use would have any
direct or indirect significant effects on the environment_
Section 5. Term of Ordinance. This ordinance shall remain in effect until amended or repealed
by the City Council.
Section 6. Fee Schedule. The City Manager shall initiate a fee schedule to establish dispensary
permit application fee, renewal fee and transfer fee amounts.
Section 7. Forms. The City Manager shall initiate preparation of any application forms and
materials required to implement the dispensary permit process.
Section 8. Severability. If any action, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 9. Effective Date. This ordinance shall take effect on the 31 st day following its adoption.
Section 10_ Repeal of Moratorium. Ordinance No. 3717 is repealed and shall have no further
effect on or after December 2, 2005, provided that as to any violation of the provisions of
Ordinance -No. 3717 that occurred prior to December 2, 2005, the provisions of Ordinance No.
3717 shall remain in full force and effect.
IN COUNCIL DULY PASSED AND ADOPTED this 1 st day of November, 2005.
INTER OFFICE MEMORANDUM
TO: Thomas Bullard . FROM: Ted Giesige
Director of Public Safety Police Commander
SUB]: Marijuana Dispensaries DATE: 1-27-06
Executive Summary:
The Controlled Substances Act designates marijuana. as a Schedule I drug,
meaning that it is unlawful to distribute, dispense, or possess marijuana under
federal. law. In 1996, California voters approved Proposition 215, "The
Compassionate Use Act of 1996." The intent of Proposition 215 was to allow
people to use marijuana for medical purposes; the proposition did not permit nor
authorize medical marijuana dispensaries. The proposition was supported and
driven by the National Organization for the Reform of Marijuana Laws.
On June 6, 2005, the US Supreme Court resolved the conflict between the
federal law prohibiting the possession and use of marijuana and the state
proposition allowing the use of marijuana. for medical purposes. In the case of
Gonzalez v. Raich the Court decided that allowing marijuana to be used for
medical purposes violates federal law, and those in possession of and/or using
marijuana are subject to prosecution.
Based upon the experiences of other communities, marijuana dispensaries are a
magnet for criminal activity. The commercial distribution of marijuana creates an
incredible amount of -foot traffic within the area, resulting in a variety of public
nuisance issues, and negatively impacts the public health, safety, and welfare of
communities. The dissemination of marijuana to.medicinal patients and those
posing to be medicinal patients provides a greater opportunity for marijuana to
spread throughout our community:
In December 2003, the Rohnert Park Department of Public Safety recognizeda
significant increase in drug, gang, and criminal activity within the City during the
previous years. There was an obvious connection between criminal activity and
drugs. In 2004, the Department presented to the City Council a planned
approach to rid the community of its negative ,elements, primarily drugs, gangs,
and repeat criminal offenders. The plan was endorsed by the City Council, and,
to date, we have been successful in significantly.reducing the number of
burglaries and gang and drug-related incidents in the City.
In light of the recent US Supreme Court decision finding that using marijuana for
medical purposes violates federal law, the propensity for marijuana dispensaries