September 27, 2016 8:30 A.M

AGENDA BOARD OF SUPERVISORS SONOMA COUNTY 575 ADMINISTRATION DRIVE, ROOM 102A SANTA ROSA, CA 95403

TUESDAY SEPTEMBER 27, 2016 8:30 A.M. (The regular afternoon session commences at 1:30 p.m.)

Susan Gorin First District Veronica A. Ferguson County Administrator David Rabbitt Second District Bruce Goldstein County Counsel Shirlee Zane Third District James Gore Fourth District Efren Carrillo Fifth District

This is a simultaneous meeting of the Board of Supervisors of Sonoma County, the Board of Directors of the Sonoma County Water Agency, the Board of Commissioners of the Community Development Commission, the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District, the Board of Directors of the Northern Sonoma County Air Pollution Control District, the Sonoma County Public Finance Authority, and as the governing board of all special districts having business on the agenda to be heard this date. Each of the foregoing entities is a separate and distinct legal entity.

The Board welcomes you to attend its meetings which are regularly scheduled each Tuesday at 8:30 a.m. Your interest is encouraged and appreciated.

AGENDAS AND MATERIALS: Agendas and most supporting materials are available on the Board’s website at http://www.sonoma-county.org/board/. Due to legal, copyright, privacy or policy considerations, not all materials are posted online. Materials that are not posted are available for public inspection between 8:00 a.m. and 5:00 p.m., Monday through Friday, at 575 Administration Drive, Room 100A, Santa Rosa, CA.

SUPPLEMENTAL MATERIALS: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the Board of Supervisors office at 575 Administration Drive, Room 100A, Santa Rosa, CA, during normal business hours.

DISABLED ACCOMMODATION: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact the Clerk of the Board at (707) 565-2241 or [email protected] as soon as possible to ensure arrangements for accommodation.

Public Transit Access to the County Administration Center: Sonoma County Transit: Rt. 20, 30, 44, 48, 60, 62 Santa Rosa CityBus: Rt. 14 Golden Gate Transit: Rt. 80 For transit information call (707) 576-RIDE or 1-800-345-RIDE or visit or http://www.sctransit.com/

APPROVAL OF THE CONSENT CALENDAR The Consent Calendar includes routine financial and administrative actions that are usually approved by a single majority vote. There will be no discussion on these items prior to voting on the motion unless Board Members or the public request specific items be discussed and/or removed from the Consent Calendar.

PUBLIC COMMENT Any member of the public desiring to address the Board on a matter on the agenda: Please walk to the podium and after receiving recognition from the Chair, please state your name and make your comments. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the subject under discussion. Each person is usually granted 3 minutes to speak; time limitations are at the discretion of the Chair. While members of the public are welcome to address the Board, under the Brown Act, Board members may not deliberate or take action on items not on the agenda.

September 27, 2016 8:30 A.M. CALL TO ORDER

PLEDGE OF ALLEGIANCE

I. APPROVAL OF THE AGENDA (Items may be added or withdrawn from the agenda consistent with State law)

II. CONSENT CALENDAR (Items 1 through 18)

AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT (Directors: Gorin, Rabbitt, Zane, Gore, Carrillo)

1. Estero Ranch Mitigation Proposal – Adopt a Resolution making findings in order for a Caltrans-funded habitat mitigation project on the Estero Ranch Property to be consistent with the District’s Estero Ranch Conservation Easement. (Fifth District)

SONOMA COUNTY WATER AGENCY (Directors: Gorin, Rabbitt, Zane, Gore, Carrillo)

2. Authorize the General Manager to execute an agreement with Caltrans for the Water Agency to complete remediation work to a Tie-in Project at Kastania Boulevard and receive reimbursement for costs estimated at $184,711. (Second District)

3. Hydrologic and Geophysical Model of Wohler Facilities – (A) Authorize the General Manager to execute Amendment No. 3 to an agreement with Regents of University of California, Lawrence Berkeley National Laboratory, for hydrologic and geophysical model of Wohler facilities increasing the amount by $80,000, and extending the agreement term by one year for a new not-to-exceed agreement total of $290,421; and end date of December 31, 2017. (B) Authorize the General Manager to execute cooperative agreement for Mirabel and Wohler water quality investigation with the United States Department of the Interior, Geological Survey, for the amount of $179,500; agreement terminates on September 30, 2018. (C) Consistent with other agreements, Authorize the General Manager to amend the agreements in ways that do not increase the amount paid or significantly change the scope of work or length of the agreement, and Authorize the General Manager to terminate the agreements.

SONOMA VALLEY COUNTY SANITATION DISTRICT (Directors: Gorin, Carrillo, Mayor Gallian)

4. Authorize the Chair to execute a contract with TerraCon Constructors, Inc. for $2,002,515 for construction of the North Bay Water Reuse Program Sonoma Valley County Sanitation District Treatment Plant Pumping and Piping Upgrades, and Delegate authority to the General Manager to take certain actions to administer the contract. (First District)

2 September 27, 2016 CONSENT CALENDAR (continued)

BOARD OF SUPERVISORS

5. Approve Advertising Program grant Awards and Authorize the County Administrator to execute a contract with the following non-profit entities for advertising and promotions activities for Fiscal Year 2016-17: Ag Innovations on behalf of The Farmers Guild, $500. (Second District)

6. Approve Advertising Program grant awards and Authorize the County Administrator to execute a contract with the following non-profit entities for advertising and promotions activities for Fiscal Year 2016-17: Ag Innovations on behalf of the Farmers Guild, $500; Loco Bloco on behalf of the Windsor Bloco Youth Drum & Dance Ensemble, $500; Slow Food Russian River, $500; Courtney’s Pumpkin Patch, $750; Windsor Educational Foundation, $1,200; Friends of Lake Sonoma, $1,500; Rotary Club of Cloverdale, $500; Cloverdale Performing Arts Center, Inc., $5,000; and Geyserville Chamber of Commerce, $1,000. (Fourth District)

7. Approve Advertising Program grant awards and Authorize the County Administrator to execute a contract with the following non-profit entities for advertising and promotions activities for Fiscal Year 2016-17: Ag Innovations on the behalf of the Farmer’s Guild, $500; Bodega Bay Fisherman’s Festival, $2,500; Bodega Volunteer Fire Department, $1,000; California Parenting Institute, $1,000; Centro Laboral de Graton, $1,500; Children’s Museum of Sonoma County, $10,000; Graton Community Club, $1,000; Lifeschool, $1,000; Los Cien, $3,000; Monte Rio Chamber of Commerce, $1,000; Museums of Sonoma County, $500; Occidental Community Choir, $750; Russian River Alliance, $1,250; Russian River Chamber of Commerce, $3,000; Russian River Rotary Foundation, $5,000; Slow Food Russian River, $1,000; Stewards of the Coast and Redwoods, $5,000; The Regents of the University of California Agriculture and Natural Resources on behalf of UC Master Gardeners of Sonoma County, $1,000; Western Sonoma County Historical Society, $695; and Latino Service Providers, $500.. (Fifth District)

COUNTY COUNSEL/COUNTY ADMINISTRATOR

8. Adopt a Resolution to Authorize the Chair to execute an Intergovernmental Mitigation Agreement with the Dry Creek Rancheria Band of Pomo Indians to address the Tribe’s request to the Secretary of the Interior to accept the 6-acre Alexander Valley RV Park and Campground located at 2411 Alexander Valley Road, Geyserville, into federal trust status for Non-Gaming Purposes.

GENERAL SERVICES/ FIRE AND EMERGENCY SERVICES

9. Authorize the Clerk to publish a notice declaring the Board’s intention to execute a lease amendment for the Fire and Emergency Services department with Alan Gould, landlord, in order to extend the lease term through February 28, 2018 at a rental rate of $3,250 per month for warehouse storage space at 365 Tesconi Circle, Santa Rosa. (First Reading)

FIRE AND EMERGENCY SERVICES

10. Authorize the Chair to sign the amended agreements with Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Valley Ford, and Wilmar Volunteer Fire Companies; and the amended agreements with Bloomfield and Two Rock Volunteer Fire Companies for a change in deadline for notification of termination extending the automatic renewal date from September 30, 2016 to December 31, 2016. 3 September 27, 2016 CONSENT CALENDAR (continued)

PERMIT AND RESOURCE MANAGEMENT

11. AGP15-0023 – Land Conservation Act Contract Compliance Determination; Charles and Jennifer Silver. Adopt a Resolution finding the parcel in compliance with an existing Land Conservation Contract and Rule 4.0 of the Sonoma County Uniform Rules for Agricultural Preserves; located at 5857 Dry Creek Road, Healdsburg, Assessor Parcel Numbers 090-230-022 and -015. (Fourth District)

REGIONAL PARKS

12. Adopt a Resolution authorizing the Director to apply for the State Parks’ Habitat Conservation Fund in the amount of $250,000 for McCormick Ranch acquisition and authorizing the Director to execute all documents which may be necessary to carry out and administer the grant. (First District)

SHERIFF’S OFFICE

13. Authorize the Sheriff-Coroner to execute an agreement for Interview Room Equipment and associated Digital Evidence Management services with TASER International, Inc. from October 1, 2016 through September 30, 2021. Total expenditures are not-to-exceed $75,000 over the term of the contract.

APPOINTMENTS/REAPPOINTMENTS (Items 14 through 15)

14. Approve the appointment of Regina Romona De La Cruz to the Agricultural Preservation and Open Space District Fiscal Oversight Commission, representing the Third District, for a term of two years, beginning September 27, 2016 and ending September 27, 2018. (Third District)

15. Approve the appointment of Robert Cobb to the Mental Health Board serving a three-year term beginning on September 27, 2016 and ending on December 31, 2019. (Fourth District)

PRESENTATIONS/GOLD RESOLUTIONS (Items 16 through 18)

PRESENTATIONS AT THE BOARD MEETING

16. Adopt a Gold Resolution proclaiming October 1, 2016 as Bay Day and the first Saturday of October in future years to be Bay Day in Sonoma County. (Agricultural Preservation and Open Space District)

17. Adopt a Gold Resolution recognizing September 27, 2016 as National Voter Registration Day. (Clerk-Recorder-Assessor)

PRESENTATIONS AT A DIFFERENT DATE

18. Approve a Gold Resolution honoring Kara Heckart for Ten Years of Service as the Executive Director for the Sonoma Resource Conservation District. (Fourth District)

4 September 27, 2016 III. REGULAR CALENDAR (Items 19 through 20)

GENERAL SERVICES/ AUDITOR-CONTROLLER-TREASURER-TAX COLLECTOR AND SONOMA COUNTY WATER AGENCY (Directors: Gorin, Rabbitt, Zane, Gore, Carrillo) AND SONOMA COUNTY PUBLIC FINANCING AUTHORITY (Directors: Gorin, Rabbitt, Zane, Gore, Carrillo)

19. Sonoma County Energy Independence Program (SCEIP) Bonding Authorization, Interest Rate Determination and Program Update – (A) Acting as the Board of Directors of the Sonoma County Public Finance Authority, Adopt a Resolution and Approve agreements with the County authorizing continued issuance and sale of revenue bonds to fund the SCEIP; (B) Acting as the County Board of Supervisors, Adopt Resolutions authorizing the Treasurer to invest in bonds issued by the Public Finance Authority and authorizing execution of various related agreements with the Public Finance Agency including a bond purchase agreement and a loan agreement; (C) Acting as the Directors of the Sonoma County Water Agency, Adopt a Resolution withdrawing funds from the County Treasury Pool and authorizing the withdrawn funds to be invested in SCEIP bonds as a long-term Water Agency investment; (D) Adopt Resolutions and Approve agreements with the County authorizing continued issuance and sale of revenue bonds, determination of the interest rate and loan of funds to the County, to fund the SCEIP; and (E) Accept the SCEIP annual update.

20. Accept a report on the General Service Department’s Energy and Sustainability Division

21. PUBLIC COMMENT ON CLOSED SESSION ITEMS

IV. CLOSED SESSION CALENDAR (Item 22)

22. The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel – Initiation of Litigation. (Government Code Section 54956.9(d)(4)).

5 September 27, 2016 V. REGULAR AFTERNOON CALENDAR (Items 23 through 27)

23. RECONVENE FROM CLOSED SESSION

24. REPORT ON CLOSED SESSION

VI. BOARD MEMBER REPORTS ON ASSIGNED BOARDS, COUNCILS, COMMISSIONS OR OTHER ATTENDED MEETINGS

VII. PRESENTATIONS/GOLD RESOLUTIONS (Items 16 through 17, approved on the Consent Calendar)

25. 2:00 P.M. - PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE BOARD AND ON BOARD MEMBER REPORTS (Comments are restricted to matters within the Board’s jurisdiction. The Board will hear public comments at this time for up to thirty minutes. Please be brief and limit your comments to three minutes. Any additional public comments will be heard at the conclusion of the meeting. While members of the public are welcome to address the Board, under the Brown Act, Board members may not deliberate or take action on items not on the agenda.)

PERMIT AND RESOURCE MANAGEMENT

26. Permit and Resource Management Department: Review and possible action on the following: Acts and Determinations of Planning Commission/Board of Zoning Adjustments Acts and Determinations of Project Review and Advisory Committee Acts and Determinations of Design Review Committee Acts and Determinations of Landmarks Commission Administrative Determinations of the Director of Permit and Resource Management (All materials related to these actions and determinations can be reviewed at: http://www.sonoma-county.org/prmd/b-c/index.htm)

27. ADJOURNMENT NOTE: The next regular meeting will be held on Tuesday, October 4, 2016. Upcoming Hearings (All dates tentative until each agenda is finalized) October 4th (PM) - Knights Bridge Winery; UPE13-0046. October 18th (PM) - Appeal of a Board of Zoning Adjustments decision to approve a Coastal Permit for a second story addition and remodel to a single family dwelling; CPH15-0009. October 25th (PM) - Sebastopol Independent Charter School UPE14-0090. November 1st (PM) - Viticulture Sign on County Right-of-Way; PLP15-0058. November 1st (PM) - Building Code Amendments-Chapter 7. November 15th (PM) - Vineyard Erosion and Sediment Control Ordinance (VESCO) Minor Revisions. November 15th (PM) - Appeal of the Planning Commission decision to approve a Minor Subdivision; MNS06-0032. November 15th (PM) - Belden Barns Farmstead and Winery Project; PLP12-0016. December 6th (PM) - Ordinance establishing new zoning regulations to permit cannabis cultivation, storage, distribution, and manufacturing. December 13th (PM) - Ordinance establishing new zoning regulations to permit cannabis cultivation, storage, distribution, and manufacturing.

6 Agenda Item Number: 1 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Directors, Sonoma County Agricultural Preservation and Open Space District Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Agricultural Preservation and Open Space District Staff Name and Phone Number: Supervisorial District(s): Sheri Emerson, Stewardship Program Manager, Fifth 565-7358 Title: Estero Ranch Mitigation Proposal Recommended Actions: Make certain findings in order for a Caltrans-funded habitat mitigation project on the Estero Ranch Property to be consistent with the District’s Estero Ranch Conservation Easement.

Executive Summary: In December of 2015, the District acquired a conservation easement (Easement) over the 547-acre Estero Ranch Property (Property), located near Bodega Bay at the mouth of the Estero de Americano (Attachment 1), for a $2,000,000 contribution towards the property purchase. The Wildlands Conservancy received ownership of the property through the assignment of a purchase contract secured by the Sonoma Land Trust.

Caltrans is completing a bridge replacement project at the Highway One crossing of the Estero Americano. The bridge replacement is necessary to ensure the public’s safety at this location. The Wildlands Conservancy is proposing to accept mitigation funds resulting from this Caltrans project in order to enhance approximately 3.5 acres of coastal prairie, riparian, and wetland habitat on the Estero Ranch Property that has been impaired over time (Attachment 2). If the proposed project at Estero Ranch does not move forward, Caltrans will apply these funds towards an alternative enhancement project located outside of the Estero Americano watershed. The Caltrans bridge replacement project will go forward regardless of whether the mitigation occurs at Estero Ranch.

The District’s Easement identifies the following conservation values: Natural resources, habitat connectivity, open space and scenic, agricultural resources, and recreation and educational. In part 2, section 5.3.1.1 Mitigation, the Easement states that: “Mitigation projects and mitigation funding may be used to restore and enhance Conservation Values as follows: a) to mitigate for impacts due to on-site permitted uses; b) within the Southern Building Envelope to mitigate for environmental impacts of

Revision No. 20151201-1 projects located off site; and c) as otherwise permitted by administrative policies adopted by the District.”

The proposed habitat enhancement work is located outside of the Southern Building Envelope, and would mitigate for impacts of an off-site project. However, the proposed enhancements would benefit the identified conservation values of the Easement, specifically the natural resources. District staff participated in a site visit to view the areas of the property proposed for enhancement, and are in agreement that such work is necessary to improve habitat for fish and wildlife, and to reduce sediment contributions to the Estero Americano. The Wildlands Conservancy would retain the responsibility for monitoring and management of the habitat enhancements.

The District’s Advisory Committee (Committee) discussed the proposal at its May 26, 2016, meeting. The Committee expressed support for the proposal, and for bringing the issue to your Board for consideration.

Therefore, the District General Manager recommends that the Board make certain findings in order to interpret the project as consistent with the District’s Estero Ranch Conservation Easement:

A. The mitigation is established and maintained in accordance with sound, generally accepted conservation and agricultural principles; B. The mitigation is established and maintained in accordance with all applicable laws, ordinances, and regulations; C. The mitigation is established and maintained in a manner consistent with the conservation purpose of the Estero Ranch Conservation Easement; D. The mitigation does not significantly impair the agricultural, recreation, or educational uses of the Property; E. The mitigation would directly restore and enhance the natural resources of the Property; F. Any restrictive easement or covenant placed on the Property in connection with the mitigation must be approved by the District, and shall be and shall remain subordinate to the Easement; and G. No mitigation credits shall be sold.

District staff will return to the Board at a later date with updated criteria relating to evaluation of mitigation proposals on District-protected properties to ensure that appropriate mitigation proposals can be accepted.

Prior Board Actions: November 17, 2015: Purchase of a Conservation Easement and Recreation Covenant over the Estero Ranch

Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship The recommended action would allow for enhancement of coastal prairie, riparian, and wetland habitat on a District-protected property.

Revision No. 20151201-1 Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $ Narrative Explanation of Fiscal Impacts (If Required): None.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: 1. Location of Estero Ranch Conservation Easement 2. Estero Americano Coastal Preserve: Riparian and Wetland Restoration Enhancement Proposal 3. Resolution Related Items “On File” with the Clerk of the Board:

Revision No. 20151201-1 Rigler Coleman Valley Creek Sonoma County Supervisorial Districts

Finley Creek Fay Fay Creek Colliss Fay Creek

Salmon Creek Carrington 4th

Ranch 5th Tannery Creek 3rd

1st

Detail 2nd Area Y

G E D O Sonoma Coast B Gilardi State Park Ranch

Bodega Bay Fire House W

E S T S Harbor View H O (Wetland) R Quinlan E R Ranch D

HWY 1

Westside Regional Park Ã1

Bodega Bordessa Harbour Ranch Doran Beach Regional Park W E S T S ID Estero Americano E Preserve R

Estero Americano PA RK ING L OT

P A C I F I C O C E A N Estero Ranch MarinMarin CountyCounty

Open Space and Resource Conservation Element Estero Ranch Estero Ranch BIOTIC RESOURCES ! Special Status Species Incorporated City Land * " """ " "" " " "" " "" "" " " " LOCATION / GENERAL PLAN MAP " " " " " District Holding """ " Special Status Species Habitat 0 0.5 1 Public Land Marshes and Wetlands SCENIC RESOURCES ") ") ") ") ´ ") ") ") ") Sensitive Natural Communities Miles Community Separator * Habitat Connectivity Corridor * Scenic Landscape Unit Riparian Corridor Map Date: 9/30/2015 Sources: Sonoma County GIS Group; Scenic Corridor Sonoma County General Plan 2020, Open Space and Resource OUTDOOR RECREATION Conservation Element. This map is for illustrative $ Planned Future Park * purposes only. * Not on this map 5 C.Kendall S:\GISProjects\Estero_Ranch\PDFs\Estero_Ranch_location_general_plan_map_2020.pdf Estero Americano Coastal Preserve: Riparian and Wetland Restoration and Enhancement

Preserve Overview: The Preserve was acquired on December 23rd, 2015 by the Sonoma Land Trust using funds from the Sonoma County Agricultural Preservation and Open Space District (SCAPOSD) and the State Coastal Conservancy. Immediately upon acquisition the property was transferred to The Wildlands Conservancy (TWC), a private non-profit public benefit organization. TWC manages the property to protect the Conservation Values outlined in the Conservation Easement (CE), which is held by SCAPOSD.

The Preserve is located on the Pacific Coast at the mouth of the Estero Americano, a unique, fjord-like coastal estuary that is one of the most biologically important areas on the North Coast with its diverse assemblage of wetland communities and estuarine habitats. The estuary is in the heart of the Pacific Flyway and provides important habitat for migratory waterfowl and shorebirds and resident long-legged wading birds, as well as many special-status species including the Northwestern pond turtle, California red-legged frog, and the tidewater goby. The eelgrass beds at the mouth of the estuary are particularly important habitat for many bird and fish species. Wetland habitats on and adjacent to the Property include freshwater, brackish water and salt marsh wetlands, and intertidal mudflats. Upland habitats include coastal prairie (designated by the California Coastal Commission as an “Environmentally Sensitive Habitat Area”), coastal scrub, annual grasslands, freshwater ponds and seeps, riparian ravines and several groves of planted cypress and Eucalyptus trees for windbreaks. Water from the Property runs into the Pacific Ocean via Shorttail Gulch, and to the Estero Americano via several unnamed drainages. The Property is flanked by one mile of the Estero Americano estuary on the south, and a three quarter mile stretch of the Pacific Coastline on the west. Over 70 species of birds have been observed in the Estero Americano area. Historic fish surveys in the area have identified 31 marine and freshwater species, the greatest species abundance and diversity were located at the mouth of the Estero. Common mammals on the Property include white tail deer, coyote, and otter. American Badger dens have been identified on the Property as well.

Preserve Management: The property will be managed to protect its natural and cultural resources, while also providing opportunities for compatible passive public recreation. The property is comprised primarily of coastal prairie grassland. TWC will use light to moderate grazing as a management tool to maintain and enhance the grasslands, while implementing measures to protect wetland and riparian habitats.

Potential Mitigation Projects: Several riparian and wetland habitats on the Preserve are in a degraded condition and are in need of restoration and enhancement (see attached map). These areas consist of:

Estero Americano Coastal Preserve Page 1 The Wildlands Conservancy

6  Riparian/Erosion Gully: Areas in need of streambank bioengineering (grading to re- establish channel banks and slope, installation of grade control structures, erosion control fabric, wattles, etc.) and re-establishment of riparian willow and associated species.  Freshwater Wetland: Areas in need of re-establishment of freshwater wetland species around the pond.  Coastal Prairie/Erosion Gully: Areas in need of streambank bioengineering and re- establishment of coastal prairie wetland species.  Grade Control Structures: Areas that currently support riparian vegetation but need grade control structures to stabilize the stream channel.  Wetland/Springs: Areas that support wetland vegetation that is in need of restoration. These areas could be restored and protected in tandem with using them as a water source for livestock water troughs. Water troughs would be located away from springs and other sensitive resources.

In addition to these areas, there is a small domestic garbage dump within the southeastern drainage that needs to be removed as part of the restoration efforts.

Process to Approve: SCAPOSD holds a Conservation Easement on the Preserve which limits activities on the Preserve including habitat mitigation. If the Preserve is found to be a suitable candidate as a habitat mitigation site, approval from SCAPOSD would be the first step needed prior to moving forward with development of a habitat mitigation and monitoring plan.

In addition to the CE held by the SCAPOSD, the State Coastal Conservancy holds an Offer To Dedicate with restrictive covenants that expressly forbid use of the property for mitigation without a letter of approval from their Executive Director (ED). However, initial conversations with the EDs of both the Conservancy and SCAPOSD with regard to enhancements, not preservation, indicate that subject to terms and conditions, they would be willing to issue such letters and approvals.

Estero Americano Coastal Preserve Page 2 The Wildlands Conservancy

7 Photos

Coastal Prairie/Erosion Gully

Riparian/Erosion Gully

Estero Americano Coastal Preserve Page 3 The Wildlands Conservancy

Riparian/Erosion Gully

Estero Americano Coastal Preserve Page 4 The Wildlands Conservancy

9 Legend !( Garbage Dump Channel Re-establishement: 290 ft Grade Control Structures: 530 ft Wetland/Spring Coastal Prairie/Erosion Gully:1.25 ac Restoration Riparian/Erosion Gully: 2.2 ac Wetland/Spring Restoration: 0.7 ac Freshwater Pond

Wetland/ Spr ing Preserve Boundary 1:6,500 µ Restoration

0 250 500 1,000 Feet

Garbage Dump Freshwater Pond

Grade Control Structures !(

Stream Channel Re-establishement

icano mer o A er st E Estero Americano Coastal Preserve 10

Item Number: Date: September 27, 2016 Resolution Number:

4/5 Vote Required

Resolution of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District determining that the Estero Ranch Mitigation proposal is found to be consistent with the Estero Ranch Conservation Easement if certain findings are made

Whereas, in December of 2015, the District acquired a conservation easement over the 547-acre Estero Ranch property, located near Bodega Bay at the mouth of the Estero de Americano;

Whereas, the Estero Ranch Conservation Easement identifies the following conservation values: Natural resources, habitat connectivity, open space and scenic views, agricultural resources, and recreation and educational;

Whereas, Caltrans is completing a bridge replacement project at the Highway One crossing of the Estero Americano, necessary to ensure the public’s safety at this location;

Whereas, The Wildlands Conservancy, owner of the Estero Ranch property, is proposing to accept mitigation funds resulting from this Caltrans project in order to enhance approximately 3.5 acres of coastal prairie, riparian, and wetland habitat on the Estero Ranch property;

Whereas, the proposed mitigation would contribute to enhancement of the identified conservation values of the property;

Whereas, the Estero Ranch Conservation Easement states that “mitigation permitted by administrative policies adopted by the District” are a permitted use of the property;

Whereas, District staff are currently developing an administrative policy, in the form of a set of criteria to guide the General Manager’s evaluation of mitigation proposals coming forward on District-protected properties;

Whereas, those criteria are intended to address how mitigation proposals may be considered to be consistent with the District’s mission, values, and goals, if certain findings can be made;

Whereas, those criteria would be approved by the Board and the General Manager would be delegated the authority to evaluate and then approve or reject mitigation Resolution # Date: Page 2

proposals;

Whereas, the Advisory Committee discussed the Estero Ranch Mitigation proposal at their May 26, 2016, meeting and expressed its support for the proposal;

Whereas, the District General Manager recommends that the Board make certain findings in order for the project to be interpreted as consistent with the Estero Ranch Conservation Easement.

Now, Therefore, Be It Resolved that Board of Directors finds that the mitigation proposal is consistent with the District’s mission, values, and goals, and is consistent with the Estero Ranch Conservation Easement for the following reasons:

Supervisors:

Gorin: Rabbitt: Zane: Gore: Carrillo:

Ayes: Noes: Absent: Abstain:

So Ordered.

Agenda Item Number: 2 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Directors, Sonoma County Water Agency Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Sonoma County Water Agency Staff Name and Phone Number: Supervisorial District(s): Kevin Booker, 521-1865 Second Title: Kastania Tie-in Project Recommended Actions: Authorize the Water Agency’s General Manager to execute an agreement with Caltrans for the Water Agency to complete Remediation Work to a Tie-in Project at Kastania Boulevard and receive reimbursement for costs, estimated at $184,711. Executive Summary: The Sonoma County Water Agency (Water Agency) owns and operates the extension pipeline from the Petaluma Aqueduct south of the City of Petaluma to the Kastania pumping station. As a component of the California Department of Transportation (Caltrans) Marin Sonoma Narrows B2 Project (MSN B2), portions of the Petaluma Aqueduct were replaced and relocated. The Water Agency rejected two tie-in sections (sections of the aqueduct that connect the existing pipe to the new pipe) of the MSN B2 project because they did not meet Water Agency standards. Staff is recommending the Board authorize the General Manager to enter into an agreement with Caltrans pursuant to which Water Agency staff would repair the two tie-in sections at the expense of Caltrans.

HISTORY OF ITEM/BACKGROUND The Water Agency owns and operates the extension pipeline from the Petaluma Aqueduct south of Petaluma to the Kastania pumping station (Marin Aqueduct). The Marin Aqueduct is a 30-inch diameter underground aqueduct that delivers water to the City of Petaluma, North Marin Water District and Marin Municipal Water District. The Marin Aqueduct serves approximately 250,000 residents.

As part of Caltrans’ project to widen Highway 101 between Petaluma Boulevard South and Kastania Road (MSN B2 Project), a portion of the Marin Aqueduct and related facilities were relocated pursuant to a Utility Agreement between the Water Agency and Caltrans that was executed in 2012 with Board authorization. Water Agency staff worked closely with Caltrans on the design and construction of the MSN B2 Project, which commenced in April 2012. In November 2015, the two tie-in sections that would have completed the relocation of the Water Agency facilities were rejected by Water Agency staff because

Revision No. 20151201-1 they did not meet Water Agency standards as laid out in the specifications for the project. Though the Water Agency could demand that Caltrans perform the corrective work using its own contractor, staff are recommending that the work be completed by Water Agency crew, who regularly perform similar work on the Water Agency’s distribution system. By completing the project with Water Agency staff, the Water Agency can be assured that the work will be done properly and in a more timely fashion.

The repair work will include staff time and materials for project management, design, drafting, surveying, and inspection, mobilization/demobilization, site preparation, traffic control, construction of two sections of existing pipe connections using flanged coupling adapters, and other minor ancillary work. Caltrans has agreed to pay all of the Water Agency’s costs for replacement of the two tie-in sections. Staff has determined the cost to design and implement the work is approximately $184,711.

Staff recommends the Board authorize the Water Agency’s General Manager to sign the attached Agreement with Caltrans pursuant to which Water Agency staff will complete the described repairs to the Kastania Tie-in Project at the expense of Caltrans. Prior Board Actions: 4/10/2012 Kastania Pipeline Relocation Project Utility Agreement: Approve and authorize the Chair to execute the Kastania Relocation Project Utility Agreement between the Sonoma County Water Agency and the California Department of Transportation; and approve and authorize the Chair to execute the Right of Entry Agreement between the Sonoma County Water Agency and California Department of Transportation. (Second District)

Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship This agreement will help ensure a steady supply of water to Water Agency customers.

Water Agency Water Supply Goals and Strategies, Goal 1: Work with outside agencies to retain and improve the reliability of the water supply production and distribution systems. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ Water Agency Gen Fund $ 0 Add Appropriations Reqd. $ 184,711 State/Federal $ 184,711 $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 184,711 Total Sources $ 184,711

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): Additional appropriation will be requested during the first quarter consolidated budget adjustment. Expenses will be reimbursed by Caltrans for no net cost to the Water Agency.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step) N/A

Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: None Related Items “On File” with the Clerk of the Board: Agreement (1 copy for reference) rw S:\Agenda\misc\09-13-2016 WA Kastania Tie-in Project_summ.docm Proj/60-64-7 #P1 California Department of Transportation (Agree for Kastania Tie-in Project) TW No (ID 5724)

Revision No. 20151201-1 Agenda Item Number: 3 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Directors, Sonoma County Water Agency Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Sonoma County Water Agency Staff Name and Phone Number: Supervisorial District(s): Marcus Trotta / 547-1978 All Title: Hydrologic and Geophysical Model of Wohler Facilities Recommended Actions: a) Authorize Water Agency’s General Manager to execute Amendment No. 3 to an agreement with Regents of University of California, Lawrence Berkeley National Laboratory, for hydrologic and geophysical model of Wohler facilities increasing the amount by $80,000, and extending the agreement term by one year for a new not-to-exceed agreement total of $290,421; and end date of December 31, 2017. b) Authorize Water Agency's General Manager to execute cooperative agreement for Mirabel and Wohler water quality investigation with the United States Department of the Interior, Geological Survey, for the amount of $179,500; agreement terminates on September 30, 2018. c) Consistent with other agreements, authorize the General Manager to amend the agreements in ways that do not increase the amount paid or significantly change the scope of work or length of the agreement, and authorize the General Manager to terminate the agreements.

Executive Summary: The Water Agency operates water diversion facilities at its Wohler and Mirabel properties, located near the community of Forestville on the Lower Russian River. In order to ensure and improve the reliability of the water supply system, ongoing research into the infiltration of surface water into the ground and the natural filtration process is needed.

This item requests authority for the Sonoma County Water Agency’s (Water Agency) General Manager to: 1) Execute Amendment No. 3 to an agreement with Regents of University of California, Lawrence Berkeley National Laboratory (Lawrence Berkeley National Laboratory), for hydrologic and geophysical model of Wohler facilities increasing the amount by $80,000, and extending the agreement term by one year for a new not-to-exceed agreement total of $290,421 and end date of December 31, 2017;

Revision No. 20151201-1 2) Execute an agreement for Mirabel and Wohler water quality investigation with United States Department of the Interior, Geological Survey (U.S. Geological Survey), for the amount of $179,500, agreement terminates on September 30, 2018; and 3) Amend the agreements in ways that do not increase amount paid or significantly change the scope of work or length of the agreement and terminate the agreements, if necessary.

The Water Agency’s diversion facilities divert Russian River underflow through six radial collector wells at the Wohler and Mirabel production facilities. Water pumped by the collector wells is naturally filtered as it travels through the sands and gravels of the aquifer (a process known as riverbank filtration) into the collectors and wells and requires no additional treatment besides disinfection and pH adjustment.

On November 27, 2001, the Water Agency Board of Directors directed staff to: 1) continue studies and research regarding the ability of natural filtration to provide adequate treatment to address emerging water quality issues for potable water supply along the Russian River; and 2) continue to work with federal, state and local agencies on cooperative projects to preserve and protect water quality and environmental resources of the Russian River Basin. Since that time, Water Agency staff have been working with researches from both the Lawrence Berkeley National Laboratory and the U.S. Geological Survey to better understand surface water and groundwater flow mechanics associated with the Water Agency’s diversion facilities as they relate to production and water quality. The work planned under the proposed agreements builds upon and integrates studies and research conducted by both Lawrence Berkeley National Laboratory and the U.S. Geological Survey. The work is being conducted to improve the reliability of the water supply system and is an immediate action described in the Water Agency’s June 2013 Water Supply Strategies Action Plan (Strategy 6, Immediate Action 4).

HYDROLOGIC AND GEOPHYSICAL MODEL OF WOHLER FACILITIES The overall objective of the Lawrence Berkeley National Laboratory effort is to develop both insights and tools that can be used by the Water Agency to optimize monitoring and operations at the Wohler and Mirabel water supply diversion facilities. Previous phases of study by Lawrence Berkeley National Laboratory researchers, conducted between 2005 and 2011, focused on: (1) the collection of geophysical data, (2) the integration of that data with hydrological computer models to simulate surface water infiltration and groundwater flow characteristics, and (3) collection of data to evaluate riverbed clogging processes and characteristics along the Russian River adjacent to the Water Agency’s diversion facilities. The findings of these studies suggest that riverbed permeability is a key control on surface water infiltration characteristics, that permeability is particularly affected by seasonal clogging of the riverbed by fine particles, and that such clogging is caused by both seasonal fine-grained sediment deposition and biomass growth. This information allows the Water Agency to anticipate seasonal changes in riverbed conditions and better manage collector well production capacities and associated groundwater-levels.

On May 6, 2014, the Water Agency and Lawrence Berkeley National Laboratory entered into an agreement for hydrologic and geophysical model of Wohler facilities in the amount of $210,421 with a term end date of December 31, 2015. Work under the agreement included collecting the data needed to complete development of a computer model and monitoring approach for optimizing operations at the Water Agency’s Wohler facilities. Such optimization could include the seasonal adjustment of pumping schedules amongst the Water Agency’s collector wells to minimize localized groundwater-level

Revision No. 20151201-1 drawdowns and/or pumping interferences. The agreement was amended twice, at no additional cost to the Water Agency, to extend the term end date, which is currently December 31, 2016.

The proposed Amendment No. 3 is needed in order to fully achieve the goals of the research by completing an additional phase of work needed to complete development of the model and monitoring approach. The additional work includes: (1) developing a numerical model to simulate biological-clogging processes and geochemical reactions that influence pathogen transport, (2) simulating Wohler site response to dissolved organic carbon amendment, (3) pre-field modeling to align with the U.S. Geological Survey field campaign design, and (4) field data acquisition and numerical exploration of water infiltration and quality under varying environmental conditions.

The additional cost under Amendment No. 3 will not exceed $80,000, for a new not-to-exceed agreement of $290,421. The term end date is extended one year to December 31, 2017.

MIRABEL AND WOHLER WATER QUALITY INVESTIGATION The overall objective of the U.S. Geological Survey effort is to assess the ability of river and basin sediments to efficiently remove microbiological contaminants during river bank filtration, as well as understand and plan for the potential affects from future events. Previous phases of the U.S. Geological Survey studies involved a series of water quality and aquifer sediment analyses. Key findings of the studies to date include a better understanding of the role that sediment grain chemistry, dissolved organic carbon, and grain sorting play in promoting natural filtration of Russian River water. The results from those analyses were evaluated and used to develop the scope of the proposed work. The proposed studies will provide the Water Agency with information on how dissolved organic carbon varies with depth and over time within riverbed sediments and how potential changes within the watershed (such as the potential for future wildfire events) could affect water quality.

Under the proposed agreement, the U. S. Geological Survey will: (1) assess temporal and spatial variability in microbial communities within aquifer sediments and the water column using DNA-based molecular techniques; (2) employ modified seepage meters and drive point samplers within the Russian River and infiltration ponds to compare the removal of bacteria and microspheres under natural and dissolved organic carbon-amended conditions; and (3) conduct detailed laboratory investigations in order to provide comparisons of dissolved organic carbon changes, including those caused by potential wildfire events, seasonal flow changes, and sediment characteristics which may affect removal efficiencies of sediments for pathogens. Information from the study will assist the Water Agency in securing a safe and reliable supply of drinking water for its customers by providing: (1) a scientific basis for demonstrating the seasonal removal efficiency associated with the riverbank filtration system; and (2) data and guidance to assist in preparing for potential future events, including wildfires.

The U.S. Geological survey was selected to perform the work as the proposed study builds upon previous phases of work, which have been designed and conducted by U.S. Geological Survey researchers in collaboration with the Water Agency. Additionally, the lead U.S. Geological Survey researchers for the study, Dr. Ronald Harvey and Dr. David Metge, are considered leading experts in the field of microbial transport in riverbank filtration systems. Due to these unique qualifications, no other firms were contacted to perform the work.

Revision No. 20151201-1 The cost of services will not exceed $179,500; the term end date is September 30, 2018.

REQUEST FOR WATER AGENCY GENERAL MANAGER AMENDMENT AUTHORITY The Water Agency’s standard template used for professional services agreements includes the following language, “Minor changes, which do not increase the amount paid under the Agreement, and which do not significantly change the scope of work or significantly lengthen time schedules may be executed by the Water Agency's General Manager in a form approved by County Counsel.” Since the subject agreements were prepared by the other parties using their forms, this language is not included. Therefore, staff recommends that the Water Agency's General Manager be authorized to amend the agreements, if appropriate, in keeping with standard protocol.

REQUEST FOR WATER AGENCY GENERAL MANAGER TERMINATION AUTHORITY The Water Agency’s standard template used for professional services agreements includes the following language, “Water Agency’s right to terminate may be exercised by Sonoma County Water Agency’s General Manager.” Since the subject agreements were prepared by the other parties using their forms, this language is not included. Therefore, staff requests that the Water Agency's General Manager be authorized to terminate the agreements, if appropriate, in keeping with standard protocol. Prior Board Actions: 05/06/2014: Authorized the General Manager to execute an agreement with the Regents of the University of California (Lawrence Berkeley National Laboratory) to produce hydrologic and geophysical models of the Water Agency’s Wohler diversion facilities ($210,421; term end December 31, 2015) 03/11/2014: Authorized General Manager to execute an agreement with United States Department of the Interior, Geological Survey, for a water resources investigation to evaluate riverbed sediments and water quality in the vicinity of the Wohler and Mirabel water supply facilities ($124,900; term end January 30, 2015). 2004 – 2011: Various Board actions to support the study program. 11/27/2001: Resolution No. 01-1397 authorizing Water Agency to: 1) continue studies and research regarding the ability of natural filtration to address emerging water quality issues for potable water supply; and 2) continue to work with federal, state and local agencies on cooperative projects to preserve and protect water quality. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship The proposed study will provide information to improve the operation and monitoring of the Water Agency’s riverbank filtration facilities, which provide potable drinking water for approximately 600,000 residents in Sonoma and Marin counties.

Water Agency Water Supply Goals and Strategies, Goal 2: Protect the Water Agency's existing water rights and our clean, high-quality water supply, and improve system resiliency by continuing to develop alternative supplies.

Revision No. 20151201-1 Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ 259,500 Water Agency Gen Fund $ 0 Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 259,500 $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 259,500 Total Sources $ 259,500 Narrative Explanation of Fiscal Impacts (If Required): Budgeted amount of $259,500 is available from FY 2016/2017 appropriations for the Water Transmission fund. No additional appropriation is required.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step) N/A

Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: None Related Items “On File” with the Clerk of the Board: Amendment (1 copy for reference) Agreement (1 copy for reference) RW S:\Agenda\agrees\09-27-2016 WA Hydrologic and Geophysical CF/60-60-21 Lawrence Berkeley National Laboratory (Agree for Hydrologic Model_summ.docm and Geophysical Model of Wohler Facilities) TW 13/14-125 (ID 5015) and CF/0-0-21 US Department of the Interior - USGS ((Joint Funding Agree for Spatial and Temporal Removal of Pathogens and Indicator Organisms within the Riverbank Filtration System) 16/17-001 (ID 5746)

Revision No. 20151201-1 Agenda Item Number: 4 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Directors, Sonoma Valley County Sanitation District Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Sonoma Valley County Sanitation District Staff Name and Phone Number: Supervisorial District(s): Douglas Messenger 547-1952 First Title: NBWRP SVCSD Treatment Plant Pumping and Piping Upgrades – Contract Award Recommended Actions: Authorize the Chair to execute the contract with TerraCon Constructors, Inc. for $2,002,515 for construction of the North Bay Water Reuse Program Sonoma Valley County Sanitation District Treatment Plant Pumping and Piping Upgrades, and delegate authority to the General Manager to take certain actions to administer the contract. Executive Summary: This item requests approval of a contract with TerraCon Constructors, Inc. for $2,002,515 for construction of North Bay Water Reuse Program Sonoma Valley County Sanitation District (District) Treatment Plant Pumping and Piping Upgrades (Project). This project will increase the District’s ability to store and distribute recycled water by adding two new pumps and installing additional pipeline and related equipment. Recycled water use benefits the community and the environment in a variety of ways. By increasing the ability to store and distribute recycled water, this project will help offset demand for groundwater by agricultural users and potable Russian River water by urban users, and provide more water for salt marsh restoration.

HISTORY OF ITEM/BACKGROUND: The Sonoma County Water Agency (Water Agency) and the District are committed to providing viable recycled water options to Sonoma County residents that will help reduce the demand on our water system and contribute to ongoing water conservation efforts. The Project will continue Water Agency and District successes in constructing new recycled water infrastructure that includes the award-winning Tertiary Treatment Plant Upgrade, which since 2008 provides high quality effluent complying with California Code of Regulations Title 22 requirements for disinfected tertiary recycled water.

The Project will improve the ability to retain high quality recycled water throughout the winter, significantly increasing the effective use of the District’s recently constructed R5 reservoir. The Project will significantly increase District’s ability to store and distribute recycled water and is critical to serve new

Revision No. 20151201-1 recycled water users which will connect to the 5th Street East Recycled Water Pipeline, a separate project currently under construction, which will provide recycled water to new users, including the Sonoma Valley Unified School District which will use the water to irrigate athletic fields and landscaping.

The Project includes pumping and piping upgrades at the District’s Treatment Plant necessary to increase the effluent pumping capacity at the plant to adequately serve existing and planned recycled water projects (Sonoma Valley Recycled Water Project and Napa-Sonoma Salt Marsh Restoration Project), as well as permitted discharge requirements of the facility.

The Project consists of construction at the District Wastewater Treatment Plant, 22675 8th Street East in an unincorporated area of Sonoma County outside the limits of the City of Sonoma. The work includes, but is not limited to, the construction of approximately 3,000 linear feet of pipeline ranging from 12 inches to 18 inches in diameter, the addition of two 55 HP vertical turbine pumps with variable frequency drives, one 1,980-gallon hydroneumatic bladder tank, and associated sitework, piping, vaults, electrical, and instrumentation.

Under the North Bay Water Reuse Authority, the District has been awarded approximately $720,000 in grant funds from the U.S. Bureau of Reclamation’s WaterSMART Title XVI grant program for the construction of the Project.

COMPETITIVE PROCESS, SELECTION & COST DETAIL: The Project was advertised for bids: June 30, 2016

Bids were opened: August 9, 2016

Bids for construction of said Project were received on Tuesday, August 2, 2016 at 3:00pm, as follows:

Mountain Cascade, Inc., Livermore, CA $2,148,300 Sierra Mountain Construction, Sonora, CA $2,066,500 TerraCon Constructors, Inc., Healdsburg, CA $2,002,515 Western Water Constructors, Inc., Santa Rosa, CA $2,096,000

The Estimated Project Cost Range in the Advertisement for Bids was $1,950,000 to $2,160,000.

The lowest responsive and responsible bid is from TerraCon Constructors, Inc. TerraCon Constructors, Inc. is experienced in this type of construction and met the experience requirements.

Pursuant to Resolution No. 04-0547, the General Manager maintains authority to approve change orders to construction contracts approved by your Board of up to $50,000 each, provided the change order doesn’t affect the material character of the work and the need for the change order results from unforeseen matters which are discovered after the contract was awarded and such modifications are necessary or advisable to complete the project in a timely and efficient manner. In the unlikely event that significant design-related changes are necessary to complete the Project, staff will return to your Board to approve such changes. Staff also request that your Board authorize the General Manager or his

Revision No. 20151201-1 designee to approve the release unless the contractor lists unresolved claims. In that case, County Counsel must review Document 00650 prior to General Manager approval.

Construction on the Project is scheduled to begin approximately October 31, 2016, with an estimated completion date of July 10, 2017.

ACTIONS: 1. Adopt and approve the Project Manual and Drawings (“plans and specifications”) entitled “North Bay Water Reuse Program Sonoma Valley County Sanitation District Treatment Plant Pumping and Piping Upgrades.” 2. Authorize the General Manager of the Water Agency or his designee, acting on behalf of District, to sign Document 00650 (Agreement and Release of Any and All Claims), with County Counsel review, if any unresolved claims are listed by the contractor. 3. Award the contract to TerraCon Constructors, Inc., for the amount of $2,002,515, and authorize the Chair of the Board to execute the contract. 4. Authorize the General Manager of the Water Agency or his designee to approve design changes to the Project as may be necessary or appropriate in connection with change orders within the General Manager’s authority pursuant to Resolution No. 04-0547. Prior Board Actions: 04/19/2016: Authorized Chair to execute the Fourth Amended Agreement for Engineering and Design Services for North San Pablo Bay Restoration and Reuse Project (Effluent Reservoir and Pumping Upgrade) with HDR Engineering, Inc. Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring CommunityGoal 1: Safe, Healthy, and Caring CommunityGoal 1: Safe, Healthy, and Caring Community Community members have access to clean air, water and safe, reliable solid and liquid waste management.

Water Agency Sanitation Goals and Strategies, Goal 1: Meet or exceed environmental regulations and public health standards. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ 2,002,515 Water Agency Gen Fund $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 2,002,515 $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 2,002,515 Total Sources $ 2,002,515

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): Expenditures under this item are accounted for in the current fiscal year budget for Sonoma Valley County Sanitation District - Construction. The project has been awarded approximately $720,000 in grant funds under the North Bay Water Reuse Program from the U.S. Bureau of Reclamation’s WaterSMART Title XVI grant program. Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required):

Attachments:

Related Items “On File” with the Clerk of the Board:

Project Manual and Drawings

pa\\S:\Agenda\projects construction\2016\09-27-2016 WA NBWRP SVCSD Proj/NBWRP SVCSD Treatment Plant Pumping and Piping TP Pumping-Piping_summ.docm Upgrades 71-712-7 #4

Revision No. 20151201-1 Agenda Item Number: 5 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor David Rabbitt 565-2241 Second District Title: Disbursement of FY 16-17 Second District Advertising Funds. Recommended Actions: Approve Advertising Program grant Awards and authorize the County Administrator to execute a contract with the following entity for advertising and promotions activities for FY 16/17: Ag Innovations on the behalf of The Farmers Guild, $500. Executive Summary: Category E – Local Events and Organizations of the Advertising and Promotions Program Policy provides grant allocations to each Supervisor, to be distributed at the Supervisor’s discretion. The Second District has reviewed applications and wishes to recommend a FY 16/17 advertising grant award to the following non-profit:

1.) Ag Innovations on behalf of The Farmers Guild for advertising and promotion of the 3rd Annual Farmer Olympics; grant award of $500.

Funds will be distributed upon approval of these awards by the Board and execution of the Advertising grant agreement contract by the entity. The contracts will be executed by the County Administrator. The contracts will require the County logo on promotional materials produced using the grant award and will require submission to the County Administrator’s Office of advertising and promotional activity receipts up to the total amount of the grant award. Prior Board Actions: None for FY 16/17 Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Grant funds allow non-profit partners to advertise and grow local events and encourage tourism thereby promoting economic development and growth.

Revision No. 20151201-1 Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ 500 $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 500 $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 500 Total Sources $ 500 Narrative Explanation of Fiscal Impacts (If Required): Funds are included in the FY 16/17 budget.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: None. Related Items “On File” with the Clerk of the Board: FY 16/17 Advertising Program Grant Award Agreement

Revision No. 20151201-1 Agenda Item Number: 6 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor James Gore, 565‐2241 Fourth Title: Disbursement of FY 16/17 Fourth District Advertising Funds. Recommended Actions: Approve Advertising Program grant awards and authorize the County Administrator to execute a contract with the following entities for advertising and promotions activities for FY 16/17: Ag Innovations on behalf of the Farmers Guild, $500; Loco Bloco on behalf of the Windsor Bloco Youth Drum & Dance Ensemble, $500; Slow Food Russian River, $500; Courtney’s Pumpkin Patch, $750; Windsor Educational Foundation, $1,200; Friends of Lake Sonoma, $1,500; Rotary Club of Cloverdale, $500; Cloverdale Performing Arts Center, Inc., $5,000; and Geyserville Chamber of Commerce, $1,750. Executive Summary: Category E – Local Events and Organizations of the Advertising and Promotions Program Policy provides grant allocations to each Supervisor, to be distributed at the Supervisor’s discretion. The Fourth District has reviewed applications and wishes to recommend FY 16/17 advertising grant awards to the following non‐profits:

rd 1.) Ag Innovations on behalf of the Farmers Guild for advertising and promotion of the 3P P Annual Farmer Olympics; grant award of $500. 2.) Loco Bloco on behalf of the Windsor Bloco Youth Drum & Dance Ensemble for advertising and promotion of Windsor el Dia de los Muertos Celebration; grant award of $500. 3.) Slow Food Russian River for advertising and promotion of Sonoma County apples; grant award of $500. 4.) Courtney’s Pumpkin Patch for advertising and promotion of Courtney’s Pumpkin Patch; grant award of $750. 5.) Windsor Educational Foundation for the advertising and promotion of Windsor Town Green Scarecrow Days; grant award of $1,200. 6.) Friends of Lake Sonoma for the advertising and promotion of the 2017 Lake Sonoma Steelhead Festival; grant award of $1,500.

Revision No. 20151201‐1 7.) Rotary Club of Cloverdale for advertising and promotion of the 2016 Asti Tour De Vine; grant award of $500. 8.) Cloverdale Performing Arts Center, Inc. for advertising and promotion of the CPAC 2016‐2017 Season; grant award of $5,000. 9.) Geyserville Chamber of Commerce, for advertising and promotion of the 2016 Tree Lighting & Tractor Parade; grant award of $1,000. 10.) Geyserville Chamber of Commerce, for advertising and promotion of the Fall Colors Festival & Vintage Car Show, grand award of $750.

Funds will be distributed upon approval of these awards by the Board and execution of the Advertising grant agreement contract by the entity. The contracts will be executed by the County Administrator. The contracts will require the County logo on promotional materials produced using the grant award and will require submission to the County Administrator’s Office of advertising and promotional activity receipts up to the total amount of the grant award. Prior Board Actions: None for FY 16/17 Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Grant funds allow non‐profit partners to advertise and grow local events and encourage tourism thereby promoting economic development and growth. Fiscal Summary ‐ FY 16‐17 Expenditures Funding Source(s)

Budgeted Amount $ 12,200 39T $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 12,200 $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 12,200 Total Sources $ 12,200 Narrative Explanation of Fiscal Impacts (If Required): Funds are included in the FY 16/17 budget.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Revision No. 20151201‐1 Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: None. Related Items “On File” with the Clerk of the Board: FY 16/17 Advertising Program Grant Award Agreement

Revision No. 20151201‐1 Agenda Item Number: 7 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor Efren Carrillo 565‐2241 Fifth District Title: Disbursement of FY 16‐17 Fifth District Advertising Funds. Recommended Actions: Approve Advertising Program grant Awards and authorize the County Administrator to execute a contract with the following entities for advertising and promotions activities for FY 16/17: Ag Innovations on the behalf of the Farmer’s Guild, $500; Bodega Bay Fisherman’s Festival, $2,500; Bodega Volunteer Fire Department, $1,000; California Parenting Institute, $1,000; Centro Laboral de Graton, $1,500; Children’s Museum of Sonoma County, $10,000; Graton Community Club, $1,000; Lifeschool, $1,000; Los Cien, $3,000; Monte Rio Chamber of Commerce, $1,000; Museums of Sonoma County, $500; Occidental Community Choir, $750; Russian River Alliance, $1,250; Russian River Chamber of Commerce, $3,000; Russian River Rotary Foundation, $5,000; Slow Food Russian River, $1,000; Stewards of the Coast and Redwoods, $5,000; The Regents of the University of California Agriculture and Natural Resources on behalf of UC Master Gardeners of Sonoma County, $1,000; Western Sonoma County Historical Society, $695; and Latino Service Providers, $500.

Executive Summary: Category E – Local Events and Organizations of the Advertising and Promotions Program Policy provides grant allocations to each Supervisor, to be distributed at the Supervisor’s discretion. The Fifth District has reviewed applications and wishes to recommend FY 16/17 advertising grant awards to the following non‐profits:

1.) Ag Innovations on behalf of The Farmers Guild for advertising and promotion of the 3rd Annual Farmer Olympics; grant award of $500. 2.) Bodega Bay Fisherman’s Festival for advertising and promotion 2017 Festival; grant award of $2,500. 3.) Bodega Bay Volunteer Fire Department for advertising and promotion of Bodega Big Event BBQ; grant award of $1,000.

Revision No. 20151201‐1 4.) California Parenting Institute (DBA: Child Parent Institute) for advertising and promotion of 4‐A‐ Child Masquerade Ball; grant award of $1,000. 5.) Centro Laboral de Graton for advertising and promotion of the Spring Annual Fundraiser; grant award of $1,500. 6.) Children’s Museum of Sonoma County for advertising and promotion of events; grant award of $10,000. 7.) Graton Community Club for advertising and promotion of Spring and Fall Flower Shows; grant award of $1,000. 8.) Lifeschool for advertising and promotion of the Annual American Roots Music Festival; grant award of $1,000. 9.) Los Cien for advertising and promotion of the annual State of the Latino Community Forum; grant award of $3,000. 10.) Monte Rio Chamber of Commerce for advertising and promotion of Independence Day Weekend Events; grant award of $1,000. 11.) Museums of Sonoma County for advertising and promotion of 2016 Day of the Dead; grant award of $500. 12.) Occidental Community Choir for advertising and promotion of Concerts; grant award of $750. 13.) Russian River Alliance for advertising and promotion of Russian River Memorial Weekend Festival; grant award of $1,250. 14.) Russian River Chamber of Commerce for advertising and promotion of 4th of July Event; grant award of $3,000. 15.) Russian River Rotary Foundation for advertising and promotion of Rockin’ the River Concert; grant award of $5,000. 16.) Slow Food Russian River for advertising and promotion of Gravenstein apples and distribution at county events; grant award of $1,000. 17.) Stewards of the Coast and Redwoods for advertising and promotion of Park events; grant award of $5,000. 18.) The Regents of the University of California Agriculture and Natural Resources on behalf of UC Master Gardeners of Sonoma County for advertising and promotion of Blooming Back Yards Garden Tour; grant award of $1,000. 19.) Western Sonoma County Historical Society for advertising and promotion of Luther Burbank Experiment Farm and the West County Museum; grant award of $695. 20.) Latino Service Providers for advertising and promotion of First Annual 27th Anniversary Fandango; grant award of $500. Prior Board Actions: None for FY 16/17. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Grant funds allow non‐profit partners to advertise and grow local events and encourage tourism thereby promoting economic development and growth.

Revision No. 20151201‐1 Fiscal Summary ‐ FY 16‐17 Expenditures Funding Source(s) Budgeted Amount $ 41,195 $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 41,195 $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 41,195 Total Sources $ 41,195 Narrative Explanation of Fiscal Impacts (If Required): Funds are included in the FY 16/17 budget.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required): N/A Attachments: None. Related Items “On File” with the Clerk of the Board: FY 16/17 Advertising Program Grant Award Agreement

Revision No. 20151201‐1 Agenda Item Number: 8 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): County Counsel/County Administrator’s Office Staff Name and Phone Number: Supervisorial District(s): Holly Rickett 565-3739 All Rebecca Wachsberg 565-2431 Title: Intergovernmental Mitigation Agreement Regarding the Alexander Valley Campground Between Dry Creek Rancheria Band of Pomo Indians and County of Sonoma Recommended Actions: Adopt a Resolution to authorize the Chair to execute an Intergovernmental Mitigation Agreement with the Dry Creek Rancheria Band of Pomo Indians to address the Tribe’s request to the Secretary of the Interior to accept the 6-acre Alexander Valley RV Park and Campground located at 2411 Alexander Valley Road, Geyserville, into federal trust status for Non-Gaming Purposes. Executive Summary: This item is to enter into an Intergovernmental Mitigation Agreement (“IMA”) pursuant to the County’s March 2008 Memorandum of Agreement (MOA) with the Dry Creek Rancheria Band of Pomo Indians (Tribe). The Tribe currently owns 75 acres of federal trust lands known as the Dry Creek Rancheria (Rancheria), on which the River Rock Casino is located, and the contiguous “Dugan Property.” The Tribe also owns non-trust properties including land in Petaluma and Geyserville, including the Alexander Valley RV Park and Campground (“Campground Property”). The Campground Property has been an established RV park and campground since the late 1960’s. The Campground Property comprises approximately 6 acres, which, while not contiguous to the Rancheria, is located within the Tribe’s aboriginal area approximately four miles southeast of the Rancheria. The Campground Property provides access to the Russian River, contains 60 RV sites, 24 tent sites, a camp store, manager’s residence, restrooms and showers. Electrical services are provided by PG&E and water is provided by an on-site well.

Tribal members have frequently used the Campground since the 1950’s for picnics and family activities, primarily for its access to the Russian River. The Tribe purchased the Property in 2006 for $2 million dollars. In 2013, the Tribe paid the mortgage in full and was granted fee title. Since its purchase, the Tribe has operated the Property as a campground business, open to the public. A large number of tribal members regularly camp at the site, and are also employed as part of the Campground business.

Revision No. 20151201-1 In November 2014, the Tribe submitted a “fee to trust” application to the Secretary of the Interior to accept the Campground Property into federal trust status for non-gaming purposes. An Environmental Overview report was provided as part of the application. The Tribe’s application states that it does not seek to change the land use and therefore there will be no environmental impacts resulting from the approval of their application. The Tribe has made capital improvements on the site and has stated that it will continue to manage and operate the site to protect the Campground uses. The Tribe emphasizes in the application that the Tribe’s existing trust lands are not equivalent in any way to the Campground Property because of the Tribe’s use of this Campground site for Russian River access and camping.

The 2008 MOA includes a provision (14.1) that provides for future trust acquisitions and tribal development, which requires that the Tribe shall consult with the County prior to filing an application to take additional land into trust. It also requires that economic development proposals on future trust lands meet certain criteria for County support, including that the Tribe have significant ties to the land, that the economic proposal is subject to an appropriate environmental review process, and that the Tribe and County have entered into an Intergovernmental Mitigation Agreement to insure mitigation of any adverse environmental impacts of the proposal. Nothing in the 2008 MOA however, binds the Tribe to the General Plan for development on trust lands or requires that the County support any specific trust application or project. The MOA was originally set to expire in 2020, however, in September 2015, the Board adopted an Amendment to the 2008 MOA which extended the expiration term to 2030.

Staff has worked with the Tribe to produce a proposed IMA that is consistent with the MOA, satisfies the Tribe’s obligations under the MOA regarding trust land acquisition, and adequately addresses the County’s development and mitigation concerns.

Proposed Provisions of the IMA: • Expiration: The proposed IMA is essentially part of the 2008 MOA and incorporates all terms of the 2008 MOA, and would expire in 2030, when the 2008 MOA expires, unless a new agreement replaces it. • Satisfaction of the MOA: The parties agree that the Tribe’s obligations under section 14.1 of the MOA are satisfied regarding this specific trust land acquisition, which anticipates no change in land use, and that the Tribe has meaningful considered the County General Plan and zoning Ordinances in the course of its environmental review. • Gaming: The Tribe agrees that for the duration of the IMA (2030) not to apply for gaming or conduct gaming on the subject property. • Russian River Access: The Tribe agrees to confer with the County on any Tribal proposal to restrict existing public access through the Campground Property to the Russian River and/or its beachhead. • In Lieu Property Taxes: The Tribe agrees to continue to pay the current property tax amount as an in lieu payment of approximately $21,527 annually, until 2032, which is two years after the current expiration of the MOA. The extra two years of tax payments (roughly $43,000) are intended to compensate the County for the administrative costs of negotiating and implementing the IMA. The in lieu payments will be adjusted yearly by the Consumer Price Index, not to exceed 2% annually. With these mitigation payments, the County agrees at its discretion to contribute to and support special local projects or programs in the Alexander Valley Region with notification to the Tribe.

Revision No. 20151201-1 • County Easement: The County currently has an access easement to enter the property for the purpose of observing, testing, and monitoring the sewage holding tank for RV use. Since taking ownership of the Property, the Tribe has been responsible for regulating all of those activities and maintains that it has the ability and qualifications to conduct its own inspections and regulate the non-standard sewage disposal system. In 2011, the Tribe was granted “Treatment in the Same Manner as a State” authority by the EPA for purposes to administer their own water quality standards of the surface and groundwater within its Tribal lands. The County access easement would be cancelled as an element of the fee to trust transfer and the Tribe would be responsible for emptying the underground septic tanks and delivering the waste to the Tribe’s wastewater treatment facility on the Rancheria. • New Improvements on Campground Property: The parties agree that in the event the Tribe’s use of the Campground Property entails new construction, improvements or expansion, the MOA provisions already in place to make sure that impacts, including financial impacts, are mitigated, would govern. • MOA Full force and effect: Except as explicitly changed or amended by the IMA, all terms and provisions of the MOA will remain in full force and effect following adoption of the IMA. • County Letter of Support of FTT Application: The Chair of the Board would execute correspondence to the appropriate agencies stating its support for the Tribe’s efforts to take the Campground Property into trust status.

Staff recommends that the Board authorize the Chair to execute this IMA.

Prior Board Actions: September 15, 2015: Board approved an amendment to the 2008 MOA to address loss of mitigation payments due to the County, and to extend the 2008 MOA expiration to December 31, 2030.

March 18, 2008: Board approved the Memorandum of Agreement (MOA) between the Dry Creek Tribe and the County. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship This agreement with the Dry Creek Tribe supports environmental mitigation efforts, infrastructure and sustainable economic development. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): This action will provide that, if and when, the Campground Property is taken into federal trust status, the Tribe must pay in lieu tax payments for the Campground Property, including any adjustments by the Consumer Price Index, through 2032. That payment is estimated to start at $21,527 annually.

Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required):

Attachments: Attachment A. Proposed Resolution Attachment B. Proposed Intergovernmental Mitigation Agreement Regarding the Alexander Valley Campground Between Dry Creek Rancheria Band of Pomo Indians and County of Sonoma Attachment C. Dry Creek Rancheria Fee to Trust Application (Exhibit A to the Intergovernmental Mitigation Agreement) Attachment D. County Assessor’s Parcel Map Attachment E. Photos of the Alexander Valley RV Park and Campground Related Items “On File” with the Clerk of the Board: Exhibits B-D to the Intergovernmental Mitigation Agreement Memorandum of Agreement Between the Dry Creek Rancheria Band of Pomo Indians and County of Sonoma (March 18, 2008)

Revision No. 20151201-1 County of Sonoma State of California

Item Number: Date: September 27, 2016 Resolution Number: 16-

4/5 Vote Required

Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The Intergovernmental Mitigation Agreement Between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians.

Whereas, the County of Sonoma (herein referred to as “County”) has worked on a government to government basis with the Dry Creek Rancheria Band of Pomo Indians (herein referred to as “Tribe”) regarding the Tribe’s November 2014 application to the Secretary of the Interior to have one parcel compromising approximately 6 acres of land located at 2411 Alexander Valley Road, Healdsburg (AP#091-020-016) placed into federal trust status for non-gaming purposes, including camping, recreation, and continued existing use as the public Alexander Valley Campground (herein referred to as the “Trust Land Acquisition”); and

Whereas, the Tribe and the County have participated in a series of meetings, to discuss the process and substance for addressing potential environmental impacts as is required in Section XIV of the 2008 Memorandum of Agreement between the Tribe and the County, and have negotiated a comprehensive Intergovernmental Mitigation Agreement (herein referred to as the “proposed Agreement”) to address the transition of the subject property into Trust Land Acquisition; and

Whereas, the proposed Agreement is entered into pursuant to the Memorandum of Agreement Between the Tribe and the County, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, by the Amendment to Memorandum of Agreement (collectively “2008 MOA”); and

Whereas, it is the express intent of both parties that the proposed Agreement satisfies the requirement of Section XIV-14.1 of the 2008 MOA, and since there is no proposed change in use of the Trust Land Acquisition as a public campground, specific impacts are difficult to measure and that the mitigation measures agreed upon in the proposed Agreement are intended as good faith mitigation of identified impacts as required by Section XIV of the 2008 MOA; and

Resolution # Date: September 27, 2016 Page 2

Whereas, the Parties agree that the proposed Trust Land Acquisition is consistent with the 2008 MOA and is subject to an appropriate environmental review process for an acquisition that will not result in a change in land use, and therefore falls under a Categorical Exclusion from the 1969 National Environmental Policy Act (“NEPA”) and does not trigger the California Environmental Quality Act (“CEQA”); and

Whereas, the proposed Agreement includes the Tribe agreement not to apply for or otherwise seek federal approval for gaming purposes on this Trust Land Acquisition; and

Whereas, the Tribe currently holds a Use Permit which allows the County ingress and egress to the subject Trust Land Acquisition for the purpose of evaluating and monitoring the Tribe’s non-standard individual sewage disposal system for an RV septic tank dump station, but because the Tribe is federally qualified to conduct its own inspections and regulate the non-standard individual sewage disposal system, the proposed Agreement provides that once the Trust Land Acquisition is taken into federal trust, the Use Permit would be cancelled; and

Whereas, the proposed Agreement includes the Tribe’s agreement of payment to the County of in lieu of tax payments to 2032 to off-set impacts on public services; and

Whereas, this Agreement, as specifically required in Section XIV of the 2008 MOA, is an important step in furthering a government-to-government relationship and building trust, mutual respect and cooperation that is intended to benefit both the Tribe and the entire Sonoma County community;

Now, Therefore, Be It Resolved that the Board of Supervisors approves the proposed Intergovernmental Mitigation Agreement between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians and that the Chair of the Board of Supervisors is fully authorized, on behalf of the County, to execute the proposed Agreement, including any minor amendments thereto approved by County Counsel; to issue correspondence to the appropriate state and federal agencies setting forth the County’s support of the Tribe’s application for the Trust Land Acquisition; and to execute any other instruments or writings as may be required to implement the terms of the Agreement.

Supervisors:

Gorin: Rabbitt: Zane: Gore: Carrillo:

Ayes: Noes: Absent: Abstain:

So Ordered.

INTERGOVERNMENTAL MITIGATION AGREEMENT REGARDING THE ALEXANDER VALLEY CAMPGROUND BETWEEN DRY CREEK RANCHERIA BAND OF POMO INDIANS AND COUNTY OF SONOMA, CALIFORNIA

This Intergovernmental Mitigation Agreement (“Agreement”) between the County of Sonoma (the “County”) and the Dry Creek Rancheria Band of Pomo Indians (the “Tribe”) (referred to herein collectively as “the Parties” and as to each as a “Party”) is entered into pursuant to the Memorandum of Agreement Between the Tribe and the County, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, by the Amendment to Memorandum of Agreement (collectively “2008 MOA”). The terms “County” and “Tribe” as used herein shall include the Parties’ governmental entities, departments and officials unless otherwise stated.

RECITALS

A. WHEREAS, the Tribe is a federally-recognized Indian Tribe, located on federal trust lands known as the Dry Creek Rancheria (“Rancheria”), within the geographic boundaries of the County; and

B. WHEREAS, the County is a political subdivision of the State of California; and

C. WHEREAS, the Tribe is currently seeking to have one parcel comprising approximately 6 acres of land located at 2411 Alexander Valley Road, Healdsburg, in the unincorporated part of Sonoma County, California placed into federal trust status (the “Trust Land Acquisition”) to restore former tribal lands and maintain the Tribe’s ancestral connection to the Russian River for camping, recreation and existing use as the public Alexander Valley Campground (the “Campground”); and

D. WHEREAS, the Tribe has significant ties to the land that is subject to the Trust Land Acquisition, including tribal use since before contact with non-Indians that is documented in ethnographic reports, and contemporary use by tribal members, including the elders who have fond memories of holding tribal picnics at the site that is now the Alexander Valley Campground, which is documented in the November 2014 Application of the Dry Creek Rancheria to the Secretary of the Interior to Accept Land into Trust for Non-Gaming Purposes (the “Application”) which is attached as Exhibit A, and the Environmental Overview which is attached as Exhibit B; and

E. WHEREAS, beginning in late 2014 and continuing to the present, the Tribe and the County participated in a series of meetings, to discuss the process and substance for addressing

potential off-Reservation environmental impacts as required in Section XIV of the 2008 MOA, and possible additional mitigation measures that might be taken with respect to the Trust Land Acquisition, consistent with the Tribe's sovereignty and applicable laws; and

F. WHEREAS, the Tribe subsequently prepared and the Bureau of Indian Affairs (“BIA”) circulated an Environmental Overview (“EO”) dated February 2015 for the proposed Trust Land Acquisition, that adequately studied the potential impacts of the proposed trust acquisition, which does not propose any change in land use, and therefore falls under a Categorical Exclusion from the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. § 4347); and

G. WHEREAS, the Tribe consulted with the County on September 19, 2014, November 3, 2014, and January 22, 2015, prior to filing the Application with the BIA and provided the County with an electronic copy of the Application and all Exhibits, including the EO, on September 1, 2015, at the same time that it was provided to the BIA. There have been no changes to the Application or any Exhibits thereto since they were filed with the BIA, and for purposes of this Agreement, the County has relied thereon. The County has had adequate time to review the Trust Land Application; and

H. WHEREAS, the Tribe currently holds a Use Permit #1506 which allows the County’s Permit and Resource Management Department ingress and egress to the Campground for the purpose of observing, testing, sampling, placing and removing of test devices and evaluating and monitoring the Tribe’s non-standard individual sewage disposal system for the RV septic tank dump station, which is attached as Exhibit C; and

I. WHEREAS, on October 17, 2011, the Tribe was granted “Treatment in the Same Manner as a State” (“TAS”) authority under §518(e) of the CWA to administer CWA §303(c) Water Quality Standards (“WQS”) and §401 Certification of the surface and groundwater within its’ Tribal lands (see Federal Register Notice attached as Exhibit D) and is thus qualified to conduct its own inspections and regulate the non-standard individual sewage disposal system pursuant to its TAS status; and

J. WHEREAS, since there is no proposed change in use of the Trust Land Acquisition as a public campground, specific impacts are difficult to measure and that the mitigation measures agreed upon below are intended as good faith mitigation of identified impacts as required by Section XIV of the 2008 MOA; and

K. WHEREAS, this Agreement, as specifically required in Section XIV of the 2008 MOA, is an important step in furthering a government-to-government relationship and building trust, mutual respect and cooperation that is intended to benefit the Tribe, its members and the entire Sonoma County community;

NOW, THEREFORE, pursuant to Section XIV-14.1 of the 2008 MOA, the Parties agree as follows:

1. This Agreement shall become effective immediately upon the date of the last required signature.

2. Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the 2008 MOA.

3. It is the express intent of the parties that this Agreement satisfies the requirement of XIV- 14.1 of the 2008 MOA.

4. The Parties agree that they met and consulted on September 19, 2014, November 3, 2014, and January 22, 2015, prior to the Tribe filing the proposed Application with the United States to take additional land into trust within Sonoma County, and since that time their representatives have had ongoing discussions regarding the Application, this Agreement, and the issues that arise for both parties.

5. The Tribe acknowledges, and the County agrees, that the Tribe has provided in the Application, as well as Exhibit J to the Application and the Environmental Overview, sufficient information to support that it has significant ties to the land that is subject to the Trust Land Acquisition as required by Section XIV-14.1 of the 2008 MOA.

6. The Parties agree that the proposed Trust Land Acquisition is consistent with the 2008 MOA and is subject to an appropriate environmental review process for an acquisition that will not result in a change in land use.

7. The Parties agree that the Tribe’s Trust Land Acquisition does not trigger the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., as set forth in Section XXIV of the MOA; that this Agreement satisfies the Tribe’s obligations under Section XIV-14.1 of the 2008 MOA regarding this specific Trust Land Acquisition, which anticipates no change in land use; and that the Tribe has meaningfully considered the County’s General Plan and Zoning Ordinance in the course of its’ environmental review.

8. The Parties agree that this non-gaming Application conforms to the September 2015 Amendment to the 2008 MOA in that the Tribe agrees not to apply for or otherwise seek federal approval for gaming purposes on this Trust Land Acquisition.

9. The Tribe acknowledges, and the County agrees, that this Agreement insures mitigation of any adverse environmental impacts of the proposal. Nothing in this Agreement, however, shall be construed to subject or otherwise bind the Tribe to the County General Plan for development on the Trust Land Acquisition or require that the County support any specific trust application or Project.

10. The County recognizes that the County General Plan and Zoning Ordinance will not be applicable to the Trust Land Acquisition, unless specifically stated in this Agreement or the 2008 MOA. The Tribe recognizes that the County General Plan is an important and valued exercise of County authority and agrees that if the Tribe proposes a Tribal Commercial Development project other than the Campground on the Trust Land Acquisition, then the Tribe shall engage in meaningful consultation with the County regarding off trust land impact mitigation and mitigation costs, and give meaningful consideration to the County General Plan and Zoning Ordinance.

11. The Parties agree that public access from and through the Trust Land Acquisition to the Russian River is an important issue for both the Tribe and the County, and therefore the Tribe agrees to confer with the County on any Tribal proposal that would restrict existing public access to the Russian River and/or its beachhead.

12. The County acknowledges, and the Tribe agrees that it is in the interest of both parties to cancel the County’s Use Permit #1506 which includes an easement, attached as Exhibit C, and for the Tribe to assume full responsibility for observing, testing, sampling, placing and removing of test devices and evaluating and monitoring the Tribe’s non-standard individual sewage disposal system for the RV septic tank dump station.

13. To ensure that the non-standard individual sewage disposal system is maintained properly, the Tribe will assume jurisdiction and all responsibility over its maintenance and operation under the following Tribal Laws:

Tribal Environmental Codes Adoption Date

Solid Waste Disposal Ordinance July 20, 2002

Water Quality Ordinance July 20, 2002 (updated 4/30/16)

Sewer System Ordinance August 3, 2003

Water Supply System Ordinance August 3, 2003

Water Well Standards Ordinance January 9, 2009

14. The Parties agree that the non-standard individual sewage disposal system will be regulated by the Tribe’s Department of Environmental Protection. The Tribe shall empty the Underground Storage Tank and deliver the waste to the Tribe’s wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its Authorization to Discharge under the National Pollutant Discharge Elimination System (“NPDES Permit”), from the United States Environmental Protection Agency (“USEPA”).

15. The Tribe shall observe, test, sample, place and remove test devices and evaluate and monitor the non-standard individual sewage disposal system consistent with the above referenced Tribal Ordinances and has provided the County with copies of each Ordinance listed above.

16. The County does not generally have permitting authority over development on Trust Lands, except as provided under the 2008 MOA, and state, and federal laws.

17. Payments made under this agreement do not constitute taxes, exactions or fees.

18. Once the Trust Land Acquisition conveyance has been recorded in the County records, the Tribe shall make an annual payment to the County in lieu of property taxes until December 31, 2032 (“the In Lieu Payment”). The In Lieu Payment shall be paid as follows:

a. The Tribe shall pay the current tax amount of $21,527.58, as adjusted by changes in the Consumer Price Index, either in two equal installments on December 15 of that tax year and the following April 15, or in one lump sum on December 15 of each year, at the discretion of the Tribe.

b. The Consumer Price Index (CPI) shall not exceed 2% annually as calculated on January 1.

c. The first In Lieu Payment due from the Tribe after the Trust Land Acquisition conveyance has been recorded in the County records, may be pro-rated by the County, depending on how much property taxes the Tribe paid to the County in that same year. Notice of the pro-rated amount will be sent in writing to the Tribe.

19. Use of any In Lieu Payment received by the County from the Tribe pursuant to this Agreement is subject to the sole discretion of the County Board of Supervisors. However, the County recognizes the importance of supporting the Alexander Valley region and of directing funds and financing to benefit projects and programs in the Alexander Valley region. In recognition of the importance of the Alexander Valley Region, the County may direct any portion of the In Lieu Payment received pursuant to this Agreement, to projects and programs in the Alexander Valley Region. The Tribe will be notified of any such action.

20. In consideration for the commitments made by the Tribe in this Agreement, the County agrees to support the Tribe’s efforts to take the Trust Land Acquisition parcel into trust. The County agrees to issue correspondence to the appropriate state and federal agencies stating its supporting position to the federal government officials responsible for the Trust Land Acquisition. The County further agrees not to challenge any administrative decision to place the land into federal trust for the benefit of the Tribe. The County reserves the right to submit comments as part of the NEPA process on particular aspects of that Application, which shall be consistent with this Agreement.

21. The Parties agree that the terms and conditions of the 2008 MOA remain in full force and effect, and shall be incorporated by reference herein as a part of this Agreement to the end term of this Agreement. Any dispute by either party to any provision in this Agreement, shall be governed by Section XX-Dispute Resolution in the 2008 MOA.

IN WITNESS WHEREOF, the Parties hereby execute and enter into this Agreement pursuant to the 2008 Memorandum of Agreement Between the Dry Creek Rancheria Band of Pomo Indians and the County of Sonoma, dated March 18, 2008, as interpreted, implemented, and modified under the letters of May 28, 2010, May 23, 2011, and July 12, 2012, and as amended on September 22, 2015, with the intent to be bound thereby through their authorized representatives whose signatures are affixed below.

Dated: ______DRY CREEK RANCHERIA BAND OF POMO INDIANS

By:______Chris Wright, Tribal Chairperson Dry Creek Rancheria Band of Pomo Indians ATTEST:

______Tribal Secretary

Dated: ______COUNTY OF SONOMA

By:______Efren Carrillo, Chairperson Sonoma County Board of Supervisors

ATTEST:

______Clerk of the Board

APPROVED AS TO FORM:

Date:______LAPENA LAW CORPORATION

By:______Michelle LaPena, Counsel for Dry Creek Rancheria Band of Pomo Indians APPROVED AS TO FORM:

Date:______OFFICE OF THE COUNTY COUNSEL BRUCE D. GOLDSTEIN, County Counsel

By:______Holly E. Rickett, Deputy County Counsel

BEFORE THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR

THE DRY CREEK RANCHERIA, ) A Federally Recognized Indian ) Tribe, ) ) Applicant ) )

APPLICATION OF THE DRY CREEK RANCHERIA TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES

Dry Creek Rancheria 1 Fee to Trust Application TABLE OF CONTENTS

A. Request to Take Subject Parcel Into Trust Page 6

B. Explanation of Need for the Acquisition Page 8

C. Proposed Use of the Property Page 15

D. Location of the Property Page 17

E. Description of the effect on the State and its political subdivisions of removing the land from tax rolls Page 18

F. Description of any jurisdictional and land use infrastructure issues that might arise Page 20

G. Title Evidence Page 27

H. Compliance with NEPA Page 27

Dry Creek Rancheria 2 Fee to Trust Application TABS:

1. Application

2. Maps

3. Memorandum of Agreement with Sonoma County

4. Title Documents

5. Land Use Designations

6. Tax Documentation

7. Environmental Overview(submitted under separate cover)

Dry Creek Rancheria 3 Fee to Trust Application APPLICATION OF THE DRY CREEK RANCHERIA TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES

TO: The Honorable Sally Jewell Secretary of the Interior:

Introduction

This is an application to place one parcel comprising approximately 6 acres of land in Sonoma County, California ("Property"), into trust for the Dry Creek Rancheria, a federally recognized Indian Tribe ("Tribe"). The Tribe presently owns the Property in fee. The proposed trust parcel is not contiguous to the existing Dry Creek Rancheria. However, the property is located approximately four miles (driving) southeast of the Dry Creek Rancheria, well within the Tribe's aboriginal area.

The Tribe acquired the Property because of its close proximity to the Tribe's Trust land, historic ties to the Property and its close proximity to the Tribe's other fee lands. The Property was also purchased because it contained a well-established campground, the Alexander Valley RV Park and Campground, which the Tribe felt was a reasonable economic venture that made the best use of the Property and would provide employment for tribal members. The Tribe has a successful casino and related parking and facilities on the Tribe's trust lands, and therefore no gaming is intended for, or anticipated on, the Property.

The Tribe will continue to operate the Alexander Valley RV Park and Campground ("Campground") on the Property as the Tribe has made significant expenditures to improve the Campground and it is now operated by the Tribe's Federally-Chartered Section 17 Corporation, the Dry Creek Business Authority. With increased competition for gaming revenues, the Tribe continues to seek out investment opportunities that are consistent with both the Tribal and local values, which is embodied by the Campground operation.

The Tribe has lived in the vicinity since pre-historic times. The Tribe's aboriginal territory covered approximately 80,000 acres, which included many culturally significant sites and traditional hunting and gathering areas around the Property, along the Russian River. Unfortunately, the Tribe-was moved away from the vital water resources in the Dry Creek and Russian River Valleys to which it so desperately relied upon. Instead, the Dry Creek Pomo, or Mihilikawna, were granted a relatively isolated and hilly 75 acre parcel that did not provide the traditional access to the Dry Creek and Russian River.

Dry Creek Rancheria 4 Fee to Trust Application Despite the fact that the Tribe did not own the riverfront Property, tribal members frequently picnicked and played softball games there in the 1950's because there was public access to the Russian River at that time. Tribal elders recall being able to frequent the land to cool off and rest during harvesting season when they worked in the vicinity.

When the Property became available for sale in 2006, the Tribe understood the opportunity and it purchased the Property under the name of a California Corporation that it owned, Alexander Valley Ventures LLC. In 2013, the Tribe paid the mortgage in full and was granted fee title to the Campground Property. In early 2014, the Tribe determined that it would be in the Tribe's best interest to transfer the operation and management authority of the Campground to the Dry Creek Business Authority, and to take the Property into trust for the benefit of the Tribe to ensure that the land and its important Russian River access is never lost again.

Background and Summary

The Dry Creek Rancheria is a federally-recognized Indian Tribe as indicated by its inclusion in the List of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs. (See Tab l(A)) The Tribe's reservation is known as the Dry Creek Rancheria ("Reservation"). It is located in the north coast of California, in Sonoma County, California, approximately 5 miles from the city of Geyserville and 50 miles from San Francisco. The Reservation was established under the authority of the Act of June 21, 1906, resulting in the Deed of June 1, 1915, which established a tribal trust land base of 75 acres. (See Tab l(B)) This trust land is located approximately 4 driving miles from the proposed trust parcel. (See Map at Tab l(C)) The proposed trust parcel is surrounded by residential and agricultural land uses consistent with the present and planned use of the property.

The Dry Creek Rancheria is governed by Tribe's Articles of Association, amended September 22, 1979, which established a Board of Directors. (See Tab l(D)). On September 20, 2014, the Tribal Council, consisting of all adult voting members of the Tribe, enacted Resolution No. 14-09-20 Fee-to-Trust Campground - 001, approving this Application and authorizing its submission to the Bureau of Indian Affairs consistent with applicable law. (See Tab l(E) and original included under separate cover).

The Tribe's current trust land base, which includes the 75-acre Dry Creek Rancheria and contiguous tribal trust land, is comprised largely of land that is a hillside. (See Map at Tab 2(A)). In 2007, the Bureau of Indian Affairs approved an application to take 18-acres of contiguous lands (the Dugan Parcel") into trust on behalf of the Dry Creek Rancheria. The BIA approval was appealed by the State of California, Sonoma County and the Alexander Valley Association in California Department of Conservation, et al. v. Acting Pacific Regional Director, Bureau of

Dry Creek Rancheria 5 Fee to Trust Application Indian Affairs, however, the appeal was dismissed after the Tribe entered into a Memorandum of Agreement ("MOA'') with Sonoma County. (See MOA at Tab 3) The trust land acquisition became final in 2010, and the Dugan Parcel became tribal trust lands. (See Tab 2(A) and 2(B)).

The Tribe's existing trust lands provide employment for tribal members through its gaming facility, the River Rock Casino ("Casino"). With the addition of the Dugan Parcel, the Tribe was able to construct a secondary emergency access to the Casino and accommodate the development of tribal governmental offices and the Dry Creek Rancheria Fire Station. The tribal governmental offices were located off-reservation in nearby Santa Rosa until the Tribe began to move into remodeled tribal offices on the Rancheria in 2014.

The Campground is located approximately four miles driving distance from the Rancheria (See Tab 2(C)). The Tribe does not seek to change the land use for the Alexander Valley Campground Property and therefore there will be no environmental impacts resulting from the approval of this Application. Consequently, the Tribe respectfully requests that this Application be processed as expeditiously as possible.

A. Request to Take Subject Parcel Into Trust

The Tribe requests that one (1) parcel, comprising a total of approximately six (6) acres, be taken into trust. (See Tab 2(D)). This location corresponds to a portion of the Northwest quarter of Section 2, Township 9 North, Range 9 West and lying in the Rancho Sotoyome, said portion being more particularly described in the Grant Deed at Tab. Its Assessor's Parcel Number (APN) is 091-020-016. The Grant Deed, legal description, parcel map, preliminary title report, and ALTA Title Insurance Policy and are at Tab 4.

1. Tribal Council Resolution

A Tribal Council Resolution duly adopted by the Tribe's official governing body, the Tribal Council (See Resolution dated September 20, 2014, 14-09-20-Fee to-Trust Campground-001 authorizing the submission to the Bureau of Indian Affairs of this fee to trust application,) is submitted herewith at Tab l(E).

2. Statutory Authority: 25 U.S.C Section 465

The Tribe owns the Parcel in fee and seeks to transfer it to the United States of America in trust for the Tribe's benefit pursuant to Section 5 of the Indian Reorganization Act, 48 Stat. 985, Act of June 18, 1934, 25 U.S.C. Sec 465 et seq. (A copy of the applicable statutory authority is attached at Tab l(F)).

3. Consistency with 25 C.F.R. 151.3 Policy

Dry Creek Rancheria 6 Fee to Trust Application The proposed land acquisition is consistent with the federal government's policy on acquiring land in trust on behalf of tribes set forth in 25 C.F.R. 151.3. That section provides for such acquisitions:

(a) When the property is located within the exterior boundaries of the tribe's reservation or adjacent thereto, or within a tribal consolidation area; or

(b) When the tribe already owns an interest in the land; or

(c) When the Secretary determines that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or Indian housing.

The Tribe's request satisfies two of these criteria: 1) the Tribe holds fee title to the Property; and 2) the Tribe seeks the transfer of the Property to facilitate its self-determination and economic development. The Tribe has determined that it is of utmost importance to transfer this tribally-significant ancestral land that provides jobs, recreation and access to the Russian River for tribal members into trust so that it may be protected in-perpetuity for the benefit of the Tribe.

4. Consistency with Carcieri v. Salazar (2009) 555 U.S. 379.

Although there is no requirement in the applicable statutes or regulations to make a showing of prior federal jurisdiction, the United States Supreme Court held in Carcieri v. Salazar, that the Secretary's authority to take land into trust is limited to tribes that were under federal jurisdiction when the Indian Reorganization Act was enacted in 1934. As discussed in Carcieri, the question is not one of the existence of a tribe or of tribal ancestors in 1934, but one of whether or not a specific tribe can show evidence that it was under federal jurisdiction in 1934. (555 U.S. 379 at pp. 382-384, 395). To ensure that there is no question that the Dry Creek Rancheria, Band of Pomo Indians was under federal jurisdiction in 1934, we provide the following information to verify this fact:

(a) The Dry Creek Rancheria was established under the authority of the Act of June 21, 1906, resulting in the Deed of June 1, 1915, which established a tribal trust land base of 75 acres. The United States and its Bureau of Indian affairs maintained jurisdiction over the Rancheria in 1934, when the Indian Reorganization Act was enacted and thus the statues found at 25 U.S.C. 465 and 25 U.S.C. 467 were applicable to the Dry Creek Rancheria. (See Tab l(B))

(b) The Tribe was listed in the exhibits to "Ten Years of Tribal Government under the Indian Reorganization Act" written by Theodore Haas, Chief Counsel to the Bureau of Indian Affairs, (See "Haas Report" at

Dry Creek Rancheria 7 Fee to Trust Application Tab l(G)). The Tribe voted to reject the terms of the Indian Reorganization Act and organize pursuant to a Tribal Constitution, as was allowable under the IRA.

(c) The Tribe was under federal jurisdiction prior to 1934 and continues to be included in the List of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, as published in the Federal Register (See List at Tab l(A)).

(d) The Tribe has established a Tribal corporate entity pursuant to section 17 of the Indian Reorganization Act, 25 U.S.C. S 477, as amended, Pub. L. No. 101-301 S 3, 104 Stat. 206. The Section 17 Charter was originally approved by the Secretary of the Interior on April 16, 2009, and ratified by the Tribe on April 25, 2009. The Charter was subsequently amended by the Tribe pursuant to Article 15 of the Charter, and such amendment was approved by the Secretary of the Interior on September 27, 2012, and ratified by the Tribal Council on September 29, 2012. (See Corporate Charter at Tab l(H)) The Section 17 Charter was approved by the Secretary because of the Tribe's status as a federally-recognized Indian tribe, which falls under the jurisdiction of the Indian Reorganization Act for all intents and purposes.

As the information above clearly shows, the Dry Creek Rancheria was under federal jurisdiction prior to 1934 and such federal jurisdiction was never terminated. Although the applicable statutes and regulations for taking lands into trust do not require that the Tribe provide such evidence, the Tribe seeks to avoid any question or concern with regard to any perceived impact of the Carcieri decision. The holding in Carcieri does not apply to this Application.

B. Explanation of Need for the Acquisition

1. Description of the Property (25 C.F.R. 151.13)

The Tribe requests that one (1) parcel, comprising a total of approximately six (6) acres, be taken into trust. (See Tab 2(D)). This location corresponds to portion of the Northwest quarter of Section 2, Township 9 North, Range 9 West and lying in the Rancho Sotoyome, said portion being more particularly described in the Grant Deed at Tab 4. Its Assessor's Parcel Number (APN) is 091-020-016 and street address is 2411 Alexander Valley Road, Healdsburg, California. The Grant Deed, legal description, preliminary title report, encumbrances and ALTA Policy are attached at Tab 4.

Dry Creek Rancheria 8 Fee to Trust Application are provided by PG&E and there is a propane tank that serves the needs for cooking at the manager's residence and to heat water in the showers.

Water is provided by an on-site well which is clean and sufficient for all campground needs. Water quality testing is conducted by the Tribe's Department of Public Works. The Campground Property contains a septic tank and leach field in addition to an underground storage tank for the RV septic tank dump station. The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit and also its status as Treated as a State for EPA water quality purposes.

The Campground access is provided by a turnout from Healdsburg-Alexander Valley Road, a county road which is also included in the BIA Indian Reservation Road Inventory as providing access to the Tribe's Rancheria. Recently, the County's improvements to a nearby bridge that connects Healdsburg-Alexander Valley Road to State Highway 128 included funding from the Tribe's IRR allocation from the BIA. The Tribe and the County work cooperatively on all roads within the IRR system. (See IRR inventory at Tab l(K)).

2. Need for the Trust Acquisition

The Dry Creek Rancheria Band of Pomo Indians is a growing tribe, with enrollment at over 1400 tribal members, far surpassing anyone's wildest imagination when the Rancheria was first established in 1914. The need for additional tribal trust lands to support the Tribe's employment, recreation and cultural needs is a pressing concern for the tribal membership, which comprise its governing Tribal Council. Of grave concern to the Tribal Council is the fact that so much land was taken from the Tribe by settlers, the State of California, and the federal government. The loss of traditional homelands is a pressing concern to the Tribe, and the loss of land can only be recompensed through the acquisition of additional lands that are held in trust in-perpetuity.

California state laws lack any authority to protect Indian rights, lands or resources. Because tribal governments lack any protection under state laws, including the state's right of taxation and eminent domain, the Tribe's newly acquired lands can only be protected by the United States holding title in for the benefit of the Tribe. Trust status is the only real protection from lands being taken, as they were once before.

The Tribe has been forced to sell certain fee property to the State and CalTrans, a state agency, for purposes of widening Highway 101. While the Tribe was compensated for the taking, the amount did not cover the costs borne by the Tribe to protect its rights and fully compensate the loss to the Tribe as a whole. However, one way to protect this tribal property is to transfer it to the United

Dry Creek Rancheria 9 Fee to Trust Application States to own in trust for the benefit of the Tribe. Just as many families today seek to develop living trusts and living wills that protect familial property and protect a family's assets from undue tax burdens, in addition to streamlining the perpetual control over certain assets, the Tribe seeks to protect all assets of the Tribe that benefit tribal members. The Campground property is exactly the kind of tribal asset that not only deserves protection, but demands it.

In 2006, the Tribe had an opportunity to buy the Campground property for $2,200,000. Purchase prices in the Alexander Valley, adjacent to the Rancheria are extremely high, despite the fact that the Campground property and its' vicinity is zoned for land-intensive agriculture rather than development. The fertile soils of the Alexander Valley are prime for some of the best vineyards in the Country. The six-acre Campground property is too small for a viable vineyard operation but it provides much needed access to the Russian River. The Campground has been in operation since at least 1969 and is recognized in the County for its current use.

When the Tribe purchased the Campground property in 2006, it saw the opportunity to acquire an established business that provided jobs for tribal members and the opportunity to re-connect the Tribe to the Russian River. Since the original acquisition by the Tribe's California Corporation, Alexander Valley Ventures, LLC, the Tribe has made significant investments to the Campground and developed new tribal governmental functions that support the Campground operation:

~ The Tribe paid over $2 million to purchase the Property.

~ The Tribe has since created a Department of Public Works that has hired tribal members that have conducted all of the improvement work on the Campground.

~ The Campground RV parking pads and road were resurfaced.

~ The Campground landscaping was improved with all new sod throughout the site, in addition to native plant and tree planting.

~ The Tribe's Section 17 Corporation, the Dry Creek Business Authority ("DCBA"), was established to take over the Campground operation and the Tribe's Board of Directors transferred management and operation of the Campground to the DCBA in early 2014.

~ The Tribe purchased a truck to pump out the solid waste from the RV dump station and it now trucks the waste to be treated at its wastewater treatment facility on the Rancheria.

~ The Tribe established a Tribal Security Department with authority to patrol tribal lands, including the Campground. Dry Creek Rancheria 10 Fee to Trust Application >- The Tribe established the Dry Creek Rancheria Fire Department and purchased two fire trucks which now serve as fire protection and emergency service provider at the Campground due to the Campground's close proximity to the Rancheria.

>- The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit and also its status as Treated as a State for EPA water quality purposes.

a. The Tribe's present trust land base is not appropriate or adequate for the activity contemplated in the request

The Tribe's existing trust lands include the Rancheria and the contiguous "Dugan Property". The Tribe's existing trust lands provide employment for tribal members through its gaming facility, the River Rock Casino ("Casino"). With the addition of the Dugan Parcel, the Tribe was able to construct a secondary emergency access to the Casino and accommodate the development of tribal governmental offices and the Dry Creek Rancheria Fire Station. The tribal governmental offices were located off-reservation in nearby Santa Rosa until the Tribe began to move into remodeled tribal offices on the Rancheria in 2014.

As stated previously, there is no access to the Russian River from the Tribe's existing trust lands. In the early 1900's the Tribe was driven from the fertile Russian River lands and up onto a steep hilly Rancheria with limited access. The Tribe's culture honors the Russian River, and basket materials and traditional food items are not available on the Tribe's existing trust lands. However, the Campground property provides access to the Russian River, and if the land is taken into trust, the Tribe can continue to develop tribal programs that enhance and protect the vital tribal resources along the River.

The need for Russian River access by tribal members is clearly shown by the large number of tribal members that camp at the Campground. Although the cost of the land was high, the Tribal Membership utilizes the Campground during all open seasons and they are proud of the fact that the Tribe took over ownership and worked to improve the Campground site and facilities to an extent that it is acknowledged by others in the area. The Tribe's existing trust lands are not equivalent in any way to the Campground, and the Tribe's use of the Campground for River access and camping cannot be overemphasized.

b. The Tribal applicant needs the land to be in trust for the proposed use

Dry Creek Rancheria 11 Fee to Trust Application The need for trust land cuts to the heart of tribal sovereignty. As stated previously, the Tribe has expended a large amount of tribal resources into purchasing and improving the Campground. The idea that the tremendous investment made by the Tribe could be lost through eminent domain without the added protection of the United States to ensure that the valuation is property, is of great concern to the Tribal Membership. Last year, the Graton Rancheria opened a massive tribal casino in Rohnert Park, which caused a significant downturn in gaming revenues derived from River Rock Casino. At this point in time, the Tribe has worked to cut costs at every level of its tribal government and economic enterprises to ensure that all tribal assets are well managed and protected into the future. This Fee-to-Trust Application is a significant part of the Tribe's effort to protect the Campground in perpetuity for the Tribe's governmental, employment, recreational and cultural needs.

The Tribe seeks to have its Campground protected for the future so that all Tribal Members may have the benefit of Russian River access in the area of their traditional homelands, on lands governed by their Tribe. There are other places for public access to the Russian River, but none that are tribally-owned and controlled. The Tribe could hold tribal meetings, picnics, and other cultural events at the Campground if it is protected into the future, in a manner that is consistent with true tribally-owned trust lands, under tribal jurisdiction.

While many of the same camping activities can take place without the trust status, the fact that tribal laws cannot be applied in the same manner as on the Rancheria does pose a problem. For example, if the Campground was held in trust, the Tribe would not require a State Seller's Permit for the small number of items sold at the Campground Store. On the tribal level, there would be consistent application of the Tribe's laws including Civil and Criminal Codes, which are presently not applicable, even against tribal members at the campground. And, as will be discussed further below, tribal regulation of the water quality and solid waste management efforts would be strengthened by a uniform application of the Tribe's laws on its lands.

c. Trust status will benefit the applicant's economic and/or social conditions

The Campground presently derives its revenues from campers paying a fee to camp, including fees for dumping RV tanks, as well as to use the showers. The Campground store sells firewood, cooking fuel and utensils, food items, sundries, cigarettes and food items. It is a small store that currently collects sales tax on all items and reports all sales tax information to the California Board of Equalization pursuant to its sellers permit. The Tribe was able to obtain, after some difficulty, a seller's permit in the name of the Dry Creek Business Authority, a federally chartered Section 17 corporation.

Dry Creek Rancheria 12 Fee to Trust Application The State of California, Board of Equalization does not provide an option for a tribal corporation or an Indian tribe to obtain a seller's permit in its required online application process. As such, it took more than two months just to obtain the seller's permit for the off-reservation sales by the Dry Creek Business Authority. It remains to be seen whether there will be additional issues relative to the DCBA's sellers permit, but it is safe to assume that there will be additional problems in the future because the State of California, Board of Equalization still does not recognize Indian tribes and tribal governments as entities that do business outside of Indian Country. This issue creates a fundamental uncertainty in the management and operation of the Campground merely because it is owned and operated by the Tribe and its Section 17 tribal corporation.

While the collection and remittance of sales tax for Campground sales will not result in large amounts paid to the State (the DCBA anticipates less than $1,000 per month in sales), there is an administrative cost associated with tracking and reporting. California is notoriously bureaucratic and its regulatory agencies are difficult to work with for all kinds of businesses. But the lack of understanding and respect given to tribal governments, including the Dry Creek Rancheria, may result in significant cost to the Tribe. In fact, the cost of State regulation may be greater than the income from the sales, except that those sales are important to the campers and their guests, who would otherwise have to travel some distance to purchase the same items that they can purchase right at the Campground.

Trust status will improve the financial condition of the Campground by relieving the Tribe from overregulation by the State Board of Equalization and it will allow the DCBA to focus more on managing the business than in filing reports to the State for a limited amount of sales. Freedom from State regulation will allow the Tribe and the DCBA to maximize profits from the Campground, which can result in hiring additional tribal members to work on the Campground and expand benefits provided to tribal members without fear of losing the business in the future.

In addition to the financial benefit to the Tribe that would come from the trust acquisition, the Tribe would derive tremendous social benefit from the land being taken into trust. As stated previously, the Tribe has significant historical and cultural ties to the Russian River. Access to the Russian River and tribal governance over the land will return a small portion of the Tribe's ancestral homelands that is situated in close proximity to ancestral burial grounds and former village sites. Although there are no known cultural sites on the Campground property, tribal members have camped, cooked meals, played games and rested on the Property for several generations. The social relevance of the Campground is significant and the Tribe is making every effort to ensure that the Property is protected for the Tribe's benefit in-perpetuity.

Dry Creek Rancheria 13 Fee to Trust Application d. Without This Transfer the Tribal Government's Ability to Govern Effectively Will be Unnecessarily Limited

Under the Tribe's Articles of Association, the Tribe's governing body is its Tribal Council, which consists of all enrolled Tribal members eighteen years of age or over. Article IV endows the Tribal Council with all powers and responsibilities, including the authority to delegate its power to an elected Board of Directors who oversees the day to day operations of the Tribe. The Tribe's Articles of Association authorize the Tribal Council to exercise its power to promote the general welfare of the Tribe and to take such actions as are necessary to carry into effect the ordinances, resolutions, or other directions of the Tribal Council.

An overriding tribal governmental concern regarding the Campground is the inconsistent application of the Tribe's laws, including Civil and Criminal Codes at the Campground. Of particular concern is the fact that Tribal Members are regular guests at the campground, but Tribal Security cannot enforce tribal laws on the Campground property to the same extent as on the nearby Rancheria. This jurisdictional gap is an unnecessary restriction on the Tribe's ability to govern itself and its members.

As an exercise of the Tribe's inherent sovereign power, the Tribal Council has enacted various environmental ordinances in the last several years to regulate and manage its water rights and environmental programs. Tribal regulation of the water quality and solid waste management efforts would be strengthened by a uniform application of the Tribe's laws on its lands.

The Tribe has adopted the following ordinances, which would be applied to the Campground property after being taken into trust:

Code Title Adoption Date

Solid Waste Disposal Ordinance July 20, 2002

Water Quality Ordinance July 20, 2002

Sewer System Ordinance August 3, 2003

Water Supply System Ordinance August 3, 2003

Water Well Standards Ordinance January 9, 2009

Collectively, the ordinances create a robust body of law to regulate and protect the Tribe's water resources. A significant amount of time and effort has been invested in developing these vital tribal laws and the governing bodies to

Dry Creek Rancheria 14 Fee to Trust Application implement them. However, because the Campground is not in held in trust, the Tribe lacks the jurisdiction to properly implement and enforce these laws uniformly on the Campground. Without this transfer the Dry Creek Rancheria's ability to govern itself effectively and consistently is unnecessarily limited.

C. Proposed Use of the Property

1. The past uses of the land;

The Tribe has had a longstanding and enduring relationship to the Campground Property. It is situated near a tribal cemetery which is located downstream on the opposite site of Alexander Valley Road from the Campground. Tribal members frequently picnicked and played softball and other games on the Property in the 1950's because there was public access to the Russian River at that time. Tribal elders recall being able to frequent the land to cool off and rest during harvesting season when they worked in the vicinity. (See Cultural Information at Tab l(I))

The Campground is a well-established RV Park and Campground that was established in the late 1960's. A search on the Sonoma County Permit and Resource Management Department database indicates that permits were issued for building on the property in 1969, including construction of a trailer and a new septic system, which was likely the initial construction of the Campground.

2. The present use of the land;

The Campground is a well-established RV Park and Campground that was established in the late 1960's. It contains 60 RV sites, 24 tent sites, a camp store, manager's residence, registration kiosk, restrooms and showers. Electrical services are provided by PG&E and there is a propane tank that serves the needs for cooking at the manager's residence and to heat water in the showers.

3. The anticipated future uses of the land;

The Tribe intends to continue the present use of the land as a Campground. A building permit that was issued by Sonoma County earlier this year to construct

Dry Creek Rancheria 15 Fee to Trust Application a new shower facility and that construction is now underway. The shower tank has been installed and the shower building will be completed while this Application is still being reviewed. The Tribe has made significant capital improvements on the property and therefore it will continue to manage and operate the site to protect the Campground uses.

4. The cultural or historical interest in the land;

The Tribe has a longstanding and enduring relationship to the Campground Property. It is situated near a tribal cemetery which is located downstream on the opposite site of Alexander Valley Road from the Campground. The historic cemetery, called the Soda Rock Cemetery, was located and evaluated decades ago, but it is not within the Campground boundary. A large former village site (CA-SON- 1071) is located closer to the Rancheria, northwest and upstream of the Campground.

According to an ethnographic survey prepared on behalf of the United States Army Corps of Engineers, Dry Creek Indians were subjected to a forced "Death March" to the Noyo and Round Valley Indian Reservations in the late 1850's. Others were believed to have been driven out of the Valley to Lake County. When the survivors of these forced removals tried to return home, they found that they no longer had access to their lands:

"Now there's been a history of Federal Government interference with Pomo culture and destruction of that culture. The Indians were living there peacefully when the Spanish were here. When the Americans moved in, the first response was to negotiate a punitive treaty with the Indians that called for them to move northward to Lake County. They were on a forced, one-hundred mile march that in the end destroyed 80 percent of their population.

That treaty was never ratified in Washington. It was never ratified because the settlers in California decided they wanted the reservation land as well as where the Dry Creek band is located. The Dry Creek Pomo Indians who had been promised land in Lake County no longer had that land. They could only struggle back, the few who left, and a few were able to locate along Dry Creek Valley. They were a soon evicted because that land was now in so-called private hands."

Proceedings held in Board of Supervisors Chambers, Santa Rosa, California, May 20, 197 4:86. (See Tab l(J)).

The Dry Creek/Alexander Valley area was rapidly being settled at this time (1850's and 1860's) and therefore the Dry Creek Pomo did not have full access to many of their former villages. However, ethnographers Bean and Hirtle reported

Dry Creek Rancheria 16 Fee to Trust Application that in the late 1860's "the Indians were keeping a 'low profile' during this period and many may not have returned to their villages for fear of reprisals." It is well documented, however that sometime after the Death March, some of the Dry Creek people returned to the vicinity of their former villages, including the area now surrounding the Rancheria and the Campground Property.

There is no dispute that the Dry Creek Pomo have lived in the vicinity of the Campground before and since the disruptions that took place in the 1850's, as there is vast documentation of the habitation, village sites and burial grounds. Therefore, it is not surprising to hear of tribal use of the Campground Property before it was developed as a campground, and after, as campground guests. Tribal members continue to use the campground for recreation and camping to this day and maintain strong cultural ties to the Property as a Tribe. Preservation of the Campground as tribal trust land will be one step toward returning just one fraction of the Tribe's aboriginal land base and allow the Tribe to protect it for future generations of the Tribe.

5. The objectives that the Tribes hopes to attain

The Tribe seeks to protect the assets of the Tribe for the future use of all tribal members and their heirs. The Tribe presently encounters obstacles in governing the property and regulating the enterprise in a manner that is consistent with the Tribe's existing trust lands. It is hard to calculate the cost of regulating the fee land separately from the trust property, however, administrative costs generally consume all profits from the Campground. Once taken into trust status, the Tribe will be able to manage and operate the Campground effectively and in a manner that is most cost-effective to the tribal government. The Dry Creek Business Authority intends to manage the Campground so that it is profitable as well as beneficial to the Tribe's history and culture.

6. No Tribal Housing is Planned for the Proposed Acquisition

Because the Tribe seeks to continue the present uses for the Property as a Campground, no tribal housing is planned for the Property. The only residence on the Property is a caretaker's residence, where the acting Camp Host will stay during all times that the Campground is open. No additional units are planned and therefore no tribal members will permanently reside on-site

D. Location of the Property

1. The location of the land relative to State boundaries;

The Campground is located in the Alexander Valley in Sonoma County, which is situated in Northern California. It is located around 75 miles north of San

Dry Creek Rancheria 17 Fee to Trust Application Francisco, California and approximately 300 miles south of the Oregon/California border. On the Nevada side, the Campground is located approximately 220 miles from the Nevada/California border. (See Maps at Tab 2)

2. The distance of the land from the boundaries of the tribe's reservation;

As stated previously in this Application, the Campground is located approximately four (4) miles (driving distance) from the Dry Creek Rancheria and its adjacent trust lands. (See Map at Tab 2)

3. The distance of the land from the Bureau's nearest agency or area office;

The Campground is located approximately 120 miles northwest of the Central California Agency office, located in downtown Sacramento.

4. The location of roads and rights-of-way that provide access to the land;

The Campground is accessible primarily by two routes: 1) from State Highway 128 and Highway 101 via Alexander Valley Road. The Property includes a right of way that provides a driveway off of Alexander Valley Road into the Campground. (See Maps at Tab 2 and IRR maps at Tab l(K))

E. A description of the effect on the State and its political subdivisions of removing the land from tax rolls. Describe any measures the applicant will take to reduce these effects.

Every trust acquisition, by the terms of 25 U.S.C. 465, removes the ability of the States and local units of government to tax the land. The unproven fear of the fee-to-trust process is that the loss of tax revenue through property taxes will undermine local government budgets. There is no actual proof that the loss of property tax revenues will cause any affect to state or local government budgets. In fact a number of factors indicate that the trust acquisition will create a net benefit to the local and state budgets:

~ Most land into trust applications are for lands where property tax values are already low. ~ Tribal businesses provide jobs and other sources of tax revenue to the state and local government.

Dry Creek Rancheria 18 Fee to Trust Application >-- Property tax assessments do not account for the bulk of local government budgets. >-- In a situation where a tribe operates a casino, such as the River Rock Casino, the Tribe is likely to be paying for any local services that would be impacted by the casino at a rate that far exceeds the actual costs. >-- Tribes generally provide infrastructure and other governmental services to their tribal members, thus reducing or eliminating any cost of local governments to provide for tribal members. In other words, tribal governments are often paying local governments for services that they do not use.

1. The amount of annual taxes currently assessed by Sonoma County;

The most recent tax bill available presents the total annual tax amount at $18,067.82. The 2013-2014 Tax Statement includes the following (See Tab 5):

Property Tax: $16,184.60

Voter Approved Taxes and Special Assessments: $1883.22 including the following:

Warm Springs Dam-Russian River Project $113.30 Healdsburg Unified Bonds $647.38 HGB School Facility Improvement $550.28 Bonds $97.10 Healdsburg Unified Bond 3 $304.28 Sonoma Junior College Bond $20.88 Mosquito Control $150.00 North Sonoma County Hospital District

2. The amount of annual revenue lost from special assessments to the local government(s), if any;

As stated above, Voter Approved Taxes, Tax Agency Direct Charges and Special Assessments total $1,883.22 per year, and are subject to local elections. (See Tab 5)

3. The amount of annual revenue lost from mineral receipts to the local government(s), if any;

Dry Creek Rancheria 19 Fee to Trust Application There are no mineral receipts to the local government for the Campground, so thus there is no annual revenue loss that would result from approval of this Application.

4. The local government's ability to provide public safety services for the land.

The local governments, including Sonoma County and the City of Healdsburg are generally available to provide public safety services for the Campground Property however Tribal Security and the Dry Creek Rancheria Fire Department are also able to provide fast responses to ordinary public safety calls and fire emergencies. The Sonoma County Sheriffs Department and Geyserville Fire Department are available to provide emergency services through existing agreements with the Tribe.

The MOA between the Tribe and the County established a framework for providing both County and Tribal and law enforcement services. The Tribe and the County have an established process for cost reimbursements and interfacing between the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. The Tribe has initiated consultation with Sonoma County regarding this Application and believes that approval of the Application will not negatively impact the County with regard to the provision of law enforcement services as the Tribe assumes a greater role in governing the Property.

F. Description of any jurisdictional and land use infrastructure issues that might arise

The federal regulations require that each acquisition of land in trust address state and local government of zoning authority. 25 C.F.R. 1.4(a). While zoning authority is a political concern for local and state governments, it is also of great concern to tribal governments. The MOA between Sonoma County and Dry Creek Rancheria contemplates tribal development and provides a mechanism for communication and dispute resolution. The MOA has been negotiated in good faith and provides a framework for resolving true disputes. The MOA requires the Tribe to consult with the County regarding this Application and for the Tribe to maximize consistency with the Sonoma County General Plan and to minimize off-reservation adverse environmental impacts.

The Tribe and the County met several times to discuss this application and identified only one potential jurisdictional issue regarding the regulation of the Dry Creek Rancheria 20 Fee to Trust Application underground solid waste storage tank that is used to hold RV solid waste at the campground. The County presently holds an access easement to inspect the storage tank and the Tribe seeks to expunge the easement prior to the United States taking the land into trust (See Tab 4). The Tribe met with County representatives to discuss the easement and its concerns and they determined that the MOA provides an appropriate mechanism for transferring jurisdiction to the Tribe. Consultations between the Tribe and the County will continue while this application is under review with the goal of removing the encumbrance from the Title prior to final title review by the Bureau of Indian Affairs.

1. Zoning

(i) The current zoning of the land;

The Campground Property is zoned for Land Intensive Agriculture (LIA), which allows for "other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature [of Land Intensive Agriculture]". (See Parcel Report at Tab 6). The Campground has been permitted and developed pursuant to the local planning guidelines with no violations. There is presently an improvement underway under an approved building permit for permanent shower facilities. A history of the permits issued by Sonoma County for the property is attached at Tab 6.

(ii) Any proposed use conflicts with current zoning;

The operation of the Campground is consistent with current zoning of the Property. As stated in this Application, the Tribe intends to continue to manage the property as a Campground, and thus there are no proposed uses that conflict with current zoning of the Property.

(iii) Any tribal zoning ordinances.

The Tribe does not currently have a zoning ordinance or other planning guideline for the Property.

2. Law enforcement Services

(i) Who currently provides law enforcement services;

Dry Creek Rancheria 21 Fee to Trust Application the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. Presently, the County provides law enforcement services as required by Public Law 280, which is supplemented by Tribal Security which patrols the Campground.

(ii) If the applicant is a tribe, whether the tribe already has its own law enforcement;

In 2013, the Tribe established the Dry Creek Rancheria Tribal Security Department. Prior to the establishment of the Tribal Security Department, tribal law enforcement was limited to the River Rock Casino Security. With the creation of a Tribal Security Department under the Tribal government, Tribal Security is now authorized to monitor activities on all of the Tribe's lands, including the Campground. However the fact that the Campground property is not trust land does create a barrier to the Tribe's ability to uniformly implement its Peace and Protection Ordinance on fee lands. The Tribe is in the process of adopting Tribal laws that would enhance existing security services on its trust lands and provide for remedies when Tribal Members are cited for violations on tribal lands. The process for developing new tribal codes does require some time, however, the Tribe anticipates having a Tribal Law and Order Code in place before this Application is approved.

(iii) Who will supply law enforcement if the land is approved for trust status;

If this Application is approved for trust status, law enforcement will be provided by a mixture of Tribal Security and local law enforcement as stipulated in the MOA. The Tribe and the County have an established process for cost reimbursements, interfacing between the Tribe, Sheriff and Sonoma County District Attorney's Office to aid in the provision of law enforcement services. Because California is a Public Law 280 state, the County provides law enforcement services as required by law, however the presence of Tribal Security should alleviate some of the need for calls to the Sheriff, particularly once the Tribe's Law and Order Code is in place, filling any perceived or actual gaps in law enforcement services.

(iv) Any additional resources required to provide adequate law enforcement and how they will be funded.

The Tribe and the DCBA should have reductions in operating costs for the Campground if this Application is approved. The cost savings from state and local taxes will provide adequate funding for the Tribe to enhance its law enforcement Dry Creek Rancheria 22 Fee to Trust Application services and Tribal Court's ability to hear and decide cases involving lower level civil matters and violations involving members of the tribe under its Law and Order Code. Any additional costs to the Sonoma County Sheriff or District Attorney will be reimbursed according to the terms in the MOA.

3. Safety factors

(i) Who supplies fire protection service for the land;

The Tribe and the Sonoma County Department of Emergency Services ("County Fire") "cooperate on a government to government basis to promote public safety and to provide the Tribe with the opportunity to benefit, on a voluntary, non jurisdictional basis, from the constructive suggestions County personnel may have with respect to fire issues, and to share expertise to maximize public and emergency personnel safety." (See MOA at Tab 3) Direct fire services are provided by the Dry Creek Rancheria Fire Department and Geyserville Fire Protection District.

(ii) Who supplies emergency medical service for the land;

The County is responsible for central dispatch services, as well as other command/support and disaster preparedness functions. The Dry Creek Rancheria Fire Department and Geyserville Fire are the usual first responders to the Campground.

(iii) Whether the land is in a flood area or flood control area.

The Campground is located in within the Sonoma County Flood Control District. (See Title Documents at Tab 4)

4. Traffic, roads, and streets

(i) Description of existing access to the land;

Campground access is provided by a turnout from Alexander Valley Road, a county road which is also included in the BIA Indian Reservation Road Inventory as providing access to the Tribe's Rancheria. Alexander Valley Road is paved and in very good condition (See Tab l(K)).

Recently, the County's improvements to a nearby bridge that connects Alexander Valley Road to State Highway 128 included funding from the Tribe's IRR allocation from the BIA. The Tribe and the County work cooperatively on all roads within the IRR system. A copy of a Tribal Resolution that updated the Tribe's

Dry Creek Rancheria 23 Fee to Trust Application Indian Reservation Road Inventory System and a map showing the inclusion of Alexander Valley Road in the Tribe's inventory is attached at Tab l(K).

There is no proposed change in use of the Campground and thus there is no plan for increased traffic or need for additional access. However, the Tribe and Sonoma County continue to work cooperatively to ensure that the road conditions are well maintained and that special events are well-planned and properly noticed prior to them taking place.

(ii) Description and quantification of increased traffic in the area anticipated from the proposed use;

There is no projected increase in traffic from the Tribe's continued use of the Campground property.

(iii) A description of whether existing roads and streets are adequate to handle any anticipated increase in traffic caused by the proposed use.

There is no projected increase in traffic from the Tribe's continued use of the Campground property. The existing roads and streets are adequate to handle existing uses, including a number of special events that take place each year, such as a local kayaking event, which does bring in additional campers to the Campground. The Tribe has re-surfaced all paved areas in the Campground in the past two years and has contributed to the improvements of Alexander Valley Road through its advocacy to increase the Tribe's funding from the Indian Reservation Road program.

5. Sanitation

Water is provided by an on-site well which is clean and sufficient for all campground needs. Water quality testing is conducted by the Tribe's Department of Public Works. The Campground Property contains a septic tank and leach field in addition to an underground storage tank for the RV septic tank dump station. The Tribe recently purchased a truck for clearing the dump tank and it now hauls the waste to the Tribe's wastewater treatment facility on the Rancheria, which is regulated by the Tribe under its NPDES permit. The Tribe currently operates its water quality programs under its status as Treated as a State for EPA water quality purposes.

Dry Creek Rancheria 24 Fee to Trust Application The Tribe proposes to assume regulatory authority over the Campground through its Clean Water Act program, which is partially funded through the EPA.

(i) Whether the land is served by a city sewage system;

The land is not served by a city sewage system. There is a septic tank and leach field, as described above.

(ii) The land is served by some a sewage system that is adequate to meet applicable standards;

The lands existing sewage system is adequate and able to meet applicable standards.

(iii) Trash pickup service or another method of trash disposal is available for the land;

Trash pickup is currently handled by the Tribe through its Solid Waste Program. Solid waste disposal is one of the older programs implemented on the Rancheria, and its management has become more formalized over time. In July 2002, the Tribe adopted a formal Solid Waste Ordinance. In 2009, the Tribe was granted funding from the USEPA to prepare a Solid Waste Management Plan and adopted a Solid Waste Reduction and Recycle Policy. The Solid Waste Management Plan identified aspect of the Tribal programs that could be improved and set out a plan for improving the removal of solid waste nuisance and recycling. Trash from the Campground is currently deposited in the local dump facility and recycling is processed along with other Tribal solid waste.

(iv) Whether a city or another facility supplies services to the land;

The Tribe currently provides all sanitation services to the Campground property.

(v) Whether there is an adequate water supply for the proposed use and any future anticipated uses;

An on-site well provides an adequate water supply for the Campground showers and bathrooms, in addition to the caretaker facility. The well draws from the underflow of the Russian River and there is no present or future concern regarding water supply to the Campground.

Dry Creek Rancheria 25 Fee to Trust Application (vi) Whether the applicant tribe has water rights to the available water supply.

The Tribe does not have riparian rights to the Russian River, but the on-site well provides adequate water supply to the Campground.

6. Utilities,

(i) Whether a city or a rural electric company supplies electricity to the land;

The Campground is served by Pacific Gas & Electric for all electricity needs. Electricity is generated nearby at the Lake Sonoma Project.

(ii) The source of heating for any structures located on or to be located on the land, such as: natural gas, propane, oil, coal, wood, electric, or solar.

The Campground is served by Pacific Gas & Electric for all electricity needs. An above ground propane tank provides adequate fuel for all other heating needs.

8. Whether there are any cooperative agreements or voluntary actions intended to address jurisdictional and land use conflicts.

A Memorandum of Agreement between the County of Sonoma and the Dry Creek Rancheria Band of Pomo Indians provides a strong basis for a cooperative and collaborative relationship between the Tribe and the local government. The MOA provides a framework for communication for this fee-to-trust acquisition and the Tribe has consulted with the County to inform it of the Tribe's intentions and also the Tribe agreed to provide the County with a copy of this Application at the same time as it is being submitted to the BIA so that the County has adequate time to review the application and provide comments and input into the trust acquisition process.

The MOA between Sonoma County and Dry Creek Rancheria contemplates tribal development and provides a mechanism for communication and dispute resolution. The MOA has been negotiated in good faith and provides a framework for resolving true disputes. The MOA requires the Tribe to consult with the County regarding this Application and for the Tribe to maximize consistency with the Sonoma County General Plan and to minimize off-reservation adverse

Dry Creek Rancheria 26 Fee to Trust Application environmental impacts. The Tribe has satisfied these requirements and will continue to consult with the County regarding the NEPA compliance and in the issuance of a Tribal Negative Declaration pursuant to the environmental provisions of the MOA, in addition to the assumption of tribal regulatory jurisdiction as set forth above.

8. Whether the applicant has made any provisions to compensate the State or local governments for revenue lost because of the removal of the land from the tax rolls. (Include any increases in Title IX funding from the Indian Education Act or Impact Aid funding.)

The Tribe has not made any provision to compensate the State or local governments for revenue lost because of the removal of the land from the tax rolls, however, the MOA does provide a mechanism for the Tribe and County to determine costs associated with the provision of any local services and for the Tribe to reimburse such costs. The MOA provides the appropriate mechanism for the this issue to be addressed through a government-to-government process.

G. Whether there is title evidence that meets the Standards for the Preparation of Title Evidence in Land Acquisitions by the United States, issued by the U.S. Department of Justice.

The Tribe has submitted title evidence that meets the above referenced standards at Tab 4. An Alta survey is underway and will be submitted under separate cover.

H. The documentation that we need to comply with 516 DM 6, Appendix 4, National Environmental Policy Act (NEPA) Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations. Include a record of consultation with appropriate authorities regarding environmental, endangered species, water quality, fish and wildlife, wetlands, transportation, air quality, cultural, historical value, hazardous waste, and toxic material issues.

The proposed acquisition does not involve a change in land use and the present use is consistent with local zoning and land use laws. The Tribe's consultant, Environmental Science Associates (ESA) will prepare technical information necessary to support a categorical exclusion under the NEPA per the requirements of 516 DM 10.5 for the Alexander Valley Campground fee-to-trust project. In compiling the necessary Environmental Overview ("EO"), ESA is Dry Creek Rancheria 27 Fee to Trust Application preparing the following technical documents to support a categorical exclusion: a Categorical Exclusion Environmental Review Checklist, Biological Resources Technical Memorandum, an Environmental Site Report and a Cultural Resources Technical Memorandum.

The technical reports shall be submitted under separate cover that provides for the Secretary to comply with 516 DM 6, Appendix 4, National Environmental Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations.

Respectfully submitted,

DRY CREEK RANCHERIA, a Federally Recognized Indian Tribe

By:

Harvey Hopkins, Dry Creek Rancheria Chairperson

NOTICES AND CORRESPONDENCE

Please address all Notices and Correspondence with respect to this application to:

Harvey Hopkins, Tribal Chairperson Dry Creek Rancheria P.O. Box 607 Geyserville, CA 95441

With a Copy to:

Michelle LaPena 836 57th Street Suite 201 Sacramento, CA 95819 Tel: (916) 442-9906 Fax: (916) 442-9907 Email: [email protected]

Dry Creek Rancheria 28 Fee to Trust Application COUNTY ASSESSOR's PARCEL MAP TAX RATE AREA 91-02 97-016 ~ ~

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HYBRID 11/6/12 BJ

Agenda Item Number: 9 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Sonoma County Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): General Services / Fire & Emergency Services Staff Name and Phone Number: Supervisorial District(s): Marc McDonald, General Services: 707-565-3468 Greg Martin, Fire & Emergency Services: 707-565-1144 Title: Lease Renewal for the Fire & Emergency Services Department at 365 Tesconi Circle, Santa Rosa Recommended Actions: Authorize the Clerk to publish a notice, declaring the Board’s intention to execute a lease amendment with Alan Gould (the Landlord), in order to: 1) extend the lease term through February 28, 2018 at a rental rate of $3,250/month, for warehouse storage space at 365 Tesconi Circle, Santa Rosa.

Executive Summary: This item seeks Board approval to authorize the Clerk of the Board to publish a notice, declaring the Board’s intent to execute a lease amendment for 3,250 square feet of warehouse storage space located at 365 Tesconi Circle, Santa Rosa, to extend the lease term through February 28, 2018, at a rental rate of $3,250 per month for the extension period (first reading).

General: The Fire and Emergency Services Department (“FES”) has leased warehouse space at 365 Tesconi Circle, Santa Rosa (“Premises”) from Alan Gould, a sole proprietor (“Landlord”), since March, 2012. The Premises are used to store FES fire equipment and personal protective clothing inventories that are maintained by FES, and which are used in support of the 13 volunteer fire companies under County Fire’s jurisdiction. Additionally, FES logistical staff work out of the Premises.

The Lease expires February 28, 2017. The Landlord is willing to extend the Lease for one year through February 28, 2018. FES anticipates that they will continue to need storage space after February, 2018, and during this one-year extension period (February, 2017 through February, 2018), it is staff’s intention to identify and secure a larger storage facility in Santa Rosa, for a longer term.

Staff is recommending that the Lease be extended, based on the continued need for FES equipment storage space, and to allow time for staff to secure a larger storage facility.

Revision No. 20151201-1 Proposed Amendment: Staff has negotiated an amendment to the Lease as follows:

Lease term: One-year extension through February 28, 2018.

Rent: Effective March 1, 2017, rent would be increased to $3,250 per month ($1.00 per sq. ft.), from $2,762 per month ($0.85 per sq. ft.). The proposed rent approximates fair market value for warehouse space in the Santa Rosa area where the Premises are situated, and lease rates range from $0.75 to $1.20 per sq. ft.

Termination: The Lease may be terminated upon 90 days’ written notice for non- appropriation of funds or discontinuance of the program; and with 30 days’ written notice for disc retionary termination, and payment of a termination penalty of $5,000.

Funding: The FES County Service Area #40 budget is the source of funding for this Lease. No General Fund funds are utilized for this Lease.

Procedural Authority: Government Code Section 25350 requires two (2) Board actions for an agreement where County is tenant, and the lease agreement is valued at more than $50,000 and the term is greater than three (3) years. If your Board takes the requested action, and in line with Government Code, this matter will return to the Board at 8:30 A.M. on or after October 18, 2016, for consideration and consummation of the proposed lease amendment. Prior Board Actions: None Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring Community The Premises are used to store FES fire equipment and personal protective clothing inventories that are used in support of the 13 volunteer fire companies under County Fire’s jurisdiction, for use in emergencies. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ 35,100. $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 35,100. $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 35,100. Total Sources $ 35,100.

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): Lease rents will be paid out of the FES County Service Area #40 budget as follows: $ 22,100 8 months X $2,762.50 (July 2016 through February 2017) 13,000 4 months X $3,250.00 (March 2017 through June 2017) $ 35,100 Total FY16-17 lease rent Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required): None Attachments: Attachment 1: Notice of Intent Attachment 2: Proposed Amendment Related Items “On File” with the Clerk of the Board: None

Revision No. 20151201-1 Attachment 1

PUBLIC NOTICE OF INTENT OF COUNTY TO LEASE REAL PROPERTY

NOTICE IS GIVEN that the Sonoma County Board of Supervisors intends to authorize the General Services Director, to execute a lease amendment for three thousand two hundred fifty (3,250) sq. ft. of warehouse space located at 365 Tesconi Circle, Santa Rosa, California (“Premises”), for use by the County Fire & Emergency Services Department. The Board intends to amend the lease with Alan Gould, a sole proprietor (the “Landlord”), in order to: 1) extend the lease term through February 28, 2018; and 2) revise the monthly rent to Three Thousand Two Hundred Fifty Dollars ($3,250) ($1.00 per sq. ft.). Additional information regarding the proposed lease amendment is available for public review at the Office of the Director of the Sonoma County General Services Department, 2300 County Center Drive, Suite A200, Santa Rosa, California 95403. The Board of Supervisors will meet on or about October 18, 2016, at 8:30 a.m., at the Sonoma County Administration Building, Room 102A, 575 Administration Drive, Santa Rosa, California to consummate the lease amendment.

Clerk of the Board of Supervisors

Public notice of the County's intention to amend the Lease for the Premises shall be published once a week for three successive weeks in accordance with Government Code Section 25350 and 6063.

SECOND AMENDMENT TO LEASE

365 Tesconi Circle, Suite A, Santa Rosa, CA

This Second Amendment (“Second Amendment”), dated as of , 2016 (“Effective Date”) is by and between ALAN GOULD, a sole proprietor (“Landlord") and the COUNTY OF SONOMA, a political subdivision of the State of California ("Tenant"). All capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to those terms in the Lease (as defined below).

R E C I T A L S

WHEREAS, Landlord and Tenant entered into that certain Lease dated March 8, 2012 (“Original Lease”), for certain premises located at 365 Tesconi Circle, Suite A, Santa Rosa, CA (“Premises”); and

WHEREAS, Landlord and Tenant entered into that certain First Amendment to Lease dated March 6, 2015 (“First Amendment”); and

WHEREAS, the Original Lease as modified by the First Amendment is hereafter referred to as the “Lease”; and

WHEREAS, the term of the Lease expires on February 28, 2017, and Landlord and Tenant desire to modify and amend the Lease in order to: (i) extend the term; (ii) specify rental payments; and (iii) provide for certain other terms and conditions as hereinafter set forth.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

A G R E E M E N T

1. The foregoing Recitals are true and correct.

2. Effective as of the Effective Date of this Second Amendment, the Lease is modified as follows:

A. Section 2.1 of the Lease is hereby deleted in its entirety and replaced with the following:

“2.1 Term. The term of this Lease (“Lease Term”) shall commence on February 12, 2012 (“Commencement Date”) and shall expire on February 28, 2018 (“Lease Expiration Date”), subject to any option, renewal, or extension rights of Tenant as provided for in this Lease.”

B. Section 4.1 of the Lease is hereby deleted in its entirety and replaced with the following:

1 FES lease – 365 Tesconi Circle, Suite A (Second Amendment, v1abr)

“4.1 Definition of “Rent”—Limited Setoff. Tenant shall pay to Landlord in lawful money of the United States, equal monthly payments of the following Basic Rental amounts:

(a) From the Commencement Date through February 29, 2016, the sum of Two Thousand Four Hundred Ninety-Nine and 25/100 Dollars ($2,499.25) ($0.769 per sq. ft. of Rentable Area);

(b) For the period of March 1, 2016 through February 28, 2017, the sum of Two Thousand Seven Hundred Sixty-Two and 50/100 Dollars ($2,762.50) ($0.85 per sq. ft. of Rentable Area);

(c) For the period of March 1, 2017 through February 28, 2018, the sum of Three Thousand Two Hundred Fifty and 00/100 Dollars ($3,250.00) ($1.00 per sq. ft. of Rentable Area).”

3. Except to the extent the Lease is specifically amended or supplemented hereby, the Lease, together with exhibits is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall, or shall be constructed to modify, invalidate or otherwise affect any provision of the Lease or any right of Tenant arising thereunder.

4. This Second Amendment shall be governed by and construed under the internal laws of the State of California, and any action to enforce the terms of this Second Amendment or for the breach thereof shall be brought and tried in the County of Sonoma.

LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS SECOND AMENDMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS SECOND AMENDMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO.

2 FES lease – 365 Tesconi Circle, Suite A (Second Amendment, v1abr)

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the Effective Date.

“LANDLORD”: ALAN GOULD, a sole proprietor

“TENANT”: COUNTY OF SONOMA, a political subdivision of the State of California

By: Caroline Judy, Director General Services Department

The General Services Director is authorized to sign this Second Amendment pursuant to Board of Supervisors' Summary action dated , 2016.

APPROVED AS TO FORM FOR TENANT:

Elizabeth Coleman Deputy County Counsel

APPROVED AS TO SUBSTANCE FOR TENANT:

Marc McDonald Real Estate Manager General Services Department

CERTIFICATE OF INSURANCE ON FILE WITH DEPARTMENT:

Reviewed by: Date:

Agenda Item Number: 10 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors, County of Sonoma Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Fire and Emergency Services Staff Name and Phone Number: Supervisorial District(s): Al Terrell / 565-1152 All Districts Title: Volunteer Fire Company Agreement Renewal Third Extension Recommended Actions: Authorize the Chair to sign Third Amended Agreements with Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Valley Ford, and Wilmar Volunteer Fire Companies; and, Third Amended Agreements with Bloomfield and Two Rock Volunteer Fire Companies for a change in deadline for notification of termination extending the automatic renewal date from September 30, 2016, to December 31, 2016.

Executive Summary: This item requests Board approval of a change in deadline for notification of termination of Agreement with each of the 12 Sonoma County Volunteer Fire Companies (VFC): Bloomfield, Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Two Rock, Valley Ford, and Wilmar Volunteer Fire Companies, collectively known as the Sonoma County Volunteer Fire Companies Association (SCVFCA) extending the automatic renewal date from September 30, 2016 to December 31, 2016. This will allow for the VFCs to continue operating under their current agreement while a new agreement is being negotiated, without locking the County and VFCs into a long-term extension of the current agreement. Significant progress has been made on the drafting of a new agreement, however language could not be finalized and approved by all parties prior to the expiration of the second extension.

The County of Sonoma currently has agreements with each of the 12 VFCs that make up the SCVFCA for the provision of primary fire services within set boundaries in County Service Area #40 (CSA#40). Each of these agreements provides for an automatic yearly extension. The automatic extension is subject to cancellation each year if one of the parties notifies the other of intent to cancel on or before March 31st of a given year.

On March 01, 2016, the Board authorized the Chair to sign extension Agreements with the SCVFCA to extend the existing agreement notification of termination March 31, to July 1, 2016. On June 14, 2016,

Revision No. 20151201-1 the Board authorized the Chair to enter into a second extension Agreements to extend the existing agreement notification of termination from July 1, 2016 to September 30, 2016.

The County and the VFCs continue discussions to revise the terms of the Agreement to move toward a more effective, efficient and sustainable fire services system in Sonoma County. While the parties hope to have the new agreements ready by or soon after the September 30, 2016, automatic extension deadline, there will not be time to have agreements executed by the deadline. As a show of good faith and in an effort to facilitate further negotiations, Staff is recommending that the Board approve changing the deadline for notification of termination in 2016 from September 30 to December 31, 2016. If approved, each Agreement will be subject to the same sixty (60) days written notice from either party to the Agreement of its intention not to renew the Agreement before the new extended 2016 deadline. Prior Board Actions: 06/14/2016: Board executed second amended agreements with Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Valley Ford, and Wilmar Volunteer Fire Companies; and third amended agreements with Bloomfield and Two Rock VFCs to reorganize fire services. 03/01/2016: Board executed first amended agreements with Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Valley Ford, and Wilmar Volunteer Fire Companies; and second amended agreements with Bloomfield and Two Rock VFCs to reorganize fire services. 01/05/2016: Board executed first amended agreements with Bloomfield and Two Rock VFCs to reorganize fire services. 04/01/2011: Board executed agreements VFCs for a 24-month term through 03/31/2013, automatically renewed annually thereafter through 03/31/2016. Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring Community Extension of these agreements will allow for the continuation of fire response services within CSA #40 service areas to ensure ongoing safety and fire suppression services to the residents of these areas. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ -0- County General Fund $ -0- Add Appropriations Reqd. $ -0- State/Federal $ -0- $ Fees/Other $ -0- $ Use of Fund Balance $ -0- $ Contingencies $ -0- $ $ Total Expenditure $ -0- Total Sources $ -0- Narrative Explanation of Fiscal Impacts (If Required): None.

Revision No. 20151201-1 Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required): None. Attachments: Sample Amended Agreement (A1) Related Items “On File” with the Clerk of the Board: Second Amended Agreements with Bodega, Camp Meeker, Fort Ross, Knights Valley, Lakeville, Mayacamas, Mountain, San Antonio, Valley Ford, and Wilmar Volunteer Fire Companies; Third Amended Agreements with Bloomfield and Two Rock Volunteer Fire Companies (3 copies of each agreement). VFC Renewal Second Extension_summ.docm

Revision No. 20151201-1 THIRD AMENDMENT TO AGREEMENT FOR FIRE AND EMERGENCY SERVICES

This Third Amendment ("Amendment"), dated as of ______, 2016, is by and between the County of Sonoma, a political subdivision of the State of California ("County"), and [NAME] Volunteer Fire Department, a non-profit public benefit corporation (hereinafter “[NAME] VFC”). All capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to those terms in the existing Agreement.

WHEREAS, County and [NAME] VFC entered into an agreement, dated June 21, 2011 (“Agreement”), for [NAME] VFC to provide primary fire and emergency services within the boundaries of County Fire Services Area No. 40 FSA-[NAME] (“40 FSA-[NAME]”), and [NAME] VFC has been providing such services pursuant to the Agreement; and

WHEREAS, the original Agreement provides for a term of April 1, 2011, and expiring on March 31, 2013, with an automatic renewal from year to year thereafter unless a party to the Agreement gives sixty (60) days written notice of the intent not to renew;

WHEREAS, in order to facilitate negotiations between the parties and as a show of good faith, County extended the [NAME] VFC’s time period to notify the County of its intent to non- renew from March 31, 2016 to July 1, 2016, then from July 1, 2016 to September 30, 2016, so that the parties could continue to negotiate without [NAME] VFC losing the ability to non-renew this year;

WHEREAS, in order to continue the facilitation of negotiations between the parties, County wishes to further extend the [NAME] VFC’s time period to notify the County of its intent to non-renew from September 30, 2016 to December 31, 2016;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. The second sentence of Paragraph 4., “TERM,” of the existing Agreement, as amended, is hereby deleted and replaced with the following:

“For the year 2016 only, the automatic renewal date shall be extended from March 31, 2016 to December 31, 2016, making the Agreement subject to the same sixty (60) days written notice from either party to the Agreement of its intention not to renew the Agreement before the new extended 2016 deadline.”

2. Except to the extent the Agreement is specifically amended or supplemented hereby, the Agreement, together with exhibits is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall be construed to modify, invalidate or otherwise affect any provision of the Agreement or any right of County arising there under.

COUNTY AND [NAME] VFC HAVE CAREFULLY READ AND REVIEWED THIS AMENDMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS AMENDMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written.

[NAME] VOLUNTEER FIRE DEPARTMENT:

By ______Date: ______

Name______

Title ______

COUNTY: COUNTY OF SONOMA

By:______Date: ______Chair, Board of Supervisors

ATTEST:

______Date: ______Clerk of the Board of Supervisors

______Date: ______County Fire Chief

______Date: ______County Counsel

Agenda Item Number: 11 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Permit and Resource Management Staff Name and Phone Number: Supervisorial District(s): Traci Tesconi 565-1903 Fourth Title: Land Conservation Act Contract Compliance Determination; Charles and Jennifer Silver, AGP15- 0023 Recommended Actions: Adopt a Resolution finding the parcel in compliance with an existing Land Conservation Contract and Rule 4.0 of the Sonoma County Uniform Rules for Agricultural Preserves; AGP15-0023; located at 5857 Dry Creek Road, Healdsburg, Assessor Parcel Numbers 090-230-022 and -015. Executive Summary: Staff recommends that the Board find the parcel under the existing Prime contract to be consistent with the intent of the Land Conservation Act because the 5 acre vineyard is commercial agriculture and based on specific site constraints consisting of steep slopes, oak woodlands, and a blue-line creek setback for cultivation, the existing vineyard area on the project site cannot be expanded. Overall, the project site has natural esthetic and scenic value as open space, which is beneficial to the community, and consistent with the surrounding agricultural and open space uses of adjacent properties.

Project Description, Location, and Zoning: The parcel is comprised of two Assessor Parcel Numbers ( APN 090-230-022 and -015), approximately 25 acres with 5 acres planted in vineyard in 1979, located at 5857 Dry Creek Road, Healdsburg. The parcel is under a prime, Type I Land Conservation Act contract recorded in 1972 (1-295-72; 2607/939); a Notice of Non-renewal began phase out of the contract for an approximately 4.3 acre portion of the parcel in 2014. The parcel is zoned Land Intensive Agriculture with a density of 20 acres per dwelling unit, and combining districts of SR (Scenic Resource), Z (Second Unit Exclusion), and RC 50/50, a riparian corridor setback of 50-feet for structures and agricultural cultivation. The Riparian Corridor (RC) setback is due to a blue-line creek, a tributary of Wood Creek that bisects the property (Attachment C). The project site contains only an existing storage shed.

The property owners have requested a Land Conservation Contract consistency determination by the Board because they want to build a single family residence on the project site. Permits cannot be issued

Revision No. 20151201-1 by PRMD until the project site has demonstrated compliance with its Land Conservation Contract which is explained in the County’s Uniform Rules, under Rule 11.1:

Land Conservation Act Compliance Determination Required Before Permit Issuance.

A. Compliance Determination by Permit and Resource Management Department. “ Prior to issuance of any permit for development or use of contracted land, other than qualifying agricultural or open space uses, the landowner shall obtain clearance from the Permit and Resource Management Department that the contracted land is in compliance with the land conservation contract, and that the proposed development or use will comply with the contract and these uniform rules. The Permit and Resource Management Department shall not issue any permit for development or use of contracted land if the contracted land is not in compliance with the contract, or the proposed development or use will not comply with the contract and these uniform rules. The Director may authorize an exception to this requirement for health or safety reasons…”

When a parcel is not in compliance with its Land Conservation Act contract, options are to bring the parcel into compliance or initiate phase out (non-renewal) of the contract. In this case, to bring the parcel into compliance with its Prime contract would require planting more vineyard or orchard, which is not possible due to existing site constraints. The second option of initiating phase out of a contract is not preferred by the property owners because they would have to wait nine years for the phase out to be completed prior to being issued permits by PRMD to build a single family residence on their property.

Land must comply with the contract at all times, even during phase out, and especially if the property owner is seeking approval from PRMD for permits on the land. To be in compliance, the land must be at least 10 acres, located in an agricultural preserve, meet the minimum income requirement, not have any incompatible uses, and be “devoted to agriculture,” as that term is defined in the Williamson Act and County’s Uniform Rules for Agricultural Preserves. (Rule 4.2) The subject parcel is too small to qualify for an open space contract or a contract based on a combination of open space and agricultural use because such contracts require a 40 acre minimum. The parcel only contains 5 acres of vines, which is insufficient without special Board findings to satisfy the “devoted to agriculture” requirement. The owners request the Board make these special findings, as detailed below. If the Board makes the special findings, then the land will be found in compliance with the contract and the owner would be permitted to obtain building permits for a single-family-dwelling or other development. Currently, the property owner is only seeking permission to construct a single family dwelling and related accessory structure(s). If the Board does not make the requested findings, the land will not be in compliance with the contract, and the owner will not be permitted to obtain building permits for a single family residence or another type of structure while the contract is in place.

Land restricted by a Land Conservation Act contract must be devoted to an agricultural or open space use (Rule 4.2 B). “Devoted to Agricultural or Open Space Use” means agricultural or open space land is used or maintained in compliance with the requirements of Section 4.2.B of the Uniform Rules. Under that rule, land shall be deemed devoted when a minimum of 50 percent of the land is used for agricultural or open space uses, unless the Board of Supervisors finds that: a) more than 50 percent of the land is not suitable for agricultural or open space uses due to soil, slope, geologic, or other

Revision No. 20151201-1 significant constraints; b) the remainder of the land is continuously used or maintained for agricultural uses, open space uses, or a combination of agricultural and open space uses; and c) placing the land under contract is consistent with the purpose and intent of the Land Conservation Act and these Uniform rules. In this case the parcel is under an existing contract, and so the applicable finding for subsection c) would be that continuation of the contract is consistent with the purpose and intent of the Act and Uniform Rules.

The requested findings are that : 1) A majority of the parcel is not suitable for prime agriculture use (vines) due to significant site constraints comprised of steep slopes, creek setback restrictions, and woodlands (Uniform Rule 4.2.B.1.a.); and 2) The remaining unconstrained portion of the land is continuously used or maintained for prime agricultural use (5 acres of vines) (Uniform Rule 4.2.B.1.b.); and Continuation of the land under the existing contract is consistent with the purpose and intent of the Land Conservation Act and the Uniform Rules (Uniform Rule 4.2.B.1.c.)

Background: The property is located under a prime (Type I) Land Conservation Act contract (1-295-72; 2607-939) recorded in 1972. In 1979, the five acres of vineyard was planted on the larger portion of the property. In 1991, the property was approved for two Administrative Certificates of Compliance (ACC) under ACC91-302 which recognized APN 090-230-022 and -015 as two legally separate parcels. Prior to the ACC’s being recorded, the parcel was part of a larger agricultural operation. The ACC’s created smaller parcels making one of the parcels (APN 090-230-022) undersized for the prime, Type I contract which requires at least 10 acres. According to the Agricultural Preserve Questionnaire (Form PJR-099) completed by the property owners, the parcel has been an active agricultural operation for 70 years. The Silvers purchased the property in 2011.

On January 1, 2014, the County initiated nonrenewal of the Land Conservation Act contract on the smaller ACC parcel of 4.39 acres (APN 090-230-022) because it was undersized for its contract. A few months later, the property owners recorded a Voluntary Merger (VM 14-0006) combining APN 090-230- 022 and -015. This created one legal parcel of record totaling 25 acres in size with five acres planted in existing vineyard.

Property’s Compliance with Contract and Uniform Rules: Property restricted by a Land Conservation Contract must remain in compliance with the contract and the Uniform Rules and the Land Conservation Act for the duration of the contract’s term, even when all or part of the contract is in phase out status.

When the Land Conservation Act contract was issued, it was required that the land be used primarily for commercial agricultural purposes. In 2011, the Rules were specified to require 50% of the acreage be used for commercial agriculture. At that same time, the exception was added. This action would be the first time the Board has applied the exception to find a property to be compliant with a Land Conservation Act contract. Generally, a property owner is able to plant additional crops in order to come into compliance. However, that is not the case here.

Devoted to Agriculture – Site Constraints Preventing Planting 50% of Property. The areas of the 25-

Revision No. 20151201-1 acre parcel that have not been planted in vineyard consist of a barn with approximately 17-acres of heavily wooded areas, with slopes outside of the riparian corridor setback ranging from 30 % to 114.5% grade, and a 50-foot riparian corridor setback restriction for cultivation under the RC (Riparian Corridor) zoning overlay district. Due to these site constraints, approximately 20% of the parcel is planted in a permanent crop such as vineyard or orchard. Applicants have provided a site plan which depicts the slope percentages. Approximately 80% of the property is characterized by site constraints that preclude that portion of the property being used for agriculture.

Also a letter from the Agricultural Commissioner which explains that due to existing site constraints and required setback requirements for cultivation from a blue line creek, the property cannot increase the existing vineyard acreage beyond that which now exists on the property (refer to Attachment D).

The property meets all other prime agricultural contract requirements: it is over 10 acres, it is comprised of a single legal parcel, it is in an agricultural preserve, there are no incompatible uses, and the five acre vineyard generates enough income to meet the contract’s income requirement (≥$1000/planted acre) and considered a commercial vineyard. (See Attachment E.)

Finding the property consistent with the existing contract allows the existing vineyard area and the existing woodland area to continue to co-exist providing a natural esthetic and scenic value to Dry Creek Valley.

Purpose & Intent of the Land Conservation Act. The Legislature has found that preserving the maximum amount of a limited supply of agricultural and open space lands is of public benefit to assure adequate food supply, and to preserve the physical, social, esthetic and economic benefits of such lands to existing or pending urban development. (Gov. Code Section 51220.) The legislature has also declared:

“ … that it is in the public interest for local officials and landowners to retain agricultural lands which are subject to contracts entered into pursuant to this act in parcels large enough to sustain agricultural uses permitted under the contracts...” (Gov. Code Section 51222.) To the extent the 25 acre property maintains a commercial vineyard of 5 acres and meets all other contract requirements, including income requirements, it has a viable commercial vineyard. The property has been used for vineyard for over 20 years which demonstrates that the prime agricultural use is and will continue to be sustainable over the long term. The property is surrounded by properties that may be characterized as both open space woodland areas and prime agriculture land with large commercial vineyards. To the extent the constrained portion of the parcel is comprised of natural areas or open space, such areas have value to the community, even though the parcel is less than 40 acres, which is the minimum necessary to qualify for an open space contract or contract based on a combination of agriculture and open space uses.

Future Development: The property owners have requested the Board make findings under Rule 4.2 B, to allow the property to remain in the Land Conservation program with less than 50% of the property (here 20%) in agricultural use, and to allow PRMD to issue permits for residential development.

Revision No. 20151201-1 Under Rule 11.1. A of the Uniform Rules, PRMD shall not issue any permit for development or use of the contracted land…” if the contract is out of compliance, unless there is an applicable health or safety exception as determined by the Director of PRMD. (Rule 11.1.A.) Under PRMD’s 2007 policy, “only agricultural permit exemptions (B-AEX), and minor repairs or remodels (A-BLD or B-BLD) permits involving no changes in use, no new structures or expansion of building footprint can be permitted on contracted lands that are in breach during the phase out period.” There is an appeal process under Rule 11. The Director has not found a health or safety basis to issue permits while the contract is in breach for this property.

Under the Uniform Rules any future development of the site is limited to 15% of the total parcel size or 3.8 acres, however, the applicant engineer determined that with setback requirements from the blue- line creek and property lines, only one-half of an acre (1/2) can be development with structures. This assumes no vines would be removed to accommodate any future development.

If the Board makes the special findings under Uniform Rule 4.2, then the contract will not be in breach due to insufficient agricultural use, and PRMD may issue permits for residential development if all other requirements for such permits are met. If the Board does not make the special findings necessary to find the parcel in compliance with the contract, such permits could not issue until the contract is terminated.

Staff Analysis: Staff is satisfied that the letter from the Agriculture Commissioner sufficiently demonstrates that the five acres of vineyard cannot be expanded any further on the site due to existing site constraints. Staff considers the five acres of vineyard on the property to be viable commercial agriculture with long-term sustainability because it consists of a permanent crop (vineyard) in one of the best grape-growing regions in the County, Dry Creek Valley. The parcel meets the minimum parcel size (≥ 10 acres) and minimum gross income ($1000 per planted acre) requirements for the existing prime, Type I contract. If the parcel were 40 acres or larger, it would likely qualify for an open space contract if the site constraint areas are qualifying open space. While a biologic study has not been conducted, the existing blue line creek and oak forest areas have esthetic and scenic benefit to the community and would likely meet the definition of open space under the Land Conservation Act. Any residence constructed on the property would likely be limited to a home-site of a half-acre or less and would not impair the on-site agricultural use or require the removal of any existing vines. Staff from PRMD and the Department of Agriculture also find that this exception creates a high standard that can only be narrowly applied. Additionally, not recognizing this exception could create an unfortunate incentive to plant crops in areas that could cause environmental damage.

Staff Recommendation: Staff recommends the Board make findings under Rule 4.2 B.1 (a-c) of the Uniform Rules necessary to deem the property to be “devoted to agricultural use,” because (a) the parcel, due to setbacks from the blue-line creek, woodlands, and steep slopes, does not have additional areas capable of cultivation of vineyard or orchard; (b) the existing 5 acres of vineyard is a consistently maintained commercial agricultural use that maximizes the agricultural use of the property and exceeds the minimum per acre gross income requirement; and (c) maintaining the parcel under contract is consistent with the intent of the Land Conservation Act because the vineyard is commercial agriculture and the site constraint area

Revision No. 20151201-1 has natural esthetic and scenic value as open space, which is beneficial to the community, and consistent with the surrounding agricultural and open space uses of adjacent properties.

Alternative: In the alternative, the Board may find that notwithstanding site constraints and five acres of commercial agriculture on the 25 acre property, that continued placement of the property under Land Conservation Act contract based on prime agricultural use is not consistent with the Act because the site constraints which affect 80% of the parcel are better characterized as open space use. However, to qualify for an open space contract, the Uniform Rules requires a 40-acre parcel. Therefore, the 25-acre parcel does not qualify. If the Board agrees with this alternative, staff asks for direction to return to your Board with a revised resolution and direction to non-renew the contract. Under this alternative, building permits for a residence would not be permitted while the contract is in breach under Rule 11.0., and non- renewal (phase out) of the contract takes nine years to complete.

Prior Board Actions: On July 18, 2013, the County initiated non-renewal of a portion of the parcel (APN 090-230-022) was recorded. PRMD File No. AGP14-0113 Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Land Conservation Act Contracts support agriculture and agribusiness by assisting in the preservation of agricultural land through the incentive of reduced property taxes in exchange for retaining the land in agricultural production. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): Property Assessment and Tax Implications (2016): The property is comprised of two Assessor’s parcel numbers. The portion of the property currently identified by Assessor’s Parcel (APN) 090-230-015 is comprised of steep brush covered land with poor grazing quality and 5 acres of vineyard. The smaller portion of the property currently identified by APN 090-230-022 is comprised of moderately sloping hilly terrain. The assessed value under the Land Conservation Act, compared to what the assessed value would be under Proposition 13 without the tax benefit associated with the Land Conservation Act is estimated as follows for 2016 for both APNs:

APN Reduced Assessed Value Assessed Value under Approximate tax savings: under the California Land Proposition 13, as Conservation Act(CLCA) unrestricted, for (Applying a 1.2% tax (enrolled) comparison rate to the difference between the Prop 13 and the CLCA assessed value)

090-230-015-000 $69,244 $1,671,134 1,601,890 x .012 =

20 acres, not in phase out $19,222.68 in estimated property tax savings.

090-230-022-000 $172 $106,103 159,931 x .012 =

4.3 acres, in phase out $1271.17 in estimated property tax savings.

TOTAL $69,416 $1,777,237 $20,493.85 in total estimated property tax (2016) savings

$20,493.85 tax savings to the property owner equates to approximately $4,098 forgone by the County. The property is currently under contract so there will be no new fiscal impacts associated with this item. Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)

Narrative Explanation of Staffing Impacts (If Required):

Attachments: Draft Board of Supervisors Resolution

Revision No. 20151201-1 Attachment A: Application and Proposal Statement Attachment B: Site Plan Attachment C: Aerial Map with Riparian Corridor (RC) zone Attachment D: Assessor Parcel Map Page Attachment E: Letter from Agricultural Commissioner, dated November 25, 2015 Attachment F: Agriculture Income Statement Attachment G: Original Land Conservation Act Contract (Book 2607, Page 939), recorded March 1, 1972 Related Items “On File” with the Clerk of the Board: N/A

Revision No. 20151201-1 County of Sonoma State of California

Item Number: Date: September 27, 2016 Resolution Number: 16- AGP15-0023 Traci Tesconi

4/5 Vote Required

Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The Request By Charles And Jennifer Silver For Findings and a Determination of Compliance and Continued Eligibility for existing Land Conservation Contract, pursuant to Rules 4.0 of the Uniform Rules For Agricultural Preserves, for A 25 Acre Parcel, Located At 5857 Dry Creek Road, Healdsburg; APN 090-230-022 and -015.

Whereas, a request has been made by Charles and Jennifer Silver (Owners) for a Determination of Compliance and Continued Eligibility for an existing Land Conservation Contract for the land located at 5857 Dry Creek Road, Healdsburg; APN 090-230-022 and -015; Supervisorial District No. 4; and

Whereas, the parcel is under a prime, Type I Land Conservation Act contract recorded in 1972 (1-295-72; 2607/939) (Contract) and must remain in compliance with the Contract, the California Land Conservation Act (Act), and the County of Sonoma’s Uniform Rules for Agricultural Preserves and Farmland Security Zones (Uniform Rules), as they may be amended from time to time, for the duration of the Contract’s term; and

Whereas, on July 18, 2013 a Notice of Non-renewal was recorded under Official Record No. 2013-074030 which affects a 4.39 acre portion of the parcel; and

Whereas, among other requirements, the land restricted by the Contract must be devoted to a prime agricultural uses (Uniform Rule 4.2 B). Land is deemed to be “devoted to an agricultural use” when 50% or more of the land is used or maintained for the prime agricultural use, unless the Board of Supervisors makes certain findings; and

Whereas, approximately 20% of the 25 acre parcel (5 acres) is planted in vineyard, which does not meet the “devoted to agriculture” standard (50%), unless the Board of Supervisors makes certain findings under Uniform Rule 4.2.B.1.a-c. Also, the parcel is under 40 acres and is not large enough to allow a combination of agricultural and open space use to meet the 50% agricultural or open space use requirement; and Resolution # Date: September 27, 2016 Page 2

Whereas, the Sonoma County Agricultural Commissioner, in a November 25, 2015, letter has confirmed that more than 50% of the parcel is constrained from further prime agricultural cultivation due to setback requirements and steep slopes, and that the existing five acres of vineyard cannot be expanded on the parcel; and

Whereas, the five acres of vineyard planted on the parcel has been a continuously maintained prime agricultural use of the parcel for over 20 years; and

Whereas, the Legislature has found, among other things, that preserving the maximum amount of a limited supply of agricultural and open space lands is of public benefit to assure adequate food supply, and to preserve the physical, social, esthetic, and economic benefits of such lands. (Gov. Code Section 51220); and

Whereas, the Legislature has also declared that it is in the public interest for local officials and landowners to retain agricultural lands under Land Conservation Contracts in parcels large enough to sustain agricultural uses. State law deems parcels large enough to sustain their agricultural uses if they are at least 10 acres for prime agricultural land and 40 acres for non-prime or open space land. (Gov. Code Section 51222.)

Whereas, continuation of the parcel under the Contract is consistent with the purpose and intent of the Act; and

Whereas, in addition to being devoted to a prime agricultural use, the parcel must meet all other requirements of the Contract, Uniform Rules, and Act for the full duration of the Contract’s term; and

Whereas, Uniform Rule 11.1.A. provides that the Permit and Resource Management Department (PRMD) shall not issue any permit for development or use of contracted land if the contracted land is not in compliance with the contract, or the proposed development or use will not comply with the contract and the Uniform Rules. The Director of PRMD may authorize an exception to this requirement for health or safety reasons under Rule 11.1.A; and

Whereas, the Director of PRMD has not found a health or safety reason to permit the applicant to construct a home while the contract is in breach; and

Whereas, Owners desire building permits for a residence on the parcel, and desire that the Board of Supervisors make findings under Rule 4.2.B., to deem the use of the parcel to be devoted to agricultural use, and determine the contract in Resolution # Date: September 27, 2016 Page 3

compliance.

Now, Therefore, Be It Resolved that the foregoing recitals are true and correct.

Be It Further Resolved that the Board of Supervisors finds that the determination of a parcel’s compliance with the eligibility requirements for an existing Land Conservation Act contract does not constitute a project subject to the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 and Sections 15378(a) or Section 15378(b)(2) of the State CEQA Guidelines, as the action is administrative in nature and does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. To the extent the action is a project, Section 21083 of the Public Resources Code and Section 15317 of the State CEQA Guidelines provide a categorical exemption for the making and renewing of Land Conservation Act contracts and is applicable here.

Be It Further Resolved that the Board of Supervisors finds that:

1. The land restricted by the Contract is comprised of a single legal parcel 2. The parcel is located in Agricultural Preserve 1-295 as required by Uniform Rule 4.2.A, and Government Code Section 51230 et seq. 3. The parcel is approximately 25 acres in size, which is larger than the 10 acre minimum size for a prime agricultural contract as required by Uniform Rule 4.2.C, and deemed large enough to sustain prime agricultural use under Government Code Section 51222; 4. The parcel has generated an average of approximately $34,000 in income from five acres of vineyard over the last three years, which is more than $1000 per planted acre; 5. No structures exist on the property and there are no incompatible uses presently being made of the parcel;

Be It Further Resolved that the Board of Supervisors finds that, consistent with the Uniform Rules and Land Conservation Act, the parcel is “devoted to an agricultural use” because:

1. Approximately 80% (20 acres) of the 25 acre parcel is not suitable for agricultural use due to the following significant and overlapping constraints existing on the parcel: a. Average slope of 40% grade or more that cover 17 acres of the parcel, b. Oak forest that are not classified as or suitable for prime agriculture that cover 17 acres of the parcel, and

Resolution # Date: September 27, 2016 Page 4

2. Setback requirements for a blue-line creek located on the parcel that prohibit planting on approximately 3 acres of the site under Riparian Corridor (RC) zoning overlay district in the Zoning Code. The remaining approximately 20% (5 acres) of the 25 acre parcel has been continuously used or maintained since 1979 for vineyards, which is a prime agricultural use; and

3. Continued placement of the parcel under the Contract is consistent with the purpose and intent of the Land Conservation Act and the County’s Uniform Rules because: a. The five acres of vineyard is a viable commercial vineyard that has long term sustainability due to the high-value of the crop which exceeds the County’s income threshold ($1000 per planted acre) by several thousand dollars per planted acre, b. The property is located in an area characterized by agricultural and open space uses, and c. The parcel’s agricultural and natural features have scenic, esthetic, physical, and economic benefits to the public.

Be It Further Resolved that the Board of Supervisors hereby finds the parcel in compliance with its Land Conservation Act contract and the Uniform Rules for Agricultural Preserves for the land located at 5857 Dry Creek Road, Healdsburg, APN 090-230-022 and -015;

Be It Further Resolved that the Board of Supervisors finds the Contract is not presently in breach for the reasons stated above.

Be It Further Resolved that the Board of Supervisors designates the Clerk of the Board as the custodian of the documents and other material which constitute the record of proceedings upon which the decision. These documents may be found at the office of the Clerk of the Board, 575 Administration Drive, Room 100-A, Santa Rosa, California 95403.

Supervisors:

Gorin: Rabbitt: Zane: Gore: Carrillo:

Ayes: Noes: Absent: Abstain:

So Ordered.

I I Agricultural PresetVe Application PJR-099 I

Type of Application: I Applicant (Contact Person) Owner, if other than Applicant I C ,,.' \ 61\ v'{\>d I e.,_ Gk~, ... 1,. s ~ J~ ani ~ S: Iv<: --v' Name ':';, s 7 wf'5 ,f.- b () J/1,Nf S-/- . MaolonlJ Addressq _ /1 I k"' i;;i /(q.. {..~ 9 J 17 3 7 C1ty/Tovm V St. Zip

Other Persons to be Notified: (Specify: Other Owners(s), Agent, Lender, Architect, Engineer, Surveyor

ame ame Name

~alll11g Address ------- Mn1hng Addross li1alllng Address Cliy/Town St Zip Crty/Town St Zip C1fyllown st Zip

Phone Fax Phone Fax Phone Fax

ma mail

Signature Date Date bate

Project Description (Please attach additional sheets if needed)

-;:?. DO NOT WRITE Bs ow THIS LINE-To b~ Complet d by PRMD Staff •__) Su ervisorial District: - Current Zonin : :AD . neral Plan Land Use:

Is subject parcel within an existing Ag Pres. Area boundary? Yes If no, application processing includes the modification/enlargement of an existing Ag Preserve area. Is subject parcel adjacent to an existing Ag Preserv Area? Yesr6 No 0 If no, then in order to approve a new Williamson Act contract, the parcel and/or adjacent parcels must to'fr1i a new Ag Preserve Area as part of the processing of the application_ At least 100 acres of land area is required to establish an Ag PreseNe Area, unless otherwise authorized by the Board of Supervisors. ------ Commercial industrial uses (enter numbers where applicable) Bldg, Sg. Ft: Existing: Proposed: Existing Employees: New Employees: New Manufactured Hornes: New units for sale: New units for rent: Density Bonus Units: Previous Files: t Accepted by: '&ClC1 c-·if.Q1£fYL{;(<, Date: 8"- J1--')..0t S-

Sonoma County Permit and Resource Management Department 2550 Ventura AvenJe, Santa Rosa, CA 95403-2829 (707) 565-1900 Fax (707) 565-1 103 SOahl 8-28-12 SfHandoulslPJR\Atlachment to PJR-099 Agricultural Preserve - Supplemental Questionnaire

1. How many total acres are included in your application for a Land Conservation Contra ct? 20 . 71 Acres 090-230-0 l Salready under contract . 5.05 planted to grapes

2. Is the property currently being operated as an agricultural enterprise or open space? Please describe:

Agricatural

3. How many years has this agricultural enterprise or open space been in existence?

Qveil...; i D

4. Do you anticipate any future changes of the use of the property? If so, please describe.

-Pos sible Future Residence

I dee r under penalty of perjury, that this i{lformation is true and correct to the best of my knowledge. ~ 91\ll~ Date

Sonoma County Permit and Resource Management Department 2550 Ventura Avenue, Santa Rosa, CA 95403-2829 (707) 565-1900 Fax (707) 565-1103 Sdahl 8-28·12 Sil landoulsiPJR\Attachment to PJR-099 January 20, 2016

(.1\.11 h'Hil'•Hi.ElJNh f.\!111> Pl.~lliil"l""'C.• f'l:mning Civil Lngineering County ofSonoma f r~Jed Management Attn: Traci Tesconi (~onstnJ..:t1on Management 2550 Ventura Avenue Surve~111g Santa Rosa, CA 95403 [."titl<'ments Concert Design f"'easihilrt_Lj ,Stud;,,~ RE: 5947 Dry Creek Rd., Healdsburg CA (AGP15-0023)

To whom it may concern,

A site plan was prepared and submitted to the County on Jan 4t11, 2016. This map reflects the 5 gross acres ofvineyard area on the site. The only place outside ofthe vineyard that is suitable for a house (compatible uses) is where the ag shed is and the area specified on the site map as "0.5 acre area offuture Williamson act compatible uses". This area is outside ofthe riparian corridor, but is under trees and within 200' ofthe stream. Per VESCO & riparian corridor requirements the owner wouldn't be allowed to remove those trees, but they could put a house under the trees and outside of the setback. Vines can't be placed there because without the tree removal there aren't any viable areas to grow grapes. In addition a site visit was conducted with the agricultural commissioner's office. The letter dated November 25th, 2015 reflects the results ofthat site visit and further reinforces the fact that the remainder ofthe site is not developable to vineyard because ofslope restrictions, creek setbacks and tree canopy cover.

me ifyou have any questions.

~1[.r\L D.'.:1t'X lKCr l)I I J( L ~ I ' CenkrStreet ) 1··aldsburg.CA~5-t-'lll

>ort<,ilm1111se.lleciv1l.com [email protected] www.munse.llea,il.conr

COUNTY ASSESSOR'S PARCEL MAP TAX RATE AR£4 090 97-016 SCALE: 1"=500'

IAg Prt- .~f9'-1'J\ 26v.~-~ L__J \ I \ HUTTON a SPURR's SURVE'I TZABACO. RANCHO . M.. Btr:_ 8 ~· 17 R~~. &/26/186~ REVISED 11-06-96=54-!

R/S-119/ZO -- ""® 4982.Ar. t/S-S48

1110"~1·"~•-6'?.66 2, - -llJLU lat I i 3. R~9?'~ L:. -12164 32.9!/Ac.

Let I Porcei Mop 4036 611 2"08 P;. 4i: Rec:_ 6-!i- 74 I; @ .Former NWP ~RI 2o.02Ac. LOT 2 ~SEN SUBDIVISION 1-14-94 Bk.5(9 Pgs •.10-12 ® LOT 3 TH-NISSEN SUBDIVISION 20.16 AC. @ 4~/82 IN BK. "4, MAPS, PS. :J-S I; 41.52 AC.

ap was prepared for Assessment and does not indicate either parcel 1alid building site. No liability Is :he accuracy of the doto delineated, "re based on the information e Assessor (i.e. recorded survey mops s, prior assessment mops, etc.)

~~Tony Linegar 133 Aviation Boulevard , Suite 110 Agricultural Commissioner Santa Rosa, CA 95403-1077 Sealer ofWeights and Measures (707) 565-2371 Fax (707) 565-3850 www.sonoma-county.org/agcomm~~

~~November 25, 2015~~

~~AGP 15-0023 5947 Dry Creek Rd APN090-230-22, 090-230-015~~

To Whom It May Concern, Our office visited the property located at 5947 Dry Creek Road on 11/17/15. We hiked as far as we could along the creek above the existing vineyard. We also reviewed the site plan prepared by Munselle Engineering, dated August 19, 2015, job number 68-15 titled Silver Residence Williamson Act Site Plan. The areas on the property that have not been planted in vineyard consist of a barn area and a heavily wooded area containing a blue line creek with steep banks. The majority of the slopes in the heavily wooded area are over 50 percent slope. The wooded area consists of riparian vegetation supporting the creek. The riparian zone extends at least 200 feet for the entire site above the existing vineyard. After reviewing the site plan and based on the site visit it is our determination that there are no more suitable areas on the parcel for vineyard or orchard development that meet the requirements of the Sonoma County Erosion and Sediment Control Ordinance. Specifically, vineyard/orchard development is not allowed on slopes greater than 50 percent. Additionally, the setbacks for existing contiguous riparian vegetation on a blue line creek are 200 feet. If you have any questions; please feel free to contact our office at 565-2371.

~~Sincerely,~~

~~Gail Davis Agriculture and Vineyard Conservation Coordinator Agricultural Prsssrve Application Income Statement PJR-1165~~

Purpose: This income statement will be used by this department to determine what type of agricultural preserve (if any) your property qualifies for. The data is similar to that shown on the lntemal Revenue Service Schedule F (Frum Income and Expenses) and should be adaptable to yourFederal return. Figures for the last five years are required and you must also provide your Schedule F's along with this statement This statement will become part of you"rpreserve record. Only include from those parcels on Which you are requesting preserve status.

.~t!l'tl' ANNUAL . ~~uAJ,.~~·~li!\l~!\llO PRODIJCllON OPERATION TOTAL Na. NUMBER NUMBE'R NUMBER (No.Qllves, Average T'IPE ANIMALS BROOO REPl.ACM'T SIRES lambs,elc.) Price 20~ 20 l"I 20_!3 2~ 2011 Cetll•

~~Calves~~

~~Sheep~~

~~Swine~~

~~Pa"1by~~

~~Oalry~~

~~Olher~~

~~... !~i:Nt~ , ... ' NUMBER ACRES VARIETIES PLANTEO 'l1ElD PER ACRE VALUE PERTON Grapes Z;n..f;ir~ML ~ 2. .s-3 -h>ns '?.f.01)-~700 rJ,Wt. 32.tb' 31.311 /Y,'l.ll~ ()... Oroltanls~~

~~Hay~~

~~Grain~~

~~Vegetables~~

~~Other~~

~~NUMBER ACRE'S LEASE'O VALUE PE'RACRE Rents JJ/A~~

sonoma C00"4' Permit and Resource Ma~ Oeparbnenl 2650Ventura1\-..e, Sanla Rose, Cll 95403 (7()7)565-1900 FAX(7Q7) 565-1103 Sdahl\S:\Handouts\PJRIPRD-065 3-28-12 ' :·· . ' ...... ·.... ,. .~::'.:?..~~?... r ~EQU ::o~

A'r soricma u'nlY1 Oel!fomtit. .;µ.¥)· RECORDERk. MAB .11972 . . . ·,· ' . . . . ·_omc1A~ R~CORDS_ . . LAND . CONSERVATION CONTRACT . . . .. 'J'\t !L. ... . · · ·.· ·. · . M57804 :· .FEES $...... ,"~.,...... -..g,o, · THIS CONTRACT, made ·and entered. into thfs ·14th day of .:·. FiJbr1iary · l9..z1._.:., by ~nd bet:Ween. ·FRANK J. LEWIS and· ELVAH .. LEWIS

~~·. h.ereinaf'ter .referred .to as 11 0WNER" and the CO!JN'.l;Y OF SONOMA,' a . . . poLi.ticai.' subdivision of th.; .Sta~e' of calHornia·;. hereina_fter·~~

~~. referred to as ·':'COUNTY"; · ·RI!-!!!.££:! !1!:~~

~~' ' The 'parties, in consideration .of the mutual covenants and~~

~~~ondieions ·set forthherei.n and the stibst;i.ntial .public benefits to~~

~~.be derived therefrom, do hereby agree as foliows:.~~

· 1. ·PURPOSE.· The within contract is made ·and entered into pursuant .to the California Land Conservat"ion .Act of· 1965 ·(Chaptei; · 1443, Statutes 1965), as am~nded, This ·contract shall be. subject to said act .and any amendments thereto.

2; :·SUBJECT PROFEJi.TY.- The Owner. po~sesses real property loca~ ". ted ·within the County, as more partipularly ·desc:dbed in Exhibit 11A11 ·which .iS at;f.::~ched hereto and J,nco·rporated herein. bi refere.nee. . · 3 •. · RESTRIC~ION TO AGRICULTURAL o~ doMPATIBLli: us~.·· During . the term Of, "this aontract,. the"above-desc'ribed land shall not •'' ' 'be· used for any purpose other than ,;an agricultural or compatible '-use" as the sain,e is defined in-the rules-,foi; the, agriciultural preserve in which.:sa~.d land is situated, siii"d rules have been '.· . ()r are about to be, adopted:for the lands in said preserve _by· .'resoiut;Lon of :_the C_ourity Is ·Boerd of supervi?ors and said. rules may be ,.revised from. time to. time ·by said B·oai:d for the purpose ,of .. /iic.h;\.ev;Lrig and;.shall be consistent with the objectives of said .Land Conservation Ac.t. ·

4, · TERM; AmOMATto EXTENSION AND PHASE ouT. '. ·Thi~.co.ti,tract'.'shall be. effective cominencing ·on the 1st day of :.·:. .March · ·· .. ·, 19 7.2·,. , arid shall remain··in ·effect· for a .. '.pe·riod of 10. yea.r.s therefrom: This 0 6ntract· sball be automatically ext.et1ded ·.at the end 'of each year .£or an additional one year period unless ·no't~ce of nDnrenewal is ·give.n as .. Provided in . . . >:

~~... Ag Typii 1(Rev.-12/11). _, .. ., ··: .. ' . . . ', .. . • 01:,~~

s·ect:i.on .41245 ·6f .i:he ca:(ifor~J.a Governmen.t Code to the end that ,at all timea. during the contimiaticin of this cori.traot as extended, there sha.11. b'e a lO•year terin of restriction unless ·notice of .non• rei:rewal bas been giv!'ln. · · ·

. ?• REPORT; OF VALUE,· ·The County's Assessor shall annuaHy, du:t::Lq.g. the. p.ontinuat:ioii '0£ .this contr~ct, ~epo_rt (:o the Owri~r _and to. tfi.e Courity·'.s .. BOard. of SuperVis.orS t:he re~tricted valtie -~nd· th6. · · 1.mrestricted value· (i.e; the. value the property'_ woul.d hav" had ·if .. not subjeqt 't.o the restriiltions imposed by this contract). The.re- , · U[Jon, th.e :oWner may '.!'e 15 .. ·per cent of the mai;ket vaiue of the property as deter.-. mined by the cO~nty"' s· ·Board of Supervi.sors at the time tl;i.9,t Such Board approves the Own:er '~ request for :c:anceliation; provided.,. n~v~rthele..s13, tha:t= -the Gol.lntyts: Boax-d of s.up'etvisors shall hot approve any· request :for cancell.ation unless the cance11ation fee·. · (calcullilted' in the manner d\".sor.ibed 'in Paragraph 7 hereof). equals or exceeds the.cancellatlon fee described in Paragraph (b)'of Gov·ernme(lt Code :section 51283 - except :Ln those instances in which · said"B9ar·a of .supervisors pursuant to paragraph (c). of said Section S,12S3 finds that in the· p.ublic interest: all or part of ,the cancel· lation. fee. 'shoqld be waived,"

7, CANCELLATION FEES.AND.WAIVER:FOR PAYMENTo In 'the event that the Board. of Supervisors detei:lnines that some portion of ·th!' cancellation fee should 'be waived, it' shall' specif)' the net cancel lation' fee p'\yabl.e; ·i:;.o cancellation shall be effect.ive unless and . until such· cancellation fees have beep. pa.id t.o the .County's Boii-rd ·of supervisors; ·

8. ··EMINENT DOMAINo In lieu of. the provisions ·of Government Code Se.ctiOn 51295; ·the owo:·er' s rights arising. out of an action in emine.nt <\amain or the threai: thereof shall Ji e governed by the proc . .visfons of Paragral'hs .6. and. 7 of this contract, In that regard, it is recognized tfi.at on 09¢asion, the Qwrier's right to relief / 'should' not·be rilstric'ted to instances in which the· foe of an entire parcel of land subject t:o contract is b~ing ccind'Smned and that 'in ·... other: ins~ances the condemnation of small sl:ivers of a p'\rcel of · land· miiy have little·; if any, effect .on the coriduct. of.agricultural .operations on a parcel of ·1and subject to contract; . . . · ·. 9. CONSIDERATIONo 'owner shall not receive·any payment from the c0unty in.consideration. of the obligations imposed hereunder, it being .re.cognized and agreed that th13 'consideration for the ·exe cl)tion of the ·within contract is the substanHal benefit to be de· rived by both. parties .. ·

~~10; · S\JCCESS.ORS IN INTERE:STo The within c6ntract, its .1;etms and .re.stri'ctions shall run with the land deS'cribed herein ·and sh<11l~~

~~-2~~

~~Ag tr'ype l . ·•.~~

~~~OOK 2607 PME 94:1~~

~~be bi~di~g upoh tti~ heirs, successor.s, and.'assigns of the parties ·h.eretoo · · · ··~~

. IN WITN.ESS wliEREOJ!,: the· J>~l:'.tles. ·have affixed ·t.heir hands. and · "· s.eal{ the .day· and year first· above· written;· · · ··• · •. (;:·, ,(·~ .. • ' •.. ;I:• .. COUNTY OJ! BONOW:-§': .. : .. . ~r. ·.\;

~~BO~!,\i .· .~~

~~OWNERS: .·. . ~~~

~~FRANK J.· LEwr0=~{1~ . .'ELVA H. LEW):S~ . . .~~

~~ENCi:JMBRANCll ·HOLDERS:~~

~~We,· t.he undersigned trust, deed or other ehctimbrance hold'ers, do hereby .ag.ree to and agree. to be bound by 'above imposed resfr~ctiqns.~~

~~Note: .(Acknowledgments must 'he attached) . ,.r·~~

~~-3~~

~~Ag. Type. I · ·. . ··. .·· .~~

. ACKNOWLEDGMENTS STATE .OF cALIFOR.NIA). . ) 88 •. ' COUNTY OF SONOMA. ) ~n tW:s~day ~t4t ·" ~ ; 19~ bef~r. e me _ _r;,~~-4-,,£1...,!£..:..,d<;'L.,.~· , pei;aonafiy appeared ~ !.1=(1-pe.--if knoWn ·.eta e (o·r. proved to me on the ·oath. of . ~ . ) . to be . . CltAIRMA1' OF THE BOA!m OF SUPERVISORS OF SONOMA COUNT".( and known to .me to be tqe person.whq e>1:eotlted the within instrument' on ·behal,f. of said .public corporation, agency or political subdi.vision; and acknowle.dged •to me·' that llUCh COUNTY executed the smne,

~~for the :-Y_' .·,. e~.~~

On this -·_day· of·.,·-----'-'--;· 19_··_; before me, ------'--'------' a Notary_ Public in and for· t\le· ·. ·County of , State of ·cal{fornia, residing..therein, duly commissioned .and -sworn, .p·erson?lly app~ared _____;.__.______. • known to me to be· the --""-----'----~ of. the .co:q;ora.tion described in and that executed the within instrument on l'>ehalf. of the·. corporation therein named, and acknowledged to me that such corporation:·executed the same. IN WITNJlSS-WHEREOF .I have hereunto .set· my hand·and affixed my official seal in the · · _ · County of---'~------.:.- _the d.aY· arid year in this certiflcat.e ·first above written:

~~. (Ad(litional Acknowledgments shall be added as needed) ·. . ·· I .. .,......~~

~~:. ~ '\·. EXHIBlT A~~

'Che real. prop¢rty .which is the subject .o·f. this contr_act · . is "situated within agriCultural preserve· lf 1~2.95 . ·as shown by map thet¢of recorded·'in presei1Te map -boo!< .J:._, page 9H,92, in the · office of th~·-County Recorcier.of Sonoma .County, California,. and . · · ·. s<1icl rli!al "property. is 1I1ore P'!rticuiai:ly desori~ed_ as follows:

~~.. I ". ·.. ·......~~

~~I . ' .. ·_,..~~

PARCEL ONE: Part o.r. the._ property of Rose i\. Porter situated easterly from' Dry Creeic, within Lot 22, of. the Tzabacco Rano_ho,. Sonolna Collnty California, BEGIN[l{ING a-(; a point· niarked by an ir.on.pipe drivan on the Southw"e s~;erl~r. .. side of County· Road known as tl;Je East Side Dry :creek Road, leao.J.ng :f.rom : Healdsburg to SJnoe North 59• 48' · West, 242.2 fest to the poi.nt o:f ·beginning. ·

~~... . -:· ...• .... I I~~

~~_!. ;· '~~

~~.::.".• ··., ········-·....-'-·~-~~~

~~."1;' ' .•. .... ,......~~

'· . : .. . ·.·• ..• :.·.,~,;.•;.t,. . .:·,. / , · · DESCRIJ?'tION: . CONTrJ.iiUED ·.· . . . . . ·. ·. :.. · . --: . . . '. ·.. ··.·· · ;_, PAkcE1 Ti·10: . . . Par'f.of the Proper:ty of R~s~ R. porte1' Sittiated iiasterly ,from Dry cr~ek' ' ''1thin·..Loi:Os 2.2 and. 37 of..the TzEl.baceppen;oiJlY · side of. the Oount:f Rqad 1 the, tl:'ue .point of. beginning of the traqt of land to .be hel!'ein· il.esoribed; thence, North· 37° 42' East, 212,8 :feet to a point ·.· '. ma1:ked by an iron pj.pe;:·tl).enoe Nc;>rth 58~ 461 East;.. 4·08.9 :feet to a point •ma.I'.ked by an:iri:m1pipe; .··thence North 62° 56 1 East,. 5.52;3 :fee.t to a po.int. 1 marlce(fby .an irotr'pipe; ·.thence South 22° .27 Eapt1 231,0 :f.eet to.. a point. ·.. . marked by an il:'on p~pa.; ti;.enoe. South 67~ 311 West, 1129,4 :feet to a poitit ·. ·.;• · . marked ··by an iron p:i.pe :dr;i.ven· on the Northeasterly .s:lde o:f the County .Road; · ·theiice North'49° .54 1 Wei;it,,21~2 :f'ea.t to the po;i.nt of beginning; · .·PARCEL. THREE: ;· r . . P,.l:'t' o:J: the property of R.ose R. P9rter situated easterly froin° Dry C.reek;. . ·:: · .within Lot -:>7, i;i:(' the Tzabaco ·Rancho 1 Sono1pa County, California. · -· Coritmenqing' at fl., point marked by an fron pipe d,riven on the Southwes·berly ..·. side of the County Road !mown as the East Side Dry Creek Road, leadiµg · £rcindl~8J.<;Lsburg t°o i;ilcaggs Springs sa;ld J?Oint ..of b~g;lnn~ng being ,the point . . . . : .\.of· ·bepnn:i.ng ·.of. the t.rB,ct of ;Land described in qu:i,tclaim deed from Rose. R• . .·::··.;-,: Port.er .to A;tbert. R•. l;lart, et u:x:, .dated ·Me,y 26; 1942 anq recprded May· 2·7, 1942, 5.n '.Book 547. of O;f;fic;i.al Jlecords, Page. ~;4'.5, Sonoma County Reoorda, . and from w)lich poin·b of ·beginning the center of. a large Pepperwood. tree.. '.~.·bears South. l1° ··O' West 123·..5.iteet distant; thence North 66° 39' Bast, · · ... '·.1286.2 .. fei?t. tci a. :Po:Lnt·marked by an :i,ro1r pipe, the true point .of begirming · ·· ;·;..: rn:f. the tract of lail'!- · t.9 be herein.. de9oribed; th.eiJ.?e )'loi;th '68~ 38' .East · . : . · 4186.b .feet. to.:a· po:mt·marlted by an iJ;"on pipe·, said point ·being on Hut-con's1 ,. . · ·· B;lSe ·Lim;: tll.ence along- sa:t<\ Base. ·1:1.ne North 47° 48 1 West, 229, T feet ·to. a·· <.· :Point marJ,ed by an iron .Pipe;, thence Sou·l;h·68° 59 1.West., 4084,2 feet· to a· ·:pol,nt marked by ati iron.p,i.pe\ thence So.uth 21° 26 1 lllf!.st, 231.o i'e~t to the ,...,: · yue point,. o,f beginning, ... . .· ..:·· · ·· · ·A~- ·l?. ·90-230~15, :22. ·and .24:· ·.· .·... . ,··. :.. "· ·.. , ·,,...... "· \• .' : . ~ .··.:: :· •.:. ,·; .. : '." ··: ...... ·...... • . -'. ·;.:. ·-.'-·--··-· ...:-=-.--.,:..__.' _.:_____...... ,,_ ~~---:.~~~h.-·······-·-·-,-.~--.---~--~~-·--.··-.··-· -~ ··~'..: ---~.----~. ... : ~·. ·.:,. .. : ., .•.;: ·. ·.. •. :. :\. :

~~:·: .. '. ,.. ' .~~

~~'.·.· :·· ~ .I. ·.' " ..·.., :,'.'~~

~~...... ,-· .. ·...... '· . . -'.1.• Agenda Item Number: 12 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Regional Parks Staff Name and Phone Number: Supervisorial District(s): Elizabeth Tyree – (707) 565-2575 1st Title: McCormick Ranch acquisition Habitat Conservation Fund grant application Recommended Actions: Adopt a resolution authorizing the Director of Regional Parks to apply for the State Parks’ Habitat Conservation Fund in the amount of $250,000 for McCormick Ranch acquisition and authorizing the Director of Regional Parks to execute all documents which may be necessary to carry out and administer the grant. Executive Summary: Regional Parks, in partnership with the Sonoma Land Trust and the Napa Land Trust, is seeking funding to acquire McCormick Ranch near Hood Mountain Regional Park and Open Space Preserve. McCormick Ranch is approximately 758 acres and straddles the Sonoma/Napa county line along the Mayacamas ridgeline. Approximately 323 acres of McCormick Ranch is within Sonoma County and approximately 435 acres is in Napa County.

McCormick Ranch is adjacent to Sugarloaf Ridge State Park and in close proximity to Hood Mountain Regional Park and Open Space Preserve. This property is a key link between Sonoma County parklands and the adjoining open space lands of Napa County. This property would provide for future trail access for the Bay Area Ridge Trail along the ridge line, linking to Sugarloaf Ridge State Park and continuing into Hood Mountain park and preserve; preserve the scenic, open space, riparian, and watershed values; and protect the property’s critical role in the Marin Coast to Blue Ridge Critical Linkage identified in the Bay Area Critical Linkages Project and Conservation Lands Network. Acquisition of the property complements the Spaulding/Santa Rosa Creek Headwaters property transferred from Sonoma Land Trust to Sonoma County earlier this year and the Hood Mountain Lawson Expansion transferred from the Agricultural Preservation and Open Space District in 2014.

The Sonoma Land Trust is leading the effort to purchase the Sonoma County parcels of the McCormick Ranch. The fundraising and acquisition may take two years to complete. Upon completion, SLT proposes to transfer title to County of Sonoma for Regional Parks’ management as an expansion to Hood

Revision No. 20151201-1 Mountain Regional Park and Open Space Preserve. Portions of the property in Napa County would transfer to a Napa County entity or remain with the Land Trust of Napa County An appraisal is underway, funded by the Sonoma Land Trust and Napa Land Trust. Fair market value is yet to be determined, but may be between $7 and $9 million. Grant funding from public sources and private foundations will be the largest portion of the acquisition funding and multiple grant opportunities are being explored.

State Parks’ Habitat Conservation Fund grant program is an annual competitive funding opportunity, offering $2 million statewide to local entities, for projects protecting threatened species, addressing wildlife corridors, and creating trails. Grant applications, including an authorizing resolution, are due the first Monday of October. For this grant application, the “project” is defined as acquiring approximately 323 acres of McCormick Ranch as an expansion to Hood Mountain Regional Park and Open Space Preserve. Successful grants require a dollar for dollar match prior to beginning the project, sufficient funds to complete this acquisition project, and sufficient funds to operate and maintain the acquired land. Unless and until a separate project to expand services in the expansion area are approved by the board, operations and maintenance costs on the newly acquired land should be minimal.

This competitive grant could be awarded by July 2017. Matching funds are anticipated to come from the State Coastal Conservancy’s Bay Area Ridge Trail funding and the Sonoma Land Trust’s funding from the Gordon and Betty Moore Foundation. Prior Board Actions: May 24, 2016 received the County of Sonoma Capital Project Plan 2016-2021, including Hood Mountain Expansion. May 24, 2016 by Reso. No. 16-0218, accepted donation of the Spaulding Property from the Sonoma Land Trust. June 10, 2014 by Reso No 14-0247 accepted fee title to the Lawson Property from the Agricultural Preservation and Open Space District. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship This funding would support acquiring open space lands to protect and enhance the county’s natural environment Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): If grant the application is approved, this funding and the related expenditures will be included in the FY 2017-2018 budget. Matching funds will be allocated from State Coastal Conservancy and Moore Foundation grants.

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments: Resolution, location map Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

~~Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The Application For Grant Funds From The Habitat Conservation Fund Program~~

Whereas, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and

Whereas, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing project application under the HCF Program; and

Whereas, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and

~~Whereas, the applicant will enter into a contract with the State of California to complete the project;~~

~~Now, Therefore, Be It Resolved that the Board of Supervisors hereby:~~

~~1. Approves the filing of an application for the Habitat Conservation Fund Program; and~~

2. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the required match and sufficient funds to complete the project; and

~~3. Certifies that the applicant has or will have sufficient funds to operate and maintain the project, and~~

4. Certifies that the applicant has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide; and Resolution # Date: September 27, 2016 Page 2

5. Delegates the authority to the Director of Regional Parks to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project.

~~6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~Attachment B Sonoma County Acquisition pursued by Sonoma Land Trust with Regional Parks Regional Parks 0~~

~~McCORMICK• Land Trust of Acquisition pursued by Napa County Land Trust of Napa county and RANCH Easement Napa County Regional Park & Open Space District ACQUISITION~~

~~Location Map 0 0.5 1 Miles This map is for illustrative purposes only and is not intended to be a defi n~i ve property description. D Source: Sonoma County ISO GIS N~~

Iii Parking ftw Camping . Future Camping 0 [i1J ~ Trai ls - creeks ~ Public Roads - • - County Limits - Existing Bay Area Ridge Trail - Potential Bay Area Ridge Trail Designation • • • I Potential Bay Area Ridge Trail Connector

~~c::::::J Regional Parks State Parks~~

~~c::J Open Space District~~

~~0 ~ Protected Lands~~

~~J Agenda Item Number: 13 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Sonoma County Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Sheriff’s Office Staff Name and Phone Number: Supervisorial District(s): Yvonne Shu, 565-3922 Title: Agreement for Interview Room Equipment and Digital Evidence Management Recommended Actions: Authorize the Sheriff-Coroner to execute an Agreement for Interview Room Equipment and associated Digital Evidence Management services with TASER International, Inc., from October 1, 2016 through September 30, 2021. Total expenditures are not to exceed $75,000 over the term of the contract. Executive Summary: The Sheriff-Coroner requests that the Board authorize execution of an Agreement for Interview Room Equipment and Digital Evidence Management System services with TASER International, Inc., from October 1, 2016 through September 30, 2021. Total expenditures are not to exceed $75,000 over the term of the contract.

Background. The Investigations Bureau’s interview recording system is beyond its useful life. The system deficiencies include frequently malfunctioning equipment, significant exposure for user error, and a high risk of data corruption. The interview rooms are in constant use by detectives, and often the recording produced from these rooms is the most critical component to an investigation. Several cases have been dropped due to equipment failure or failure to properly format a disc.

The secondary problem related to the interview recording system is inefficient management of digital evidence. Tracking, storing, retrieving, and duplicating CDs and DVDs (discs) consume significant amounts of personnel time. Currently, media discs are placed into thin paper sleeves rather than thicker plastic protective sleeves in order to save space. This storage method is not ideal for the preservation of disc quality. Finally, disc duplication process would not stand up to authentication questions that could be potentially raised in court.

Request for Proposal (RFP). The Sheriff’s Office issued an RFP for interview room equipment and digital evidence management services on February 22, 2016. The evaluation of the proposals by Sheriff’s Office personnel and a staff member from the County Information Systems Department was based on the following main criteria:

Revision No. 20151201-1 . Cameras and microphones for three interview rooms . Viewing room equipment and/or solution . Digital recording and storage solution for interviews . Ability to meet technical specifications outlined in RFP . Qualification and experience . Cost relative to scope of services

Three vendors submitted complete proposals and also provided demos of their solutions. All solutions represented a significant improvement over the current state, with differences in technical specifications and price points. Based on the above-listed criteria, the evaluation committee concluded that TASER International was the best fit for the Sheriff’s Office. Additionally, because the Sheriff’s Office already uses TASER’s body worn cameras and related storage, the Sheriff’s IT Unit would not need to manage a new system.

Scope. Contractor will provide and install interview equipment, including cameras, microphones, touch panels, and redundant recorders. This Agreement also includes interview system software, server license fees, touch panel software, cloud storage, and a five-year maintenance and support plan, to be paid annually. TASER has acknowledged compliance with the Living Wage Ordinance through the signing of the Agreement.

Fiscal Impact. No additional appropriations are requested at this time. The FY 16-17 expenditures will be offset by funding from the Justice Assistance Grant (JAG). Appropriations in the JAG Special Fund (30016800) and the Investigations Bureau (30014500) will be requested through the FY 16-17 first quarter consolidated budget adjustment process. Prior Board Actions: N/A

Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring Community Authorizing the agreement for Interview Room Equipment and Digital Evidence Management will help to ensure the continued availability and integrity of interview-based evidence for investigations and for court cases, resulting in a safer community. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ 48,287 County General Fund $ Add Appropriations Reqd. $ State/Federal $ 48,287 $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ 48,287 Total Sources $ 48,287

Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required): Grant funding from the Justice Assistance Grant (JAG) will be used for the interview room equipment and digital evidence management system.

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments: Agreement for Interview Room Equipment and Digital Evidence Management Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 AGREEMENT FOR INTERVIEW ROOM EQUIPMENT AND DIGITAL EVIDENCE MANAGEMENT SYSTEM~~

This agreement ("Agreement"), dated as of ______(“Effective Date”), is by and between the County of Sonoma, a political subdivision of the State of California (hereinafter "County"), and TASER International, Inc. (hereinafter "Contractor"), a Delaware corporation authorized to operate in the State of California.

~~R E C I T A L S~~

~~WHEREAS, Contractor represents that it is a duly qualified provider of interview room equipment, digital evidence management systems and related services; and~~

WHEREAS, in the judgment of the Sonoma County Sheriff-Coroner, it is necessary and desirable to employ the services of Contractor to provide interview room equipment, a digital evidence management system and related services.

~~NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:~~

~~A G R E E M E N T l. Scope of Services.~~

1.1 Contractor's Specified Services. Upon request of the Sheriff-Coroner or designee, Contractor shall perform the services described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter “Scope of Work”) and pursuant to Article 7, Prosecution of Work. In the event of a conflict between the body of this Agreement and Exhibit A, the provisions in the body of this Agreement shall control.

~~1.2 Cooperation With County. Contractor shall cooperate with County and County staff in the performance of all work hereunder.~~

1.3 Performance Standard. Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to

Taser International 2016 (Rev.G) Page 1 of 31 repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

~~1.4 Assigned Personnel.~~

a) Contractor shall assign only competent personnel to perform work hereunder. In the event that at any time County, in its sole discretion, desires the removal of any person or persons assigned by Contractor to perform work hereunder, Contractor shall remove such person or persons immediately upon receiving written notice from County.

b) Any and all persons identified in this Agreement or any exhibit hereto as the project manager, project team, or other professional performing work hereunder are deemed by County to be key personnel whose services were a material inducement to County to enter into this Agreement, and without whose services County would not have entered into this Agreement. Contractor shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of County.

c) In the event that any of the Contractor’s personnel assigned to perform services under this Agreement become unavailable due to resignation, sickness or other factors outside of Contractor’s control, Contractor shall be responsible for timely provision of adequately qualified replacements.

2. Payment. For all services required hereunder Contractor shall be paid in accordance with Exhibit B, attached hereto and incorporated herein by this reference, regardless of the number of hours or length of time necessary for Contractor to complete the services. Unless otherwise noted in this Agreement, payments shall be made within the normal course of County business, after presentation of an invoice in a form approved by the County for services performed by Contractor, setting forth in detail the services performed, the project milestone achieved (where applicable), and the dollar amount payable. Upon completion of the work, Contractor shall submit its bill(s) for payment in advance on an annual basis in a form approved by County’s Auditor and the Sheriff-Coroner. Expenses not expressly authorized by the Agreement shall not be reimbursed. Total payments made to Contractor under this Agreement shall not exceed seventy-five thousand dollars ($75,000.00) without the prior written approval of County. Payments shall be made only upon the satisfactory completion of the services as determined by County.

~~3. Term of Agreement. The term of this Agreement shall be from October 1, 2016 to September 30, 2021, unless terminated earlier in accordance with the provisions of Article 4 below.~~

~~4. Termination.~~

4.1 Termination Without Cause. Notwithstanding any other provision of this Agreement, at any time and without cause, County shall have the right, in its sole discretion, to terminate this Agreement by giving thirty (30) days written notice to Contractor.

~~4.2 Termination for Cause. Notwithstanding any other provision of this Agreement, should Contractor fail to perform any of its obligations hereunder, within the time and in the manner~~

Taser International 2016 (Rev.G) Page 2 of 31 herein provided, or otherwise violate any of the material terms of this Agreement, County may terminate this Agreement by giving Contractor 30 cays advance notice to the Contractor of the breach. In the event Contractor fails to cure the breach within the 30-day notice period, County may issue written notice of such termination, stating the reason for termination.

4.3 Delivery of Work Product and Final Payment Upon Termination. In the event of termination, Contractor, within 14 days following the date of termination, shall deliver to County all materials and work product subject to Section 9.11 (Ownership and Disclosure of Work Product) and shall submit to County an invoice showing the services performed, hours worked, and copies of receipts for reimbursable expenses up to the date of termination.

4.4 Payment Upon Termination. Upon termination of this Agreement by County, Contractor 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 payment specified in the Agreement as the services satisfactorily rendered hereunder by Contractor bear to the total services otherwise required to be performed for such total payment; provided, however, that if services which have been satisfactorily rendered are to be paid on a per-hour or per-day basis, Contractor shall be entitled to receive as full payment an amount equal to the number of hours or days actually worked prior to the termination times the applicable hourly or daily rate; and further provided, however, that if County terminates the Agreement for cause pursuant to Section 4.2, County shall deduct from such amount the amount of damage, if any, sustained by County by virtue of the breach of the Agreement by Contractor.

4.5 Authority to Terminate. The Board of Supervisors has the authority to terminate this Agreement on behalf of the County. In addition, the Purchasing Agent or Sheriff-Coroner, in consultation with County Counsel, shall have the authority to terminate this Agreement on behalf of the County.

5. Indemnification. Contractor agrees to accept all responsibility for loss or damage to any person or entity, including County, and to indemnify, hold harmless, and release County, its officers, agents, and employees, from and against any actions, claims, damages, liabilities, disabilities, or expenses, that may be asserted by any person or entity, including Contractor, that arise out of, pertain to, or relate to Contractor’s or its agents’, employees’, contractors’, subcontractors’, or invitees’ performance or obligations under this Agreement. Contractor agrees to provide a complete defense for any claim or action brought against County based upon a claim relating to such Contractor’s or its agents’, employees’, contractors’, subcontractors’, or invitees’ negligent performance, errors or omissions under this Agreement. Contractor’s obligations under this Section apply whether or not there is concurrent negligence on County’s part, but to the extent required by law, excluding liability due to County’s conduct. County shall have the right to select its legal counsel at Contractor’s expense, subject to Contractor’s approval, which shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts.

Taser International 2016 (Rev.G) Page 3 of 31 6. Insurance. With respect to performance of work under this Agreement, Contractor shall maintain and shall require all of its subcontractors, Contractors, and other agents to maintain insurance as described in Exhibit C, which is attached hereto and incorporated herein by this reference.

7. Prosecution of Work. The execution of this Agreement shall constitute Contractor's authority to proceed immediately with the performance of this Agreement. Performance of the services hereunder shall be completed within the time required herein, provided, however, that if the performance is delayed by earthquake, flood, high water, or other Act of God or by strike, lockout, or similar labor disturbances, the time for Contractor's performance of this Agreement shall be extended by a number of days equal to the number of days Contractor has been delayed.

8. Extra or Changed Work. Extra or changed work or other changes to the Agreement may be authorized only by written amendment to this Agreement, signed by both parties. Minor changes, which do not increase the amount paid under the Agreement, and which do not significantly change the scope of work or significantly lengthen time schedules may be executed by the Sheriff-Coroner in a form approved by County Counsel. The Board of Supervisors/Purchasing Agent must authorize all other extra or changed work. The parties expressly recognize that, pursuant to Sonoma County Code Section 1-11, County personnel are without authorization to order extra or changed work or waive Agreement requirements. Failure of Contractor to secure such written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the Agreement price or Agreement time due to such unauthorized work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed without such express and prior written authorization of the County.

~~9. Representations of Contractor.~~

9.1 Standard of Care. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees that all its work will be performed and that its operations shall be conducted in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor's work by County shall not operate as a waiver or release.

9.2 Status of Contractor. The parties intend that Contractor, in performing the services specified herein, shall act as an independent contractor and shall control the work and the manner in which it is performed. Contractor is not to be considered an agent or employee of County and is not entitled to participate in any pension plan, worker’s compensation plan, insurance, bonus, or similar benefits County provides its employees. In the event County exercises its right to terminate this Agreement pursuant to Article 4, above, Contractor expressly agrees that it shall have no recourse or right of appeal under rules, regulations, ordinances, or laws applicable to employees.

9.3 No Suspension or Debarment. Contractor warrants that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in covered transactions by any federal department or agency. Contractor also

Taser International 2016 (Rev.G) Page 4 of 31 warrants that it is not suspended or debarred from receiving federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the General Services Administration. If the Contractor becomes debarred, Contractor has the obligation to inform the County.

9.4 Taxes. Contractor agrees to file federal and state tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Contractor agrees to indemnify and hold County harmless from any liability which it may incur to the United States or to the State of California as a consequence of Contractor's failure to pay, when due, all such taxes and obligations. In case County is audited for compliance regarding any withholding or other applicable taxes, Contractor agrees to furnish County with proof of payment of taxes on these earnings.

9.5 Records Maintenance. Contractor shall keep and maintain full and complete documentation and accounting records concerning all services performed that are compensable under this Agreement and shall make such documents and records available to County for inspection at any reasonable time. Contractor shall maintain such records for a period of four (4) years following completion of work hereunder.

9.6 Conflict of Interest. Contractor covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Agreement no person having any such interests shall be employed. In addition, if requested to do so by County, Contractor 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 County disclosing Contractor's or such other person's financial interests.

9.7 Statutory Compliance/Living Wage Ordinance. Contractor agrees to comply with, and to ensure compliance with from its subcontractors, all applicable federal, state and local laws, regulations, statutes and policies – including but not limited to the County of Sonoma Living Wage Ordinance – applicable to the services provided under this Agreement as they exist now and as they are changed, amended or modified during the term of this Agreement. Without limiting the generality of the foregoing, Contractor expressly acknowledges and agrees that this Agreement is subject to the provisions of Article XXVI of Chapter 2 of the Sonoma County Code, requiring payment of a living wage to covered employees. Noncompliance during the term of the Agreement will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.

9.8 Nondiscrimination. Without limiting any other provision hereunder, Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, pregnancy, disability, sexual orientation or other prohibited basis, including without limitation, the County’s Non-Discrimination Policy. All

~~Taser International 2016 (Rev.G) Page 5 of 31 nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated herein by this reference.~~

9.9 AIDS Discrimination. Contractor agrees to comply with the provisions of Chapter 19, Article II, of the Sonoma County Code prohibiting discrimination in housing, employment, and services because of AIDS or HIV infection during the term of this Agreement and any extensions of the term.

9.10 Assignment of Rights. Contractor assigns to County all rights throughout the world in perpetuity in the nature of copyright, trademark, patent, right to ideas, in and to all versions of the plans and specifications, if any, now or later prepared by Contractor exclusively in connection with this Agreement. Contractor agrees to take such actions as are necessary to protect the rights assigned to County in this Agreement, and to refrain from taking any action which would impair those rights. Contractor's responsibilities under this provision include, but are not limited to, placing proper notice of copyright on all versions of the plans and specifications as County may direct, and refraining from disclosing any versions of the plans and specifications to any third party without first obtaining written permission of County. Contractor shall not use or permit another to use the plans and specifications that are prepared exclusively for this project in connection with this or any other project without first obtaining written permission of County.

9.11 Ownership and Disclosure of Work Product. All data or documents (“documents”), in whatever form or format, generated by the County in connection with its use of Contractor’s interview equipment and evidence management system, in connection with this Agreement, solely for the use of the County, shall be the property of County. County shall be entitled to immediate possession of such documents upon completion of the work pursuant to this Agreement. Upon expiration or termination of this Agreement, Contractor shall promptly deliver to County all such documents, which have not already been provided to County in such form or format, as County deems appropriate. Such documents shall be and will remain the property of County without restriction or limitation.

Title, ownership rights, and intellectual property rights in and to the Contractor’s software product shall remain with the Contractor. Contractor grants the County a non-exclusive software license to use the software product, described in Exhibit D (“Master Services and Purchasing Agreement”), Appendix (“Evidence.com Terms of Use”). In the event of a conflict between the body of this Agreement and Exhibit D, the provisions in the body of this Agreement shall control.

~~9.12 Authority. The undersigned hereby represents and warrants that he or she has authority to execute and deliver this Agreement on behalf of Contractor.~~

10. Demand for Assurance. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until such assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received. "Commercially reasonable" includes not only the conduct of a party with respect to performance

Taser International 2016 (Rev.G) Page 6 of 31 under this Agreement, but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding thirty (30) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. Nothing in this Article limits County’s right to terminate this Agreement pursuant to Article 4.

11. Assignment and Delegation. Neither party hereto shall assign, delegate, sublet, or transfer any interest in or duty under this Agreement without the prior written consent of the other, and no such transfer shall be of any force or effect whatsoever unless and until the other party shall have so consented.

12. Method and Place of Giving Notice, Submitting Bills and Making Payments. All notices, bills, and payments shall be made in writing and shall be given by personal delivery or by U.S. Mail or courier service. Notices, bills, and payments shall be addressed as follows:

~~TO: COUNTY: Sonoma County Sheriff’s Office Sheriff Administration 2796 Ventura Ave. Santa Rosa, CA 95403 Tel: (707) 565-2781 [email protected]~~

~~TO: CONTRACTOR: TASER International, Inc. 17800 N. 85th St. Scottsdale, AZ 85255-9603 Tel: (800) 978-2737~~

When a notice, bill or payment is given by a generally recognized overnight courier service, the notice, bill or payment shall be deemed received on the next business day. When a copy of a notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed received upon transmission as long as (1) the original copy of the notice, bill or payment is promptly deposited in the U.S. mail and postmarked on the date of the facsimile or email (for a payment, on or before the due date), (2) the sender has a written confirmation of the facsimile transmission or email, and (3) the facsimile or email is transmitted before 5:00 PM (recipient’s time). In all other instances, notices, bills and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this paragraph.

~~13. Miscellaneous Provisions.~~

13.1 No Waiver of Breach. The waiver by County 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.

~~Taser International 2016 (Rev.G) Page 7 of 31~~

13.2 Construction. To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The parties covenant and agree that in the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. Contractor and County acknowledge that they have each contributed to the making of this Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one party in favor of the other. Contractor and County acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement.

~~13.3 Consent. Wherever in this Agreement the consent or approval of one party is required to an act of the other party, such consent or approval shall not be unreasonably withheld or delayed.~~

~~13.4 No Third 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.~~

13.5 Applicable Law and Forum. This Agreement shall be construed and interpreted according to the substantive law of California, regardless of the law of conflicts to the contrary in any jurisdiction. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in Santa Rosa or the forum nearest to the city of Santa Rosa, in the County of Sonoma.

~~13.6 Captions. The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its construction or interpretation.~~

13.7 Merger. This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.

~~13.8. Survival of Terms. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.~~

~~13.9 Time of Essence. Time is and shall be of the essence of this Agreement and every provision hereof.~~

13.10 Force Majeure. Neither party is liable for delays or lack of performance resulting from any causes beyond the reasonable control of a party including acts of God or the public enemy, war, riot, civil commotion, insurrection, fires, explosions or floods, strikes, slowdowns or work stoppages any of which event(s) directly impact the Contractor’s operations in the County.

~~Taser International 2016 (Rev.G) Page 8 of 31~~

13.11 Entire Agreement. This Agreement and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. County agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a County purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties.

14. Limited Warranty. Warranty repairs of interview room equipment shall be effected by Contractor as specified in Exhibit D (“Master Services and Purchasing Agreement”), Section 7.1 (“Hardware Limited Warranty”). In the event of a conflict between the body of this Agreement and Exhibit D, the provisions in the body of this Agreement shall control.

~~Taser International 2016 (Rev.G) Page 9 of 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.~~

~~TASER INTERNATIONAL, INC. COUNTY OF SONOMA~~

~~By: ______By: ______Josh Isner Sheriff-Coroner Executive Vice President, Global Sales~~

~~Date: ______Date: ______~~

~~APPROVED AS TO FORM FOR COUNTY~~

~~By: ______Deputy County Counsel~~

~~Date: ______~~

~~CERTIFICATES OF INSURANCE ON FILE WITH SHERIFF'S OFFICE~~

~~By: ______Department Analyst~~

~~Date: ______~~

~~Taser International 2016 (Rev.G) Page 10 of 31 Exhibit A~~

~~Scope of Work~~

Contractor will provide and install interview room equipment according to the Site Overview and System Configuration documents in this Exhibit A. Installation, testing, and training will be performed according to a schedule to be mutually agreed by both parties. Maintenance

~~Specifically, Contractor will be responsible for:~~

~~. Deploying the Axon Interview product through the installation of Axis IP cameras, Louroe microphones, touch panels and redundant recorders in three interview rooms.~~

~~. Mounting touch panels in front of each of the three interview rooms. These touch panels will communicate with the redundant recorders throughout the network.~~

~~. Ensuring the following:~~

o Cameras are plugged into a POE switch to receive power and communicate with the recording software o Microphones are plugged into and receive power through the cameras o Recorded interviews can be started and stopped from the touch panel o Upon completion of an interview, the recorded interview is uploaded to Evidence.com o Users with proper rights/privileges are able to retrieve and review the video files and add any additional meta-data from Evidence.com o Redundant recorders have enough storage for 72 hours in case of internet/Evidence.com connectivity issues to allow interviews to still be conducted. When internet/Evidence.com connectivity issues are resolved, interviews are uploaded to Evidence.com.

~~. Upon County’s purchase of Amped FIVE, Contract will provide software maintenance support to County for five years. Maintenance costs are reflected in the fees described in Exhibit B.~~

~~Taser International 2016 (Rev.G) Page 11 of 31~~

~~Taser International 2016 (Rev.G) Page 12 of 31~~

~~Taser International 2016 (Rev.G) Page 13 of 31~~

~~Taser International 2016 (Rev.G) Page 14 of 31~~

~~Taser International 2016 (Rev.G) Page 15 of 31~~

~~Taser International 2016 (Rev.G) Page 16 of 31 Exhibit B Rates~~

~~The following rates shall apply for the term of this Agreement:~~

~~Summary~~

~~Year 1 FY 16-17 $39,543.67 Year 2 FY 17-18 $5,975.10 Year 3 FY 18-19 $5,975.10 Year 4 FY 19-20 $4,647.60 Year 5 FY 20-21 $4,647.60~~

~~Subtotal $60,789.07 Shipping $194.71~~

~~Total $60,983.78~~

~~Detail~~

Year 1 (FY 16-17) Total without Quantity Description Unit Price discount Discount Net Total 3 Installation, setup $2,500.00 $7,500.00 $750.00 $6,750.00 $6,750.00 3 IP DOME camera $897.10 $2,691.30 $269.13 $2,422.17 2 Recording server $2,723.19 $5,446.38 $544.64 $4,901.74 1 HP switch $652.17 $652.17 $65.22 $586.95 3 Touch panels $2,434.78 $7,304.34 $730.44 $6,573.90 3 Microphones $182.61 $547.83 $54.78 $493.05 $14,977.81 2 Axon streaming server license $1,750.00 $3,500.00 $350.00 $3,150.00 3 Evidence.com for interview rooms $1,188.00 $3,564.00 $356.40 $3,207.60 3 Axon touch panel software $1,500.00 $4,500.00 $450.00 $4,050.00 1 Axon Detect $5,500.00 $5,500.00 $550.00 $4,950.00 $15,357.60

~~Subtotal $37,085.41 Tax $2,458.26 Year 1 Total $39,543.67~~

Taser International 2016 (Rev.G) Page 17 of 31 Year 2 (FY 17-18) Total without Quantity Description Unit Price discount Discount Net Total 3 Evidence.com for interview rooms $1,188.00 $3,564.00 $356.40 $3,207.60 2 Axon streaming server license $350.00 $700.00 $70.00 $630.00 3 Axon touch panel software $300.00 $900.00 $90.00 $810.00 1 Axon Detect Support & Maintenance $1,475.00 $1,475.00 $147.50 $1,327.50 $5,975.10 Year 3 (FY 18-19) Total without Quantity Description Unit Price discount Discount Net Total 3 Evidence.com for interview rooms $1,188.00 $3,564.00 $356.40 $3,207.60 2 Axon streaming server license $350.00 $700.00 $70.00 $630.00 3 Axon touch panel software $300.00 $900.00 $90.00 $810.00 1 Axon Detect Support & Maintenance $1,475.00 $1,475.00 $147.50 $1,327.50 $5,975.10 Year 4 (FY 19-20) Total without Quantity Description Unit Price discount Discount Net Total 3 Evidence.com for interview rooms $1,188.00 $3,564.00 $356.40 $3,207.60 2 Axon streaming server license $350.00 $700.00 $70.00 $630.00 3 Axon touch panel software $300.00 $900.00 $90.00 $810.00 1 Axon Detect Support & Maintenance $1,475.00 $1,475.00 $1,475.00 $0.00 $4,647.60 Year 5 (FY 20-21) Total without Quantity Description Unit Price discount Discount Net Total 3 Evidence.com for interview rooms $1,188.00 $3,564.00 $356.40 $3,207.60 2 Axon streaming server license $350.00 $700.00 $70.00 $630.00 3 Axon touch panel software $300.00 $900.00 $90.00 $810.00 1 Axon Detect Support & Maintenance $1,475.00 $1,475.00 $1,475.00 $0.00 $4,647.60

~~Expenses not expressly authorized by the Agreement shall not be reimbursed.~~

Total payments made to Contractor under this Agreement shall not exceed seventy-five thousand dollars ($75,000.00) without the prior written approval of County. Payments shall be made only upon the satisfactory completion of the services as determined by County.

~~Taser International 2016 (Rev.G) Page 18 of 31 Exhibit C Insurance Requirements Template #6~~

With respect to performance of work under this Agreement, Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain insurance as described below unless such insurance has been expressly waived by the attachment of a Waiver of Insurance Requirements. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

County reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

1. Workers Compensation and Employers Liability Insurance a. Required if Contractor has employees as defined by the Labor Code of the State of California. b. Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California. c. Employers Liability with minimum limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy. d. Required Evidence of Insurance: Certificate of Insurance.

If Contractor currently has no employees as defined by the Labor Code of the State of California, Contractor agrees to obtain the above-specified Workers Compensation and Employers Liability insurance should employees be engaged during the term of this Agreement or any extensions of the term.

2. General Liability Insurance a. Commercial General Liability Insurance on a standard occurrence form, no less broad than Insurance Services Office (ISO) form CG 00 01. b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If Contractor maintains higher limits than the specified minimum limits, County requires and shall be entitled to coverage for the higher limits maintained by Contractor. c. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. Contractor is responsible for any deductible or self-insured retention and shall fund it upon County’s written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving the County. d. County of Sonoma, its Officers, Agents and Employees, Attn: Sonoma County Sheriff’s Office, 2796 Ventura Avenue, Santa Rosa, California 95403 shall be additional insureds for liability arising out of operations by or on behalf of the Contractor in the performance

Taser International 2016 (Rev.G) Page 19 of 31 of this Agreement. e. The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them. f. The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and the products-completed operations hazard (broad form contractual liability coverage including the “f” definition of insured contract in ISO form CG 00 01, or equivalent). g. The policy shall cover inter-insured suits between the additional insureds and Contractor and include a “separation of insureds” or “severability” clause which treats each insured separately. h. Required Evidence of Insurance: i. Copy of the additional insured endorsement or policy language granting additional insured status; and ii. Certificate of Insurance.

3. Automobile Liability Insurance a. Minimum Limits: $300,000 Combined Single Limit per Accident; or Bodily Injury: $100,000 per person / $300,000 per accident and Property Damage: $50,000 per accident. b. Required Evidence of Insurance: i. Copy of Auto Policy Declarations Page; or ii. Certificate of Insurance

4. Technology Errors and Omissions Insurance a. Minimum Limit: $1,000,000 per claim or per occurrence. $1,000,000 annual aggregate. b. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. c. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. d. Coverage applicable to the work performed under this Agreement shall be continued for two (2) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement. e. Required Evidence of Insurance: Certificate of Insurance.

~~5. Standards for Insurance Companies Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.~~

6. Documentation a. The Certificate of Insurance must include the following reference: Interview Room Equipment and Digital Evidence Management System and Services. b. All required Evidence of Insurance shall be submitted prior to the execution of this Agreement. Contractor agrees to maintain current Evidence of Insurance on file with

Taser International 2016 (Rev.G) Page 20 of 31 County for the entire term of this Agreement and any additional periods if specified in Sections 1 – 4 above. c. The name and address for Additional Insured endorsements and Certificates of Insurance is: County of Sonoma, its Officers, Agents and Employees, Attn: Sonoma County Sheriff’s Office, 2796 Ventura Avenue, Santa Rosa, California 95403. d. Required Evidence of Insurance shall be submitted for any renewal or replacement of a policy that already exists, at least ten (10) days before expiration or other termination of the existing policy. e. Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased. f. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days.

~~7. Policy Obligations Contractor's indemnity and other obligations shall not be limited by the foregoing insurance requirements.~~

8. Material Breach If Contractor fails to maintain insurance which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. County, at its sole option, may terminate this Agreement and obtain damages from Contractor resulting from said breach. Alternatively, County may purchase the required insurance, and without further notice to Contractor, County may deduct from sums due to Contractor any premium costs advanced by County for such insurance. These remedies shall be in addition to any other remedies available to County.

~~Taser International 2016 (Rev.G) Page 21 of 31 Exhibit D~~

~~This Exhibit D is an exhibit of the AGREEMENT FOR INTERVIEW ROOM EQUIPMENT AND DIGITAL EVIDENCE MANAGEMENT SYSTEM (Agreement) by and between County and Contractor.~~

This Exhibit D sets forth additional terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in the Agreement, which is hereby incorporated by reference. It is the intent of the Parties that in the event of a conflict between the Agreement and this Exhibit D, the provisions in the main body of the Agreement shall control. In consideration of this Exhibit D the Parties agree as follows:

~~1 Definitions. “Business Day” means Monday through Friday, excluding holidays.~~

“Confidential Information” means all nonpublic information disclosed to County by TASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is specifically designated as confidential.

“Documentation” means the (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under the Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under the Agreement.

“Evidence.com Service” means TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile App, other software, maintenance, storage, and product or service provided by us under the Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services.

~~“Installation Site” means the location(s) where the Products are to be installed.~~

“Policies” means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Exhibit D. Policies do not include whitepapers or other marketing materials.

~~“Products” means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Exhibit D.~~

“Quote” is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced in this Exhibit D or issued and accepted after the Effective Date of the Agreement will be subject to the terms of the Agreement. Any terms and conditions contained within the County’s purchase order in response to the Quote will be null and void and

Taser International 2016 (Rev.G) Page 22 of 31 shall have no force or effect. TASER is not responsible for pricing, typographical, or other errors in any offer by TASER and TASER reserves the right to cancel any orders resulting from such errors. TASER reserves the right to adjust prices or Products unless otherwise specified in the Quote.

“Resolution Time” means the elapsed time between TASER’s acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the County or by third parties outside of TASER’s reasonable control.

~~“Services” means all services provided by TASER pursuant to the Agreement.~~

“County Content” means software, data, text, audio, video, images or other County content or any of the County’s end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the County account or otherwise transfer, process, use or store in connection with the County account.

2 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding.

3 Shipping; Title; Risk of Loss; Rejection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the County upon delivery to the common carrier by TASER. The County is responsible for all freight charges. Shipping dates are estimates only. The County may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product.

~~4 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law.~~

~~5 Warranties.~~

5.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. TASER-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer’s warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER’s sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER’s option. For Axon Interview Room Products, the following warranties apply:

~~Hardware Warranty Period~~

Taser International 2016 (Rev.G) Page 23 of 31 Axis Products 3 years POS-X Touch Panel 3 years Industrial Computer Servers 2 years Louroe Products 1 year Cisco Switch 1 year HP Switch 1 year Broadberry 3 years

~~5.2 Warranty Limitations.~~

5.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product’s use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced.

5.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Exhibit D.

5.2.3 TASER’s cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory.

5.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its sole discretion to be defective under normal use, as defined in the Product instructions. TASER’s sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER’s option.

5.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER’s websites www.taser.com/support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide.

~~5.3.2 Before delivering product for warranty service, it is the County’s responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data~~

Taser International 2016 (Rev.G) Page 24 of 31 and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services.

5.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser’s property and the replaced item becomes TASER’s property.

~~6 Product Warnings. See our website at www.TASER.com for the most current product warnings.~~

7 Design Changes. TASER reserves the right to make changes in the design of any of TASER’s products and services without incurring any obligation to notify the County or to make the same change to products and services previously purchased.

~~8 IP Rights. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER.~~

9 IP Indemnification. TASER will defend, indemnify, and hold the County Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim alleging that use of TASER Products or Services as permitted under the Agreement infringes or misappropriates the intellectual property rights of a third party. The County must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim.

TASER has no liability to the County or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the County or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (c) the use of Evidence.com Services other than as permitted under the Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by TASER as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the County that are otherwise provided in or arise out of the Agreement.

10 County Responsibilities. The County is responsible for (i) use of TASER Products (including any activities under the County Evidence.com account and use by County employees and agents), (ii) breach of this Exhibit D or violation of applicable law by the County or any of the County’s end users, (iii) County Content or the combination of County Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by County Content or by the use of County Content, (iv) a dispute between the County and any third party over County use of TASER products or the collection or use of County Content, (v) any hardware or networks that the County connects to the

~~Taser International 2016 (Rev.G) Page 25 of 31 Evidence.com Services, and (vi) any security settings the County establishes to interact with or on the Evidence.com Services.~~

~~11 Termination.~~

11.1 Effect of Termination. Upon any termination of the Agreement: (a) all County rights under the Agreement immediately terminate; (b) the County remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and County Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on County Owns County Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms.

11.2 After Termination. TASER will not delete any County Content as a result of a termination during a period of 90 days following termination. During this 90-day period the County may retrieve County Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90-day period other than the ability to retrieve County Content). The County will not incur any additional fees if County Content is downloaded from Evidence.com during this 90-day period. TASER has no obligation to maintain or provide any County Content after this 90-day period and will thereafter, unless legally prohibited, delete all of County Content stored in the Evidence.com Services. Upon request, TASER will provide written proof that all County Content has been successfully deleted and fully removed from the Evidence.com Services.

11.3 Post-Termination Assistance. TASER will provide County with the same post-termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring County Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system.

~~12 General.~~

12.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party’s Confidential Information. Except as required by applicable law, including but not limited to the California Public Records Act, neither Party will disclose either Party’s Confidential Information during the Term or at any time during the 5- year period following the end of the Term. All TASER Pricing is considered confidential and competition sensitive.

12.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond TASER’s reasonable control TASER has the right to delay or terminate the delivery with reasonable notice.

~~12.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond the~~

Taser International 2016 (Rev.G) Page 26 of 31 Parties’ reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

12.4 Proprietary Information. The County agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the County will not directly or indirectly cause any proprietary rights which have been specifically identified to County in writing to be violated.

12.5 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” will have the same rights and restrictions generally applicable to the Evidence.com Services. If the County is using the Evidence.com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, the County will immediately discontinue use of the Evidence.com Services. The terms “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

~~12.6 Import and Export Compliance. In connection with Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations.~~

~~Evidence.com Terms of Use Appendix~~

1 Access Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account the County will have access and use of the Evidence.com Services for the storage and management of County Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If County becomes aware of any violation of this Exhibit D by an end user, the County will immediately terminate that end user’s access to County Content and the Evidence.com Services.

2 County Owns County Content. The County controls and owns all right, title, and interest in and to County Content and TASER obtains no rights to the County Content and the County Content are not business records of TASER. The County is solely responsible for the uploading, sharing, withdrawal, management and deletion of County Content. TASER will have limited access to County Content solely for the purpose of providing and supporting the Evidence.com Services to the County and County end users. The County represents that the County owns County

Taser International 2016 (Rev.G) Page 27 of 31 Content; and that none of County Content or County end users’ use of County Content or the Evidence.com Services will violate this Exhibit D or applicable laws.

3 Evidence.com Data Security. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure County Content against accidental or unlawful loss, access or disclosure. TASER will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The County is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to County Content. Log-in credentials are for County internal use only and County may not sell, transfer, or sublicense them to any other entity or person. The County agrees to be responsible for all activities undertaken by the County, County employees, County contractors or agents, and County end users which result in unauthorized access to the County account or County Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the County at any time. The County shall contact TASER immediately if an unauthorized third party may be using the County account or County Content or if account information is lost or stolen.

3.2. FBI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Exhibit D.

4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The County is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services.

5 Data Privacy. TASER will not disclose County Content or any information about the County except as compelled by a court or administrative body or required by any law or regulation. TASER will give notice if any disclosure request is received for County Content so the County may file an objection with the court or administrative body. The County agrees to allow TASER access to certain information from the County in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; or (c) perform analytic and diagnostic evaluations of the systems.

6 Data Storage. TASER will determine the locations of the data centers in which County Content will be stored and accessible by County end users. For United States customers, TASER will ensure that all County Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer County Content to third parties for the purpose of storage of County Content. Third party subcontractors responsible for storage of County Content are contracted by TASER for data

Taser International 2016 (Rev.G) Page 28 of 31 storage services. Ownership of County Content remains with the County. For use of an Unlimited Evidence.com License unlimited data may be stored in the County's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the County can store and share using the Services.

7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER’s assistance in the downloading or exporting of County Content.

8 Suspension of Evidence.com Services. TASER may suspend County access or any end user’s right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following:

~~8.1. The Termination provisions of the Agreement apply;~~

8.2. The County or an end user’s use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject TASER, TASER’s affiliates, or any third party to liability, or (iv) may be fraudulent;

8.3. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the County remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. TASER will not delete any of County Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Exhibit D.

9 Software Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services.

10 License Restrictions. Neither the County nor any County end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in the Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in the Agreement; (f) use trade secret information specifically identified and contained in the Evidence.com Services, except as expressly permitted in the Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services

Taser International 2016 (Rev.G) Page 29 of 31 in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Exhibit D are conditional on continued compliance with the Agreement, and will immediately and automatically terminate if the County does not comply with any term or condition of the Agreement. The County may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com).

~~AXON Forensic Suite Software Appendix~~

Use of any of the Axon Forensic Suite Software including Axon Convert, Axon Five and Axon Detect (Software) indicates agreement to the terms below. The Software, all executable instructions, images, icons, sound, and text incorporated in the Software, is owned by Amped Software SRL. (Amped) and is protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed in this Exhibit D, all rights are reserved to Amped.

1. License Grant. TASER grants a non-exclusive, royalty-free, worldwide right and license to use the Software, where “use” and “using” in this Exhibit D mean storing, loading, installing, or executing the Software exclusively for data communication with an Amped or a TASER product. This Software may be used in a networked environment on computers other than the computer on which the Software is installed provided that each execution of the Software is for data communication with an Amped or a TASER product. Copies and adaptations of the Software may be made for archival purposes and when copying or adaptation is an essential step in the authorized use of the Software provided that the County retains all copyright, trademark, and proprietary notices in the original Software on all copies or adaptations. The County may copy the written materials accompanying the Software.

2. Definitions. "Amped Software" means the computer software programs available developed by Amped and the name of the applications are Amped Five Professional, Amped Five First Responder, Amped DVRCONV, and AMPED AUTHENTICATE. "Amped Copyrights" means Amped’s copyrights in and to Amped Five.

3. License Restrictions. The County may not use the Software in any manner or for any purpose other than as expressly permitted by the Agreement. The County may not: (a) modify, alter, tamper with, repair, or otherwise create derivative works of the Software; (b) reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code of the Software, or allow any others to do the same; (c) access or use the Software in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) copy the Software in whole or part, except as expressly permitted in the Agreement; (e) use trade secret information

Taser International 2016 (Rev.G) Page 30 of 31 contained in the Software, except as expressly permitted in the Agreement; (f) resell, rent, loan or sublicense the Software; (g) access the Software in order to build a competitive product or service or copy any features, functions or graphics of the Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Amped or TASER licensors on or within the Software or any copies of the Software. All licenses granted to the County in the Agreement are conditional on continued compliance the Agreement,County. During the term of use of the Software and after, the County will not assert, nor authorize, assist, or encourage any third party to assert, against TASER or any TASER affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the Software.

4. Support. The County acknowledges that TASER offers no guarantee of support or maintenance for Amped FIVE until purchased. Once purchased, TASER will offer support of Amped Five for one year at [email protected]. On or before the one year anniversary of purchase, the County may purchase additional years of support at current pricing. Should no support package be purchased, ongoing support and updates are discontinued by Amped for product, even though the County license remains valid for perpetual use.

5. Remedies. THE COUNTY’S EXCLUSIVE REMEDY IS, AT TASER’S SOLE OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY THE COUNTY FOR THE SOFTWARE.

6. Termination. The Agreement will continue for the duration of Amped’s copyright in the Software, unless earlier terminated as provided in the Agreement. TASER may terminate the license immediately without notice for failure to comply with any of the terms set forth in the Agreement. Upon termination, the County must immediately destroy the Software, together with all copies, adaptations and merged portions thereof in any form. Obligations to pay accrued charges or fees will survive the termination of the Agreement.

Export Controls (U.S. and Canada Only). EXPORT OF THIS SOFTWARE IS PROHIBITED. SOFTWARE MAY NOT BE EXPORTED WITHOUT THE PRIOR EXPRESSED WRITTEN APPROVAL OF TASER. UNAUTHORIZED EXPORT OF SOFTWARE IS PROHIBITED BY TASER AND CONSIDERED A VIOLATION OF EXHIBIT D.

~~Taser International 2016 (Rev.G) Page 31 of 31 Agenda Item Number: 14 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor Shirlee Zane, (707) 565-2241 Third District Title: Appointment Recommended Actions: Approve appointment of Regina Romona De La Cruz to Agricultural Preservation and Open Space District Fiscal Oversight Commission, representing the Third District, for a term of two years, beginning September 27, 2016 and ending September 27, 2018. (Third District) Executive Summary: Approve appointment of Regina Romona De La Cruz to Agricultural Preservation and Open Space District Fiscal Oversight Commission, representing the Third District, for a term of two years, beginning September 27, 2016 and ending September 27, 2018. (Third District) Prior Board Actions:

~~Strategic Plan Alignment Goal 4: Civic Services and Engagement~~

Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $

~~Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required):~~

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments:~~

~~Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 Agenda Item Number: 15 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor Gore (707) 565-2241 Fourth District Title: Appointment Recommended Actions: Appoint Robert Cobb to the Mental Health Board for a three year term; Fourth District Supervisor Appointee Executive Summary:

~~Prior Board Actions:~~

~~Strategic Plan Alignment Goal 4: Civic Services and Engagement~~

~~Revision No. 20151201-1 Narrative Explanation of Fiscal Impacts (If Required):~~

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments:~~

~~Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 Agenda Item Number: 16 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Directors Sonoma County Agricultural Preservation and Open Space District Board of Supervisors, County of Sonoma Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Agricultural Preservation and Open Space District Staff Name and Phone Number: Supervisorial District(s): William J. Keene, General Manager – 565-7348 All Title: Bay Day October 1, 2016 Recommended Actions: Adopt a resolution proclaiming October 1, 2016, as Bay Day, and the first Saturday of October in future years to be Bay Day in Sonoma County. Executive Summary: Bay Day is a newly dedicated annual celebration spearheaded by the regional non-profit organization, Save The Bay, to designate October 1, 2016, and the first Saturday in October going forward, as an official day every year when the nine Bay Area counties come together to celebrate San Francisco Bay. Community organizations, local businesses, and municipalities will host celebrations, lead special programs, or offer special discounts for the public. According to the non-profit, Bay Day will be like Earth Day – for San Francisco Bay.

San Francisco Bay is the most important estuary on the west coast. It is a thriving ecosystem for hundreds of threatened and endangered species, habitat for migratory birds on the Pacific Flyway, and a nursery and spawning grounds for salmon and other fish. It supports our local economy by creating jobs in shipping, tourism, fishing, recreation, and education. Further, the Bay’s shoreline provides access to parks, open space, recreation, and more than 310 miles of Bay Trail.

Sonoma County plays host to 5 miles of existing Bay Trail and 7.6 miles of total San Francisco Bay shoreline. The District’s Dickson Ranch easement, transferred in May of this year to the U. S. Fish and Wildlife Service, is located on the edge of the Bay, south of Highway 37. The property’s diverse wetlands ecosystem, which supports a diverse array of plants and wildlife, can now be seen from a two mile section of the Bay Trail.

On June 7, 2016, two-thirds of the voters in the nine Bay Area counties, including 63.2 percent of Sonoma County voters, approved Measure AA – a “Clean and Healthy Bay” parcel tax that will protect the Bay for future generations by reducing trash, pollution and harmful toxins, improving water quality,

~~Revision No. 20151201-1 restoring habitat for fish, birds and wildlife, protecting communities from floods, and increasing shoreline public access.~~

The District, along with Sonoma County residents, has a strong connection to San Francisco Bay and feels it is important to join the growing list of cities and counties in support of Bay Day. To date, the following cities and counties have issued proclamations, or are in the process of doing so, to make Bay Day official: Belvedere, Benicia, Brisbane, Burlingame, Oakland, Foster City, Lafayette, Marin, Martinez, Napa, Newark, Redwood City, San Francisco, San Jose, San Leandro, San Mateo, and San Pablo. In observance of Bay Day, dozens of free activities are already planned, including but not limited to: • Adapting to Sea Level Rise in the Bay – Roger Leventhal and Sonoma Land Trust • Sears Point Tidal Marsh Docent-Led Walk – Sonoma Land Trust • Wetland Restoration – Save the Bay • Walking tour around the Bay Model • Free tours and admission at Marine Mammal Center • North Richmond Shoreline Open Space Alliance Festival • Family Nature Fun at Crab Code – East Bay Regional Park District • Healthy Parks, Healthy People Walk – Martin Luther King Regional Shoreline; • Wisdom of the Watershed Docent-Led Hike – Picchetti Ranch Open Space Preserve • Climate Change and the Bay Hike – Ravenswood Open Space Preserve

By taking one day each year to celebrate this amazing natural resource – the San Francisco Bay – we underscore the importance of and our commitment to protecting natural, scenic, and working open space lands, and other natural treasures, in Sonoma County.

About Save The Bay Founded in 1961, Save The Bay is a regional organization that works to protect, restore and celebrate San Francisco Bay. Since its inception, Save The Bay has led efforts to pass legislation and promote public participation in programs to protect the San Francisco Bay, including:

• Establishment of the Bay Conservation and Development Commission (McAteer-Petris Act), the first coastal protection agency in the United States; • The Suisun March Preservation Act, the state’s first wetlands protection law; • Several measures to protect the Bay-Delta Estuary; • Launched a community-based restoration program to restore wetlands around the Bay; Providing assistance in the passage of several measures, projects, and campaigns to restore, improve, and maintain a healthier San Francisco Bay.

~~Prior Board Actions: None~~

~~Revision No. 20151201-1 Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship~~

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments: Resolution Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

~~Resolution of the Board of Supervisors and of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District proclaiming October 1, 2016 as Bay Day~~

Whereas, the San Francisco Bay is central to the quality of life of all residents of the County of Sonoma and the Bay Area and sustains a wide range of recreational and commercial activities that are critical to the local economy;

Whereas, the health of San Francisco Bay and therefore of the Bay Area is threatened by pollution and climate change, and restoring Bay wetlands and reducing pollution in the Bay provides multiple benefits for all Bay Area residents and local wildlife; and

Whereas, the San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Program, approved by a two-thirds of voters casting votes on Measure AA in the nine affected Bay Area counties at the June 7, 2016 Statewide Primary, will protect San Francisco Bay for future generations by reducing trash, pollution and harmful toxins, improving water quality, restoring habitat for fish, birds and wildlife, protecting communities from floods, and increasing shoreline public access; and,

Whereas, the people of the Bay Area should celebrate San Francisco Bay together as a region on at least one Bay Day each year to inspire appreciation, conversation, education, and action for the Bay, in order to highlight the work of Save The Bay and other environmental organizations and individuals to improve the health of San Francisco Bay over the past fifty years;

Now, Therefore, Be It Resolved that the Board of Supervisors of the County of Sonoma and the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District on this 27th day of September 2016, do hereby proclaim October 1, 2016, and the first Saturday of October in future years to be “Bay Day” in the County of Sonoma and commends all Bay Day organizers for their efforts to inspire the entire Bay Area to celebrate, protect and restore San Francisco Bay.

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~Agenda Item Number: 17 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Sonoma County Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): County Clerk-Recorder-Assessor Staff Name and Phone Number: Supervisorial District(s): William F. Rousseau, 707-565-1877 All Title: Gold Resolution Recognizing September 27, 2016, as National Voter Registration Day. Recommended Actions: Adopt Gold Resolution recognizing September 27, 2016, as National Voter Registration Day. Executive Summary: National Voter Registration Day is September 27, 2016. On September 27, 2016, volunteers, celebrities, and organizations from all over the country will “hit the streets” for National Voter Registration Day. This single day of coordinated field, technology and media efforts will create pervasive awareness of voter registration opportunities – allowing us to reach tens of thousands of voters who we could not reach otherwise. Prior Board Actions: 09/22/15: Board adopted a Gold Resolution recognizing September 22, 2015, as National Voter Registration Day. (Resolution 15-0384) Strategic Plan Alignment Goal 4: Civic Services and Engagement The goal of recognizing National Voter Registration Day, which was previously declared in September 2015, is to encourage all eligible Californians to register to vote and thus increase voter participation in the democratic process.

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments: Gold Resolution Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

~~Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Recognizing September 27, 2016, as National Voter Registration Day.~~

Whereas, California’s Secretary of State, the State’s chief election official, is committed to strengthening democracy by encouraging voter registration and increasing participation in all elections; and

~~Whereas, the County of Sonoma actively supports this objective; and~~

Whereas, civic-minded people and organizations have collaborated to establish September 27, 2016, as National Voter Registration Day, with the goal of creating awareness of off-year local elections and motivating Americans to vote in the coming months; and

Whereas, it is easier than ever for Californians to apply to vote at any time, anywhere, with the online registration application created by the California Secretary of State, and residents of Sonoma County can also link to the application on many County web sites; and

~~Whereas, many people are unaware that they must reregister to vote when they have a change of name, a change of address, or wish to change their political party preference; and~~

Whereas, the strength of our democracy depends on the willingness of its citizens to participate by choosing the people who will lead them and by voicing their opinions on matters that come before the voters on Election Day,

~~Resolution # Date: Page 2~~

Now, Therefore, Be It Resolved that the Sonoma County Board of Supervisors does hereby recognize September 27, 2016, as National Voter Registration Day, and encourages all eligible residents of Sonoma County to register to vote.

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~Agenda Item Number: 18 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Board of Supervisors Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): Board of Supervisors Staff Name and Phone Number: Supervisorial District(s): Supervisor James Gore 565-2241 Fourth District Title: Gold Resolution Recommended Actions: Approve Gold Resolution Resolution Honoring Kara Heckart for Ten Years of Service as the Executive Director for the Sonoma Resource Conservation District

~~Executive Summary:~~

~~Prior Board Actions:~~

~~Strategic Plan Alignment~~

~~Revision No. 20140617-1 Narrative Explanation of Fiscal Impacts (If Required):~~

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required):~~

~~Attachments: None Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20140617-1 County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Honoring Kara Heckart for Ten Years of Service as the Executive Director for the Sonoma Resource Conservation District

~~Whereas, In September 2006, Kara Heckartbecame Executive Director of the Sotoyome Resource Conservation District; and~~

Whereas, Under her leadership, the Sotoyome RCD responded to emerging resource issues such as declining instream habitat for endangered fish and depleted instream flows, and continued its core function of landowner technical assistance, all while maintaining and building the RCD’s relationships with a broad spectrum of partners including natural resource and land management agencies, environmental and community groups, neighboring RCDs, and landowners; and

~~Whereas, In September 2011, while maintaining her role with the Sotoyome RCD, Kara began serving as Interim Executive Director for the Southern Sonoma County RCD; and~~

Whereas, Under her leadership, the Southern Sonoma County RCD resolved financial and administrative issues in order to continue and build the RCD’s work on pressing natural resource issues such as flooding, water quality, and groundwater management; and

~~Whereas, In July 2013, the Sotoyome and Southern Sonoma County RCDs reorganized to form the Sonoma Resource Conservation District, serving 85% of Sonoma County; and~~

Whereas, The Sonoma RCD, under Kara’s leadership, has continued to serve landowners throughout its large geographic area, delivering tangible results on the ground including soil conservation, water quality improvement, fish habitat enhancement, water conservation, and riparian improvement; and

Whereas, Kara has worked with the Sonoma RCD team and neighboring RCDs to launch the LandSmart® program, in order to provide consistent, high-quality services to promote productive lands and thriving streams throughout the region. Under this program, the RCD has built upon its existing programing to respond to emerging natural resource issues such as climate change and soil health; and

~~Resolution # Date: Page 2~~

Whereas, Diligently working to solidify the Sonoma RCD’s financial sustainability, Kara has secured critical funding from diverse sources to continue and expand the District’s level of service to the community; and

Whereas, Fiercely believing in the role and value of Resource Conservation Districts, Kara has worked tirelessly to raise the visibility of the Sonoma RCD’s mission and accomplishments, and to improve the capacity and profile of RCDs statewide; and

Whereas, In her ten years of service, Kara’s dedication to the landowners and watersheds of the District, along with her commitment to collaboration and inclusion, has shone through in her efforts on behalf of the RCD.

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Sonoma County does hereby congratulate Kara Heckart for 10 years of Dedicated and Exemplary Public Service as Executive Director to the Sonoma Resource Conservation District and the people of Sonoma County.

~~Supervisors:~~

~~Rabbitt: Zane: Gore: Carrillo: Gorin:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~Agenda Item Number: 19 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

Clerk of the Board 575 Administration Drive Santa Rosa, CA 95403 To: Sonoma County Board of Supervisors, Sonoma County Water Agency Board of Directors and the Sonoma County Public Financing Authority Board Members Board Agenda Date: September 27, 2016 Vote Requirement: Majority Department or Agency Name(s): General Services, Auditor-Controller/Treasurer-Tax Collector, Sonoma County Water Agency, and Sonoma County Public Financing Authority Staff Name and Phone Number: Supervisorial District(s): Jane Elias: 707-565-6483 All Title: Sonoma County Energy Independence Program Bonding Authorization, Interest Rate Determination and Program Update Recommended Actions:

1. Acting as the Board of Directors of the Sonoma County Public Finance Authority: Adopt resolutions and approve agreements with the County authorizing continued issuance and sale of revenue bonds, to fund the Sonoma County Energy Independence Program; and

2. Acting as the County Board of Supervisors: Adopt resolutions authorizing the Treasurer to invest in bonds issued by the Public Finance Authority and authorizing execution of various related agreements with the Public Finance Agency, including a bond purchase agreement and a loan agreement; and

3. Acting as the Directors of the Sonoma County Water Agency: Adopt resolutions withdrawing funds from the County Treasury Pool, and authorizing the withdrawn funds to be invested in Sonoma County Energy Independence Program bonds as a long-term Water Agency investment; and

4. Adopt resolutions and approve agreements with the County authorizing continued issuance and sale of revenue bonds, determination of the interest rate and loan of funds to the County, to fund the Sonoma County Energy Independence Program; and

~~5. Accept the Sonoma County Energy Independence Program (“SCEIP”) annual update.~~

~~Revision No. 20151201-1 Executive Summary: Purpose:~~

On March 25, 2009, the Board of Supervisors established the Sonoma County Energy Independence Program (“Program”), which is financed through the issuance of bonds by the Public Financing Authority. In September 2011, the authority to issue bonds for the Program was changed from quarterly authorization to semi-annual authorization.

In this summary, we are requesting authorization to issue bonds and enter into related financing agreements to continue the Sonoma County Energy Independence Program over the next six months and re-establish the interest rate for outstanding bonds which under the existing agreements is reset every year.

~~Bond Authorization and Related Documents~~

In March 2016, the Board authorized bonds to be issued by the Public Financing Authority, that were subsequently purchased (invested) by the Treasury on behalf of the Treasury Pool ($45 million) or the Sonoma County Water Agency ($15 million) for the purposes of the Sonoma County Energy Independence Program. This authorization expires on September 30th, 2016. Since the bonds carry a final maturity in excess of 5 years, Government Code section 53601 requires that your Board approve and authorize the Treasurer to make these dedicated investments. The $60 million limit reflects the prior total bond funding commitment from the Treasury and the Water Agency collectively.

Staff is requesting approval of the resolution (the “Resolution of Issuance”) authorizing the Public Financing Authority to issue, on a monthly basis, new bonds for the months of October 2016 through March 2017, and approval of a resolution authorizing the Treasurer to invest in the new bonds on behalf of the Treasury Pool or the Water Agency. Approval of this resolution is required to allow Sonoma County Energy Independence Program to continue to finance energy and water improvements for Sonoma County property owners. Resolution of Issuance allows the flexibility to issue specific 10 and 20 year non-residential contracts as separate bonds. This is important in that in provides flexibility to the County when and if it desires to sell the bonds on the open market as some investors may only be interested in bonds linked to commercial projects.

~~Interest Rate Determination~~

The bond documents provide an initial interest rate of three (3) percent to be paid on the bonds and require the interest rate to be re-examined every year, after which the interest rate is reset either by agreement or based upon the rate of interest earned by the Treasury Pool. Staff recommends that the interest rate remain at three (3) percent based on current interest rates for similar investments.

~~Program Update~~

The Program continues to accept financing applications on a weekly basis. Nearly 79% of the SCEIP financing applications received are allowed to move forward for contract execution. To date, SCEIP has financed a total of $74.8 million in energy and water retrofits. New activity of funded projects through this last fiscal year resulted in $4 million of new assessments placed while the available financing to

~~Revision No. 20151201-1 utilize towards new projects has steadily grown to $20.4 M. This is due mainly to the amount of early payoff activity that occurred over this last year.~~

~~Participating Contractors:~~

We have over 150 participating contractors working with SCEIP and over 89% of the projects funded are completed by local contractors. Through outreach and feedback from the participating contractor community, staff created an improved pre-qualification process for customers and collateral materials for the contractors to better educate their clients about the financing. With the completion of the new materials, staff have been conducting follow-up outreach and providing training to the contractors, sales staff and installers.

~~Community Outreach:~~

Since our last Board update in March 2016, Staff has participated in over 35 events throughout the County. SCEIP strives to increase consumer awareness about options that are available when considering energy and water improvements. Events include: Sonoma County Home Show, Sonoma County Fair, Farmer’s Markets, Home Energy Workshops, Chamber Events, Cinco de Mayo Celebrations, Earth Day Festivals and other local venues.

Staff has attached a SCEIP At-A-Glance program update to provide your Board with additional updates and recent developments regarding SCEIP and PACE financing. Prior Board Actions: This is the regular semi-annual bonding and investment action. Most recent actions include: 3/8/16 – Sonoma County Energy Independence Program bond authorization and investment. 9/15/15 – Sonoma County Energy Independence Program bond authorization and investment and interest rate determination. 3/17/15 – Sonoma County Energy Independence Program bond authorization and investment. 9/23/14 – Sonoma County Energy Independence Program bond authorization and investment and interest rate determination. 3/25/14 – Sonoma County Energy Independence Program bond authorization and investment. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship The Sonoma County Energy Independence Program provides Property Assessed Clean Energy (PACE) financing to property owners for energy efficiency, water conservation, and renewable energy generation improvements to their properties. These improvements result in reduced energy use, reduced greenhouse gas emissions, increased utility bill savings, increased employment for building contractors and suppliers, and facilitates all County, City and State efforts to meet their aggressive climate action plan goals.

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

Narrative Explanation of Staffing Impacts (If Required): No staff impacts Attachments: Attachment 1: Resolution authorizing the Public Financing Authority to issue and sell Sonoma County Energy Independence Program contractual assessment revenue bonds

~~Attachment 2: County Resolution Authorizing the Treasury to Invest in Sonoma County Energy Independence Program contractual assessment revenue bonds~~

~~Attachment 3: County Resolution consenting to Water Agency investment in Sonoma County Energy Independence Program contractual assessment revenue bonds~~

~~Attachment 4: Water Agency Resolution Authorizing the Water Agency Funds to Invest in Sonoma County Energy Independence Program contractual assessment revenue bonds~~

~~Attachment 5: County Resolution Approving Loan Agreements~~

~~Revision No. 20151201-1 Attachment 6: Authority Resolution Determining Interest Rates~~

~~Attachment 7: County Resolution Determining Interest Rates~~

~~Attachment 8: SCEIP Update At-a-glance~~

Related Items “On File” with the Clerk of the Board: Bond Purchase Agreement between the Treasury and Public Financing Authority to purchase Sonoma County Energy Independence Program contractual assessment revenue bonds (agreement#1-SAMPLE as to form)

~~Loan Agreement between the County and the Public Financing Authority (agreement#2-SAMPLE as to form)~~

~~Revision No. 20151201-1 County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Governing Board Of The Sonoma County Public Financing Authority, Providing For The Issuance And Sale Of Contractual Assessment Revenue Bonds, Approving As To Form And Authorizing The Execution And Delivery Of Loan Agreements And Bond Purchase Agreements In Connection Therewith, And Authorizing Certain Other Matters Relating Thereto RECITALS:

A. The Board of Supervisors (“County Board”) of the County of Sonoma, California (the “County”) by its Resolution No. 09-0184 (the “Resolution of Intention”) declared its intention to establish the Sonoma County Energy Independence Program (the “SCEIP”) to finance the acquisition and construction or installation of distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements (the “Improvements”), on or in properties in the County through contractual assessments pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code, commencing with Section 5898.10, (“Chapter 29”) and ordered the preparation and filing of a report (the “Report”) with the County Board and provided that bonds may be issued under the Resolution of Intention pursuant to the provisions of Chapter 29 or, in cooperation with the Sonoma County Public Financing Authority (the “Authority”), pursuant to the provisions of Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, as it may be amended from time to time.

~~B. Following notice duly given in accordance with law, the County Board held a public hearing regarding the SCEIP as described in the Report.~~

C. Following the public hearing, pursuant to its Resolution No. 09-0271, the County Board established the SCEIP and confirmed contractual assessments to be levied against properties in the County within the parameters of the Report.

D. Pursuant to the SCEIP, the County may enter into contractual assessment agreements (each, an “Assessment Contract”) with property owners whereby the County will extend financing to such property owners for the construction and/or installation of Improvements on or in the owners’ properties. Resolution # Date: Page 2

E. Pursuant to the Assessment Contracts, the property owners who are parties to such agreements will agree to repay the amounts disbursed to the owners under the Assessment Contracts, plus Capitalized Interest (defined herein), if applicable, through the levy of assessments by the County against the property owners’ properties pursuant to Section 5898.30 of Chapter 29 (each, an “Assessment”).

F. The Governing Board of the Authority (the “Authority Board”) pursuant to its Resolution 09-0359 (the “Initial Resolution of Issuance”) previously issued contractual assessment revenue bonds under and pursuant to the JPA Act for the purpose of providing funds to make separate loans (a separate loan with respect to each series of bonds) (the “Loans”) to the County to make disbursements pursuant to the Assessment Contracts to property owners for the cost of Improvements.

G. The Initial Resolution of Issuance anticipated that the need may arise in the future, for the purpose of providing financing for the SCEIP, for the Authority Board to adopt additional resolutions providing for the issuance and sale of additional series of contractual assessment revenue bonds (each, an “Additional Series of Bonds”) under and pursuant to the JPA Act and approving as to form and authorizing the execution and delivery of loan agreements and bond purchase agreements in connection therewith (each, an “Additional Resolution of Issuance”).

H. Upon expiration of the authority to issue bonds pursuant to the Initial Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 09-0689 (the “Second Resolution of Issuance”), upon expiration of the authority to issue bonds pursuant to the Second Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 09-1024 (the “Third Resolution of Issuance”), upon expiration of the authority to issue bonds pursuant to the Third Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 10-0324 (the “Fourth Resolution of Issuance”), upon expiration of the authority to issue bonds pursuant to the Fourth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 10-0612 (the “Fifth Resolution of Issuance”), upon expiration of the authority to issue bonds pursuant to the Fifth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 11-0135 (the “Sixth Resolution of Issuance”), upon expiration of the authority to issue bonds pursuant to the Sixth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 11-0506 (the “Seventh Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Seventh Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 12-0144 (the “Eighth Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Eighth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 13-0117 (the “Ninth Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Ninth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No. 13-0380 (the “Tenth Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Tenth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No 14-0109 (the “Eleventh Resolution of Issuance”) , and upon expiration of the authority to issue bonds pursuant to the Eleventh Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No 14-0383 (the Resolution # Date: Page 3

“Twelfth Resolution of Issuance”) , and upon expiration of the authority to issue bonds pursuant to the Twelfth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No 15-0094 (the “Thirteenth Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Thirteenth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No 15-0373 (the “Fourteenth Resolution of Issuance”), and upon expiration of the authority to issue bonds pursuant to the Fourteenth Resolution of Issuance, the Authority Board adopted an Additional Resolution of Issuance, Resolution No 16-0068 (the “Fifteenth Resolution of Issuance”) pursuant to which Resolutions of Issuance the Authority Board issued Additional Series of Bonds under and pursuant to the JPA Act for the purpose of providing funds to make separate Loans to the County to make disbursements pursuant to the Assessment Contracts to property owners for the cost of Improvements.

J. The authority to issue bonds pursuant to the Fifteenth Resolution of Issuance expires on September 30, 2016, and upon such expiration the Authority Board desires to issue several Additional Series of Bonds (as determined in accordance with Sections 2.3 and 11.1 of this Resolution) (the “Bonds”), pursuant to and secured by this Resolution in the manner provided herein.

K. The issuance of the Bonds to provide funding for and in accordance with the SCEIP will provide significant public benefits to the citizens of the County in the form of more efficient delivery of the SCEIP to residential and commercial development within the County.

L. As required by Section 9 of the Initial Resolution of Issuance, this Additional Resolution of Issuance and related agreements are substantially in the form of the Initial Resolution of Issuance and the agreements approved thereby.

M. In order to effectuate the sale of the Bonds, the Authority Board desires to approve the form of, and authorize the execution and delivery of, one or more loan agreements (each, a “Loan Agreement” and collectively, the “Loan Agreements”) and one or more bond purchase agreements (each individually, and collectively, as the context may require, the “Purchase Agreement”), the forms of which are on file with the Secretary of the Authority.

~~NOW THEREFORE, THE GOVERNING BOARD OF THE SONOMA COUNTY PUBLIC FINANCING AUTHORITY, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:~~

~~SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION; AUTHORIZATION AND PURPOSE OF BONDS; EQUAL SECURITY.~~

Section 1.1. Definitions. Unless the context otherwise requires, the following terms shall, for all purposes of this Resolution and of any Supplemental Resolution and of the Bonds, and of any certificate, opinion or other document herein mentioned, have the following meanings:

“Alternate Purchaser” means an original purchaser of a Series of Bonds, which is authorized as an original purchaser by an Alternate Purchaser Resolution of the Authority, and which is Resolution # Date: Page 4

~~not the Treasurer of the County of Sonoma, for and on behalf of the County Pool, or, for and on behalf of the Sonoma County Water Agency.~~

“Alternate Purchaser Resolution” means a resolution of the Authority authorizing an Alternate Purchaser to purchase a Series of Bonds, specifying the original aggregate principal amount of such Series of Bonds and approving the form of the Purchase Agreement for such Series of Bonds.

“Assessment Contracts” means, as to each Loan, the agreements by and between the County and property owners identified on the “Assessment Contract Schedule” attached as “Exhibit A” to the governing Loan Agreement, whereby the County agrees to provide financing to such property owners for the installation and/or construction of Improvements to the owners’ properties.

“Assessment Installments” means, as to each Loan, the installments of principal, interest and premium, if any, to be paid on the unpaid Assessments by the owners of real property as provided by the applicable Assessment Contracts. The term “Assessment Installments” does not include the “Annual Administrative Assessment” paid by property owners pursuant to the Assessment Contracts.

“Assessment Revenues” means, as to each Loan, the revenues received by the County in each Fiscal Year from the collection of the annual Assessment Installments, including any interest and penalties thereon and the proceeds of the exercise of any of the remedies for delinquent payments available under the applicable Loan Agreement or under Chapter 29; except to the extent and so long as the Assessments are included in the County’s Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds (Teeter Plan), pursuant to Sections 4701 through 4717 of the California Revenue and Taxation Code, “Assessment Revenues” shall include only amounts attributable to the principal of Assessments and the interest thereon received by the County in each Fiscal Year from the collection of the annual Assessment Installments, and shall not include any penalties on Assessments, nor any statutory interest accruing on Assessments upon delinquency, nor the proceeds of the exercise of any of the remedies for delinquent payments available under the applicable Loan Agreement or under Chapter 29.

“Assessments” means, as to each Loan, the unpaid assessments levied by the County pursuant to Chapter 29 under the proceedings taken pursuant to the Resolution of Intention, constituting a first lien and charge upon real properties in the County as provided by the applicable Assessment Contracts.

~~“Available Term” means the available repayment terms of 5 years, 10 years, or 20 years with respect to Assessment Contracts securing any Loan, or any of them (as the context may require).~~

~~“Authority” means the Sonoma County Public Financing Authority, California.~~

~~“Authority Board” means the Governing Board of the Authority.~~

~~“Authority Treasurer” means the Treasurer of the Authority. Resolution # Date: Page 5~~

~~“Authorized Investment” means any obligation in which the Authority may lawfully invest its funds.~~

“Authorized Principal Amount” means an aggregate principal amount not to exceed $60,000,000, less an amount equal to the original aggregate principal amount of any bonds issued pursuant to the Initial Resolution of Issuance, the Second Resolution of Issuance, the Third Resolution of Issuance, the Fourth Resolution of Issuance, the Fifth Resolution of Issuance, the Sixth Resolution of Issuance, the Seventh Resolution of Issuance, the Eighth Resolution of Issuance, the Ninth Resolution of Issuance, the Tenth Resolution of Issuance, Eleventh Resolution of Issuance, Twelfth Resolution of Issuance, Thirteenth Resolution of Issuance, and Fourteenth Resolution of Issuance which have not been refunded.

“Authorized Representative of the Authority” means any Member of the Authority Board, provided such Member of the Authority Board is authorized to act on behalf of the Authority under the Authority’s joint exercise of powers agreement, and the Authority Treasurer, and any other person designated by such officers and authorized to act on behalf of the Authority pursuant to this Resolution or any Supplemental Resolution.

~~“Bond Date” means the dated date of the Bonds, which shall be the Closing Date.~~

~~“Bonds” means the contractual assessment revenue bonds authorized by and at any time Outstanding pursuant to the provisions of this Resolution and as designated pursuant to Section 2.3 hereof.~~

“Business Day” means any day other than (i) a Saturday or a Sunday, (ii) a day on which banking institutions in the State or the Federal Reserve System are authorized or obligated by law or executive order to be closed, or (iii) a day on which the County offices are closed.

~~“Capitalized Interest” means funded interest on the Bonds through September 1, 2017.~~

~~“Chapter 29” means Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code, commencing with Section 5898.10.~~

~~“Closing Date” means the date of delivery of the Bonds to or upon the order of the Purchaser.~~

~~“County” means the County of Sonoma, California.~~

~~“County Board” means the Board of Supervisors of the County.~~

~~“County Pool” means the Sonoma County Treasury Pooled Investment Fund.~~

~~“Debt Service Fund” means the Bonds Debt Service Fund created and established pursuant to Section 4.2 hereof. Resolution # Date: Page 6~~

~~“Energy Independence Fund” means the fund by that name created and established pursuant to Resolution No. 09-0358 of the County Board, adopted on April 21, 2009.~~

~~“Escrow Fund” means the fund by that name created and established pursuant to Section 4.8 hereof.~~

~~“Event of Default” means any of the events described in Section 10.1 of this Resolution of Issuance.~~

“Federal Securities” means those securities described in Sections 1360 and 1360.1 of the California Financial Code and includes United States Treasury notes, bonds, bills or certificates of indebtedness, or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of small business administration loans so long as the loans are obligations for which the faith and credit of the United States are pledged for the payment of principal and interest.

“Fiscal Agent” means (i) the Authority Treasurer or (ii) any bank, trust company, national banking association or other financial institution appointed as fiscal agent for the Bonds in the manner provided in this Resolution. Pursuant to Section 6.1 of this Resolution, the initial Fiscal Agent shall be the Authority Treasurer.

“Fiscal Year” means any twelve-month period extending from July 1st in one calendar year to June 30th of the succeeding calendar year, both dates inclusive, or any other twelve-month period selected and designated by the Authority as its official fiscal year period.

“Improvements” means the qualifying distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements, acquired and constructed or installed on or in properties in the County pursuant to the Assessment Contracts.

“Independent Public Accountant” means any certified public accountant or firm of certified public accountants appointed and paid by the Authority, the County, or the County Pool who, or each of whom (i) is in fact independent and not under domination of the Authority, the County, or the County Pool; (ii) does not have any substantial interest, direct or indirect, in the Authority, the County, or the County Pool; and (iii) is not connected with the Authority, the County, or the County Pool as an officer or employee of the Authority, the County, or the County Pool but who may be regularly retained to make annual or other audits of the books of, or reports to, the Authority, the County, or the County Pool.

“Interest Payment Date” means, with respect to any Bond, March 2 and September 2 in each year, beginning on September 2, 2017, and continuing thereafter so long as any Bonds of that Series remain Outstanding; provided, however, that, if any such day is not a Business Day, interest up to the Interest Payment Date will be paid on the Business Day next succeeding such date. Resolution # Date: Page 7

“Interest Rate Period” means, with respect to any Bond, a two-year period commencing on September 2 and ending on the second September 1 following such September 2, except that (i) the first Interest Rate Period shall begin on the Bond Date and end on the last subsequently occurring September 1 which is not more than 23 months after the Bond Date, and (ii) the last Interest Rate Period may be a period of duration of two years or less so that such Interest Rate Period terminates on the Maturity Date or Redemption Date of such Bond.

“JPA Act” means Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended, including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act.

~~“Loan” means, collectively, or if the context requires, the applicable Loan made pursuant to the respective Loan Agreement.~~

“Loan Agreement” means, collectively or, if the context requires, the applicable Loan Agreement, by and between the Authority and the County, each dated as of Closing Date of the related Series of Bonds as set forth in the applicable Purchase Agreement.

~~“Loan Fund” means the fund by that name established and held by the Fiscal Agent pursuant to Section 4.1 of this Resolution.~~

~~“Maturity Date” means the date specified in any Bond on which the principal of such Bond becomes due and payable.~~

~~“Non-Refunding Bonds” means any or all (as the context may require) Series of Bonds that do not refund a Series of Bonds issued on an earlier Bond Date.~~

“Outstanding”, when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 12.6) all Bonds theretofore executed, issued and delivered by the Authority under this Resolution except (i) Bonds theretofore cancelled by the Authority Treasurer or surrendered to the Authority Treasurer for cancellation, (ii) Bonds paid and discharged pursuant to the terms of Section 7, and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered pursuant to this Resolution.

~~“Owner” when used with respect to any Bond, means the person in whose name the ownership of such Bond is registered on the Registration Books maintained by the Fiscal Agent.~~

~~“Principal Payment Date” means, with respect to any Series of Bonds, the applicable September 2 Maturity Date.~~

~~“Prior Bonds” means any or all (as the context may require) Series of Bonds that are being refunded by a Series of Bonds issued on a later Bond Date.~~

~~“Prior Loan” means, with respect to any Series of Prior Bonds, the Loan made pursuant to the Prior Loan Agreement. Resolution # Date: Page 8~~

~~“Prior Loan Agreement” means, with respect to any Series of Prior Bonds, the Loan Agreement related to such Series of Prior Bonds.~~

~~“Program Expense Fund” means the fund by that name established in the Energy Independence Fund pursuant to Resolution No. 09-0358 of the County Board, adopted on April 21, 2009.~~

~~“Purchase Agreement” means collectively or, if the context requires, the applicable Bond Purchase Agreement authorized pursuant to Section 12.7(d) of this Resolution.~~

~~“Purchaser” means (i) the Treasurer of the County of Sonoma, for and on behalf of the County Pool, or, for and on behalf of the Sonoma County Water Agency or (ii) an Alternate Purchaser.~~

~~“Refunding Bonds” means any or all (as the context may require) Series of Bonds that refund a Series of Bonds issued on an earlier Bond Date.~~

“Record Date” means, with respect to any Interest Payment Date, the fifteenth day of the calendar month immediately preceding the applicable Interest Payment Date, whether or not such day is a Business Day.

~~“Redemption Date” means, with respect to any Bonds, the date on which such Bonds have been called to be redeemed pursuant to Section 3.1 or 3.2 of this Resolution prior to their Maturity Date.~~

~~“Redemption Notice” has the meaning provided in Section 3.4 hereof.~~

~~“Registration Books” means the records maintained by the Fiscal Agent pursuant to Section 2.10 hereof for the registration and transfer of ownership of the Bonds.~~

~~“Resolution” means this Resolution and includes subsequent amendments hereof and any Supplemental Resolution.~~

~~“Resolution of Intention” means Resolution No. 09-0184 of the County Board, adopted on March 3, 2009.~~

“Revenues” means as to each Series of Bonds, (a) all amounts paid by the County to the Authority or the Fiscal Agent pursuant to the applicable Loan Agreement other than administrative fees and expenses and indemnity against claims payable to the Authority and the Fiscal Agent, (b) all moneys deposited and held from time to time by the Fiscal Agent in the corresponding account of the Debt Service Fund established hereunder with respect to the Bonds, and (c) investment income with respect to any moneys held by the Fiscal Agent in the corresponding account of the Debt Service Fund established hereunder with respect to the Bonds. Resolution # Date: Page 9

“SCEIP” means the Sonoma County Energy Independence Program, established pursuant to Resolution No. 09-0271 of the County Board, adopted on March 25, 2009 under Chapter 29, as modified from time to time.

~~“Series” means each series of Bonds issued and designated pursuant to and in accordance with Section 2.3 and Section 12.7(d) hereof.~~

~~“State” means the State of California.~~

~~“Supplemental Resolution” means any resolution adopted by the Authority Board amendatory of or supplemental to this Resolution.~~

Section 1.2. Rules of Construction. All references in this Resolution to “Sections,” and other subdivisions, unless indicated otherwise, are to the corresponding Sections or subdivisions of this Resolution; and the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Resolution as a whole and not to any particular Section or subdivision hereof.

Section 1.3. Authorization and Purpose of Bonds. The Authority Board has reviewed all proceedings heretofore taken relative to the authorization of the Bonds and has found, as a result of such review, and hereby finds and determines that all things, conditions and acts required by law to exist, happen and be performed precedent to and in the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Authority is now authorized, pursuant to each and every requirement of law, to issue the Bonds in the manner and form as in this Resolution provided. The Authority Board hereby authorizes the issuance of the Bonds pursuant to the JPA Act and this Resolution for the purpose of providing funds (i) to make the Loans to the County to make disbursements pursuant to the Assessment Contracts to or on behalf of property owners for the cost of Improvements and to make repayments to a revolving fund from which the County disbursed funds to property owners pursuant to Assessment Contracts, and (ii) to fund Capitalized Interest.

Section 1.4. Equal Security. In consideration of the acceptance of the Bonds by the Owners thereof, this Resolution shall be deemed to be and shall constitute a contract between the Authority and the Owners of the Bonds; and the covenants and agreements herein set forth to be performed on behalf of the Authority shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. Resolution # Date: Page 10

~~SECTION 2. THE BONDS.~~

~~Section 2.1. Equality of Bonds, Pledge.~~

(a) As to each Series of Bonds issued hereunder, the Authority hereby pledges, in trust for the protection and security of the Owners, all of its right, title and interest in the Revenues for the payment of principal of, premium (if any), and interest on such Series. Pursuant to the JPA Act and this Resolution, all Bonds of a Series shall be and are equally secured by a pledge of and lien upon the Revenues.

(b) The Bonds and interest thereon are not payable from the general funds of the Authority or the County. Neither the credit of the County or the Authority nor the taxing power of the County is pledged for the payment of the Bonds or the interest thereon, and no Owner of the Bonds may compel the exercise of any taxing power by the County or force the forfeiture of any of its property. The principal of, and premium (if any) and interest on the Bonds are not a debt of the County nor a legal or equitable pledge, charge, lien or encumbrance upon any of the property of the Authority or the County, or upon any of their income, receipts or revenues, other than the Revenues.

Section 2.2. Collection of Assessments. The Assessment Installments shall be payable as provided in the Assessment Contracts and shall be payable in the same manner and at the same time and in the same installments as general taxes on real property are payable, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do general taxes on real property. Nothing in this Resolution or in any Supplemental Resolution shall preclude the redemption prior to maturity of any Bonds or the payment of the Bonds from proceeds of refunding bonds issued under any law of the State.

Section 2.3. Issuance of Bonds. (a) The issuance of the Bonds is hereby authorized as provided in this Resolution in accordance with the provisions of the Resolution of Intention and the JPA Act and the proceedings conducted thereunder. The aggregate initial principal amount of such Bonds shall not exceed the sum of: (i) the Authorized Principal Amount for any Bonds originally purchased by a Purchaser other than an Alternate Purchaser and (ii) the maximum aggregate initial principal amount specified in the applicable Alternate Purchaser Resolution for any Bonds purchased by an Alternate Purchaser.

~~(b) The Bonds may be issued in Series, with the exact principal amount of each Series of Bonds to be determined by the Authority Treasurer in accordance with Section 12.7(d) of this Resolution.~~

(c) Each Series of Bonds shall bear a series designation comprised of the calendar year of issuance, a letter designated alphabetically by date of issuance within a calendar year, a number correlating to the repayment period of the Assessment Contracts identified in the Loan Agreement relating to such Series and the parenthetical phrase “Non-Residential” for any Series relating solely to Assessment Contracts for properties that are not used for single-family residential purposes. In the event that on any date of issuance, there is more than one Series of Bonds with the same repayment Resolution # Date: Page 11

period, with at least one such Series of Bonds to be purchased by the Treasurer of Sonoma County for and on behalf of the Sonoma County Water Agency or an Alternate Purchaser, then the designation of such Series of Bonds to be purchased by the Treasurer of Sonoma County for and on behalf of the County Pool shall include “P-” before the calendar year, the designation of such Series of Bonds to be purchased by the Treasurer of Sonoma County for and on behalf of the Sonoma County Water Agency shall include “W-” before the calendar year, and the designation of such Series of Bonds to be purchased by an Alternate Purchaser shall include “A-” before the calendar year.

~~(d) If the Bonds are Refunding Bonds, their designation additionally shall indicate they are Refunding Bonds.~~

(e) The Bonds shall be issued only in fully registered form without coupons in the denomination of $5,000 or any integral multiple thereof, or in such other denomination or denominations as determined by the Authority Treasurer. The Bonds, the form of Fiscal Agent’s certificate of authentication, and the form of assignment to appear thereon, shall be substantially in the form set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Resolution. The Bonds shall be dated the applicable Closing Date determined in accordance with the respective Purchase Agreement, and shall mature and be payable on September 2 in the years and in the principal amounts specified in such Purchase Agreement. The interest rate for each Series of Bonds shall be:

~~(i) calculated on the basis of a 360-day year of twelve 30-day months;~~

(ii) (A) for the first Interest Rate Period with respect to such Bonds, at an initial rate of three percent (3%); and (B) for any succeeding Interest Rate Period, at a rate equal to one-half of one percent (0.50%) plus the net interest rate earned by the County Pool as of the most recent quarter ending immediately prior to commencement of such Interest Rate Period; or equal to such other interest rate as determined by the Authority, the County, and the Purchaser(s) of the applicable Series of Bonds prior to the commencement of the applicable Interest Rate Periods; and

~~(iii) in any event shall not exceed 12% per annum.~~

Section 2.4. Application of Proceeds of Sale of Bonds and Funds Received from the County. Upon the delivery of the Bonds to the purchasers thereof, the Fiscal Agent, on behalf of the Authority, shall receive the proceeds from the sale of the Bonds and shall deposit such proceeds as follows: (a) deposit in the applicable account of the Escrow Fund such amount (if any) as provided in Section 4.8, for the purpose of refunding and defeasing Prior Bonds in accordance therewith, (b) deposit in the applicable account of the Debt Service Fund an amount representing Capitalized Interest, as provided in Section 4.2, to be used to pay interest on the Bonds through September 1, 2017, (c) deposit in the Loan Fund (or the applicable account of the Loan Fund, if accounts therein have been created pursuant to Section 4.1) the amount specified in writing by the County for the purpose of making the Loans. The Fiscal Agent shall transfer the balance of the proceeds of the Bonds to the County for deposit in the Program Expense Fund. Resolution # Date: Page 12

Section 2.5. Medium and Payment. Principal of, and premium (if any) and interest on the Bonds shall be payable in lawful money of the United States of America. The principal of each Series of Bonds shall be payable on the respective Maturity Date set forth in the applicable Bonds and in conformance with the applicable Purchase Agreement. Interest with respect to each Bond shall accrue from the respective Bond Date. Interest on any Bond shall be payable from the Interest Payment Date next preceding the date of authentication of that Bond, unless one of the following applies: (i) if such date of authentication is an Interest Payment Date, then interest shall be payable from such date of authentication, (ii) except where clause (iii) is applicable, if the date of authentication is after a Record Date but prior to the immediately succeeding Interest Payment Date, then interest shall be payable from such Interest Payment Date, or (iii) if the date of authentication is prior to the close of business on the first Record Date or if the Bond Date occurs after the 15th day of the calendar month immediately before the first Interest Payment Date , then interest shall be payable from the Bond Date. Notwithstanding the foregoing, if at the time of authentication of such Bond, interest is in default, interest on that Bond shall be payable from the last Interest Payment Date to which the interest has been paid or made available for payment.

Principal of and interest on any Bond shall be paid by check of the Fiscal Agent mailed on or before the Interest Payment Date by first class mail, postage prepaid, to the person whose name appears in the Registration Books as the Owner of such Bond as of the close of business on the Record Date, to the address that appears on the Registration Books (or in such other manner as determined by a Purchaser if such Purchaser is the sole Owner as to a Series of Bonds), provided that the payment of principal of the Bonds on the final Maturity Date and the payment of the principal of the Bonds and any premium due upon the redemption thereof shall be payable upon presentation and surrender thereof at maturity or earlier redemption at the office of the Fiscal Agent. In addition, (i) upon a request in writing received by the Fiscal Agent on or before the applicable Record Date from an Owner of $1,000,000 or more in principal amount of the Bonds, or (ii) so long as the Purchaser is the sole Owner of any Series of Bonds and the Purchaser requests the Authority for payment by wire transfer, payment shall be made on the Interest Payment Date by wire transfer in immediately available funds to an account designated by such Owner. Further, so long as the Purchaser is the sole Owner of any Series of Bonds, payment may be made on the Interest Payment Date by any other method acceptable to the Owner.

Each Bond shall bear interest until its principal sum has been paid; provided, however, that if at the Maturity Date of any Bond, or if at the Redemption Date of any Bond which has been duly called for redemption as herein provided, funds are available for the payment or redemption thereof in full accordance with the terms of this Resolution, the Bond shall then cease to bear interest.

Section 2.6. Form of Bonds and Certificate of Authentication and Registration. The Bonds shall be sold to the Purchaser and shall be initially issued in the form of a fully registered bond or bonds registered in the name of the Purchaser. The form of the Bond, the form of the certificate of authentication and the form of registration thereon shall be substantially in the form attached hereto as Exhibit A and incorporated herein by this reference. The Bonds may be printed, lithographed or typewritten and may contain such reference to any of the provisions of this Resolution as may be appropriate. Resolution # Date: Page 13

Section 2.7. Execution and Authentication. The Bonds shall be executed by the manual or facsimile signature of the Chair of the Authority, or the Vice Chair of the Authority in the Chair’s absence, and attested by the manual or facsimile signature of the Secretary of the Authority. In case any one or more of the officers who shall have signed any of the Bonds shall cease to be such officer before the Bonds so signed have been authenticated and delivered by the Authority Treasurer (including new Bonds delivered pursuant to the provisions hereof with reference to the transfer and exchange of Bonds or to lost, stolen, destroyed or mutilated Bonds), such Bonds may, nevertheless, be authenticated and delivered as herein provided, and may be issued as if the persons who signed such Bonds had not ceased to hold such offices.

The Bonds shall bear thereon a certificate of authentication and registration, in the form set forth in Exhibit A hereto, executed by the manual signature of the Authority Treasurer or the Assistant Treasurer of the Authority. Only such Bonds as shall bear thereon such certificate of authentication and registration shall be entitled to any right or benefit under this Resolution, and no Bond shall be valid or obligatory for any purpose until such certificate of authentication and registration shall have been duly executed by the Authority Treasurer.

Section 2.8. Registration of Exchange or Transfer. The registration of any Bond may, in accordance with its terms, be transferred upon the Registration Books by the person in whose name it is registered, in person or by his or her duly authorized attorney, upon surrender of such Bond for cancellation at the office of the Fiscal Agent, accompanied by delivery of a written instrument of transfer in a form acceptable to the Fiscal Agent and duly executed by the Owner or his or her duly authorized attorney. Bonds may be exchanged at the office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations. The Authority and the Fiscal Agent will not charge for any new Bond issued upon any exchange, but may require the Owner requesting such transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. Whenever any Bond or Bonds shall be surrendered for registration of transfer or exchange, the Fiscal Agent shall authenticate and deliver a new Bond or Bonds; provided that the Fiscal Agent shall not be required to register transfers or make exchanges of (i) Bonds for a period of 15 days next preceding the date of any selection of Bonds to be redeemed, or (ii) any Bonds chosen for redemption.

Section 2.9. Mutilated, Lost, Destroyed or Stolen Bonds. If any Bond shall become mutilated, the Chair of the Authority, or Vice Chair of the Authority in the Chair’s absence, at the expense of the Owner of such Bond, shall execute, and the Authority Treasurer shall thereupon authenticate and deliver, a new Bond of like Series, tenor, maturity and aggregate principal amount in authorized denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be cancelled and destroyed. If any Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to the Fiscal Agent and indemnity satisfactory to the Fiscal Agent shall be given, the Chair of the Authority, or the Vice Chair of the Authority in the Chair’s absence, at the expense of the Owner, shall execute, the Authority Treasurer shall thereupon authenticate, and the Fiscal Agent Resolution # Date: Page 14

shall deliver, a new Bond of like Series and tenor in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for redemption, instead of issuing a substitute Bond the Fiscal Agent may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Fiscal Agent). The Fiscal Agent may require payment of a reasonable fee for each new Bond issued under this Section 2.9 and of the expenses which may be incurred by the Authority and the Fiscal Agent. Any Bond issued under the provisions of this Section 2.9 in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original contractual obligation on the part of the Authority whether or not the Bond alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be entitled to the benefits of this Resolution.

Section 2.10. Registration Books. The Fiscal Agent will keep or cause to be kept, at its principal office, sufficient books for the registration and transfer of the Bonds, and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as he or she may prescribe, register or transfer or cause to be registered or transferred, on the Registration Books, Bonds as herein provided.

The Authority and the Fiscal Agent may treat the Owner of any Bond whose name appears on the Registration Books as the absolute Owner of such Bond for any and all purposes, and the Authority and the Fiscal Agent shall not be affected by any notice to the contrary. The Authority and the Fiscal Agent may rely on the address of the Owner as it appears in the Registration Books for any and all purposes. It shall be the duty of each Owner to give written notice to the Authority and the Fiscal Agent of any change in such Owner’s address so that the Registration Books may be revised accordingly.

Section 2.11. Validity of the Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the completion of the Improvements or upon the performance by any person of such person’s obligation with respect to the Improvements.

Section 2.12. Refunding of Bonds. The Bonds may be refunded by the Authority at any time as permitted by and in accordance with this Resolution and applicable law including, but not limited to, the JPA Act.

Section 2.13. No Acceleration. The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section shall in any way prohibit the redemption of Bonds under Section 3 hereof, or the defeasance of the Bonds and discharge of all obligations of the Authority under this Resolution under Section 7 hereof.

~~SECTION 3. REDEMPTION OF BONDS.~~

Section 3.1. Mandatory Redemption. The Bonds shall be redeemed prior to maturity, in whole or in part, on any Interest Payment Date by lot within a Series from monies received from the sources, to the extent of and in the manner set forth in the fifth paragraph of Section 4.3 hereof, at a redemption price, expressed as a percentage of the principal amount of the Bonds to be redeemed, of 103 percent, together with accrued interest to the Redemption Date; provided, so long as the Purchaser is the sole Owner as to the Series of Bonds subject to redemption, the Purchaser may waive (pursuant to Resolution # Date: Page 15

Section 12.8 hereof) the right to receive all or a portion of the redemption premium pursuant to this Section 3.1, upon which waiver the redemption price shall be equal to the principal amount of the Bonds to be redeemed, plus such redemption premium (if any) specified by the Purchaser, expressed as a percentage of the principal amount of the Bonds to be redeemed and not to exceed three percent (3%), together with accrued interest to the Redemption Date.

Section 3.2. Optional Redemption. (a) The Bonds may be redeemed prior to maturity, in whole or in part, on the fifteenth (15th) calendar day of any month by lot within a Series from monies on deposit and available for such purpose in the applicable account of the Debt Service Fund from sources other than those referred to in Section 3.1, at the option of the Authority, at a redemption price, expressed as a percentage of the principal amount of the Bonds to be redeemed, of 103 percent, together with accrued interest to the Redemption Date; provided, so long as the Purchaser is the sole Owner as to the Series of Bonds subject to redemption, the Purchaser may waive (pursuant to Section 12.8 hereof) the right to receive all or a portion of the redemption premium pursuant to this Section 3.2(a), upon which waiver the redemption price shall be equal to the principal amount of the Bonds to be redeemed, plus such redemption premium (if any) specified by the Purchaser, expressed as a percentage of the principal amount of the Bonds to be redeemed and not to exceed three percent (3%), together with accrued interest to the Redemption Date.

(b) Any Series of Bonds may be redeemed prior to maturity, in whole, on any date by lot within a Series, from monies on deposit and available for such purpose in an account of the Escrow Fund, in accordance with Section 4.8, from the sale and issuance of Refunding Bonds under this Resolution or additional refunding bonds designated as “Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Refunding Bonds” pursuant to a subsequent resolution of the Authority Board, at the option of the Authority, at a redemption price equal to the principal amount of the Bonds to be redeemed, without premium, together with accrued interest to the Redemption Date; provided, the Redemption Date of any Series of Bonds redeemed pursuant to this Section 3.2(b) shall be the Closing Date of the Refunding Bonds providing the proceeds to redeem such Series of Bonds.

Section 3.3. Selection of Bonds for Redemption. If less than all of the Outstanding Bonds of any Series are to be redeemed pursuant to Section 3.1 or Section 3.2(a), the Authority Treasurer shall select the Bonds of such Series to be redeemed by lot in any manner that the Authority Treasurer deems fair.

Section 3.4. Notice of Redemption. In the event that Bonds are to be redeemed as provided in this Section 3, at least 30 days or other such shorter period upon the consent of the Owners of any Bonds designated for redemption, but not more than 60 days prior to any Redemption Date, a notice of redemption (the “Redemption Notice”) shall be sent by personal service, or registered or certified mail by the Fiscal Agent to the Owners of any Bonds designated for redemption and, if a single Purchaser is not the sole Owner as to a Series of Bonds subject to redemption, to such securities depositories and securities information services as shall be designated by the Authority Treasurer; provided, with respect to Bonds to be redeemed pursuant to Section 3.2(b), a Redemption Notice shall Resolution # Date: Page 16

be provided on the Redemption Date, if the Redemption Notice is not waived pursuant to Section 12.8 of this Resolution. Such Redemption Notice shall specify: (i) the Bonds or designated portions thereof which are to be redeemed, (ii) the date of redemption, (iii) the redemption price, (iv) the CUSIP numbers (if any) assigned to the Bonds to be redeemed, and (v) if less than all Bonds of a Series are to be redeemed, the Bond numbers of the Bonds to be redeemed, and shall require that such Bonds be surrendered at the office of the Fiscal Agent for redemption at the redemption price. Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Bond or portion thereof being redeemed the redemption price, together with interest accrued to the Redemption Date, and that from and after such Redemption Date interest thereon shall cease to accrue and be payable.

Neither failure to receive any Redemption Notice nor any defect in such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds or the cessation of the accrual of interest thereon. Each check or other transfer of funds issued by the Fiscal Agent for the purpose of redeeming Bonds shall bear to the extent specified the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer.

Section 3.5. Partial Redemption of Bonds. Upon surrender of any Bond to be redeemed in part only, the Fiscal Agent shall authenticate and deliver to the Owner a new Bond or Bonds of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered, with the same interest rate and the same maturity and of the same Series. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the Authority shall be released and discharged thereupon from all liability to the extent of such payment.

Section 3.6. Effect of Notice and Availability of Redemption Price. Notice of redemption having been duly given, as provided in Section 3.4, and the amount necessary for the redemption having been made available for that purpose and being available therefor on the date fixed for such redemption:

(1) The Bonds, or portions thereof, designated for redemption shall, on the date fixed for redemption, become due and payable at the redemption price thereof as provided in this Resolution, anything in this Resolution or in the Bonds to the contrary notwithstanding;

~~(2) Upon presentation and surrender thereof at the office of the Fiscal Agent, such Bonds shall be redeemed at the redemption price;~~

(3) From and after the Redemption Date, the Bonds or portions thereof so designated for redemption shall be deemed to be no longer Outstanding and such Bonds or portions thereof shall cease to accrue interest; and

(4) From and after the date fixed for redemption no Owner of any of the Bonds or portions thereof so designated for redemption shall be entitled to any of the benefits of this Resolution # Date: Page 17

~~Resolution, or to any other rights, except with respect to payment of the redemption price and interest accrued to the Redemption Date from the amounts so made available.~~

~~SECTION 4. FUNDS AND ACCOUNTS.~~

Section 4.1. Disposition of Bond Proceeds; Loan Fund. There is hereby established a special fund held by the Fiscal Agent called the “Loan Fund,” into which shall be deposited proceeds of sale of the Bonds pursuant to Section 2.4. The Loan Fund may be maintained, at the Fiscal Agent’s discretion, or if directed by the Authority shall be maintained, in the form of one or more separate accounts within such fund which are established for the purpose of holding the proceeds of separate Series of Bonds subject to separate Loan Agreements. Moneys in the Loan Fund or in any accounts therein shall be disbursed by the Fiscal Agent to or on behalf of the County in accordance with a written request of the County provided to the Fiscal Agent pursuant to the respective Loan Agreement.

Section 4.2. Establishment of Bonds Debt Service Fund and Accounts. For administering and controlling the Revenues, the Capitalized Interest, and any related monies, there is hereby created and established the Bonds Debt Service Fund (the “Debt Service Fund”), such special fund to be maintained by the Fiscal Agent in trust. The Fiscal Agent shall establish with respect to each Series of Bonds a separate account within the Debt Service Fund designated using the name of the applicable Series of Bonds.

Section 4.3. Debt Service Fund. The Fiscal Agent hereby agrees to maintain the Debt Service Fund and accounts therein until all payments of principal of and premium (if any) and interest on the Bonds have been made and all of the Bonds have been paid or redeemed. All Revenues received by the Authority or the Fiscal Agent from the County pursuant to a Loan Agreement shall be deposited and held in the corresponding account of the Debt Service Fund relating to the Series of Bonds to which such Revenues are pledged as security.

Proceeds of the Bonds deposited into the applicable account of the Debt Service Fund pursuant to Section 2.4 shall be used on September 2, 2017 to pay interest due on the applicable Series of Bonds through September 1, 2017. Any moneys remaining in the applicable account of the Debt Service Fund on September 3, 2017 shall be transferred to the Loan Fund (or separate accounts of the Loan Fund if established).

On each Interest Payment Date and each Principal Payment Date, the Fiscal Agent shall make payments of interest and principal, respectively, due and payable with respect to each Series of Bonds then Outstanding from monies in the corresponding accounts of the Debt Service Fund. If, on any Interest Payment Date or Principal Payment Date, there are insufficient funds in an account of the Debt Service Fund to make the payments with respect to a Series of Bonds provided for in the preceding sentence, available monies shall be applied first to the payment of interest on the applicable Bonds, and then to the payment of principal due on such Bonds and then to the payment of principal due on such Bonds or any portion thereof called for redemption pursuant to Section 3 hereof. Resolution # Date: Page 18

On each September 3, commencing September 3, 2018, all monies in any account of the Debt Service Fund in excess of the amount necessary to make the payments of principal of and interest on the applicable Series of Bonds then due or overdue and payable on such date (assuming all Owners entitled to payment on or before such date take or have taken any and all actions necessary on their part to receive amounts due them) shall, to the extent permitted by law, be applied as follows:

~~(a) The moneys shall be retained in such account of the Debt Service Fund; or~~

~~(b) The moneys shall be applied to the advance maturity and redemption of the Bonds of such Series pursuant to Section 3.2(a).~~

Amounts received from, or on behalf of, the County as prepayment of any Loan pursuant to Section 4.4 shall be deposited by the Fiscal Agent in the applicable account of the Debt Service Fund for application pursuant to Section 4.5. Such Loan prepayment amounts shall be used to pay the principal of and redemption premium (if any) on the corresponding Series of Bonds or such portion thereof which shall have been advanced pursuant to the JPA Act, Section 3.1 or 3.2, and this paragraph. The Fiscal Agent shall advance the maturity of and call Bonds for redemption pursuant to this Resolution and the JPA Act whenever and to the extent of any special prepayment of the Loans pursuant to Section 4.4, sufficient to pay the principal thereof plus the redemption premium (if any) of Bonds of the related Series. On or after each Redemption Date, or prior thereto, upon presentation and surrender thereof, the Fiscal Agent shall pay the principal of and redemption premium (if any) of each such Series of Bonds the maturity of which has been so advanced, and the interest accrued on such Bond to the earlier of the Principal Payment Date or Redemption Date, from monies in the applicable account of the Debt Service Fund.

~~Any amounts remaining in any account of the Debt Service Fund after payment of the Bonds of the corresponding Series and the interest thereon shall be applied in accordance with Section 4.7.~~

Section 4.4. Prepayment of Loans. (a) The County shall prepay any Loan to the extent any owner of assessed land prepays the Assessment of an Assessment Contract identified on the related Assessment Contract Schedule attached as “Exhibit A” to the applicable Loan Agreement.

(b) The County may prepay any Loan, in whole or in part, from any available source of funds other than those referred to in paragraph (a), including from moneys on deposit in the Loan Fund or applicable separate account and any related progress payment account established by the County pursuant to the Assessment Contracts.

Section 4.5. Application of Prepaid Loans. Upon receiving a prepayment of a Loan pursuant to Section 4.4(a) or (b), the Fiscal Agent shall deposit it in the related account of the Debt Service Fund to be applied for payment to Owners of the corresponding Bonds redeemed in accordance with Section 3.1 or 3.2. Resolution # Date: Page 19

Section 4.6. Certain Procedures Upon Redemption. If notice of redemption is given, the Bonds so advanced shall mature and become payable on the date fixed for redemption in the notice. The Owner of any such Bond may, prior to the date of redemption, with the consent of the Fiscal Agent, surrender it and receive the principal and interest thereon to the date of payment together with the redemption premium provided for the Bond, if any. If the Bond has not been sooner surrendered on the date fixed for redemption, the Fiscal Agent shall set aside to the credit of the Owner of the Bond the amount of principal and accrued interest then due on the Bond together with the redemption premium, if any, and the Bond shall then be deemed to have matured and interest shall cease to accrue on the Bond. The amount so set aside shall upon demand and upon the surrender and cancellation of the Bond be paid to the Owner of the Bond.

Section 4.7. Debt Service Fund Surplus. If there is a surplus remaining in any account in the Debt Service Fund after payment of all Bonds of a Series corresponding to such account and the interest thereon, plus applicable redemption premium (if any), that surplus shall be released from the pledge and lien hereunder and transferred to the County to be used for the benefit of the SCEIP or, upon the direction of the County, to cure any deficiency in any other account of the Debt Service Fund pursuant to Section 5.2 of this Resolution.

Section 4.8. Escrow Fund; Refunding Bonds. (a) There is hereby created and established with the Fiscal Agent a special and irrevocable trust fund designated the Escrow Fund (the “Escrow Fund”), (in which there shall be established and created a 5-Year Account, a 10-year Account, and a 20-year Account) to be held by the Fiscal Agent separate and apart from all other funds of the Authority, the County, or the Fiscal Agent and used only for the purposes and in the manner provided in this Section 4.8.

~~(b) The initial Series of Bonds issued under this Resolution with respect to each Available Term shall be Non-Refunding Bonds.~~

(c) To minimize the costs associated with the administration and maintenance of multiple funds and accounts, subsequent Series of Bonds issued under this Resolution with respect to each Available Term may be Refunding Bonds. Refunding Bonds relating to an Available Term shall refund and defease only Prior Bonds relating to the same Available Term. Refunding Bonds may be issued for the additional purpose of providing additional funds for deposit in the Loan Fund pursuant to Section 2.4 in order to provide for additional Loans to the County for the making of disbursements from the Loan Fund in accordance with this Resolution.

(d) In accordance with Section 7.1(a) of this Resolution, upon the issuance of any Series of Refunding Bonds, the Authority shall cause to be deposited with the Fiscal Agent in the applicable account of the Escrow Fund the following: (i) the then Outstanding principal amount of the Prior Bonds being refunded and defeased by such Series of Refunding Bonds, and (ii) interest accrued and unpaid on such Prior Bonds to the Redemption Date.

(e) Upon receipt of the moneys described in paragraph (d), the Fiscal Agent shall pay such moneys to the Owners of the Prior Bonds for the equal and ratable benefit of such Owners. If Resolution # Date: Page 20

~~not waived by the Purchaser pursuant to Section 12.8, a Redemption Notice shall be provided by the Fiscal Agent to the Owners of the Prior Bonds in accordance with Section 3.4.~~

(f) The Authority and the Fiscal Agent represent and agree that, concurrently with the initial deposit of the moneys in the applicable account of the Escrow Fund pursuant to paragraph (d), (i) the Prior Bonds will no longer be deemed to be Outstanding and unpaid within the meaning and with the effect expressed in Section 7 of this Resolution, and (ii) the Prior Loan will no longer be deemed to be outstanding and unpaid within the meaning and with the effect expressed in the Prior Loan Agreement.

(g) Monies remaining on deposit in any account of the Escrow Fund after payment of all amounts to the Owners of the applicable Series of Prior Bonds pursuant to paragraph (e) shall be released to the County for the benefit of the SCEIP within five (5) Business Days after such payment to the Owners of the applicable Series of Prior Bonds.

Section 4.9. Investments. (a) Except for the Escrow Fund (and the accounts therein), all moneys in any of the funds or accounts established pursuant to this Resolution shall be invested by the Fiscal Agent solely in Authorized Investments. All moneys in the Escrow Fund (and the accounts therein) shall be invested by the Fiscal Agent solely in Federal Securities. Obligations purchased as an investment of moneys in any fund or account shall be deemed to be part of such fund or account.

All interest or gain derived from the investment of amounts in any of the funds or accounts shall be deposited in the fund or account from which such investment was made. The Fiscal Agent shall incur no liability for losses arising from any investments made pursuant to this Section.

(b) For the purpose of determining the amount in any fund or account established hereunder, the value of investments credited to such fund or account shall be calculated at the cost thereof, excluding accrued interest and brokerage commissions, if any.

(c) Moneys in the Debt Service Fund and the accounts therein shall be invested only in obligations which will by their terms mature on such dates as to ensure the timely payment of principal and interest on the corresponding Bonds as the same become due.

The Fiscal Agent shall sell at the best price obtainable or present for redemption any obligations so purchased whenever it may be necessary to do so in order to provide moneys to meet any payment or transfer for such funds and accounts or from such funds and accounts. For the purpose of determining at any given time the balance in any fund or account, any such investments constituting a part of such fund and account shall be valued at their amortized cost.

~~SECTION 5. COVENANTS.~~

So long as any of the Bonds issued hereunder are outstanding, the Authority makes the following covenants with the Owners (to be performed by the Authority or its proper officers, agents or employees), which covenants are necessary, convenient and desirable to secure the Bonds; provided, Resolution # Date: Page 21

~~however, that said covenants do not require the Authority to expend any funds other than the Revenues.~~

Section 5.1. Punctual Payment. The Authority will punctually pay or cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Resolution and any Supplemental Resolution, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Resolution and all Supplemental Resolutions and of the Bonds.

Section 5.2. Limited Obligation; No Required Advances From Available Surplus Funds. The Bonds are limited obligation bonds and are payable solely from and secured solely by Revenues, including the amounts in the applicable account of the Debt Service Fund. Notwithstanding any other provision of this Resolution, the Authority shall, at the direction of the County in its sole and absolute discretion, advance available surplus funds from any account of the Debt Service Fund, determined in accordance with Section 4.7 of this Resolution, to cure any deficiency in any other account in the Debt Service Fund.

Section 5.3. General. The Authority shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the Authority under the provisions of this Resolution. The Authority warrants that upon the date of execution and delivery of the Bonds, the conditions, acts and things required by law and this Resolution to exist, to have happened and to have been performed precedent to and in the execution and delivery of such Bonds do exist, have happened and have been performed and the execution and delivery of the Bonds shall comply in all respects with the applicable laws of the State.

Section 5.4. Protection of Security and Rights of Owners. The Authority will preserve and protect the security of the Bonds and the rights of the Owners thereto, and will warrant and defend their rights to such security against all claims and demands of all persons. From and after the delivery of the Bonds by the Authority, the Bonds shall be incontestable by the Authority.

Section 5.5. Against Encumbrances. The Authority will not encumber, pledge or place any charge or lien upon any of the Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Resolution.

Section 5.6. Accounting Records and Statements. The Authority will keep or cause to be kept proper accounting records in which complete and correct entries shall be made of all transactions relating to the receipt, deposit and disbursement of the Revenues, and such accounting records shall be available for inspection upon five (5) Business Days’ written notice by any Owner or such Owner’s agent duly authorized in writing at reasonable hours and under reasonable conditions.

Section 5.7. Further Assurances. The Authority will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of its duties under this Resolution, and Resolution # Date: Page 22

~~for the better assuring and confirming unto the Owners of the Bonds the rights and benefits provided in this Resolution.~~

~~SECTION 6. FISCAL AGENT .~~

~~Section 6.1. Fiscal Agent; Appointment and Acceptance of Duties.~~

(a) The Authority Board hereby appoints the Authority Treasurer to act as the initial Fiscal Agent for the Bonds under this Resolution. All fees and expenses incurred for services of the Fiscal Agent shall be the sole responsibility of the Authority. The Fiscal Agent, if other than the Authority Treasurer acting as Fiscal Agent, pursuant to Section 6.6 hereof shall have the powers of a trust company within or without the State.

~~(b) Unless otherwise provided, the office of the Fiscal Agent designated by the Fiscal Agent shall be the place for the payment of principal of, premium, if any, and interest on the Bonds.~~

Section 6.2. Liability of Fiscal Agent. The Fiscal Agent, if other than the Authority Treasurer or except as expressly provided in a certificate of the Fiscal Agent in connection with the issuance and delivery of the bonds on the Closing Date, makes no representations as to the validity or sufficiency of this Resolution or of any Bonds issued hereunder or as to the security afforded by this Resolution, and the Fiscal Agent shall incur no liability in response hereof or thereof.

Section 6.3. Evidence on Which Fiscal Agent May Act. The Fiscal Agent, upon receipt of any notice, resolution, request, consent, order, certificate, report, opinion, bond, or other paper or document furnished to it pursuant to any provision of this Resolution, shall examine such instrument to determine whether it conforms to the requirements of this Resolution and shall be protected in acting upon any such instrument believed by it to be genuine and to have been signed and presented by the proper party or parties. The Fiscal Agent may consult with counsel, who may or may not be counsel to the County or the Authority, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it under this Resolution in good faith in accordance therewith.

Section 6.4. Compensation. The Authority shall direct the County to pay, from the Program Expense Fund, to the Fiscal Agent from time to time reasonable compensation for all services rendered under this Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of its attorneys, agents, and employees, incurred in and about the performance of their powers and duties under this Resolution. In no event shall the Authority or the County be required to expend its own funds hereunder or under the Loan Agreements, other than funds on deposit in the Program Expense Fund.

~~Section 6.5. Ownership of Bonds Permitted. If the Fiscal Agent is other than the Authority Treasurer, the Fiscal Agent may become the Owner of any Bond. Resolution # Date: Page 23~~

~~Section 6.6. Resignation or Removal of Fiscal Agent and Appointment of Successor.~~

(a) Any Fiscal Agent appointed may resign from service as Fiscal Agent and, if the Fiscal Agent is not the Authority Treasurer, it may be removed at any time by the Authority Treasurer as provided in the Fiscal Agent’s service agreement. Without further action by the Authority Board, if at any time the Fiscal Agent shall resign or be removed, the Authority Treasurer shall appoint a successor Fiscal Agent, which shall be a trust company or bank having the powers of a trust company within or without the State, with at least $100,000,000 in net assets. The Fiscal Agent shall keep accurate records of all funds administered by it and of all Bonds paid and discharged by it. Such records shall be provided, upon reasonable request, to the Authority in a format mutually agreeable to the Fiscal Agent and the Authority. Such successor Fiscal Agent shall signify the acceptance of its duties and obligations hereunder by executing and delivering to the Authority, a written acceptance thereof. Resignation or removal of the Fiscal Agent shall be effective upon appointment and acceptance of a successor Fiscal Agent.

(b) In the event of the resignation or removal of the Fiscal Agent, such Fiscal Agent shall pay over, assign and deliver any moneys held by it as Fiscal Agent to its successor, or, if there is no successor, the Authority Treasurer shall be the Fiscal Agent.

~~SECTION 7. DEFEASANCE.~~

~~Section 7.1. Defeasance. If all Outstanding Bonds of a Series shall be paid and discharged in any one or more of the following ways:~~

~~(a) by paying or causing to be paid the principal of and interest with respect to all Bonds of such Series then Outstanding, as and when the same become due and payable;~~

(b) by depositing with the Fiscal Agent, at or before maturity, an amount which, together with the amounts then on deposit in the corresponding account of the Debt Service Fund, is fully sufficient to pay the principal of and redemption premium (if any) and interest on all Bonds of such Series then Outstanding as and when the same shall become due and payable or, in the event of redemption thereof, before their respective Maturity Dates; or

(c) by depositing with the Fiscal Agent Federal Securities in such amount as the Authority shall determine, as verified by a nationally recognized Independent Public Accountant (unless the Purchaser is the sole owner of all Bonds of such Series, in which case no such verification is required), will, together with the interest to accrue thereon and moneys then on deposit in the corresponding account of the Debt Service Fund together with the interest to accrue thereon, be fully sufficient to pay and discharge the principal of, and premium (if any) and interest on all Bonds of such Series then Outstanding as and when the same shall become due and payable;

then, at the election of the Authority, and notwithstanding that any Bonds of such Series shall not have been surrendered for payment, all obligations of the Authority under this Resolution with respect to all Outstanding Bonds of such Series shall cease and terminate, except for Resolution # Date: Page 24

(i) the obligation of the Authority Treasurer to pay or cause to be paid to the Owners of the Bonds of such Series not so surrendered and paid, all sums due thereon, and (ii) the Authority’s obligations under Section 5.4. Any funds held by the Fiscal Agent in such account of the Debt Service Fund, at the time of receipt of such notice from the Authority, which are not required for the purpose above mentioned, shall be transferred to the County to be used for the benefit of the SCEIP.

~~SECTION 8. SUPPLEMENTAL RESOLUTIONS.~~

Section 8.1. Supplemental Resolutions Without Owner Consent. The Authority, may from time to time, and at any time, without notice to or consent of any of the Owners, adopt resolutions supplemental hereto as shall not be inconsistent with the terms and provisions hereof for any of the following purposes:

(a) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provision with respect to matters or questions arising under this Resolution or in any Supplemental Resolution, provided that such action shall not adversely affect the interests of the Owners;

(b) to add to the covenants and agreements of and the limitations and the restrictions upon the Authority contained in this Resolution other covenants, agreements, limitations and restrictions to be observed by the Authority which are not contrary to or inconsistent with this Resolution as theretofore in effect; and

~~(c) to modify, alter, amend or supplement this Resolution in any other respect which is not materially adverse to the interests of the Owners.~~

Section 8.2. Supplemental Resolutions with Owner Consent. Except as provided in Section 8.1, the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right to consent to and approve the execution of such Supplemental Resolutions as shall be deemed necessary or desirable for the purpose of waiving, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution or in any Supplemental Resolution; provided, however, that nothing herein shall permit, or be construed as permitting, (a) an extension of the Maturity Date of the principal of, or the payment date of interest on, any Bond, (b) a reduction in the principal amount of, or redemption price of, any Bond or the rate of interest thereon, (c) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a reduction in the percentage of Bonds the Owners of which are required to consent to such Supplemental Resolution, without the consent of the Owners of all Bonds then Outstanding. In no event, however, may a modification or amendment provide for the issuance of additional bonds, notes or other evidences of indebtedness payable out of the Revenues.

Section 8.3. Notice of Supplemental Resolution to Owners. If at any time the parties hereto shall desire to enter into a resolution supplemental hereto, which pursuant to the terms of Section 8.2 shall require the consent of the Owners, the Authority shall cause notice of the proposed resolution to be mailed, postage prepaid, to all Owners at their addresses as they appear in the Resolution # Date: Page 25

Registration Books. Such notice shall briefly set forth the nature of the proposed resolution and shall state that a copy thereof is on file at the office of the Authority for inspection by all Owners. The failure of any Owner to receive such notice shall not affect the validity of such resolution when consented to and approved as in Section 8.2 provided. Whenever at any time within one year after the date of the first mailing of such notice, the Authority shall receive an instrument or instruments purporting to be executed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall refer to the proposed resolution described in such notice, and shall specifically consent to and approve it substantially in the form of the copy thereof referred to in such notice as on file with the Authority, such proposed resolution, when duly adopted by the Authority, shall thereafter become a part of the proceedings for the issuance of the Bonds. In determining whether the Owners of the requisite aggregate principal amount of the Bonds have consented to the adoption of any Supplemental Resolution, Bonds which are owned by the County, the Authority, or by any person directly or indirectly controlling or controlled by or under direct or indirect common control with the County or the Authority, shall be disregarded and shall be treated as though they were not Outstanding for the purpose of any such determination.

Upon the adoption of any resolution supplemental hereto and the receipt of consent to any such resolution from the Owners of the appropriate aggregate principal amount of Bonds in instances where such consent is required, this Resolution shall be, and shall be deemed to be, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Authority and all Owners of Bonds then Outstanding shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such modifications and amendments.

~~SECTION 9. ADDITIONAL BONDS.~~

Section 9.1. Additional Series of Bonds. The Authority hereby authorizes and approves the issuance of Additional Series of Bonds pursuant to the JPA Act for the purpose of financing further County disbursements to property owners for the cost of Improvements, to the extent required under and in accordance with the SCEIP, pursuant to and secured by such Additional Resolutions of Issuance (and such additional loan agreements and bond purchase agreements approved by each such Additional Resolution of Issuance) as may be approved by the Authority Board from time to time, with such Additional Resolutions of Issuance and related agreements to be substantially in the form of this Resolution and the agreements approved hereby, together with such changes as may be requested by Bond Counsel and as are approved by the Authority Board.

~~SECTION 10. DEFAULT.~~

~~Section 10.1. Events of Default. If any of the following events occur, it is hereby declared to constitute an “Event of Default”:~~

~~(a) Default in the due and punctual payment of interest on any Bond, whether at the stated Interest Payment Date thereof, or upon proceedings for redemption thereof; Resolution # Date: Page 26~~

~~(b) Default in the due and punctual payment of the principal of or premium, if any, on any Bond, whether at the stated Principal Payment Date thereof, or upon proceedings for redemption thereof; or~~

(c) Failure by the Authority to observe and perform any material covenant, condition or agreement required by this Resolution to be performed by it (other than a default described in clause (a) or (b) above) for a period of 60 days following written notice to the Authority from any Owner of such failure; provided, however, if the Authority is in good faith attempting to remedy said failure and is unable to do so within the 60-day time period, an additional 60 days shall be allowed.

Section 10.2. Remedies Not Exclusive; Non-waiver. No remedy conferred hereby upon any Owner is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by the JPA Act, Chapter 29, or any other law of the State. No waiver of any default or breach of duty or contract by any Owner shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the Owners may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and the Owner shall prevail, said Owner shall be entitled to receive reimbursement for reasonable costs, expenses, outlays and attorney’s fees and should said suit, action or proceeding be abandoned, or be determined adversely to the Owners then, and in every such case, the Authority and the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken.

Section 10.3. Limited Liability of the Authority to the Owners. Except for the collection of the Revenues and the observance and performance of the other conditions, covenants and terms contained herein or in the JPA Act required to be observed or performed by it, the Authority shall not have any obligation or liability to the Owners with respect to this Resolution or the preparation, authentication, delivery, transfer, exchange or cancellation of the Bonds.

Section 10.4. Action by Owners Upon Default. In the event the Authority fails to take any action to eliminate an Event of Default under Section 10.1 hereof, the Owners of a majority in aggregate principal amount of a Series of Outstanding Bonds may institute any suit, action, mandamus or other proceeding in equity or at law for the protection or enforcement of any right under this Resolution, but only if such Owners have first made written request of the Authority, after the right to exercise such powers or right of action shall have occurred, and shall have afforded the Authority a reasonable opportunity either to proceed to exercise the powers granted herein or granted under law or to institute such action, suit or proceeding in its name and unless also, the Authority shall have been offered reasonable security and indemnity against the costs, expenses and liabilities to be incurred therein or thereby, and the Authority shall have refused or neglected to comply with such request Resolution # Date: Page 27

within a reasonable time. Any moneys recovered in such suit, action, mandamus or other proceedings shall be applied first to the payment of the reasonable costs and expenses of the Owners in bringing such suit, action, mandamus or other proceeding, including reasonable compensation to their agents and attorney.

~~SECTION 11. LOAN AGREEMENTS.~~

Section 11.1. Approval of Loan Agreements. The Loan Agreements proposed to be entered into by and between the County and the Authority, in the form on file in the office of the Authority Secretary, are hereby approved. Each of the Chair of the Authority Board and the Vice Chair of the Authority Board (each, an “Authorized Officer”) is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver each Loan Agreement in substantially said form, with such changes therein as may be requested by Bond Counsel and as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer’s execution and delivery thereof); provided, (i) only one (1) Loan Agreement shall be executed with respect to each Series of Bonds, and (ii) a Loan Agreement with respect to a Series of Bonds shall be executed only to the extent a Purchase Agreement for such Series of Bonds has been executed by the Authority in accordance with the requirements set forth in Section 12.7(d) . The authorization and powers delegated to such Authorized Officers pursuant to this Section 11.1 shall be valid for a period commencing from October 1, 2016 through, and including, March 31, 2017.

~~SECTION 12. MISCELLANEOUS.~~

Section 12.1. Partial Invalidity. If any section, paragraph, subdivision, sentence, clause or phrase of this Resolution shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional, unenforceable or invalid, such judgment shall not affect the validity of the remaining portions of this Resolution. The Authority Board hereby declares that it would have adopted this Resolution and each and every other section, paragraph, subdivision, sentence, clause and phrase hereof and would have authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this Resolution or the application thereof to any person or circumstance, may be held to be unconditional, unenforceable or invalid.

Section 12.2. General Authorization. The officers of the Authority are hereby authorized and directed, jointly and severally, to do all acts and things which may be required of them by this Resolution, or which may be necessary or desirable in carrying out the issuance of the Bonds as provided by this Resolution and all matters incidental thereto, including, without limitation, to execute such agreements, certificates, receipts, opinions and other documents, and to deliver at the closing and delivery of the Bonds any and all of the foregoing as may be appropriate in the circumstances. All such acts and things heretofore done are hereby approved, ratified and confirmed.

Section 12.3. Personal Liability. The Authority or any officer, agent or employee thereof, shall not be individually or personally liable for the payment of the principal of or interest on Resolution # Date: Page 28

~~the Bonds; but nothing herein contained shall relieve any such entity, officer, agent or employee from the performance of any official duty provided by law.~~

Section 12.4. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Resolution is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period after such date.

Section 12.5. Employment of Agents by the Authority. In order to perform its duties and obligations hereunder, the Authority may employ such persons or entities as it deems necessary or advisable. The Authority shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities.

Section 12.6. Disqualified Bonds. In the event of a later transfer of the Bonds in accordance with Section 12.7 hereof, in determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Resolution, Bonds which are owned or held by or for the account of the Authority or the County shall be disregarded and deemed not to be Outstanding for the purpose of any such determination, provided, however, that for the purpose of determining whether the Fiscal Agent shall be protected in relying on any such demand, request, direction, consent or waiver, only Bonds which the Fiscal Agent knows to be so owned or held shall be disregarded.

Section 12.7. Sale of Bonds to Purchaser; Transfer of Bonds; Purchase Agreement; Restrictions. (a) The Purchaser, as the initial Owner of the Bonds, has represented to the Authority that the Purchaser intends to hold the Bonds for its own account, for an indefinite period of time, and does not intend at this time to distribute, sell or otherwise dispose of the Bonds, or any portion thereof, to any third party.

(b) At the time of adoption of this Resolution, the Authority has not prepared, and does not intend to prepare, any offering document (in the form of an official statement or otherwise) with respect to the Bonds. The Authority has not made, and at this time does not intend to make, any continuing disclosure filings with state or national information repositories with respect to the Bonds.

(c) The transfer of the Bonds shall be restricted as set forth herein. With respect to any transfer of less than all of the then outstanding principal amount of the Bonds, the portion being transferred shall be equal to $100,000 or greater in principal amount. No Bond (or any portion thereof) may be transferred and no such transfer shall be effective or recognized in the Registration Books, unless the Authority shall have received a letter from the proposed transferee in the form satisfactory to the Authority, which shall contain statements substantially to the following effect: Resolution # Date: Page 29

(i) The transferee has received and reviewed copies of this Resolution. The transferee understands that (A) the Bonds are limited obligations of the Authority secured by and payable solely from Revenues as provided in this Resolution, (B) no other fund or property of the Authority or the County is liable for the payment of the Bonds, (C) none of the payment obligations with respect to the Bonds are secured by a pledge of any money received or to be received from taxation by the County or any political subdivision thereof, other than the Assessment Revenues securing the Loan Agreements pursuant to which the Revenues securing the Bonds will be paid, and (D) there is no reserve fund for the Bonds.

(ii) The transferee has sufficient knowledge and experience in financial and business matters, including in the purchase and ownership of municipal obligations of a nature similar to the Bonds, to be able to evaluate the risks and merits of investing in the Bonds.

(iii) The transferee acknowledges that Authority has not prepared any offering document with respect to the Bonds. The transferee, as a sophisticated investor, has made its own credit inquiry and analyses with respect to the Bonds. The transferee has assumed the responsibility for obtaining and making such review as the transferee has deemed necessary or desirable in connection with the transferee’s decision to invest in the Bonds. The transferee’s decision to invest in the Bonds did not rely on any information provided by the Authority or the County (or any representatives or agents of the Authority or the County) that is not in written form.

~~(iv) The transferee has duly determined that (A) the transferee is legally authorized to purchase the Bonds, and (B) the Bonds are a lawful investment for the transferee under all applicable laws.~~

(v) The transferee understands that (A) the Bonds have not been registered with any federal or state securities agency or commission or otherwise qualified for sale under the “Blue Sky” laws or regulations of any state, (B) will not be listed on any securities exchange, (C) will not carry a rating from any rating service, and (D) may not be readily marketable.

~~(vi) The transferee is investing in the Bonds for its own account, and at the time of its purchase of the Bonds, and does not intend to distribute, resell or otherwise dispose of the Bonds.~~

(vii) The transferee agrees that, in the event that the transferee decides to sell or otherwise transfer the Bonds, it shall require the new transferee to deliver to the Authority the letter required by this Section 12.7 as a condition precedent to the consummation of such transfer.

(d) The Authority shall enter into a purchase agreement (each individually, and collectively, the “Purchase Agreement”) with respect to each Series of Bonds designated as set forth in Section 2.3 and determined in accordance with the parameters set forth in this paragraph. The Purchase Agreement proposed to be entered into by and between the Authority and the Purchaser, in the form on file in the Resolution # Date: Page 30

office of the Authority Secretary, and the sale of the Bonds pursuant thereto upon the terms and conditions set forth therein are hereby approved; provided, however, that the form of the Purchase Agreement proposed to be entered into by and between the Authority and an Alternate Purchaser shall be approved by the applicable Alternate Purchaser Resolution. Subject to the following sentence, each Authorized Officer, acting singly, is authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver each Purchase Agreement in substantially said form, with such changes therein as may be requested by Bond Counsel and as the officer executing the same may require or approve (such approval to be conclusively evidenced by such Authorized Officer’s execution and delivery thereof). With respect to each Purchase Agreement, each Authorized Officer, acting singly, is hereby authorized and directed to act on behalf of the Authority to establish and determine the initial principal amount of each Series of Bonds; provided, (i) in accordance with Section 2.3, the aggregate initial principal amount of all Series of Bonds issued under this Resolution and originally purchased by a Purchaser other than an Alternate Purchaser shall not exceed the Authorized Principal Amount, and the aggregate initial principal amount of each Series of Bonds issued under this Resolution and originally purchased by an Alternate Purchaser shall not exceed the respective maximum aggregate initial principal amount specified in the applicable Alternate Purchaser Resolution, and (ii) in any calendar month, any and all such Series of Bonds issued shall be issued on the same Business Day and on only one Business Day each month, with the exception of the month of June in which month there may be two Bond Dates to permit that the Bond Date for any such Series of Bonds Issued for the month of July may fall within the last seven days of June to accommodate the Fiscal Year and such Bond Date shall be deemed the Bond Date for the month of July. The authorization and powers delegated to such Authorized Officers pursuant to this Section 12.7(d) shall be valid for a period commencing from October 1, 2016 through, and including, March 31, 2017.

(e) Upon satisfaction of subsection (c) above, any Bond may in accordance with its terms be transferred upon the Registration Books by the person in whose name it is registered, in person or by such person’s duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer, duly executed, in a form approved by the Fiscal Agent. Whenever any Bond shall be surrendered for such transfer, the Authority shall execute and the Fiscal Agent shall thereupon authenticate and deliver to the transferee a new Bond or Bonds of like tenor, Series, maturity or maturities and aggregate principal amount. The Fiscal Agent shall not be required to transfer, pursuant to this Section 12.7, either (i) any Bond during the period established by the Fiscal Agent for the selection of Bonds for redemption, or (ii) any Bond selected for redemption pursuant to Section 3.

Section 12.8. Waivers. So long as a Purchaser is the sole Owner as to a Series of Bonds, such Purchaser may waive any provisions of this Resolution with respect to such Series of Bonds, including but not limited to the provisions related to the redemption of Bonds or to the adoption of resolutions supplemental hereto.

~~Section 12.9. Effective Date. This Resolution shall take effect immediately upon adoption. Resolution # Date: Page 31~~

~~PASSED, APPROVED AND ADOPTED this ____ day of ______2016.~~

~~______Chair~~

~~ATTEST:~~

~~______Secretary~~

~~Resolution # Date: Page 32~~

~~Exhibit A~~

~~[FORM OF BOND]~~

Transfer of this Bond is subject to the restrictions set forth in the Resolution referred to herein. A transfer of Bonds is limited to certain parties that qualify under the requirements of the Resolution, which include the requirement that the transferee can bear the economic risk of investment in the Bonds and has such knowledge and experience in business and financial matters, including the purchase and ownership of municipal obligations of a nature similar to the Bonds, to be able to evaluate the risks and merits of the investment in the Bonds. The Bonds have not been registered with any federal or state securities agency or commission.

~~United States of America State of California County of Sonoma~~

~~REGISTERED REGISTERED NUMBER [1 ] $______~~

~~SONOMA COUNTY PUBLIC FINANCING AUTHORITY SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM CONTRACTUAL ASSESSMENT REVENUE [REFUNDING] BOND SERIES 20__ __-__ (TAXABLE)~~

~~BOND DATE: ______, [20__] MATURITY DATE: September 2, _____~~

~~REGISTERED OWNER: Treasurer of the County of Sonoma, for and on behalf of the Sonoma County Treasury Pooled Investment Fund~~

Under and by virtue of Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the Act, the Sonoma County Public Financing Authority, a joint powers authority organized and existing under the laws of the State of California (the “Authority”) hereby promises to pay (but only out of the Revenues (as such term is defined in the Resolution of Issuance (as hereinafter defined)) to the registered owner hereof, or registered assigns (the “Owner”), on the Maturity Date identified above (subject to any right of prior redemption hereinafter mentioned), the principal sum specified above in lawful money of the United States of America; and to pay interest thereon at a rate of interest determined pursuant to Resolution No. ____ of the Governing Board of the Authority (the “Resolution Resolution # Date: Page 33

of Issuance”), adopted on ______, 2016, in like money. As used herein, the term “Record Date” shall mean, with respect to any Interest Payment Date (as hereinafter defined), the fifteenth day of the calendar month immediately preceding the applicable Interest Payment Date, whether or not such day is a Business Day (as defined in the Resolution of Issuance. Interest will be payable from the Interest Payment Date next preceding the date of authentication and registration of this Bond, unless one of the following applies: (i) if such date of authentication is an Interest Payment Date, then interest shall be payable from such date of authentication, (ii) except where clause (iii) is applicable, if the date of authentication is after a Record Date but prior to the immediately succeeding Interest Payment Date, then interest shall be payable from such Interest Payment Date, or (iii) if the date of authentication is prior to the close of business on the first Record Date or if the Bond Date occurs after the 15th day of the calendar month immediately before the first Interest Payment Date , then interest shall be payable from the Bond Date. Notwithstanding the foregoing, if at the time of authentication of such Bond, interest is in default, interest on that Bond shall be payable from the last Interest Payment Date to which the interest has been paid or made available for payment.

The principal of this Bond shall be payable on the Maturity Date. Interest on this Bond shall be payable semiannually on March 2 and September 2 (each an “Interest Payment Date”) in each year commencing on September 2, 2017. Principal of and interest on this Bond shall be paid by check of the Treasurer of the Authority (“Authority Treasurer” or “Fiscal Agent”) mailed on or before the Interest Payment Date by first class mail, postage prepaid, or upon satisfaction of certain conditions specified in the Resolution of Issuance, by wire transfer or any other method acceptable to the Owner, to the person whose name appears in the Registrations Books as the Owner of such Bond as of the 15th day of the calendar month immediately preceding each Interest Payment Date, to the address of that person on the Registration Books, provided that the payment of principal of the Bond on the Maturity Date and the payment of the principal of the Bond and any premium due upon the redemption thereof shall be payable upon presentation and surrender thereof at maturity or earlier redemption at the office of the Authority Treasurer in Sonoma, California.

This Bond shall bear interest until the principal amount has been paid; provided, however, that if at the Maturity Date, or if at the redemption date of any principal amount of this Bond which has been duly called for redemption as provided in the Resolution of Issuance, funds are available for the payment or redemption thereof in full accordance with the terms of the Resolution of Issuance, such principal amount shall then cease to bear interest.

This Bond is issued by the Authority under the JPA Act and the Resolution of Issuance for the purpose of providing funds to make a loan (the “Loan”) to the County of Sonoma (the “County”) to make disbursements to property owners for the cost of certain distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements, pursuant to the Sonoma County Energy Independence Program, established by the Board of Supervisors of the County pursuant to its Resolution No. 09-0271 under Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code, commencing with Section 5898.10. The obligation of the County to make payments to the Authority of principal and interest on the Loan is a limited obligation secured only as set forth in the related Loan Agreement. Resolution # Date: Page 34

This Bond is secured by the Revenues (as that term is defined in the Resolution of Issuance), including the moneys in the Series 20__ __-__ Account of the Debt Service Fund, and is payable exclusively out of the Series 20__ __-__ Account of the Debt Service Fund as provided in the Resolution of Issuance. This Bond and interest thereon are not payable from the general funds of the Authority or the County. Neither the credit of the County or the Authority nor the taxing power of the County is pledged for the payment of this Bond or the interest thereon, and no Owner of this Bond may compel the exercise of any taxing power by the County or force the forfeiture of any of its property. The principal of, and premium (if any) and interest on this Bond are not a debt of the County nor a legal or equitable pledge, charge, lien or encumbrance upon any of the property of the Authority or the County, or upon any of their income, receipts or revenues, other than the Revenues and the funds described in the Resolution of Issuance. The Authority has no taxing power.

This Bond is transferable by the Owner hereof, in person or by the Owner’s attorney duly authorized in writing, at the office of the Fiscal Agent, subject to the terms and conditions provided in the Resolution of Issuance, including the payment of certain charges, if any, upon exchange, transfer, surrender or cancellation of this Bond. Upon transfer, a new registered Bond or Bonds, of any authorized denomination or denominations, of the same maturity, and for the same aggregate principal amount, will be issued to the transferee in exchange therefor.

The Fiscal Agent shall not be required to exchange or to register the transfer of Bonds during the fifteen days immediately preceding any Interest Payment Date or of any Bonds selected for redemption in advance of maturity.

~~The Fiscal Agent and the Authority may treat the Owner hereof as the absolute owner for all purposes, and the Fiscal Agent and the Authority shall not be affected by any notice to the contrary.~~

This Bond or any portion of it in the amount of $5,000, or any integral multiple thereof, or in such other denomination or denominations as determined by the Authority Treasurer in accordance with the Resolution of Issuance, is subject to mandatory redemption and payment prior to maturity on any second day of March or September in any year from prepayments of assessments and subject to optional redemption and payment prior to maturity (i) on any date from monies on deposit and available for such purpose in an account of the Escrow Fund established in the Resolution of Issuance (the “Escrow Fund”) and (ii) on the 15th calendar day of any month from any source of funds other than prepayment of assessments and moneys in the Escrow Fund by giving at least 30 days’ notice of such mandatory or optional redemption, or other such shorter period upon the consent of the owners of any Bonds designated for redemption, by registered or certified mail, postage prepaid, or by personal service to the Owner hereof at the Owner’s address as it appears on the registration books of the County and by paying principal and accrued interest together with a premium equal to three percent (3%) of the principal amount or such lesser (or no) premium as may be determined in accordance with the Resolution of Issuance. Interest shall cease to accrue from and after the date of redemption. Resolution # Date: Page 35

Additionally, this Bond or any portion of it in the amount of $5,000, or any integral multiple thereof, or in such other denomination or denominations as determined by the Authority Treasurer in accordance with the Resolution of Issuance, is subject to optional redemption and payment prior to maturity on any date from moneys on deposit and available for such purpose in an account of the Escrow Fund by giving notice on the Redemption Date (unless waived pursuant to the Resolution of Issuance), by registered or certified mail, postage prepaid, or by personal service to the Owner hereof at the Owner’s address as it appears on the registration books of the County and by paying principal and accrued interest, without premium. Interest shall cease to accrue from and after the date of redemption.

This Bond shall not be entitled to any benefit under the JPA Act or the Resolution of Issuance, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent.

~~[The remainder of this page is intentionally left blank.] Resolution # Date: Page 36~~

~~IN WITNESS WHEREOF, the Sonoma County Public Financing Authority, California has caused this Bond to be signed by the Chair of its Governing Board and by its Secretary, all as of ______, 20__.~~

~~COUNTY OF SONOMA, CALIFORNIA~~

~~Chair of the Governing Board Secretary~~

~~CERTIFICATE OF AUTHENTICATION AND REGISTRATION~~

~~This is one of the Bonds described in the within mentioned Resolution of Issuance which has been authenticated and registered on , 20__.~~

~~Treasurer of the Sonoma County Public Financing Authority~~

~~[FORM OF ASSIGNMENT]~~

For value received the undersigned do(es) hereby sell, assign and transfer unto , whose tax identification number is , the within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s) attorney to transfer the same on the books of the Fiscal Agent with full power of substitution in the premises. Dated: Signature guaranteed: NOTE: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever.

~~NOTICE: Signature must be guaranteed by a member of an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or other similar program.~~

~~Resolution # Date: Page 37~~

~~TABLE OF CONTENTS~~

~~Page~~

SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION; AUTHORIZATION AND PURPOSE OF BONDS; EQUAL SECURITY ...... 3 Section 1.1. Definitions ...... 3 Section 1.2. Rules of Construction ...... 9 Section 1.3. Authorization and Purpose of Bonds ...... 9 Section 1.4. Equal Security ...... 9 SECTION 2. THE BONDS ...... 10 Section 2.1. Equality of Bonds, Pledge ...... 10 Section 2.2. Collection of Assessments ...... 10 Section 2.3. Issuance of Bonds ...... 10 Section 2.4. Application of Proceeds of Sale of Bonds and Funds Received from the County ...... 11 Section 2.6. Form of Bonds and Certificate of Authentication and Registration ...... 12 Section 2.7. Execution and Authentication ...... 13 Section 2.8. Registration of Exchange or Transfer ...... 13 Section 2.9. Mutilated, Lost, Destroyed or Stolen Bonds ...... 13 Section 2.10. Registration Books ...... 14 Section 2.11. Validity of the Bonds ...... 14 Section 2.12. Refunding of Bonds...... 14 Section 2.13. No Acceleration ...... 14 SECTION 3. REDEMPTION OF BONDS ...... 14 Section 3.1. Mandatory Redemption ...... 14 Section 3.2. Optional Redemption ...... 15 Section 3.3. Selection of Bonds for Redemption ...... 15 Section 3.4. Notice of Redemption ...... 15 Section 3.5. Partial Redemption of Bonds ...... 16 Section 3.6. Effect of Notice and Availability of Redemption Price ...... 16 SECTION 4. FUNDS AND ACCOUNTS ...... 17 Section 4.1. Disposition of Bond Proceeds; Loan Fund ...... 17 Section 4.2. Establishment of Bonds Debt Service Fund and Accounts ...... 17 Section 4.3. Debt Service Fund ...... 17 Section 4.4. Prepayment of Loans from Assessment Prepayments ...... 18 Section 4.5. Application of Prepaid Loans ...... 18 Section 4.6. Certain Procedures Upon Redemption ...... 19 Section 4.7. Debt Service Fund Surplus ...... 19 Section 4.8. Escrow Fund; Refunding Bonds ...... 19 Section 4.9. Investments ...... 20 SECTION 5. COVENANTS ...... 20 Section 5.1 Punctual Payment ...... 21 Section 5.2. Limited Obligation; No Required Advances From Available Surplus Funds ...... 21 Section 5.3. General ...... 21 Section 5.4. Protection of Security and Rights of Owners ...... 21 Section 5.5. Against Encumbrances ...... 21 Section 5.6. Accounting Records and Statements ...... 21 Section 5.7. Further Assurances ...... 21 Resolution # Date: Page 38

SECTION 6. FISCAL AGENT ...... 22 Section 6.1. Fiscal Agent; Appointment and Acceptance of Duties ...... 22 Section 6.2. Liability of Fiscal Agent ...... 22 Section 6.3. Evidence on Which Fiscal Agent May Act ...... 22 Section 6.4. Compensation ...... 22 Section 6.5. Ownership of Bonds Permitted ...... 22 Section 6.6. Resignation or Removal of Fiscal Agent and Appointment of Successor ...... 23 SECTION 7. DEFEASANCE ...... 23 Section 7.1. Defeasance ...... 23 SECTION 8. SUPPLEMENTAL RESOLUTIONS ...... 24 Section 8.1. Supplemental Resolutions Without Owner Consent ...... 24 Section 8.2. Supplemental Resolutions with Owner Consent ...... 24 Section 8.3. Notice of Supplemental Resolution to Owners ...... 24 SECTION 9. ADDITIONAL BONDS ...... 25 Section 9.1. Additional Series of Bonds ...... 25 SECTION 10. DEFAULT ...... 25 Section 10.1. Events of Default ...... 25 Section 10.2. Remedies Not Exclusive; Non-waiver ...... 26 Section 10.3. Limited Liability of the Authority to the Owners ...... 26 Section 10.4. Action by Owners Upon Default ...... 26 SECTION 11. LOAN AGREEMENTS ...... 27 Section 11.1. Approval of Loan Agreements ...... 27 SECTION 12. MISCELLANEOUS ...... 27 Section 12.1. Partial Invalidity ...... 27 Section 12.2. General Authorization ...... 27 Section 12.3. Personal Liability ...... 27 Section 12.4. Payment on Business Day ...... 28 Section 12.5. Employment of Agents by the Authority ...... 28 Section 12.6. Disqualified Bonds ...... 28 Section 12.7. Sale of Bonds to Purchaser; Transfer of Bonds; Purchase Agreement; Restrictions ...... 28 Section 12.8. Waivers ...... 30 Section 12.9. Effective Date...... 30

~~EXHIBIT A – FORM OF BOND A-1~~

~~Governing Board:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board of Supervisors of the County Of Sonoma Authorizing The Sonoma County Treasury Pooled Investment Fund’s Investment In And Purchase Of The Sonoma County Public Financing Authority’s Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable), Approving As To Form And Authorizing The Execution And Delivery Of Bond Purchase Agreements In Connection Therewith, And Authorizing Certain Other Matters Relating Thereto,

Whereas, the Board of Supervisors (the “County Board”) of the County of Sonoma, California (the “County”) by its Resolution No. 09-0271 established the Sonoma County Energy Independence Program (the “SCEIP”) to finance the acquisition and construction or installation of distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements (the “Improvements”), on properties in the County through the use of contractual assessments pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code; and

Whereas, the Governing Board of the Sonoma County Public Financing Authority (the “Authority”) has determined pursuant to Resolution No. ___ (the “Resolution of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) and its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Refunding Bonds (Taxable) (collectively, the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, for the purpose of providing funds to make separate loans (a loan with respect to each series of Bonds) (collectively, the “Loans”) to the County to make disbursements, pursuant to the SCEIP and the contracts governing the aforementioned contractual assessments, to property owners for the cost of Improvements, pursuant to and secured by the Resolution of Issuance in the manner provided therein; and

Whereas, the County heretofore has established the Sonoma County Treasury Pooled Investment Fund (the “County Pool”) as a pooled local agency investment fund under the laws of the State of California (including without limitation Government Code Sections 53601 and 53635). The powers of the County Board with respect to the County Pool include the power to Resolution # Date: Page 2

invest money for the benefit of the County and the other participants in the pool, and pursuant to Government Code Section 53607, the County has delegated its authority to invest or to reinvest County funds, including but not limited to the funds of the County Pool, to the Treasurer of the County (the “County Treasurer”); and

Whereas, each of the Bonds will have a maturity of at least 5 years from their respective dates of issuance, and Government Code Section 53601 provides generally that no investment shall be made in any security that at the time of the investment has a term remaining to maturity in excess of 5 years, unless the County Board has granted express authority to make that investment specifically; and

Whereas, pursuant to Government Code Section 53601, the County Board desires to provide express authority for the County Treasurer to invest the County Pool in and to purchase on behalf of the County Pool any series of Bonds issued pursuant to the Resolution of Issuance, including Bonds with a term of more than 5 years, all subject to the limitations set forth in the Resolution of Issuance and the requirements of Section 3 of this Resolution, and to approve the form of, and authorize the execution and delivery of one or more bond purchase agreements (each individually, or collectively, as the context may require, the “Purchase Agreements”), the forms of which are on file with the Clerk of the County Board (the “Clerk”).

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

2. Findings; Specific Investment Authorization. The County Board hereby finds and determines that the County Pool’s investment in, and purchase of, a portion or all of the Bonds, subject to the terms and conditions set forth in this Resolution, is prudent under the general economic conditions and the anticipated needs of the County Pool. In accordance with Government Code Section 53601, the County Board hereby grants express authority for the County Pool to invest in and purchase the Bonds, including but not limited to those Bonds with a term remaining to maturity in excess of 5 years.

3. Purchase Agreements. The County Treasurer, on behalf of the County Pool, shall enter into a Purchase Agreement with respect to each separate series of Bonds (designated as set forth in the Resolution of Issuance) to be purchased. The Purchase Agreements proposed to be entered into by the County Pool and the Authority, in the form on file with the Clerk, and the purchase of a portion or all of the Bonds pursuant thereto upon the terms and conditions set forth therein, are hereby approved. Subject to the provisions of Section 4 below, the Chair of the County Board, the Vice-Chair of the County Board, and, so long as the delegation of authority under Government Code Section 53607 is in effect, the County Treasurer (each, an “Authorized Officer”), acting singly, is authorized and directed, for and in the name and on behalf of the County Pool, to execute and deliver the Purchase Agreements in substantially said Resolution # Date: Page 3 form, with such changes therein as may be requested by Bond Counsel and as the officer executing the same may require or approve, including such matters as are authorized by Section 4 hereof (such approval to be conclusively evidenced by such Authorized Officer’s execution and delivery thereof). The authorization and powers delegated to such Authorized Officers pursuant to this Section 3 shall be valid for a period commencing from the date of adoption of this Resolution through, and including, the last day of the first calendar month in which such last day occurs at least one hundred eighty (180) days after the date of adoption hereof.

4. Terms of Purchase of Bonds. Each Authorized Officer, acting singly, is hereby authorized and directed to act on behalf of the County to establish and determine the aggregate principal amount of all series of Bonds to be purchased by the County Pool under this Resolution, which amount shall not exceed $45,000,000, less an amount equal to the original aggregate principal amount of any bonds issued pursuant the Authority’s Resolution No. 09-0359, the Authority’s Resolution No. 09-0689, the Authority’s Resolution No. 09-1024, the Authority’s Resolution No. 10-0324, the Authority’s Resolution No. 10-0612, the Authority’s Resolution No. 11-0135, the Authority’s Resolution No. 11-0506, the Authority’s Resolution No. 12-0144, the Authority’s Resolution No. 12-0466, the Authority’s Resolution No. 13-0117, the Authority’s Resolution No. 13-0380, the Authority’s Resolution No. 14-0109, the Authority’s Resolution No. 14-0383, the Authority’s Resolution No. 15-0094, the Authority’s Resolution No. 15-0373, and the Authority’s Resolution No. 16-0068, which have not been refunded.

5. Other Acts. The Authorized Officers and all other officers of the County are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution and the Purchase Agreements, including but not limited to a certificate, investor letter, or such other document certifying as to the County and/or County Pool’s qualifications as a purchaser of the Bonds, as appropriate, and any such actions previously taken by such officers are hereby ratified and confirmed.

~~6. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board of Supervisors Of the County Of Sonoma, State of California, Consenting To The Withdrawal Of Funds From The Sonoma County Treasury Pooled Investment Fund And The Purchase Of Sonoma County Public Financing Authority’s Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) By The Treasurer Of Sonoma County For And On Behalf Of The Sonoma County Water Agency,

Whereas, the Governing Board of the Sonoma County Public Financing Authority (the “Authority”) has determined pursuant to Resolution No. ______(the “Resolution of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) and its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Refunding Bonds (Taxable) (collectively, the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, for the purpose of providing funds to make separate loans (a loan with respect to each series of Bonds) (collectively, the “Loans”) to the County to make disbursements, pursuant to the SCEIP and the contracts governing the aforementioned contractual assessments, to property owners for the cost of Improvements, pursuant to and secured by the Resolution of Issuance in the manner provided therein; and

Whereas, pursuant to Ordinance No. 5037, the County Board has delegated to the Treasurer of Sonoma County (the “County Treasurer”) the authority to invest or reinvest the Resolution # Date: Page 2

~~funds of the County and the funds of other depositors in the County Treasury, and by its Resolution No. _____, the County Board renewed its delegation of authority; and~~

Whereas, the County has heretofore established the Sonoma County Treasury Pooled Investment Fund (the “County Pool”) as a pooled local investment fund under the laws of the State of California; and

~~Whereas, the Sonoma County Water Agency (the “Agency”) invests its funds, including funds in the Warm Springs Dam Debt Service Sinking Fund (the “Sinking Fund”), in the County Pool; and~~

Whereas, the Board of Directors of the Agency (the “Agency Board”) has requested the County Treasurer to withdraw funds in the Sinking Fund from the County Pool and use those funds to invest in and purchase Bonds for and on behalf of the Agency in accordance with the provisions of the Agency’s Resolution No. ____ (the “Agency Investment Resolution”); and

Whereas, each of the Bonds will have a maturity of 20 years from their respective dates of issuance, and Government Code Section 53601 provides generally that no investment shall be made in any security that at the time of the investment has a term remaining to maturity in excess of 5 years, unless the legislative body has granted express authority to make that investment specifically; and

Whereas, the Agency Board has provided express authority and direction for the County Treasurer to invest in and purchase Bonds for and on behalf of the Agency using funds available in the Sinking Fund in accordance with the provisions of the Agency Investment Resolution; and

Whereas, the Agency Board has found and determined that that the County Treasurer’s investment in, and purchase of, Bonds using moneys in the Sinking Fund, subject to the terms and conditions set forth in the Agency Investment Resolution, is prudent under the general economic conditions and the anticipated needs of the Agency.

~~Whereas, the Agency Board has sought the advice and consent of the County Board;~~

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

2. Consent. The County Board hereby acknowledges the request for withdrawal and the express authority granted by the Agency to the County Treasurer pursuant to the Agency Investment Resolution and County Board hereby consents to the withdrawal and the investment in and purchase of Bonds by the County Treasurer for and on behalf of the Agency in accordance with the provisions of the Agency Investment Resolution. The County Board hereby finds and determines that the County Treasurer’s investment in, and purchase of, Bonds Resolution # Date: Page 3 using moneys in the Sinking Fund, subject to the terms and conditions set forth in the Agency Investment Resolution, is prudent under the general economic conditions and the anticipated needs of the Agency. Further, the County Board authorizes the County Treasurer to invest in and purchase Bonds on a basis which grants priority to purchases of Bonds for and on behalf of the Agency in accordance with the Agency Investment Resolution over purchases of Bonds for and on behalf of the County Pool.

~~3. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board Of Directors Of The Sonoma County Water Agency Requesting The Withdrawal Of Funds From The Sonoma County Treasury Pooled Investment Fund And Authorizing The Sonoma County Treasurer To Use The Withdrawn Funds To Purchase Sonoma County Public Financing Authority’s Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable)

Whereas, the Governing Board of the Sonoma County Public Financing Authority (the “Authority”) has determined pursuant to Resolution No. _____ (the “Resolution of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) and its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Refunding Bonds (Taxable) (collectively, the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, for the purpose of providing funds to make separate loans (a loan with respect to each series of Bonds) (collectively, the “Loans”) to the County to make disbursements, pursuant to the SCEIP and the contracts governing the aforementioned contractual assessments, to property owners for the cost of Improvements, pursuant to and secured by the Resolution of Issuance in the manner provided therein; and

~~Resolution # Date: Page 2~~

Whereas , pursuant to Ordinance No. 5037, the County Board has delegated to the Treasurer of Sonoma County (the “County Treasurer”) the authority to invest or reinvest the funds of the County and the funds of other depositors in the County Treasury, and by its Resolution No. 15-0489, the County Board renewed its delegation of authority; and

~~Whereas, the Sonoma County Water Agency (the “Agency”) invests its funds, including funds in the Warm Springs Dam Debt Service Sinking Fund (the “Sinking Fund”), in the County Pool; and~~

Whereas, the Board of Directors of the Agency (the “Agency Board”) desires that the County Treasurer withdraw funds in the Sinking Fund from the County Pool and use those funds to invest in and purchase Bonds for and on behalf of the Agency in accordance with the provisions of this Resolution; and

Whereas, the Agency Board desires to provide express authority for the County Treasurer to invest in and purchase Bonds for and on behalf of the Agency using funds available in the Sinking Fund in the County Pool in accordance with the provisions of this Resolution.

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

2. Request for Withdrawal and Specific Investment Authorization. The Agency Board hereby requests the County Treasurer to withdraw funds in the Sinking Fund from the County Pool and hereby grants express authority to the County Treasurer to invest in and purchase Bonds for and on behalf of the Agency using the withdrawn funds (including but not limited to determination of the applicable rate for such Bonds, pursuant to Section 2.3 of the Resolution of Issuance). Such request and authorization shall be subject to following:

a. Bonds eligible to be purchased are only those Bonds with a term remaining to maturity of 20 years that are issued pursuant to the Resolution of Issuance (“Eligible Bonds”). Resolution # Date: Page 3

b. Moneys in the Sinking Fund shall only be withdrawn from the County Pool at the times and in the amounts needed for the purchase of Eligible Bonds, with the amount withdrawn and invested in the Eligible Bonds not to exceed $15,000,000, less an amount equal to the original aggregate principal amount of any bonds issued pursuant the Authority’s Resolution No. 09-0359, the Authority’s Resolution No. 09-0689, the Authority’s Resolution No. 09-1024, the Authority’s Resolution No. 10-0324, the Authority’s Resolution No. 10-0612, the Authority’s Resolution No. 11-0135, the Authority’s Resolution No. 11-0506, the Authority’s Resolution No. 12-0144, the Authority’s Resolution No. 12-0466, the Authority’s Resolution No. 13-0117, the Authority’s Resolution No. 13-0380, the Authority’s Resolution No. 14-0109, the Authority’s Resolution No. 14-0383, the Authority’s Resolution No. 15-0094, the Authority’s Resolution No. 15-0373, and the Authority’s Resolution No. 16-0068, which have not been refunded. The Agency Board acknowledges that any withdrawal shall be at the market value of the County Pool as of the date of the withdrawal.

~~c. Principal of, and premium (if any) and interest on the Eligible Bonds shall be deposited in the Sinking Fund in the County Pool and shall not be reinvested in Eligible Bonds.~~

3. Finding. The Agency Board hereby finds and determines that the County Treasurer’s investment in, and purchase of, Eligible Bonds using moneys in the Sinking Fund, subject to the terms and conditions set forth in this Resolution, is prudent under the general economic conditions and the anticipated needs of the Agency.

~~4. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~5. Transmittal. The Secretary of the Agency is hereby directed to file a certified copy of this Resolution with the County Treasurer and with the County Board for their advice and consent.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving As To Form And Authorizing The Execution And Delivery Of Loan Agreements In Connection With The Sale And Issuance By The Sonoma County Public Financing Authority Of Its Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable), And Authorizing Certain Other Matters Relating Thereto

Whereas, the Governing Board of the Authority has determined pursuant to Resolution No. ____ (the “Resolution of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) and its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Refunding Bonds (Taxable) (collectively, the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, for the purpose of providing funds to make separate loans (a loan with respect to each series of Bonds) (the “Loans”) to the County to make disbursements, pursuant to the SCEIP and the contracts governing the aforementioned contractual assessments, to property owners for the cost of Improvements, pursuant to and secured by the Resolution of Issuance in the manner provided therein; and

Whereas, in order to effect the issuance of the Bonds, the County desires to approve the forms of, and authorize the execution and delivery of, one or more loan agreements (each, a “Loan Agreement” and collectively, the “Loan Agreements”), the forms of which are on file with the Clerk of the County Board (the “Clerk”); and

~~Whereas, the issuance of the Bonds and the execution and delivery of the Loan Resolution # Date: Page 2~~

Agreements to provide funding for and in accordance with the SCEIP will provide significant public benefits to the citizens of the County in the form of more efficient delivery of the SCEIP to residential and commercial development within the County.

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

2. Loan Agreements. The Loan Agreements, proposed to be entered into by and between the County and the Authority, in the form presented at this meeting and on file with the Clerk, are hereby approved. Each of the Chairman of the County Board, the County Administrator, the Auditor-Controller-Treasurer-Tax Collector, and the Revenue & Debt Division Manager, or any of them, or their designee (each, an “Authorized Officer”), is hereby authorized and directed, for and in the name and on behalf of the County, to execute and deliver the Loan Agreements in substantially said form, subject to the parameters in the Resolution of Issuance and with such changes therein as may be requested by Bond Counsel and as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer’s execution and delivery thereof). The authorization and powers delegated to such Authorized Officers pursuant to this Section 2 shall be valid for a period commencing from the date of adoption of this Resolution through, and including, the last day of the first calendar month in which such last day occurs at least one hundred eighty (180) days after the date of adoption hereof.

3. Other Acts. The Authorized Officers and all other officers of the County are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, the SCEIP, and the Loan Agreements, and any such actions previously taken by such officers are hereby ratified and confirmed.

~~4. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

A Resolution Of The Governing Board Of The Sonoma County Public Financing Authority To Determine The Interest Rate For The Interest Rate Period Beginning September 2, 2016 In Connection With The Sonoma County Energy Independence Program Bonds

~~RECITALS:~~

A. Whereas, the Board of Supervisors (the “County Board”) of the County of Sonoma, California (the “County”) by its Resolution No. 09-0271 established the Sonoma County Energy Independence Program (the “SCEIP”) to finance the acquisition and construction or installation of distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements (the “Improvements”), on properties in the County through the use of contractual assessments (the “Assessments”) pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code”).

B. Whereas, the Governing Board of the Sonoma County Public Financing Authority (the “Authority”) has determined pursuant to its Resolution 09-0359, Resolution No. 09-0689, Resolution No. 09-1024, Resolution No. 10-0324, Resolution No. 10-0612, Resolution No. 11- 0135, Resolution No. 11-0506, Resolution No. 12-0144, Resolution No. 12-0466, Resolution No. 13-0117, Resolution No. 13-0380, Resolution No. 14-0190, Resolution No. 14-0383, Resolution No. 15-0094, and Resolution No. 15-0373, Resolution No. 16-0068 (collectively, the “Resolutions of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) (the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, pursuant to and secured by the Resolutions of Issuance in the manner provided therein, for the purpose of providing funds to make separate loans (a “Loan” with respect to each series of Bonds and collectively, the “Loans”) to the County pursuant to loan agreements (each, a “Loan Agreement” and collectively, the “Loan Agreements”) for the County to make disbursements to property Resolution # Date: Page 2

owners, pursuant to the SCEIP and the contracts governing the Assessments, for the cost of Improvements. C. Whereas, the Treasurer of the County of Sonoma, for and on behalf of the County Pool, and for and on behalf of the Sonoma County Water Agency, is the purchaser (the “Purchaser”) of every series of Bonds issued and outstanding pursuant to the Resolutions of Issuance (such collection of bonds being the “County Bonds”), with the exception of the Bonds sold to an Alternate Purchaser. D. Whereas, pursuant to Section 2.3 of the Resolutions of Issuance, the interest rate for the County Bonds is three percent (3 %) per annum and is subject to change at the end of each Interest Rate Period (as that term is defined in the Resolutions of Issuance). E. Whereas, pursuant to Section 2.3 of the Resolutions of Issuance, the Authority, the County and the purchaser of any series of Bonds may determine the interest rate for a series of Bonds upon expiration of each Interest Rate Period. F. Whereas, pursuant to Section 2.2 of the Loan Agreements in connection with the County Bonds, the interest rate for the Loans in connection with County Bonds is three percent (3 %) per annum and is subject to change at the end of each Interest Rate Period (as that term is defined in the Loan Agreements). G. Whereas, pursuant to Section 2.2 of the Loan Agreements, the Authority, the County and the purchaser of any series of Bonds may determine the interest rate for the Loans upon expiration of each Interest Rate Period. H. Whereas, pursuant to Section 2.3 of the Resolutions of Issuance and Section 2.2 of the Loan Agreements, the Authority, the County and the Purchaser wish to establish at three percent (3%) per annum the interest rate for the Interest Rate Period beginning September 2, 2016.

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

2. Interest Rate for Bonds. Pursuant to Section 2.3 of the Resolutions of Issuance, the County Board hereby determines that the interest rate for the Interest Rate Period beginning on September 2, 2016 for each series of County Bonds shall be three percent (3%) per annum.

3. Interest Rate for Loan Agreements. Pursuant to Section 2.2 of the Loan Agreements the County Board hereby determines that the interest rate for the Interest Rate Period beginning on September 2, 2016 for each Loan Agreement in connection with the County Bonds shall be three percent (3%) per annum.

4. Other Acts. The Chair, the Vice Chair, and other officers of the County are hereby authorized and directed, jointly and severally, to do any and all things and to Resolution # Date: Page 3 execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed.

~~5. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~County of Sonoma State of California~~

~~Item Number: Date: September 27, 2016 Resolution Number:~~

~~4/5 Vote Required~~

Resolution Of The Board Of Supervisors Of The County Of Sonoma To Determine The Interest Rate For The Interest Rate Period Beginning September 2, 2016 In Connection With The Sonoma County Energy Independence Program Bonds

~~RECITALS:~~

A. The Board of Supervisors (the “County Board”) of the County of Sonoma, California (the “County”) by its Resolution No. 09-0271 established the Sonoma County Energy Independence Program (the “SCEIP”) to finance the acquisition and construction or installation of distributed generation renewable energy sources and energy efficiency improvements, which include water efficiency improvements (the “Improvements”), on properties in the County through the use of contractual assessments (the “Assessments”) pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code”).

B. The Governing Board of the Sonoma County Public Financing Authority (the “Authority”) has determined pursuant to its Resolution 09-0359, Resolution No. 09-0689, Resolution No. 09-1024, Resolution No. 10-0324, Resolution No. 10-0612, Resolution No. 11- 0135, Resolution No. 11-0506, Resolution No. 12-0144, Resolution No. 12-0466, Resolution No. 13-0117, Resolution No. 13-0380, Resolution No. 14-0190, Resolution No. 14-0383, Resolution No. 15-0094, Resolution No. 15-0373, Resolution No. 16-0068 (collectively, the “Resolutions of Issuance”) to issue multiple series of its Sonoma County Public Financing Authority, Sonoma County Energy Independence Program, Contractual Assessment Revenue Bonds (Taxable) (the “Bonds”) under and pursuant to Articles 1 through 4 (commencing with Section 6500) of the Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended (the “JPA Act”), including the provisions of the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 of the JPA Act, pursuant to and secured by the Resolutions of Issuance in the manner provided therein, for the purpose of providing funds to make separate loans (a “Loan” with respect to each series of Bonds and collectively, the “Loans”) to the County pursuant to loan agreements (each, a “Loan Agreement” and collectively, the “Loan Resolution # Date: Page 2

~~Agreements”) for the County to make disbursements to property owners, pursuant to the SCEIP and the contracts governing the Assessments, for the cost of Improvements.~~

C. The Treasurer of the County of Sonoma, for and on behalf of the County Pool, and for and on behalf of the Sonoma County Water Agency, is the purchaser (the “Purchaser”) of every series of Bonds issued and outstanding pursuant to the Resolutions of Issuance (such collection of bonds being the “County Bonds”), with the exception of the Bonds sold to an Alternate Purchaser.

D. Pursuant to Section 2.3 of the Resolutions of Issuance, the interest rate for the County Bonds is three percent (3 %) per annum and is subject to change at the end of each Interest Rate Period (as that term is defined in the Resolutions of Issuance).

E. Pursuant to Section 2.3 of the Resolutions of Issuance, the Authority, the County and the purchaser of any series of Bonds may determine the interest rate for a series of Bonds upon expiration of each Interest Rate Period.

F. Pursuant to Section 2.2 of the Loan Agreements in connection with the County Bonds, the interest rate for the Loans in connection with County Bonds is three percent (3 %) per annum and is subject to change at the end of each Interest Rate Period (as that term is defined in the Loan Agreements).

G. Pursuant to Section 2.2 of the Loan Agreements, the Authority, the County and the purchaser of any series of Bonds may determine the interest rate for the Loans upon expiration of each Interest Rate Period.

H. Pursuant to Section 2.3 of the Resolutions of Issuance and Section 2.2 of the Loan Agreements, the Authority, the County and the Purchaser wish to establish at three percent (3%) per annum the interest rate for the Interest Rate Period beginning September 2, 2016.

~~Now, Therefore, Be It Resolved~~

~~1. Recitals. The above recitals, and each of them, are true and correct.~~

4. Other Acts. The Chair, the Vice Chair, and other officers of the County are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed.

~~5. Effective Date. This Resolution shall take effect immediately upon adoption.~~

~~Supervisors:~~

~~Gorin: Rabbitt: Zane: Gore: Carrillo:~~

~~Ayes: Noes: Absent: Abstain:~~

~~So Ordered.~~

~~SCEIP At-a-Glance July 2016~~

The Sonoma County Energy Independence Program The Sonoma County Energy Independence Program (SCEIP) is part of the County’s Energy & Sustainability Division. Property Assessed Clean Energy (PACE) financing allows residential and commercial property owners to finance energy efficiency, water conservation, and renewable energy generation projects. These projects are permanently affixed to the property, not the owner, and are paid back through the property tax system over a period of 10 or 20 years.

SCEIP by the Numbers PACE Announcements 3/2009 – 7/2016 • SCEIP introduced a new prequalification process 34,720 PACE financing inquiries to streamline the customer experience. $74.8 M Amount funded • 2016 California Assembly Bill 2693 will require $22.7 M Funding available PACE programs to provide proper disclosures 3,205 Applications received pertaining to truth-in-lending and provide a 3 day 2,526 Applications funded right to cancel. 0.34% Tax delinquency rate • Statewide PACE Loss Reserve Program administered through the Treasurer’s Office has 0.00% Default rate a current outstanding portfolio of $1.27 billion in 1,492 Jobs created PACE assessments. There has been no request 157 Participating contractors to have the program provide reimbursements 89% Jobs done by local contractors due to loss.

Audit Highlights Every year SCEIP has been subject to an audit of its financials and operations process. In FY 2014-2015 Pisenti & Brinker performed a thorough review of financial statements and vetting of daily operations. Audit results returned sound financials as well as evidence of high level of internal controls to administer the program responsibly.

Federal Housing Administration, Veteran’s Affairs and the White House endorse PACE On July 19, 2016 the first-ever federal housing policy to recognize PACE as a tax assessment was announced by the U.S. Department of Housing and Urban Development (HUD). The new policy guidance issued by the Federal Housing Administration (FHA) and Department of Veteran Affairs (VA) states that PACE financing can co-exist with their mortgage products. The decision is expected to greatly expand the options available to homeowners when considering energy and water efficient upgrades.

SCEIP in the Community – (4/2016 - 7/2016) With participation in over 30 events since April 2016, the goal of SCEIP’s Education & Outreach is to motivate consumers to take action on energy efficiency and conservation measures and provide them with resources like SCEIP financing to get their projects started. SCEIP strives to increase consumer awareness about options that are available when considering energy & water improvements.

~~Events include: Sonoma County Home Show, Sonoma County Fair, Farmer’s Markets, Home Energy Workshops, Chamber Events, Cinco de Mayo Celebrations, Earth Day Festivals and other local venues.~~

~~SCEIP At-a-Glance July 2016~~

~~Types of Projects Completed – 3/2009 – 7/2016~~

~~2% 1% 2%~~

~~2% Solar PV Solar Thermal HVAC 20% Cool Roof 40% Water Heater Sealing & Insulation Windows & Doors Lighting 12% Ventilation Water Cons.~~

~~3% Other Energy Efficiency 6% 10% 2%~~

~~61,354 MTCO2E Reduced Over SCEIP History~~

~~SCEIP At-a-Glance July 2016~~

Historical Program Details On March 25, 2009, the Board of Supervisors established the Sonoma County Energy Independence Program (“Program”), which is financed through the issuance of bonds by the Public Financing Authority. In September 2011, the authority to issue bonds for the Program was changed from quarterly authorization to semi-annual authorization. Every six months the Program requests approval of the resolution (the “Resolution of Issuance”) authorizing the Public Financing Authority to issue, on a monthly basis, new bonds for the months of October 2016 through March 2017 , and approval of a resolution authorizing the Treasurer to invest in the new bonds on behalf of the Treasury Pool or the Water Agency. Board approval of this resolution is required to allow Sonoma County Energy Independence Program to continue to finance energy and water improvements for Sonoma County property owners. Resolution of Issuance allows the flexibility to issue specific 10 and 20 year non-residential contracts as separate bonds. This is important in that it provides flexibility to the County when and if it desires to sell the bonds on the open market as some investors may only be interested in bonds linked to commercial projects.

~~Agenda Item Number: 20 County of Sonoma (This Section for use by Clerk of the Board Only.) Agenda Item Summary Report~~

~~Accept a report on the General Service Department’s Energy and Sustainability Division Executive Summary:~~

On September 12, 2006 Board of Supervisors’ action created the Energy and Sustainability Division of the County of Sonoma’s General Services Department. The Division implements the Board’s vision for safe and healthy communities and environmental stewardship. Through administration of programs the division mitigates the impacts of climate change. Today, staff are providing a report on the status of the division.

The Division is customer service driven and focused, offering services to residential and commercial entities, municipalities, local agencies, building contractors, and County departments. The Division promotes regional coordination efforts, leveraging best practice and policy development. We provide services for County owned properties working as part of the General Services Department team.

The Energy and Sustainability Division assists customers with initiating and completing building efficiency upgrades, installation of renewable energy systems and storage, implementing sustainable practices, and retiring fossil fuel vehicles.

The Division implements the Board’s policy direction to achieve greenhouse gas emission reductions through “buildings and behaviors”, and serves as a community clearinghouse for information, tools, services, programs, financing information, and resources to the general public, contractor communities, and other public entities engaged in pursing energy and water efficiency and renewable energy initiatives.

~~The Division’s programmatic revenue provides staffing resource support for:~~

Revision No. 20151201-1 • Educational outreach to commuters, residents, businesses, agriculture, municipalities, and local governmental agencies (27% of total staff hours) • Technical support in the form of audits, building benchmarking, energy evaluation and analysis, project selection support, contractor connections, financing options, rebate and incentive support, solar bid evaluation, and utility bill payment. (44.3% of total staff hours) • Reporting to various entities such as grant funders, utilities, municipalities, Regional Climate Protection Authority, State of California and Federal Agencies such as the Department of Energy. Results reported include; jobs created, greenhouse gas emissions reduced, generation and water efficiencies, certifications, County operational utility use.(12.6% of total staff hours)

Energy and Sustainability Division program offerings include the Sonoma County Energy Independence Program as part of the Property Assessed Clean Energy (PACE) Financing Marketplace, the Sonoma County Energy Watch local government partnership with Pacific Gas and Electric, the Sonoma Green Business Program, and the One Day Clean Commute employee outreach campaign.

Under the leadership of your Board, the Division’s 2015 successes include (combined for all ESD programs unless otherwise noted): • Greenhouse gas emissions reduction of 687 metric ton equivalents of CO2: o Electricity saved: 6,146,548 kWh o Clean electricity generated: 15,181 MWh o Natural gas saved: 135,165 Therms • Work force development: o Energy tools loaned: 188 o Contractor Forums: 2 o Training Courses: 6 • Community education, outreach and events: o Customers served: 2,021 o Events: 30 o Presentations: 12 • Local Multiplier effect: o Jobs created / retained are: 75 o Financing equating to $3,751,614 Million o Incentives: $ 772,868

Through the Board of Supervisor’s leadership the County continues to meet sustainability goals and we look forward to building a more sustainable County as we prepare the Municipal Climate Action Plan for your Board’s adoption. This project will define climate implementation initiatives that seek to address existing County owned properties and establish strong energy efficiency and renewable energy generation objectives for future capital planning projects, green purchasing, space utilization, paper waste and records management. The Municipal Climate Action Plan will come to the Board for review and adoption in FY 2016-17.

~~Prior Board Actions: 4/24/2012: County installed 12 more electric vehicle charging stations.~~

Revision No. 20151201-1 12/11/2012: 2013-2014 Pacific Gas and Electric Local Government Partnership Agreement Extension 3/19/2013: Installation of Electronic Bicycle Lockers at County Administrative Center 5/6/2014: One Day Clean Commute Program Launch and 2014 Bike to Work Day 6/10/2014: “Green Employee of the Year” Recognition 10/21/2014: Sonoma County Property Accessed Clean Energy (PACE) Financing Marketplace expanded 4/21/2015: Rising Sun Energy Center Workforce Development Program for Youth 5/19/2015: Green Business Program 3/1/2016: 2016 Pacific Gas and Electric Local Government Partnership Contract Approval 5/10/2016: 2016 Bike to Work Day and County of Sonoma Bicycle Champion Award 5/24/2016: Sonoma County Property Accessed Clean Energy (PACE) Financing Marketplace expanded 9/20/2016: Gold Resolution Commemorating the Division’s 10th Anniversary Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Sustainability actions by the County and our community reduce greenhouse gas emissions, increase energy efficiency, and decrease water usage consumption, improve air quality thus creating safer and healthier communities, while creating/retaining jobs and saving valuable resources. Fiscal Summary - FY 16-17 Expenditures Funding Source(s) Budgeted Amount $ Select an item. $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ $ Use of Fund Balance $ $ Contingencies $ $ $ Total Expenditure $ Total Sources $ Narrative Explanation of Fiscal Impacts (If Required): None

~~Staffing Impacts Position Title Monthly Salary Additions Deletions (Payroll Classification) Range (Number) (Number) (A – I Step)~~

~~Narrative Explanation of Staffing Impacts (If Required): None~~

~~Revision No. 20151201-1 Attachments: Attachment 1: PowerPoint Presentation Related Items “On File” with the Clerk of the Board:~~

~~Revision No. 20151201-1 General Services Department Energy and Sustainability Division~~

Caroline Judy GSD Director 09-27-2016 Objective for Today’s Presentation 1. Provide a report on the evolution and status of the General Service Department’s Energy and Sustainability Division 2. Highlight the development of the holistic customer service delivery model of the Division County of Sonoma Climate Action History

~~September 12, 2006 The General Services Department’s Energy and Sustainability Division is created along with the priority actions of the County Operations 2010 Climate Protection Action Plan~~

~~3 Energy and Sustainability Program History~~

~~2006 – 2008 Create ESD Utility Management General Services Comprehensive Energy Project support Employee commute survey ARRA $1.9M Grant Energy and Sustainability Program History~~

2006 – 2008 Create ESD 2009- 2011 Utility Management General Services SC Energy Watch Comprehensive Energy SC Energy Independence Project support Program Employee commute survey Tool Lending Library, $123k ARRA $1.9M Grant grant Energy Commission $5M PACE Grant Energy and Sustainability Program History

2006 – 2008 Create ESD 2009- 2011 Utility Management 2012-2014 General Services SC Energy Watch Comprehensive Energy SC Energy Independence Greentivities Fair Exhibit Project support Program Healdsburg Green Contract Employee commute survey Tool Lending Library, $123k Windsor Pay-As-You-Save ARRA $1.9M Grant grant (PAYS) Contract Energy Commission $5M One Day Clean Commute PACE Grant Campaign Energy and Sustainability Program History

2006 – 2008 Create ESD 2009- 2011 Utility Management 2012-2014 General Services SC Energy Watch 2015 – 2017 Comprehensive Energy SC Energy Independence Greentivities Fair Exhibit Project support Program Healdsburg Green Contract Local Energy Action Forums for businesses Employee commute survey Tool Lending Library, $123k Windsor Pay-As-You-Save ARRA $1.9M Grant grant (PAYS) Contract PACE Marketplace Energy Commission $5M One Day Clean Commute Non-fleet EV Charging Energy PACE Grant Campaign Commission $500k Grant Green Business Program

~~PACE Marketplace Public Needs we are Serving Save Money Comfort Save Water Lower Emissions Energy Independence Energy Healthier Buildings Save Energy Customer Oriented Service~~

~~Sustainability Benefits • Save Money • Save Energy • Save Water • More Comfortable • Healthier • Green Certified • Energy Independence~~

~~Tip Top Cleaners • Green certified • Healthier environment • Project consultation Customer Oriented Service~~

Sustainability Benefits Site Visits / Consultation • Save Money • Save Energy • Building audits • Save Water • Educational presentations • More Comfortable • Employee commute • Healthier options • Green Certified • Project planning support • Energy Independence • Site visits and evaluations • Sustainability plans

~~Lagunitas Brewery • Saving money and better work environment • Lighting retrofits • Project consultation • Special utility rebates Customer Oriented Service~~

Sustainability Benefits Site Visits / Consultation • Save Money Analysis and Resources • Save Energy • Building audits • Save Water • Educational presentations • Building benchmarking • More Comfortable • Employee commute • Participating contractors • Healthier options • Project measure • Green Certified • Project planning support evaluation and selection assistance • Energy Independence • Site visits and evaluations • Sustainability plans • Solar bid analysis • Technology evaluation

~~Amy’s Kitchen • Saving energy and money • Cool Roof • Project consultation • Financing Customer Customer Oriented Service~~

Sustainability Benefits Site Visits / Consultation • Save Money Analysis and Resources • Save Energy • Building audits Rebates and Financing • Save Water • Educational presentations • Building benchmarking • Grants • More Comfortable • Employee commute • Participating contractors • Incentives • Healthier options • Project measure • On-bill financing • Green Certified • Project planning support evaluation and selection assistance • PACE financing • Energy Independence • Site visits and evaluations • Sustainability plans • Solar bid analysis • Rebates • Technology evaluation

Stony Creek Apartments • More comfortable • Saving energy • Project consultation • Financing Customer ‘Local Multiplier’ Effect ESD Impacts Financing: $74.4 Million Incentives: $6.6 Million Electricity Saved: 12,500 kWh Water Saved: Clean Electricity Generated: 18 GWh 101 Million Gallons Natural Gas Saved: 260,000 Therms Enough energy to power 5,940 Homes

~~GHG emissions reduced by 55k metric ton~~

~~equivalents of CO2. Like taking 11,727 cars off the road!~~

Outreach and Education Events: 270 Work Force Inquiries: 34,500 Jobs Created/Retained: 1,490 Presentations: 110 Energy Tools Loaned: 1,600 Site visits: 220 Contractor Training: 25 13 Division Financial Resources

~~Project Financing Technical Support, Support, $552,000 $212,000~~

~~Utilities, GHG Debt Svc, Best Practices and Equip Svc, $6,678,000 , 78% Policy, $77,000~~

~~Programs, Workforce Development, $1,841,000 $53,000 22% Operations, $216,000~~

~~Tracking, Analysis and Education and Reporting, $233,000 Outreach, $498,000~~

Utilities, GHG Debt Svc, Equip Svc. Costs Programmatic Revenue Electricity $ 1,776,000 Intergovernmental Revenue $ 50,000 Natural Gas $ 1,177,000 General Fund $ 350,000 Sewer and Water $ 1,020,000 ACTTC $ 965,000 Waste $ 259,000 PG&E $ 378,000 Combined Utilities $ 13,000 SCWA $ 98,000 Energy Proj Debt Service $ 1,988,000 Equipment Service Agreements $ 445,000 Future – Possible Service Focus

~~Technical Support, $712,000 Project Financing Support, $352,000 Best Practices and Policy, $77,000 Utilities, GHG Debt Svc, Equip Svc, $4,678,000 , 65%~~

~~Other, Workforce Development, $2,541,000 , 35% $253,000~~

~~Operations, $216,000 Tracking, Analysis and Education and Reporting, $233,000 Outreach, $698,000~~

~~Strategic Direction • Funding diversification • Expanded investment in education and consultation • Development of technical depth County Sustainability Services~~

• Home and Business Retrofit and Sustainability Resources • Sustainability Consultation – Green Certification – Clean Commute – Utility Conservation & Management • Municipal Climate Action Plan 2020 • Municipal Project Support Recommended Actions

~~• Accept a report on the evolution and status of the General Service Department’s Energy and Sustainability Division. Thank You~~