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2014/03/25 City Council Agenda Packet
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 792-1876 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL SPECIAL MEETING NOTICE AND AGENDA NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING will be held on Tuesday, March 25, 2014 at 3:00 pm MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council agendas and minutes may be viewed at the City’s website: www.rpcity.org. PUBLIC HEARINGS: Council may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this meeting of the City Council. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Special Meeting Agenda March 25, 2014 for City Council Page 2 of 2 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL (Belforte__ Mackenzie__ Stafford__ Ahanotu__ Callinan__) 2. PUBLIC COMMENTS Persons wishing to address the Council on any Closed Session item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 3. CLOSED SESSION A. Recess to Closed Session in Conference Room 2A to Consider: 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees’ International Union (SEIU) b. Rohnert Park Employees’ Association (RPEA) c. Rohnert Park Public Safety Officers’ Association (RPPSOA) d. Rohnert Park Public Safety Managers’ Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees B. Reconvene Joint Regular Meeting Open Session In Council Chamber C. Mayor’s Report On Closed Session (Government Code § 54957.1) 4. ADJOURNMENT CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the March 25, 2014, Special Meeting of the Rohnert Park City Council was posted and available for review on March 20, 2014, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 20th day of March 2014, at Rohnert Park, California. __________________________________________ JoAnne Buergler, City Clerk NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 792-1876 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, March 25, 2014 Open Session: 5:00 p.m.* *Or as soon thereafter as the meeting may be held following the Special City Council Meeting MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City’s website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Joint Regular Meeting Agenda March 25, 2014 for City Council/RPFA/CDC Successor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Belforte__ Mackenzie__ Stafford __ Ahanotu __ Callinan __) 2. PLEDGE OF ALLEGIANCE By Danijel Blair, Waldo Rohnert Elementary Student 3. PRESENTATIONS A. Mayor’s presentation of a Proclamation: Rohnert Park Tennis Club for Outstanding Community Service B. Mayor’s presentation of a Proclamation: Declaring April 2014 as Child Abuse Prevention Month 4. DEPARTMENT HEAD BRIEFING A. Development Services: Construction Projects Summer of 2014 Update 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 6. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council Special Meeting March 11, 2014 B. Acceptance of Reports for: 1. Housing Successor Agency- Cash Report for Month Ending February 2014 2. Successor Agency- Cash Report for Month Ending February 2014 3. City- Cash Report for Month Ending February 2014 4. RPFA- Cash Report for Month Ending February 2014 5. City Bills/Demands for Payment Dated March 25, 2014 6. Successor Agency to the CDC Bills/Demands for Payment Dated March 25, 2014 C. City Council Resolutions for Adoption: 1. 2014-028 Approving and Adopting the Plans and Specification for the RPX Sidewalk Access Ramps ADA Upgrades, Project No. 2013-04 and Awarding the Contract to JJR Construction, Inc., and Finding Such Action Exempt from CEQA and NEPA City of Rohnert Park Joint Regular Meeting Agenda March 25, 2014 for City Council/RPFA/CDC Successor Agency Page 3 of 5 2. 2014-029 Approving and Adopting the Plans and Specifications for the 2013 Various Streets Project Phase 2, Project 2012-01, Awarding the Contract to Windsor Fuel Co., and Finding the Project Exempt from CEQA Council Motion/Vote 7. AUTHORIZE WOODEN STREETLIGHT POLE REPLACEMENT PROJECT AND STRATEGY Consideration of project and authorize funding A. Staff Report B. Public Comment C. Council discussion/direction/action 8. BOARD / COMMISSION / COMMITTEE APPOINTMENTS Consideration of a nomination and appointment to the City of Rohnert Park Senior Citizen Advisory Commission vacancy for a term expiring December 31, 2014 A. Senior Citizens Advisory Commission – One vacancy, two-year term expiring on 12/31/2014 (Callinan nomination) B. Public Comment C. Council nomination/discussion/vote 9. SONOMA COUNTY WATER AGENCY (SCWA) FY 2014/15 PROPOSED BUDGET Consideration of Sonoma County Water Agency (SCWA) FY 2014/15 Budget - Council Direction to Water Advisory Committee Representative for Advisory Vote A. Staff Report B. SCWA Presentation C. Committee Report D. Public Comments E. Council discussion/direction 10. ECONOMIC DEVELOPMENT FRAMEWORK Consideration of and provide direction on the Draft Economic Development Framework which focuses on business retention and expansion, business attraction, and tourism in efforts to develop Rohnert Park’s economy A. Staff Report B. Public Comment C. Council discussion/direction City of Rohnert Park Joint Regular Meeting Agenda March 25, 2014 for City Council/RPFA/CDC Successor Agency Page 4 of 5 11. PUBLIC HEARING (NOT BEFORE 6PM) INTRODUCTION OF ORDINANCE - AMENDING ZONING REGULATIONS RELATED TO SIGN REGULATIONS Adoption of a Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulations; Introduction of Ordinance - Rohnert Park Municipal Code Chapter 17.04 (definitions) and 17.27 (signs) of the Zoning Ordinance to update sign regulations A. Staff Report B. Open and Close Public Hearing C. Resolutions for Adoption: 1. 2014-030 A Resolution of the City Council of the City of Rohnert Park, California, Adopting an Initial Study and Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulation a. Council motion/discussion/vote D. Ordinance for Introduction: Waive full reading and introduce Ordinance by Reading title: 1. No. 876 An Ordinance of the City of Rohnert Park, California, Amending Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) of the Rohnert Park Municipal Code a. Council motion/discussion/roll call vote (Belforte__ Mackenzie___ Stafford__ Ahanotu__ Callinan__) 12. PUBLIC HEARING (NOT BEFORE 6PM) INTRODUCTION OF ORDINANCE – AMENDING ZONING REGULATIONS RELATED TO HOMELESS SHELTER SEPARATION REQUIREMENTS Introduction of Ordinance 877 Amending Chapter 17.07 Land Use Footnotes/Special Provision, Section 17.07.02.M. Homeless Shelters of the Zoning Ordinance Title 17 of Rohnert Park Municipal Code A. Staff Report B. Open and Close Public Hearing C. Ordinance for Introduction. Waive full reading and introduce Ordinance by Reading title: 1. No. 877 An Ordinance of the City of Rohnert Park, California, Amending Section 17.07.020.M (Homeless Shelters) of the Zoning Ordinance a. Council motion/discussion/roll call vote (Belforte__ Mackenzie __ Stafford___ Ahanotu__ Callinan __) 13. STANDING COMMITTEE / LIAISON REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports 1. Water/Wastewater Issues Committee, 3/18 (Mackenzie/Belforte) 2. Economic Development, 3/19 (Callinan/Ahanotu) B. Liaison Report C. Other Reports City of Rohnert Park Joint Regular Meeting Agenda March 25, 2014 for City Council/RPFA/CDC Successor Agency Page 5 of 5 14. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 15. MATTERS FROM/FOR COUNCIL A. Budget FY 2014-15 –Work-session Schedule 16. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 17. ADJOURNMENT CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the March 25, 2014, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on March 20, 2014, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 20th day of March, 2014, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. Office of the Mayor of the City of Rohnert Park, California P r o c l a m a t i o n Proclaiming that an Award of Recognition for Outstanding Community Service be presented to ROHNERT PARK TENNIS CLUB WHEREAS, the Rohnert Park Tennis Club is a valuable asset to the Rohnert Park community providing tennis instruction and competition for many of our residents; and WHEREAS, tennis is a lifetime sport that promotes an active and healthy lifestyle and can be enjoyed by people of all ages; and WHEREAS, the club helps maintain the tennis courts at Magnolia Park on a regular basis including buying new nets and windscreens; and WHEREAS, over the years, their contributions have saved the City thousands of dollars in maintenance and material costs. NOW, THEREFORE, BE IT PROCLAIMED that I, Joseph Callinan, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby recognize and thank the Rohnert Park Tennis Club for their significant contributions. Proclaimed this 25th day of March, 2014 by: ____________________________________________ Joseph T. Callinan, Mayor Office of the Mayor of the City of Rohnert Park, California P r o c l a m a t i o n Proclaiming APRIL 2014 AS CHILD ABUSE PREVENTION MONTH WHEREAS, an estimated 10,000 calls or reports of suspected child abuse and/or neglect were made last year to the Family, Youth, and Children’s Services Division of the Sonoma County Human Services Department; and WHEREAS, the Sonoma County Blue Ribbon Campaign, sponsored by the California Parenting Institute, and the Sonoma County Child Abuse Prevention Coordinating Council will focus on educating all of us on the issues and magnitude of the problem; and WHEREAS, the Sonoma County Department of Human Services, the Sheriff’s Department, and the District Attorney’s Office have joined in recognizing the problem and support the need for education as a path toward prevention of all forms of child abuse; and WHEREAS, working together we can make a difference for children in this City. NOW, THEREFORE, BE IT PROCLAIMED that I, Joseph Callinan, as Mayor and on behalf of the City Council of the City of Rohnert Park, endorse the fight against Child Abuse and do hereby proclaim April 2014 as Child Abuse Prevention Month in Rohnert Park. Duly and Regularly Proclaimed this 25th day of March, 2014 by: ____________________________________________ Joseph T. Callinan, Mayor By 2015 Every county in the Greater Bay Area will be actively engaged in preventing child sexual abuse in their homes & communities. Chils xua abe can br prevented. 1 in 4 girls & 1 in 6 boys experience child sexual abuse almost always by someone they know, trust or love. Have you had it:NOUGa Show Your Hand. Join the Movement! � k 8 o \ v t o © � E Show Your Hand. PREVENT CHILD ABUSE Sonoma County., presented by Prevent Child Abuse - Sonoma County and California Parenting Institute In 1989, the Blue Ribbon Campaign to Prevent Child Abuse began as a Virginia grandmother's tribute to her grandson who died as a result of abuse. As part of this campaign, our local council, Prevent Child Abuse - Sonoma County, hosts a series of awareness events throughout the month to recognize the importance of child abuse prevention. In 2013, there were 5,338 reports of child abuse or neglect made to Sonoma County Child Protective Services. Of these, 1,880 reports of child abuse were serious enough to require a face- to -face investigation to determine if allegations of abuse were substantiated, and 195 children were removed from unsafe and abusive homes. Although April is Child Abuse Prevention Month, every day of every month should be dedicated to stopping child abuse. To find out how you can help please call Prevent Child Abuse - Sonoma County at 707 585 6108 x 1101 or visit our website at www. preventchildabuse - sonomacounty.org tit During the month of April, California Parenting Institute will be offering free parenting classes and events in English and Spanish. Please visit our website, www. preventchildabuse - sonomacounty.org to see a full list of free classes and events during the month of April. SUMMIT STATE ANK CIDCTI THANK YOU TO OUR SUPPORTERS: SONOMA COUNT/ Valley . GENE GAFFNEY 47 INSURANCE SERVICES, INC. Innovative Business Solutions Thursday, April 24, 2014 Mary Agatha Furth Center • 8400 Old Redwood Highway, Windsor, CA Atraining • 8:30am- 11:OOam, $30 registration fee Public and Permanent: How to Prevent Cyber Bullying, Sexting, Social Media Abuse, and Other Cyber Issues Training presented by Richard Guerry This multi -award winning program provides greater awareness of negative, irresponsible, and malicious digital behaviors and the method to reduce the risk of becoming a victim of cyber- crime, cyber bullying, and digital exploitation. Obtain the solutions to preventing issues like sexting, cyber bullying, sextortion, poor social media behaviors, and almost any other cyber issue. Program highlights include: • Essential cyber- danger prevention strategies everyone should know • Understanding the concept of "digital legacy" Aluncheon and awards ceremony • 11:30- 2:OOpm, $25 registration fee Blue Ribbon Award Presentation Public and Permanent: Keynote Presentation by Richard Guerry Master of Ceremonies: Susan Gorin, Sonoma County Board of Supervisors 01 Ow 1,1w,x1 Empire CEUs Available CCRE is a State Bar of California approved MCLE provider. Provider # 12690. This course meets the qualificiations for 2.5 hours of MCLE credit. An additional 1 hour of MCLE credit will be available for the luncheon talk. Attendance certificates will be available. To enroll in the training and /or luncheon please visit www.preventchildabuse- about the presenter Richard Guerry is the founder of the non -profit organization the Institute for Responsible Online and Cell -Phone Communication (IROC2). Throughout the 1990's, at the height of the technology revolution, Richard served as an interactive marketing executive. In his tenure, he encountered the darkest areas of the Internet and discovered countless individuals unknowingly being manipulated and schemed, and their content being stolen and exploited. As a father of two Does your child or teen need counseling? Help is available! California Parenting Institute Children's Counseling Services No -cost counseling services for children ages 0 -18, funded by Cal OES CHAT Program and Medi -Cal Can 707.284.1500 or email intake @calparents.org �Su nino o adolecente necesita servicios de consejeria? ;Hay ayuda disponible! California Parenting Institute Servicios de Consejeria Para Ninos Proveemos servicios de consejeria para ninos de edades 0 -18 sin costo, pagados por Cal OES CHAT Program y Medi -Cal Llame al 707.284.1500 o mande un correo electronico a intake @calparents.org Rohnert Park Projects Summer 2014 Projects Summer 2014 Eastside Trunk Sewer 2 RPX Water Transmission Main Adrian Water Sewer Phase 2 2013 Various Streets Phase 2 Sewer Force Main Rehab Curb Ramps Eastside Trunk Sewer 2 Currently under construction Crossing under RRX now Summer on Snyder and paving $8.3M Funded by PFFP Eastside Trunk Sewer 2 1.Abandoning Dewatering Wells 2.Welding Manhole Liners 3.Bore under Tracks 4.Installing Dewatering RPX Water Transmission Main New water line on RPX RRX to Snyder North lane Needed for UDSP $1.5M PFFP Funds Adrian Water Sewer Phase 2 Water & sewer rehab Santa Barbara to East Cotati Ave $2M Water & Sewer Funds 2013 Various Streets Phase 2 Slurry seal local roads Southwest Striping Roads patched last year $1M Gas Tax, Measure M, TFCA Curb Ramp Project RPX Curb ramp $47K Community Development Block Grant Sewer Force Main Rehab Force main from City to Treatment Plant Rehab far end (gravity section) $300K PFFP Late summer Coming Attractions 2015 Phase 3 ESTS and Snyder Widening ◦Sewer and Road widening from Southwest to RPX ◦$5.3M ◦PFFP (Developer Funded) RPX Overlay ◦Rehab RPX from State Farm to Snyder ◦$2M ◦Federal Grant, Gas Tax Questions? Page 1 of 2 D EVELOPMENT S ERVICES City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 [707] 588-2232 Fax: [707] 794-9242 MEMORANDUM DATE: February 21, 2014 TO: Mayor Callinan and Council Members COPY: Darrin Jenkins, City Manager Department Heads FROM: Patrick Barnes, Deputy City Engineer SUBJECT: The Upcoming 2014 Construction Season This memo describes the various projects that will be occurring in the City during the coming construction season. There is quite a bit of work planned and nearly every neighborhood in the city will be affected in some way. Eastside Trunk Sewer Phase 2 Eastside Trunk Sewer Phase 2 will continue construction through the summer. This trunk sewer which opens up development on the east side the City and relieves current sewer capacity problems starts at Avram and Commerce and goes to Snyder and East Cotati. The route includes Avram, Santa Alicia, Seed Farm, Southwest and Snyder. This project is funded from the Public Facilities Finance Plan (PFFP). RPX Water Main This water transmission main is also needed for development on the east side and University District Specific Plan in particular. It is a 16- inch water line running from the SCWA aqueduct near the railroad tracks on RPX to Snyder and RPX. Construction will be along the northern side of RPX. This project is funded from the Public Facilities Finance Plan (PFFP). Adrian Phase 2 This is a water and sewer rehabilitation project on Adrian Drive. Last season we completed the section from Arlen to Santa Barbara. This season the project will continue from Santa Barbara to East Cotati Avenue. This water sewer project is paid for from water and sewer service charges. 2013 Various Streets Last summer we completed dig out paving repair on a large number of neighborhood streets primarily in C, E, G, H, L and M sections and Southwest Boulevard. This year’s project returns to these roads to apply a slurry seal. Using a two- year construction method saves money, avoids problems with late season slurry seal and provides a better product. It also allows the entire project to be completed when school is not in session. This project also completes the bike lanes Item 4 - Supplemental 3-25-14 City Council Meeting Page 2 of 2 on Southwest Boulevard in keeping with our grant for this project. An optional item (depending on bid prices and funding available) includes fog sealing a number of arterial roads. This project is funded from gas tax, Measure M and a Transportation Funding for Clean Air grant. Curb Ramp This project includes upgrading curb ramps along portions of Rohnert Park Expressway between State Farm and Snyder. This project is funded by a Community Development Block Grant. Interceptor Outfall Gravity Section Rehabilitation The City of Rohnert Park is connected to the Regional Wastewater treatment plant by two force mains. The older of these mains needs rehabilitation at the furthest end. This project will rehabilitate the last 2,200 feet of the main. This project is not shown on the attached drawing as it is outside the City boundaries. Attached is a diagram which indicates the locations of these various projects. Coming Attractions For the 2016 Construction season we are currently planning and designing two significant projects: 1. An overlay of Rohnert Park Expressway between State Farm and Snyder Lane 2. Eastside Trunk Sewer 3 and Snyder widening. This project will extend the ESTS from Southwest and Snyder to Snyder and RPX. It will also improve Snyder Lane from Southwest to Medical Center Drive. SSU Rancho CotatiHigh School Larry JonesMiddle School ARLEN AVE Water Trunk line E.COTATI AVE East Side Trunk Sewer AdrianWaterS e we r £¤101 ±1,200 0 1,200600 ft. Rohnert Park Projects Legend RPX Ramps 2013Streets Adrian Water & Sewer EastSideTrunk Sewer Water trunk line City Limits Creeks MINUTES OF THE SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Tuesday, March 11, 2014 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Callinan called the City Council special meeting to order at 3:00 pm, the notice for which being legally noticed on March 6, 2014. Present: Joseph T. Callinan, Mayor Amy O. Ahanotu, Vice Mayor Gina Belforte, Council Member Jake Mackenzie, Council Member Pam Stafford, Council Member Staff present: City Manager Jenkins, City Attorney Kenyon, and City Clerk Buergler. 2. PUBLIC COMMENTS Carolyn Lopez, SEIU Local 1021 Representative, introduced herself. 3. CLOSED SESSION A. Mayor Callinan made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 3:03 pm in Conference Room 2A to Consider: 1. Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organization: a. Service Employees’ International Union (SEIU) b. Rohnert Park Employees’ Association (RPEA) c. Rohnert Park Public Safety Officers’ Association (RPPSOA) d. Rohnert Park Public Safety Managers’ Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees B. Reconvened Special Meeting Open Session in Council Chamber at 5:10 pm C. Mayor’s Report On Closed Session (Government Code § 54957.1) No reportable action. Item No. 6.A.1 City of Rohnert Park Special Meeting Minutes March 11, 2014 for City Council Page 2 of 2 4. ADJOURNMENT Mayor Callinan adjourned the special meeting at 5:10 pm _____________________________________ __________________________________ JoAnne M. Buergler City Clerk Joseph T. Callinan, Mayor City of Rohnert Park City of Rohnert Park ROHNERT PARK FINANCINCi AUTHORITY CASH REPORT TO: The Chairman and Board Members of the Rohnert Park Financing Authority FROM: Mar~~& Executive Director Darrin Jenkins City & Authority Attorney Finance Director DATE: March 6, 2014 CASH BALANCES AS OF Februa ry 28, 2014 1999 C.O.P .'s-Capital Facilities Project: Capital Project Fund-1999 C.O.P.'s Lease Payment Fund-1999 C.O .P.'s 2003 Lease Revenue Refunding Bonds: Lease Revenue Refunding Bonds-Revenue Fund Lease Revenue Refunding Bonds-Project Fund 2005 Sewer System R.C.O.P.'s Funds: Certificate Payment Fund Revenue Bond Account Fund (1) TOTAL ROHNERT PARK FINANCING AUTHORITY CASH (1) Appropriated for sewer projects $0.00 0.44 0.62 0.16 1.25 671,463.81 $671,466.28 CASH DISTRIBUTION AS OF February 28,2014 CASH HELD BY FISCAL AGENTS: Maturit~ Interest Source of Investment Institution Date Rate Par Value Market Value Valuation 1999 C.O.P.'s Cagital Facilities Project Funds: Union Bank 1999 C.O.P.'s Lease Payment Fund: Blackrock Prov Tfund N/A 0.010% $0.44 $0 .44 Note (1) Total $0 44 $0.44 $0.44 1999 C.O.P.'s Cagital Project Fund: Union Bank Local Agency Investment N/A 0.000% $0.00 $0 .00 Note (1) Blackrock Prov Tfund N/A 0.010% 0 .00 0 .00 Note (1) Total $0 .00 $0.00 0.00 2003 Lease Revenue Refunding Bonds: Lease Rev Refdg Bds-Revenue Fund: Blackrock Prov Tfund N/A 0.010% 0.62 $0 62 Note (1) Lease Rev Refdg Bds-Project Fund: Blackrock Prov Tfund N/A 0.010% $0 .16 $0.16 Note (1) Total $0.78 $0 .78 0.78 2005 Sewer System RCOP's Funds: Certificate Payment Fur Blackrock Prov Tfund N/A 0.010% $1 .25 $1.25 Note (1) Interest Fund: Blackrock Prov Tfund N/A 0.010% $0 .00 $0.00 Note (1) Delivery Cost Fund: Blackrock Prov Tfund N/A 0.010% $0 .00 $0 .00 Note (1) $1.25 $1.25 1.25 2005 Sewer System Revenue Bond Funds: Exchange Bank Money M N/A 0.070% $671,463.81 $671,463.81 Note (2) 671,463.81 ---------------- TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $671 ,466.28 Investment Yield for February, 2014 0.070% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-1 05, adopted on April 25, 2006. The Authority currently has sufficient idle funds to meet it's expenditure requirements for the next six months , Note(1) The source of valuation for this investment is the February 28, 2014 Union Bank Trust Statements . However, the Par Value and Market Value are typically the same as interest is credited and paid monthly. Note(2) The source of valuation for this investment is the February 28, 2014 Exchange Bank Statement However, the Par Value and Market Value are typically the same as interest is credited and paid monthly , ITEM NO. 6.C.1 1 Meeting Date: March 25, 2014 Department: Development Services Submitted By: Rick Pedroncelli, P. L. S., Senior Engineering Technician Prepared By: Rick Pedroncelli, P. L. S., Senior Engineering Technician Agenda Title: Approving and Adopting the Plans & Specifications for the RPX Sidewalk Access Ramps ADA Upgrades Project No. 2013-04 and Awarding the Contract to JJR Construction, Inc. and Finding such Action Exempt from CEQA/NEPA RECOMMENDED ACTION: Adopt the Resolution in order to: 1. Approve and Adopt the Plans & Specifications for the RPX Sidewalk Access Ramps ADA Upgrades Project No. 2013-04. 2. Accept the bids and award the contract for the RPX Sidewalk Access Ramps ADA Upgrades Project No. 2013-04 to JJR Construction, Inc. in the amount of $46,300.00. 3. Find Award of Contract Exempt from California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) BACKGROUND: On May 6, 2013, the Sonoma County Board of Supervisors approved a Community Development Block Grant (CDBG) for the amount of $65,983 for this project. The City Manager executed a funding agreement with the Sonoma County Community Development Commission dated July 1, 2013, relating to the use of CDBG funds, The CDBG funding is for environmental review and construction costs. City staff time and materials are being funded with CDBG and City Gas Tax funds, as approved in the Five-Year Capital Improvement Program budget for FY 2013-14 through FY 2017-18, adopted on June 25, 2013, by city council resolution no. 2013-102. The plans, specifications and cost estimate were prepared by city staff. The project includes upgrading eight (8) existing sidewalk access ramps along Rohnert Park Expressway, which locations are shown on an attached Exhibit “B”, Excerpts from the project plans. ANALYSIS: The City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy. An invitation to bid was posted/published on February 7, 2014, in consistency with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2 Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act. The engineer’s estimate for the project is approximately $67,000. Staff received eight (8) bids, listed as follow: JJR Construction, Inc. $46,300.00 Shafer Engineering Inc. $52,820.00 Fieldstone Construction $55,650.00 F. B. D. Vanguard Construction $57,300.00 Team Ghilotti Inc. $60,400.00 Ghilotti Construction $63,084.00 Wildcat Engineering $73,090.00 Ghilotti Bros. Constructors, Inc. $78,500.00 The apparent low bidder is JJR Construction Inc. with a bid of $46,300.00. The contractor is found to be responsible and responsive. This project was designed to upgrade existing sidewalk access ramps to current standards of accessibility to comply with the Americans with Disabilities Act (ADA). Staff reviewed the bids for responsiveness and contractor responsibility. Staff is administering this project with in-house resources. ENVIRONMENTAL ANALYSIS: The CDBG funds for this project are federal funds administered by the Sonoma County Community Development Commission; therefore, the environmental review must comply with NEPA. The Sonoma County Community Development Commission is performing the appropriate federal environmental review for this project, which is a Categorical Exclusion Report pursuant to NEPA guidelines. The project is EXEMPT, per Section 58.34(a)(12). The cost for the environmental review is estimated to be $2,955.00 and will be paid out of the CDBG funds. There is no expansion of an existing use created by this project. Therefore, the Project is exempt from the requirements of the CEQA pursuant to the following authorities: 1. Section 15301 of the State CEQA Guidelines, the repair and maintenance of existing public facilities, including existing streets, sidewalks, gutters and bike paths, is Categorically Exempt from the provisions of CEQA (Class 1 – Existing Facilities). The project involves no expansion of an existing use but rather involves minor improvements to provide for accessibility to preexisting public facilities. There are no federally listed or candidate species, or suitable habitat, or Critical Habitat within the construction area because the area is paved. There is no substantial evidence that there would be a significant adverse environmental impact associated with the project. ITEM NO. 3 2. Section 15302 of the CEQA Guidelines, replacement and/or reconstruction of an existing facility for the same purpose and capacity is Categorically Exempt from the provisions of CEQA. OPTIONS CONSIDERED: Staff recommends adopting this resolution. Doing so would have the effect of approving and adopting the plans and specifications as well as accepting the bids and awarding a contract to the lowest responsible and responsive bidder, being JJR Construction, Inc. Also adopting the resolution would find the project to be exempt under both CEQA and NEPA regulations. FISCAL IMPACT/FUNDING SOURCE: The project is contained within the adopted Five-Year Capital Improvement Program FY 13 -14 to FY 17 – 18, which was approved by the City Council on June 25, 2013, by Resolution No. 2013-102. Sonoma County Board of Supervisors approved a Community Development Block Grant (CDBG) for the amount of $65,983 for this project. The remainder of the funding will be provided by Gas Tax. No General Fund monies are being used on this project. Department Head Approval Date: 3/10/2014 City Manager Approval Date: 3/10/2014 City Attorney Approval Date: 3/07/2014 Attachments (list in packet assembly order): 1. Resolution with exhibit A (contract) 2. Sheet 1 of 13 of the plans 1 RESOLUTION NO. 2014-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE RPX SIDEWALK ACCESS RAMPS ADA UPGRADES, PROJECT NO. 2013-04 AND AWARDING THE CONTRACT TO JJR CONSTRUCTION, INC., AND FINDING SUCH ACTION EXEMPT FROM CEQA AND NEPA WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was posted/published on February 7, 2014; and WHEREAS; in May 6, 2013, the Sonoma County Board of Supervisors approved a Community Development Block Grant (CDBG) for $65,983.00; and WHEREAS, the plans and specifications for the RPX Sidewalk Access Ramps ADA Upgrades Project No. 2013-04 were designed by City Staff, and approved by the Deputy City Engineer; and WHEREAS, the Project was advertised for bid and bids was opened on February 27, 2014; and WHEREAS, Development Services staff reviewed the bids received for responsiveness; and WHEREAS, Development Services staff determined that JJR Construction, Inc. submitted the lowest cost bid and is the lowest responsive and responsible bidder: and WHEREAS, the appropriate level of federal environmental review is a Categorical Exclusion under NEPA pursuant to 24 CFR Part 58; and WHEREAS, evidence in the record demonstrates that the Project is exempt from the requirements of the California Quality Act (CEQA); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and are hereby incorporated into this Resolution as findings of the City Council of the City of Rohnert Park. Rohnert Park City Council Agenda – March 11, 2014 ( 2 ) 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 3. The plans and specifications for the RPX Sidewalk Access Ramps ADA Upgrades, Project No. 2013-04 are hereby approved and adopted. 4. The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: a. Section 15301 of the State CEQA Guidelines, the repair and maintenance of existing public facilities, including existing streets, sidewalks, gutters and bike path, is Categorically Exempt from the provisions of CEQA (Class 1 – Existing Facilities). The project involves no expansion of an existing use. There are no federally listed or candidate species, or suitable habitat, or Critical Habitat within the construction area. There is no substantial evidence that there would be a significant adverse environmental impact associated with the project. b. Section 15302 of the CEQA Guidelines, replacement and/or reconstruction of an existing facility for the same purpose and capacity is Categorically Exempt from the provisions of CEQA. 5. The Project is Exempt from NEPA, per Section 58.34 (a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license. 6. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the bids for the RPX Sidewalk Access Ramps ADA Upgrades, Project No. 2013-04 are accepted, and that JJR Construction, Inc. is hereby found to be the lowest responsive and responsible bidder and any irregularities in such bid are waived in accordance with applicable law. 7. An agreement by and between JJR Construction, Inc. and the City of Rohnert Park for the RPX Sidewalk Access Ramps ADA Upgrades, Project No. 2013-04 in the amount of Forty-six Thousand Three Hundred Dollars and no cents ($46,300.00). 8. The City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. 8. City staff is hereby directed to issue a Notice of Award to JJR Construction Inc. for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then Rohnert Park City Council Agenda – March 11, 2014 ( 3 ) the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 25th day of March, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ CALLINAN: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) LA #4834-0043-9827 v1 C O N T R A C T ROHNERT PARK EPRESSWAY SIDEWALK ACCESS RAMPS ADA UPGRADES PROJECT NO. 2013-04 THIS AGREEMENT, made and entered into this 25th day of March, 2014, by and between J.J.R. Construction, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on March 25, 2014, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within 45 calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $1,000.00 One Thousand Dollars per calendar day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. LA #4834-0043-9827 v1 The award of the contract is for a total amount of $46,300. 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions and Technical Specifications h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings k) Funding Agreement In addition, all the provisions of the City of Rohnert Park Sidewalk ADA Improvements Project Phase 3 Agreement for Use of Community Development Block Grant Funds, FY 2013-2014 Federal Program Funds, in its entirety, are included in and made part of this contract. In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. LA #4834-0043-9827 v1 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis- Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. . 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 LA #4834-0043-9827 v1 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: LA #4834-0043-9827 v1 "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority.. In LA #4834-0043-9827 v1 addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. LA #4834-0043-9827 v1 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. LA #4834-0043-9827 v1 D Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. LA #4834-0043-9827 v1 IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK J.J.R. CONSTRUCTION ____________________________________ City Manager Date Name/Title Date Per Resolution No. 2014-______adopted by the Rohnert Park City Council at its meeting of March 25, 2014.. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney FORM A-1 To be completed by Prime Contractor CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: _______________________________________ PROJECT NUMBER: _______________________________________ This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Preconstruction Conference and the Labor Standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: ________________________________________ Payroll Officer (Name) ________________________________________ Payroll Officer (Signature) ________________________________________ IRS Employer Identification Number ___________________________________ Contractor/Subcontractor By ___________________________________ Signature ___________________________________ Title ___________________________________ Phone Number _______________________ Date FORM A-2 To be completed by All Subcontractors CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: _______________________________________ PROJECT NUMBER: _______________________________________ A copy of the Minutes of the Preconstruction Conference and the Labor Standards clauses pertaining to the project are on file with the Prime Contractor. A copy of the Federal Wage Decision applicable to this project is also available on file with the Prime Contractor. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: ________________________________________ Payroll Officer (Name) ________________________________________ Payroll Officer (Signature) ________________________________________ IRS Employer Identification Number ___________________________________ Contractor/Subcontractor By ___________________________________ Signature ___________________________________ Title ___________________________________ Phone Number _______________________ Date FORM B To be completed by Prime and All Subcontractors CERTIFICATION OF APPLICABLE FRINGE BENEFIT PAYMENTS Project Name: _____________________ Project Number: _____________________ Use this form to identify those bona fide fringe benefit plan(s) in which your employees are participating. List third party plans, funds or trustees to which your firm makes fringe benefit payments in the interest of your employees. Provide an hourly equivalent of each fringe type (in dollars). If your firm does not participate in approved fringe benefit type plans, then check the box below. Classification and Hourly Name and Address of Fringe Benefit Provided: Rate: Plan or Fund: 1) ________________ _________ ______________________________ Health and Welfare _________ ______________________________ Pension _________ ______________________________ Vacation _________ ______________________________ Apprentice/Training _________ ______________________________ ________________ _________ ______________________________ 2) ________________ _________ ______________________________ Health and Welfare _________ ______________________________ Pension _________ ______________________________ Vacation _________ ______________________________ Apprentice/Training _________ ______________________________ ________________ _________ ______________________________ 3) ________________ _________ ______________________________ Health and Welfare _________ ______________________________ Pension _________ ______________________________ Vacation _________ ______________________________ Apprentice/Training _________ ______________________________ ________________ _________ ______________________________ OR: (Check if Applicable) I certify that I do not make payments to approved fringe benefit plans, funds or programs. _____________________________ By ____________________________ Contractor Company Name Signature _____________________________ ________________________________ Phone Number Title _____________________________ Date E-51 6/04 CONTRACTORS NOTIFICATION OF SUBCONTRACTS AWARDED FORM C (One to be completed before commencement of work, one prior to final payment request, To be completed by and/or if any change or addition in subcontractors occurs.) Prime Contractor only Project Name: _______________________________ Covered Area: Sonoma County Sub-Contractor Name & Address Contract Amount Tax ID Number MBE/ WBE Yes or No Estimated Start Date End Date Crafts to be used The Undersigned hereby certifies that: 1. The Equal Opportunity clauses are indicated in each of the listed subcontracts 2. Each Subcontractor or lower tier Subcontractor has been notified in writing prior to their beginning construction, of his respective obligations under the Affirmative Action Requirements, if applicable. By: ___________________________ ______________________________ Signature General Contractor ___________________________ ______________________________ Name and Title Contractor’s Address This format meets the requirements of EO 11246 – Equal Employment Opportunity, Part III, Sec 301 as amended October 5, 1978 FORM D To be completed by Prime and All Subcontractors E-52 9/04 CLASSIFICATION/PREVAILING WAGE SHEET Prime Contractor and Sub Contractors: Please complete this form in its entirety by stating the name of the project, the Federal General Wage Decision number, Modification Number, and publication date found on the wage decision locked in for this project. List all trade classifications likely to be used on this project. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics. Project Name:_______________________________________________ General Decision CA #____________Modification #_______Publication Date: ______________ Classification Title Classification Number Wage Rate Fringe Benefit Total ____________________________________ ___________________ Contractor/Subcontractor Company Name Phone Number ____________________________________ ___________________ Authorized Signature Date FORM E To be completed by Prime and all Subcontractors Davis-Bacon Apprenticeship Training Verification & Certification The only workers who can be paid less than the wage rate on the wage decision for their work classification are “apprentices” and “trainees” registered in approved apprenticeship or training programs, including Step-Up apprenticeship programs designed for Davis- Bacon construction work. Approved programs are those that have been registered with the DOL, Bureau of Apprenticeship and Training (BAT) or a BAT-recognized State Apprenticeship Agency (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program, usually expressed as a series of percentages tied to the amount of time spent in the program. Probationary Apprentice: can be paid as an apprentice if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. Pre-apprentice: a trainee that is not registered in a program and who hasn’t been DOL or SAC certified for probationary apprenticeship is NOT considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform. Documentation of registration must be attached. Please provide a copy of the union dispatch letter of other approved program membership. Name of Union or Training Program: Telephone: Address: Fax: City, State, Zip: E-mail address: Contact Person’s Name:_________________________________________ I certify that I have read, understand, and will abide by the above requirements. Authorized Company Official Name Title Signature Date Apprentice(s) to be employed on this project: Social Security # Last Name First Name Wage Rate % Journey Rate Date Registered Form F To be completed by Prime and Subcontractors if Certified Payroll Reports are not consecutively numbered 6/04 Notification of No Work Performed There may be instances where your firm has no workers on this project for an entire work week. This form may be used to communicate that fact. (NOTE: If payrolls are numbered sequentially, this form is not necessary) Project Name: _____________________________________ Contractor Name: _____________________________________ Payroll Number: _____________________________________ Week Ending: _____________________________________ I do hereby state that I pay or supervise the payment of employees of the above mentioned contractor and that no construction workers spent time in this project for the week identified above. ______________________________________ Signature ______________________________________ Phone Number ______________________________________ Date U.S. Department of LaborEmployment Standards AdministrationWage and Hour DivisionPAYROLL(For Contractor's Optional Use; See Instructions, Form WH-347 Inst.)Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.NAME OF CONTRACTOR !!!! OR SUBCONTRACTOR !!!! ADDRESS OMB No.: 1215-0149Expires: 03/31/2003PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.(1) (2) (3) (4) DAY AND DATE (5) (6) (7)(9)(8)DEDUCTIONSOOOOOOOOFORM WH-347, Revised Nov. 1998 - FORMERLY SOL 184 - PURCHASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTSWe estimate that it will take an average of 56 minutes to complete this collection of information, including time for reviewing instructions searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection ofinformation, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U. S. Department of Labor, Room S3502, 200 ConstitutionAvenue, N. W., Washington, D. C. 20210.NAME, ADDRESS, ANDSOCIAL SECURITY NUMBEROF EMPLOYEENO. OFWITHHOLDiNGEXEMPTIONSWORKCLASSIFICATIONOT. OR ST.HOURS WORKED EACH DAYTOTALHOURSRATEOF PAYGROSSAMOUNTEARNED FICAWITH-HOLDINGTAX OTHERTOTALDEDUCTIONSNETWAGESPAIDFOR WEEKS /S /S /S /S /S /S /S / REMARKS:NAME AND TITLE SIGNATURETHE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR ORSUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE31 OF THE UNITED STATES CODE.* U.S. G.P.O.:1997 519.861Date all persons employed on said project have been paid the full weekly wages earned, that no rebates havebeen or will be made either directly or indirectly to or on behalf of said from the full(Contractor or Subcontractor)weekly wages earned by any person and that no deductions have been made either directly or indirectlyfrom the full wages earned by any person, other than permissible deductions as defined in Regulations, Part3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948,63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period arecorrect and complete; that the wage rates for laborers or mechanics contained therein are not less than theapplicable wage rates contained in any wage determination Incorporated into the contract; that theclassifications set forth therein for each laborer or mechanic conform with the work he performed.(3) That any apprentices employed in the above period are duly registered in a bona fideapprenticeship program registered with a State apprenticeship agency recognized by the Bureau ofApprenticeship and Training, United States Department of Labor, of if no such recognized agency exists in aState, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.(4) That:(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS! −in addition to the basic hourly wage rates paid to each laborer or mechanic listed inthe above referenced payroll, payments of fringe benefits as listed in the contracthave been or will be made to appropriate programs for the benefit of suchemployees, except as noted in Section 4(c) below.(b) WHERE FRINGE BENEFITS ARE PAID IN CASH! −Each laborer or mechanic listed in the above referenced payroll has been paid,as indicated on the payroll, an amount not less than the sum of the applicablebasic hourly wage rate plus the amount of the required fringe benefits as listedin the contract, except as noted in Section 4(c) below.(c) EXCEPTIONSEXCEPTION (CRAFT) EXPLANATIONI, , (Name of Signatory Party) (Title)do hereby state:(1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) ; that during the payroll period commencing on the (Building or Work) day of , , and ending the day of , , Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be c onstructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will n otify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or p art of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Previous editions are obsolete Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Previous editions are obsolete Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. San Simeon DrJacaranda StSequoia StAmberwood StJoanne CtKirsten CtC o pe land Creek Dr CivicCenter DrCountryClubdrSan Francisco Santa Cruz Count r y Cl ub Dr Enterprise S e e d F a r mHINEBAUGH CREEK Lynne CondeState Farm drRohnert Park Expwy 6 4213 5 7 & 8 HINEBAUGH CREEK CRANE CREEK400 0 400200 Fee t Pe d e stria n Acess Ramps Phase 3 PROJECT 2013-04 CITY OF ROHNERT PARK 130 Avram ave. Rohnert Park, Ca tel: (707) 588-2226 fax: (707) 794-9242 rpcit y.orgLocation Maps date: 01/16/14 drawn: sheet: 1 of: 13 . ITEM NO. 6.C.2 Meeting Date: March 25, 2014 Department: Development Services Submitted By: Richard F. Pedroncelli, Senior Engineering Technician Prepared By: Richard F. Pedroncelli, Senior Engineering Technician Agenda Title: Approve and Adopt the Plans & Specifications for the 2013 Various Streets Project Phase 2, Project No. 2012-01, and Award the Contract to Windsor Fuel Co. RECOMMENDED ACTION: 1. Approve and adopt the plans and specifications for the 2013 Various Streets Project Phase 2, Project No. 2012-01. 2. Accept the bids and award the contract for the 2013 Various Streets Project Phase 2, Project No. 2012-01 to Windsor Fuel Co., in the amount of $600,245.64 which includes the base bid amount of $476,604.29 and two alternate bid items in the amount of $100,490.40 and $23,150.95, respectively. BACKGROUND: In June 2012, staff reported to Council a multi-pronged approach to roadway maintenance over the next several years: 1. Use Federal funds to repair Federal Aid Urban (FAU) roads (generally arterials and collectors) – the only roads that can use Federal funds. 2. Repair roadways in A and B sections as part of ongoing sewer and water replacement projects. 3. Repair roadways listed in the Public Facilities Finance Plan as part of development using PFFP funds. 4. Use money that can be used on local roadways to maintain roads with a Pavement Condition Index over 50, by dig-out and crack seal one year and slurry seal the next year for a six-year cycle. The 2013 Various Streets project is a local roads project. Dig-outs and crack seal work was completed last summer. The award tonight is for slurry sealing on a number of local roadways. In addition, the project includes two alternate bid items that staff is recommending be awarded with the base bid: 1. Fog sealing some major arterials at a cost of $100,490.40. Fog sealing is a spraying of oil on the pavement to rejuvenate the asphalt surface extending the life of the pavement. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6.C.2 2. Slurry sealing two city sewer pump station properties; one on J. Rogers Lane and the other on Camino Colegio at a cost of $23,150.95. These surfaces need maintenance to preserve them. The funds for this work come from sewer enterprise funds. Bid Prices: The engineer’s estimate for the Base Bid on the project is approximately $520,305. The two Add Alternate items were estimated at $90,538.00 A summary of the Base Bids received on the project is shown in the table below: Company Base Bid Amount Windsor Fuel Co. $476,604.29 CA Pavement Maintenance $513,121.09 Sierra Nevada Construction $518,762.44 Intermountain Slurry $522,542.84 Graham Contractors $723,153.36 VSS International No Bid ANALYSIS and OPTIONS CONSIDERED: Staff prepared plans, specifications and a final cost estimate; prepared the bid package; and administered the bidding process. The bids were received and opened on February 27, 2014. The low bidder is Windsor Fuel Co. Staff reviewed the bid and finds that Windsor Fuel Co. is both responsible and responsive to the bid. The 2013 Various Street project is included in the approved Capital Improvement Program and funding will cover the cost of this work, less the work on the sewer pump station properties, which is coming from the sewer fund. Staff considered the alternate bid items and recommends award of both. 1. Fog sealing some major arterials at a cost of $100,490.40. These roads include Commerce, RPX, Redwood, Golf Course and Country Club. The roads received an overlay in 2007 and 2008, which was a major investment for the City. This work is the initial step in preserving that investment. 2. Slurry sealing two city sewer pump station properties; one on J. Rogers Lane and the other on Camino Colegio at a cost of $23,150.95. These surfaces need maintenance to preserve them. The funds for this work come from sewer enterprise funds. Staff believes that by bundling this work with the streets project we have saved on the contract price of the work and certainly saved on the administration and soft costs for the project. ITEM NO. 6.C.2 ENVIRONMENTAL REVIEW This project is intended to rehabilitate existing paved surfaces, with no expansion of those roadways or capacity. All work will occur inside the existing paved surfaces and right of way. There are no federally listed or candidate sp ecies, or suitable habitat or Critical habitat within the construction area in this developed area. The project is categorically exempt under CEQA in accordance with Section 15301 and 15302 of the State CEQA Guidelines, which exempt the repair/maintenance and replacement/reconstruction of existing public facilities, including existing streets, sidewalks, gutters and bike paths. FISCAL IMPACT/FUNDING SOURCE: The funding sources for this project are Gas Tax, Prop 42, Road Refuse Impact Fund and a Transportation Fund for Clean Air (TFCA) Grant. The Sewer Fund will pay for the Add Alternate, “Type II Slurry Seal, City sewer Pump Station properties”. No General Funds or discretionary monies are funding this project. The project is included in the City’s Capital Improvement Program budget. Department Head Approval Date: 3/10/2014 City Manager Approval Date: 3/10/2014 City Attorney Approval Date: 3/07/2014 Attachments (list in packet assembly order): 1. Resolution 2. Draft Contract (AKA Exhibit “A” to the Resolution) 3. Sheets 1, 2 and 3 of 10 of the Project Drawings 1 RESOLUTION NO. 2014-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE 2013 VARIOUS STREETS PROJECT PHASE 2, PROJECT NO 2012-01, AWARDING THE CONTRACT TO WINDSOR FUEL CO., AND FINDING THE PROJECT EXEMPT FROM CEQA WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was posted/published on January 24, 2014; and WHEREAS, the plans and specifications for the 2013 Various Streets Phase 2 Project 2012-01 were designed by City Staff, and approved by the Deputy City Engineer; and WHEREAS, the Project was advertised for bids and bids were opened on February 27 , 2014; and WHEREAS, five (5) bid proposals were received for the 2013 Various Streets Phase 2 Project 2012-01 ranging in price from $476,604.29 to $723,153.36; and WHEREAS, Development Services staff reviewed the lowest bid for responsiveness; and WHEREAS, Development Services staff determined that Windsor Fuel Co. submitted the lowest cost bid and is the lowest responsive and responsible bidder. WHEREAS, the evidence in the record demonstrates that the Project is exempt from the requirements of the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows. 1. The above recitals are true and correct and are hereby incorporated into this Resolution as findings of the City Council of the City of Rohnert Park. 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 3. The plans and specifications for the 2013 Various Streets Phase 2 Project No. 2012-01 are hereby approved and adopted. 2 4. The 2013 Various Streets Phase 2 Project No. 2012-01 is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: a. Section 15301 of the State CEQA Guidelines, the repair and maintenance of existing public facilities, including existing streets, sidewalks, gutters and bike path, is Categorically Exempt from the provisions of CEQA (Class 1 – Existing Facilities). The project involves no expansion of an existing use. There are no federally listed or candidate species, or suitable habitat, or Critical Habitat within the construction area. There is no substantial evidence that there would be a significant adverse environmental impact associated with the project. b. Section 15302 of the CEQA Guidelines, replacement and/or reconstruction of an existing facility for the same purpose and capacity is Categorically Exempt from the provisions of CEQA. 5. In accordance with California Public Contract Code Section 20160 and following any other applicable laws, the bids for the 2013 Various Streets Phase 2 Project No. 2012-01 are accepted. Windsor Fuel Co. is hereby found to be the lowest responsive and responsible bidder and any irregularities in such bid are waived in accordance with applicable law. 6. An agreement by and between Windsor Fuel Co. and the City of Rohnert Park, a municipal corporation, for the 2013 Various Streets Phase 2 Project No. 2012-01 is hereby authorized and approved for the amount of the Base Bid and Add Alternate Bid Items in the amount of Six Hundred Thousand Two Hundred Forty-five Dollars and Sixty-four Cents ($600,245.64). 7. The City Manager is authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit “A”, subject to minor modifications by the City Manager or City Attorney; and is also authorized to approve cumulative contract change orders up to ten percent (10%) of the value of the original contract. 8. City staff is hereby directed to issue a Notice of Award to Windsor Fuel Co. for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. 3 DULY AND REGULARLY ADOPTED this 25th day of March, 2014. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk LA #4834-0043-9827 v1 C O N T R A C T 2013 VARIOUS STREETS PREVENTATIVE MAINTENANCE PROJECT NO. 2012-01, Year 2 THIS AGREEMENT, made and entered into this 25th day of March, 2014, by and between Windsor Fuel Company, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on March 25, 2014, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within 90 calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $1,000 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $600,245.64. LA #4834-0043-9827 v1 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. LA #4834-0043-9827 v1 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). . 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. . 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the LA #4834-0043-9827 v1 request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. LA #4834-0043-9827 v1 The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority.. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for LA #4834-0043-9827 v1 material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense LA #4834-0043-9827 v1 of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. LA #4834-0043-9827 v1 G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK WINDSOR FUEL COMPANY ____________________________________ City Manager Date Name/Title Date Per Resolution No. 2014-______adopted by the Rohnert Park City Council at its meeting of March 25, 2014. ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney £¤101 ProfessionalC e n te rD r StateFarmDrClassic CtJoanne CtKirsten CtCivic CentCountryClubCommerce Country Club DrCommerce BlvdSouthwest Blvd Rohnert Park Expy Commerce BlvdRedwood DrRoberts Lake RdG o l f C o u r s e B l v d . 860 0 860430 Feet 2013 Various Streets Phase II Project 2012-01 Fog Seal Streets2 of 10See project specifications for more information relating to this work COMMERCE BLVD AT 101FREEWAY RAMPS PAVEMENT MARKINGS SEE SHEET FOR DETAILSBUS STOP RESTRIPESEE SHT.SHEET89 £¤101Hillview CtGraceGraywhaler LnAvenidaCalaCalaCieloCountryClubSnyder LnSouthwestBlvdCommerceGolf Course DrHolly AveGrangeHoney BrookMitchell DrLacrosseLassenEmily AveRohnert Park ExpyC a m in o C o legioSnyder LnCamino Corto Coronado CtLancewood CtLightwood CtLoadstone CtCapri WayCloister CtHawthorneGilfordGloriaGroveHermitageEileenMaureenCarlitaCamino CoronadoMammothM a u r ic eGarmont LilacL u n a rL a u re lw o o d SEWER PUMP STATION201 J.ROGERS LNSEWER PUMP STATION8661 CAMINO COLEGIOEmily AveMitchell DrMonet PlHeritage LnMaria PlGary CtHeartwood DrMallory PlGraymill CtEvonne AveGarfield CtE llis S tGretchen CtMuir PlMarigold PlHacienda CirMarcel PlMariner PlMarlin PlMathias PlMiramonte PlMontana PlMary PlL o rd s M a n o r W a y Elvera St1,000 0 1,000500 Feet2013 Various Streets Phase IIProject 2012-01Local Roads for Slurry Seal 3 of 10SHEETSEE SHEETS THROUGH FOR WORK ON SOUTHWEST BL47 3 existing Speed Humps on Camino Coronadoshall be painted pursuant toCAMUTCD standard 3B-31 Wood Streetlight Replacement Area we are discussing Existing Lights Wood Pole Direct Burial Hollow inside The Conversation The wooden streetlights are nearing the end of their useful life. How can we replace the wooden streetlights before they fail? Solution Do a big CIP project to replace all the existing wood pole streetlights The Project A project needs a source of funding Funding available – gas tax Funding Gas Tax cannot be used for decorative lights To replace the existing decorative lights with decorative lights we must use other funds such as General Fund monies Proposed Lights Standard LED Like D section Why the Proposed Change? It is really about having a source of money to fund the replacement Other Considerations Decorative lights cost 25% to 40% more Example contract costs: ◦Standard LED (Wilfred) - $4,000 ◦Decorative (City Center) - $5,600 ◦Decorative (F Section) - $7,000 Other Considerations Standard lights cost 30% to 50% less to operate Standard lights cost about 60% less to maintain Other Considerations Better lighting Potential additional savings if we match lighting level (color rendering would still be better) LED Streetlight HPS Streetlight Proposed Plan Start designing this summer Develop a replacement standard Replace as needed until 2016 Big project in 2016 Public Outreach Outreach is important Approach will reflect authorization Questions? ITEM NO. 7 1 Meeting Date: March 25, 2014 Department: Development Services Submitted By: Patrick Barnes, Deputy City Engineer Prepared By: Patrick Barnes, Deputy City Engineer Agenda Title: Authorize Wooden Streetlight Pole Replacement Project and Strategy RECOMMENDED ACTION: 1. Authorize staff to begin design on a pole replacement project using gas tax monies and replacing the existing lights with cobra head style LED fixtures. 2. Authorize staff the flexibility to reduce the number of streetlight poles to match or exceed existing average and minimum phototopic light levels. 3. Authorize staff to remove failing poles and replace them with LED cobra head lights until the larger project is awarded. BACKGROUND: Council and staff have previously discussed the need to replace wood pole streetlights in F and H sections. These are direct burial wood poles, lacking a separate concrete foundation. As such the wood is beginning to deteriorate and the soil around the poles has become loose. Public Works is currently replacing these streetlights individually as problems arise. Since Public Works does not have the manpower or equipment to do this type of work, it is contracted out. There are about 192 wood pole streetlights that need to be replaced. A map showing the affected streets is attached. The current wood poles are “decorative” street lights in that they are not standard cobra head lights. A picture of this style light is attached. The direct burial wood poles were likely a cost saving measure for the developer. In addition, the current fixtures provide substandard and spotty illumination and are relatively expensive to maintain. Engineering, Public Works and Finance have discussed this problem and decided we need a concentrated, planned effort for replacement. ANALYSIS: Staff recommends replacing the exiting streetlights with LED cobra head fixtures. These are fixtures similar to those installed in D section as approved by Council in 2012. The third picture attached is one of these streetlights in D section. These are also the same lights used in the Wilfred Widening project. There are a number of reasons that the existing lights should be replaced with standard LED cobra head fixtures these include: Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7 2 1. Funding restrictions on Gas Tax does not allow Gas Tax to be used for decorative lights. Gas tax can only be used for standard cobra head fixtures. Funding for decorative lights would need to come from another source such as the General Fund. 2. Decorative lights, installed for long term maintenance, are more expensive than standard lights. Based on the costs per pole of two recent projects, decorative lights are 25% to 40% more expensive than standard lights. The project cost differential would be more than $300,000. 3. Standard lights are more suitable for LED technology. Decorative lights generally have more glare than standard lights. LED glare is particularly harsh and therefore LED technology is not recommended for most decorative lights. Using LED technology will result in 30% to 50% lower electrical costs and 60% lower maintenance costs than HPS lighting. 4. Standard streetlights provide better illumination of the roadway and they create less glare. Put another way, standard street lighting creates a safer illuminated roadway. Standard lighting best corresponds with our vision to have a safe and enjoyable place to live, work and play. Plan for Replacement Staff plans to begin design of the streetlight replacement in 2014/2015. The cost of replacing all poles using this method is estimated at $1.25 million. Gas Tax is committed for the summers of 2014 and 2015. For the summer of 2014, we have awarded a contract to slurry seal roads that had pothole repair last year. In 2015, we are using Gas Tax as part of our federal grant match for the Rohnert Park Expressway overlay project. Therefore, the actual replacement project will occur in the summer of 2016. While the poles are being replaced, there will be a reduction in funding for road maintenance. Staff will use limited funding from the refuse franchise tax to fund limited local street repairs. Staff will discover some streetlights that should be replaced before 2016. These will be removed and replaced with standard LED cobra head lights. The lights would not match existing streetlights, but they would improve lighting and Gas Tax can be used for this replacement. There is currently a backlog of eight of these lights. Upon authorization staff will begin to replace these streetlights. As noted above standard cobra head lights provide better light than decorative fixtures. Depending on the subsurface conditions, there may be an opportunity to reduce the number of streetlights and still meet or exceed the existing average and minimum phototopic light levels. As discussed in previous Council meetings, LED technology generally provides better visibility at the same phototopic light level, so visibility could increase compared to the existing lighting. Designing toward existing lighting levels could result in additional savings to the project. It would also result in future operation and maintenance savings. Staff is requesting the flexibility to reduce the number of streetlights if it is cost effective and results in no reduction in existing average or minimum phototopic light levels. ENVIRONMENTAL ANALYSIS: The allocation of Gas Tax funds is Categorically Exempt from the provisions of CEQA pursuant to Section 15378(b)(4) CEQA Guidelines, as it is a government funding mechanism. The street light replacement project is Categorically Exempt from the provisions of CEQA pursuant to Sections 15301 and 15302 of the CEQA Guidelines, as it involves the repair/maintenance and replacement and/or reconstruction of an existing facility for the same purpose and capacity. ITEM NO. 7 3 ALTERNATIVES CONSIDERED: Staff considered replacing the existing lights with decorative lights, but for the many reasons mentioned previously there is a unanimous consensus that standard lights are a better and lower cost option. Staff also considered replacing the light poles as each approaches failure. While this would spread out the cost of replacement over a number of years, this approach would cost the City about $400,000 more over the long run. It would also lead to a hodgepodge light fixtures that would be less than aesthetically pleasing. In addition, staff does not believe that this would extend the project over many years since by 2016 most of the streetlights will be nearing the point they should be replaced. FISCAL IMPACT/FUNDING SOURCE: Funding for this project would come from the gas taxes fund. This will reduce long term operating and maintenance costs for street lights. Roads maintenance will be reduced for a limited period of time which will slightly raise the unfunded liability in roads maintenance. Department Head Approval Date: 3/20/14 City Manager Approval Date: 3/20/14 City Attorney Approval Date: 3/20/14 Attachments (list in packet assembly order): 1. Pictures of existing streetlights 2. Map of streetlight area ITEM NO. 7 4 ITEM NO. 7 5 ITEM NO. 8 1 CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: March 25, 2014 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: Carrie Willis, Administrative Assistant Agenda Title: Board/Commission/Committee Appointment RECOMMENDED ACTION: Consider nomination for and make appointment to fill a current vacancy on the Senior Citizens Advisory Commission for a term expiring on December 31, 2014. BACKGROUND: The City Clerk’s office has distributed and posted notices of a vacancy since September 2011. On March 20, 2014 the City Clerk’s office received the attached Fact Sheet Application from Thomas Hannan seeking appointment to the Senior Citizens Advisory Commission. Individuals appointed to this commission must be residents of Rohnert Park and sixty (60) years of age or older. Attachments (list in packet assembly order): 1) Completed Fact Sheet SENIOR CITIZENS ADVISORY COMMISSION Five Two-year Terms Necessary qualifications: Current Rohnert Park residents, who are 60 years old or older, are eligible. Preference is given to citizens indicating an interest in identifying the needs of the elderly of the community and creating citizen awareness of these needs. MEMBERS Initial Nomination by: Date of Last Appointment Date Current Term Expires Current Nomination by: Ackerman, Marion Mackenzie Dec-12 Dec-14 Mackenzie Sampson, Elaine Vidak-Martinez Dec-12 Dec-14 Stafford Schwanke, Roger Ahanotu Dec-12 Dec-14 Ahanotu Welch, Alan Belforte Dec-12 Dec-14 Belforte Vacant Callinan Dec-14 Callinan ITEM NO. 9 1 Meeting Date: March 25, 2014 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works & Community Services Agenda Title: Consideration of Sonoma County Water Agency (SCWA) FY 2014/15 Budget - Council Direction to Water Advisory Committee Representative for Advisory Vote RECOMMENDED ACTION: Staff recommends that the City Council direct the City’s Water Advisory Committee (WAC) Representative to vote to recommend that the Sonoma County Water Agency Board adopt the proposed Sonoma County Water Agency FY 14-15 Budget. BACKGROUND: The City of Rohnert Park and seven other agencies are Prime Contractors of the Sonoma County Water Agency. Their contractual relationships are governed by the Restructured Agreement for Water Supply (Restructured Agreement) adopted in 2006. The Restructured Agreement lays out SCWA budget appropriations each year and provides for an advisory vote of the Water Advisory Committee (WAC) — a committee of one representative from each Prime Contractor. The vote is scheduled for April 7, 2014. The SCWA budget was presented to the City’s Water Issues Sub-Committee on March 18, 2014. The Water Issues Sub-Committee is recommending that the City Council direct the City’s WAC representative to vote to approve the proposed SCWA budget on behalf of the City of Rohnert Park. ANALYSIS: The Restructured Agreement requires that the wholesale water rates be calculated using the lower of the last three years average of water sales or the last twelve months of water sales. Additionally, per the Restructured Agreement, “if because of drought or other water-supply reduction…the Sonoma County Water Agency may use a different {water delivery} amount with the prior approval of the Water Advisory Committee.” The proposed FY 2014-15 rates are shown in the attached table for a reduced delivery scenario of 46,000 acre feet (AF). Per the Restructured Agreement, water deliveries would normally be projected to be 51,211 AF which is the previous 3-year water delivery annual average. The proposed budget reflects a lower water delivery of 46,000 AF commensurate with voluntary water use reductions in response to the drought. The Technical Advisory Committee (TAC) has recommended using the reduced delivery of 46,000 AF as a budgetary parameter for projecting revenue from water sales. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 9 2 Lower budgeted water deliveries would result in less projected revenue. Using 46,000 AF deliveries, the SCWA Water Transmission System Fund revenues are budgeted to decrease $1M from FY 2013-14. Reducing water deliveries to 46,000 AF would ordinarily increase rates by 12-13%. The Water Agency is proposing the following actions to reduce the financial impact of anticipated lower revenues: 1. Use of $6.6M in reserves, if deliveries exceed 46,000 AF, the revenue collected will be used for future projects and to smooth FY 2015-16 rates. 2. Reduced capital replacement charge from $29.00 to $19.50 per AF. The overall draft proposed rate increases for deliveries of 46,000 AF are: • 3.19% (Sonoma Aqueduct), and • 3.60% (Santa Rosa and Petaluma Aqueducts). Rohnert Park receives Water Agency water supply from the Petaluma Aqueduct. The proposed budget also includes debt service savings from the refinance of approximately $140,000 per year over the life of the bonds (mature 6/30/2033). Last fiscal year Rohnert Park purchased 3,839 AF of water from SCWA. If water purchased in FY 2014-15 matches FY 2012-13, then the proposed rate adjustment will cost Rohnert Park’s water utility $98,000 more in FY 2014-15. Development of a water rate financial plan in FY 2014-15 to deal with the increased water system costs is something for further consideration and discussion. Staff has begun an initial review of Water Fund. OPTIONS CONSIDERED: Rohnert Park does have the option of voting against recommending approval of the budget. This option is not advised because the budget is consistent with the Restructured Agreement; SCWA is keeping its operating and maintenance costs in check and is using reserves to minimize the impacts of lower revenue from water sales to its Prime Contractors. FISCAL IMPACT/FUNDING SOURCE: While the vote is advisory and will therefore have no direct fiscal impact, if the SCWA Board approves the budget, the impact to Rohnert Park would be approximately $98,000. Department Head Approval Date: 3/19/14 City Manager Approval Date: 3/20/14 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. FY 14-15 Water Transmission Budget Summary Economic Development Framework Carrying out the Mission Background •Economic Development Team established •Reviewed three adopted economic development plans since 2007 Economic Development Framework Business Retention and Expansion Business Retention and Expansion Outreach Capital Business Retention and Expansion •Business Outreach •Access to Capital Business Attraction Sites Business Attraction Marketing •Marketing Rohnert Park •Connecting Businesses with Sites Business Attraction Tourism Tourism Marketing Events Venues Tourism •Regional Marketing •Community and Tourism •Events •Additional Venues ITEM NO. 10 1 Meeting Date: March 25, 2014 Department: Administration Submitted By: Darrin Jenkins, City Manager Agenda Title: ECONOMIC DEVELOPMENT FRAMEWORK Consideration of and provide direction on the Draft Economic Development Framework which focuses on business retention and expansion, business attraction, and tourism in efforts to develop Rohnert Park’s economy RECOMMENDED ACTION: Council consideration and direction on a draft Economic Development Framework. BACKGROUND: The City’s Economic Development Team (EDT)—comprised of City Manager Darrin Jenkins, Int. Development Services Director Marilyn Ponton and Senior Analyst Bryce Atkins—formed to undertake the duties of developing our local economy. In preparing for this task, the EDT reviewed past planning efforts related to economic development. The EDT found that there were three plans developed by the City between 2007-2011. The plans varied in their level of analysis but generally were very detailed and included a myriad of wide-range of activities and proposals. The plans provide useful background. The EDT chose to develop an Economic Development Framework (ED Framework) instead of yet another a detailed plan. Stated simply, the season for planning is over, and now is the season for doing. The ED Framework is based upon these past adopted plans and provides a higher degree of focus onto core elements for Rohnert Park’s economic success. ANALYSIS: In developing the ED Framework, the EDT identified three core elements: business retention and expansion, business attraction, and tourism. Business Retention and Expansion Accounting for approximately 76% of new jobs and capital investments 1, existing businesses are the foundation to Rohnert Park’s economy. Aiding our local businesses to remain in Rohnert Park, and to expand, presents one of the greatest prospects to developing our local economy. The 1 Source: Blane, Canada Ltd. “Business Retention and Expansion” Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 10 2 Framework presents conducting business outreach and facilitating between sources of capital and local businesses as the two activities to undertake to encourage the success of our local economy. Business Attraction In the same vein, business attraction accounts for another 15% of new jobs and capital investment. Bringing into our local economy new businesses provides not only jobs, but also consumer options, and generally increases access to goods and services that may not currently be present in the local market. Marketing Rohnert Park and connecting businesses with sites are activities that the EDT is suggesting would aid in encouraging business to locate in Rohnert Park. Tourism Tourism has been identified as a focus sector, and the third core element for the Framework. Tourism has the added advantage of bringing in people from other communities who will spend their money earned elsewhere in our community, and will provide an opportunity for others to see that Rohnert Park is a great place to live and conduct business. Tourism has grown significantly in the region and Rohnert Park can capitalize on this growth. The proposed activities involve marketing Rohnert Park through other regional tourism efforts, continuing and expanding community and tourism events, and working to attract additional venues. ED Framework The ED Framework focuses on simplicity and leverages staff resources to generate the most positive impact. Staff is already undertaking the activities and attached is a summary of recent activities. OPTIONS CONSIDERED: The following other options were considered: 1. Creating another economic development plan. This option was considered early in the process, but upon research showing that there were already 3 plans adopted by Council, another plan was not needed, nor really appropriate. Currently, the issue is not planning, but acting on those plans. 2. Utilizing adopted plans as written. This option was considered, but the planning documents are too inclusive and written up to 6 years ago. The plans attempt to encapsulate everything that is economic development, which leaves little focus for implementing the strategies. By limiting the focus, it allows greater movement and progress on the core aspects of developing the local economy. ENVIRONMENTAL REVIEW: ITEM NO. 10 3 Environmental review is not applicable at this time because the proposed framework does not authorize, nor constitute, a project as defined in the California Public Resources Code, Section 21065. FISCAL IMPACT/FUNDING SOURCE: No direct fiscal impact associated with adopting the ED Framework. Existing staff will implement the ED Framework. However, the marketing aspects of the plan will require financial resources. If the City Council supports the ED Framework, staff intends to include a program budget for economic development in the FY 14-15 budget process for City Council consideration. Department Head Approval Date: N/A City Manager Approval Date: March 19, 2014 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Draft Economic Development Framework 2. 1st Quarter 2014 Staff Update on Economic Development DRAFT 3/12/2014 Economic Development Framework March 2014 DRAFT 3/12/2014 2 Economic Development Framework Background Since 2007, the City of Rohnert Park has generated 3 documents relating to Economic Development, an Economic Development Action Plan in 2007, and two Economic Development Plans in 2010 and 2011 (all attached in the appendices). Recognizing that plans are already adopted, the Economic Development Team decided to review each document, and define a better focus on the economic future of the City, what has been achieved by the City in the past, and what still remained to be accomplished. The Economic Development Team has chosen to pursue the activities listed in the economic development plans, in a manner that focuses the efforts into three key focus areas: Business Retention and Expansion; Business Attraction; and Tourism. These three areas cover the breadth of economic development: keeping and aiding local businesses to expand, bringing in new business, and maximizing the benefits of the growing tourism industry in the region. Below is a graphic depicting the elements of these key areas, with descriptions following. Economic Development Core Framework Business Retention and Expansion Rohnert Park Economic Development Framework Business Attraction Tourism Outreach Capital Sites Marketing Marketing Events Venues DRAFT 3/12/2014 3 Business Retention and Expansion In this focus area, the aim is to keep our existing local businesses located in Rohnert Park, and to find ways to aid their expansion of business operations. In short, it is to help enable our businesses to do well. To succeed in this focus area, the Economic Development Team will be working on the following efforts to retain and expand our local businesses: 1. Business Outreach – regularly communicating, through corresponding and meeting with local business owners and operators, to learn how local businesses are doing, what is working well for them, what challenges they are experiencing, what their long-range business goals are, and what is needed for them to see success, and by extension, enhance Rohnert Park’s success. 2. Access to Capital – Having the adequate monetary resources to have a business grow and develop is essential. One challenge for small business owners is having the time to research and submit to financial institutions, investors, and other sources of capital for the money to expand their operations. By acting as a facilitator between these sources of capital, and the local businesses of Rohnert Park, the City would then help provide a crucial link needed for economic success in the community. Business Retention and Expansion Outreach Capital DRAFT 3/12/2014 4 Business Attraction In addition to expanding our already existing businesses in the City, attracting new businesses is beneficial both to the local economy, and Rohnert Park residents. By having businesses locate commercial and industrial ventures in the City, more products and services, both in quantity and variety, are available for our residents. Additionally, it brings in more jobs, and entices other businesses to look at Rohnert Park for locating their operations. In order to attract outside businesses to Rohnert Park, the Economic Development Team will be: 1. Marketing Rohnert Park – In order for outside businesses to know how beneficial locating in Rohnert Park can be, and all the advantages of doing so, they must be informed. This will be done through an expanded effort to market the City of Rohnert Park to outside businesses. This marketing campaign will have facets that will be directly conducted by the team, as well as having some marketing processes operated in conjunction with local partners. 2. Connecting Businesses with Sites – The Economic Development Team will work with businesses to facilitate meetings and information to help the business secure new sites that meet their business needs. This can include both recruiting businesses for specific sites, and helping businesses to locate sites that meet their needs. By making it the easiest process to locate in Rohnert Park, it will increase the potential success for securing a new business in town, as well as share the message that Rohnert Park is one of the best communities to conduct business in. Business Attraction Sites Marketing DRAFT 3/12/2014 5 Tourism The third focus area is a specific industry field that is seeing an ongoing increase in the regional economy. Tourism has increased substantially over the past several years, and will likely continue to do so for years to come. Rohnert Park, although having tourism potential, has not become a regional competitor to attract tourists. This is something that the Economic Development Team will address through: 1. Regional Marketing – Targeted marketing of tourism, entertainment, and hospitality opportunities for tourists to visit is the core of capitalizing on this booming industry. By integrating our venues into Sonoma County efforts to market to tourists, Rohnert Park will be more recognized as a place for tourists in Sonoma County. 2. Community and Tourism Events – Tourism is focused on people seeking to experience recreation, relaxation, excitement, and/or entertainment opportunities. Events, both one-time and recurring, provide a great opportunity to attract tourists from outside communities to experience Rohnert Park, and spend some of their hard earned money in our City, instead of their own. By working with local entities through collaborative partnerships, the Economic Development Team will focus on both marketing these events, as well as assisting in sustaining them to continue attracting ongoing tourism. 3. Additional Venues – Tourism focuses on destination locations. By encouraging the development and operations of more venues, including restaurants, spa hotels, and other tourist offerings, we will increase the likelihood that tourists select Rohnert Park to visit, and thereby increase the revenue brought into our community from outside the City. Tourism Tourism Marketing Events Venues City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 M E M O R A N D U M Date: March 25, 2014 To: City Council From: Darrin Jenkins, City Manager Marilyn Ponton, Interim Development Services Director Bryce Atkins, Senior Analyst RE: 1st Quarter 2014 Staff Update on Economic Development Below is a listing of activities undertaken relating to economic development. They are presented in the same categories as the draft Economic Development Framework, as the activities have been following these same focus areas. Business Retention and Expansion • Chamber of Commerce – Speaker at Noon Times presenting staff’s ideas about economic development, attended mixers, and will be staffing a City booth at the Chamber Business Showcase on May 1st • Participated in a radio show as guest speaker on KSRO Loan Show • Held a Distillers and Brewers Forum on January 31st to assist in these organizations to interact and support each other, as well as learning about their business and developing means to aid in their presence in regional marketing efforts for tourism • Guest speaker at Rancho Cotati Rotary presenting staff’s ideas about economic development • Met with Meridian Property Company regarding tenant improvements of the second floor of the “Kaiser Building” at 5900 State Farm in anticipation of purchase of the building Business Attraction • Began direct sales approach, first approaching IKEA, and currently developing marketing/sales packages for other large-presence, regional-commercial enterprises • Attending the Board of Realtors meeting on March 20th • Met with 3 Uncles Brewery, Cultivate Brewery, and Innovative Brewery on potential locations in Rohnert Park • Met with Flipside Brewery on their location at the old Latitudes location • Met with Ken Porter on the South East Specific Plan regarding purchase of the commercial corner within the plan • Provided water usage and disposal information for an anonymous tenant relocation to Sonoma Mountain Village • Met with America’s Tire regarding the vacant parcel at the entry of Hampton Inn on Redwood Drive • Received Proposals for Brokerage and Appraisal Services • Met with City Ventures on development of property in the University District Specific Plan • Met with Jump Highway, an indoor trampoline center located in Fairfield, who are in negotiations on leasing space at the former University of Sports location Tourism • Took a tour of The Barlow, a mixed-use development, with their property manager, relating to its development, marketing, and general business plan and approach • Attended the Sonoma County Tourism Board’s Annual Report and Meeting, and examined other communities’ marketing efforts • Met with representatives regarding a summer concert series at Sonoma Mountain Village Update to Sign Regulations Public Hearing City Council March 25, 2014 Subject Consider amendments to sign regulations ◦Chapter 17.27 Signs (and 17.04 Definitions) ◦Casino Mitigation Implementation Plan ◦Planning Commission recommends approval City Council discussed February 25, 2014 Why update? ◦Address new trends ◦Simplify and streamline process ◦Strengthen provisions ◦Create a more legally defensible code Quick summary of all changes (1 of 2) New definitions (17.04.030) – improved to help with code interpretation New purpose statements (17.27.010) – will help when making approval findings Applicability (17.27.020 & .030) – more transparent / user-friendly process Sign Programs (17.27.040) – will apply to more projects Exempt signs (17.27.050) – campaign signs, special events signs, etc. (see next slides) Quick summary of all changes (2 of 2) Prohibited signs (17.27.060) ◦New prohibited signs related to driver distractions (e.g. moving signs, flashing lights) ◦Hand-held signs–no changes (see next slide) General standards (17.27.070, 080 &120) ◦New sign maintenance and design provisions to help with code enforcement ◦Standards organized into new tables ◦Other minor changes (e.g. awning signs) City Council Direction – 2-25 Agreed with Planning Commission: ◦Sign program – expand applicability ◦Information signs – clarified regulations ◦Flags – expand number allowed, add safety rules Recommend different approach for: ◦Handheld signs ◦Campaign signs ◦Special event signs Hand-held Signs Discussed possibly prohibiting hand-held signs (“sign-spinners”) Consensus was to not prohibit Not considered a problem now No public safety concerns ◦Verified by Public Safety Department Campaign Signs Planning Commission recommendation included size limits on campaign signs Consensus of the Council was to not add size limits or limit the number of signs per parcel Special Event Signs Placement of non-profit banners Currently 4 locations 1.Commerce/Golf Course road construction has reduced area for sign placement Consensus of the Council was to keep the location available 2.SW corner Redwood/Golf Course Drive West Will be eliminated from zoning ordinance New commercial construction coming to this location No longer a good location for non-profit banners 3.W side of Commerce (near Arlen/101) 4.NE corner E.Cotati/Snyder Other changes Allow all non-profit organizations holding Rohnert Park event to post banners Currently only Rohnert Park based organizations qualify Analysis What does update accomplish? Creates more user-friendly regulations ◦Improved application process ◦Slightly more signage allowed ◦Reformatting / reorganization (readability) Provides more legally defensibility ◦New definitions ◦Purpose statements ◦When does code apply? – clarified ◦Appeal provisions added Analysis What does update accomplish? Helps with code enforcement ◦Design requirements improved ◦Sign maintenance provisions added ◦Sign removal provisions improved Public safety enhancements ◦List of prohibited signs expanded (if related to driver distraction) ◦More directional signs permitted ◦Standards added to address safety concerns (e.g. metal flag poles) Recommended Action Adopt Resolution No. 2014-030 ◦Initial Study and Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulations Introduce Ordinance No. 876 ◦Amend Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) of the Zoning Ordinance to update sign regulations Second reading (adopt) - April 8, 2014 Effective 30 days after adoption ITEM NO. 11 1 Meeting Date: March 25, 2014 Department: Development Services Submitted By: Marilyn Ponton, Int. Development Services Director Prepared By: Jeff Beiswenger, Planner III Agenda Title: INTRODUCTION OF ORDINANCE - AMENDING ZONING REGULATIONS RELATED TO SIGN REGULATIONS Adoption of a Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulations; Introduction of Ordinance - Rohnert Park Municipal Code Chapter 17.04 (definitions) and 17.27 (signs) of the Zoning Ordinance to update sign regulations (File PL2013-029MC) RECOMMENDED ACTION: 1. Resolution– Adopting the Initial Study and Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulations, and 2. Ordinance No. 876 – Introduction of an Ordinance Amending Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) of the Zoning Ordinance to update sign regulations. BACKGROUND: Staff has prepared updates to the City’s zoning ordinance regulations related to signs. The updates are part of the Casino Mitigation Implement Plan for Fiscal Year 2013-14. The increased commercial activity expected will result in request for new and replacement signage. The current regulations should be updated prior to the expected influx of new commercial activity. The Planning Commission held public hearings and discussed this item on November 14, 2013 and January 23, 2014 and adopted a resolution recommending approval of the signage regulations by the City Council. The proposed revisions were presented to the Council at its meeting on February 25, 2014 and the Council’s direction from that meeting has been incorporated into the proposed ordinance PROJECT SUMMARY Regulations relating to signs within the City of Rohnert Park are included within Chapter 17.27 Signs of the Zoning Ordinance (Title 17 of the Municipal Code) and signage definitions are included within Chapter 17.04. These provisions apply to all signs within the City. The purpose of the revisions are to better address new sign types and technologies that have emerged over the Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 11 2 past several years, provide more enforceable sign code provisions, create a more user-friendly code that is more readable and easier to understand and interpret. A summary of the proposed amendments is included as Attachment 1 to this staff report. These changes were discussed at the February 25, 2014 City Council meeting where the Council provided input on key topics, as follows: • Sign program. The City Council concurred with the Planning Commission recommendation to apply sign program requirements to shopping centers with three or more tenants, buildings greater than 20,000 square feet in size and development sites greater than two acres in size. • City information signs. The current sign code combines city information signs (e.g. “Welcome to Rohnert Park”) with on-site directional signs for individual developments (e.g. “Enter Here”). The new code language will split these very different sign types into separate code sections. • On-site directional signs. The new code language specifies the maximum size of on-site directional signs. This sign type is not intended to be used for commercial advertising, but only to help drivers navigate the site. • Hand-held signs. A suggestion was made to add this sign type to the list of prohibited signs. It would have banned the practice of “sign twirling.” The consensus of the City Council was to not include this provision in the code. • Flags. New provisions to allow more types of flags on private property have been added, along with new limits to address public safety concerns. For example, flag poles over 12 feet in height would be required to be constructed out of metal (versus wood) to avoid breakage in high winds. • Campaign signs. Staff proposed placing limits on the number and size of campaign signs. The code currently does not have any limits on the size of these signs. The consensus of the Council was to not add size limits or limit the number of signs at this time. • Special event signs. The proposed sign regulations increase the permitted size of special event banners from 24 square feet to 32 square feet and eliminate one of the locations for banners (Southwest corner of Redwood Drive and Wilfred Avenue). The Planning Commission had recommended eliminating the Westside of Commerce Boulevard at Golf Course Drive location since only a small area is now available due to the road construction in that area. That area has traditionally been used for the placement of banners and the Council requested that the code continue to allow banner placement. The Southwest corner of Redwood and Wilfred (now called Golf Course Drive West) will soon be developed and a good place for banners at that location will no longer exist. ANALYSIS: The primary purpose of the revisions are to proactively address the anticipated influx of new commercial activity spurred by the Casino by better addressing new sign types and technologies that have emerged over the past several years, providing more enforceable sign code provisions, ITEM NO. 11 3 and creating a more user-friendly code that is more readable and easier to understand and interpret. The changes will specifically: • Provide a more user-friendly code by clarifying the application and approval process, allowing for slightly more signage in some cases, changing the lay-out of some of the code sections to help with readability and comprehension. • Create a more legally defensible code by improving purpose statements, definitions, code applicability requirements and appeal provisions. • Assist with code enforcement by improving sign maintenance and removal provisions and adding to the list of prohibited sign types. • Improve public safety by allowing for more directional signs, adding some new rules related to flag poles and other provision that will reduce distractions to drivers. ENVIRONMENTAL DETERMINATION: An Initial Study and a Negative Declaration have been prepared in accordance with the provisions of the CEQA Guidelines. This was available for public review prior to the first Planning Commission hearing as required. Resolution has been prepared and adoption is recommended. OPTIONS CONSIDERED: Staff considered making no change to the Sign Ordinance. That option would not achieve the goal of modernizing, streamlining and reorganizing the regulations to make them more usable. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is staff time and legal counsel review costs related to the preparation of signage regulations. The project is funded with the casino mitigation monies as planned in the mitigation program budget. Department Head Approval Date: 3/10/14 City Manager Approval Date: 3/13/14 City Attorney Approval Date: 3/10/14 Attachments (list in packet assembly order): 1. Zoning Amendments Summary 2. Resolution Adoption an Initial Study and Negative Declaration for Amendments of the Zoning Ordinance to Update Sign Regulations 3. Initial Study and Negative Declaration 4. Ordinance No. 876. Amending Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) 5. Zoning Ordinance Amendments Chapter 17.04 (additions / strike-outs) 6. Zoning Ordinance Amendments Chapter 17.27 (additions / strike-outs) 1 Attachment 1 ZONING AMENDMENTS SUMMARY: The following is a summary of the changes that are proposed. Detailed redlines of the chapters are included as attachments to the adopting Ordinance. Sign code definitions (Section 17.04.030) Definitions have been updated to add missing terms, update certain terms and consolidate all definitions into one location. The changes to the definitions will make the code more legally defensible and enable staff to make better informed decisions on how certain regulations apply. Purpose Statements (Section 17.27.010) Purpose statements have been added and they can be helpful in case of a legal challenge and when making findings to support a permit approval or denial. Applicability and General Provisions (Section 17.27.020 and Section 17.27.030) New language clarifies when a sign permit is required and basic requirements that apply to all signs. The new language should create a more user friendly and “transparent” process. Sign permits and sign programs (Section 17.27.040) The proposed language will require a sign program to all non-residential projects with three or more tenants (instead of four) and any commercial building over 20,000 square feet or occupying site that is two or more acres. This will result in more sign program applications heard by the Planning Commission and will also provide applicants with more flexibility. Exempt signs (Section 17.27.050) These signs are exempt from a sign permit, but must still meet the requirements of the sign code. A number of changes have been made to this section: • Provisions for city information signs at key locations within the community. • More directional signs permitted for commercial site. • Flag pole provisions to limit the height of wood flag poles and the number of flags per pole for safety considerations. Federal flag lighting guidelines are included. • Larger identification sign for a live-work business (2 sf versus 1 sf). • Minor changes to special event banner regulations to allow for more non-profit organizations to utilize the posting locations. Prohibited Signs (Section 17.27.060) Items have been added to the list of prohibited signs. Definitions in Chapter 17.04 have been updated to help with enforcement. Signs added include: • More restrictions on vehicle signage. • Signs that could be overly distracting or confusing to drivers has been expanded. • Painted signs and statuary. General sign area, height, illumination and location standards (Section 17.27.070) Provisions related to sign illumination have been added to limit the hours that a sign can be lighted in the vicinity of a residential district (unless the business is open during those hours). No movement or flashing of the illumination is permitted. 2 Sign Design, materials, construction and maintenance standards (Section 17.27.080) This is a new section that was created in order to consolidate all maintenance and other provisions related to sign code enforcement into a single section. The section will make it easier to find provisions relating to code enforcement. Zoning district sign standards (Section 17.27.090) The section contains development standards organized in a series of tables. The existing tables are complex and difficult to interpret. The proposed changes are minor and are intended to reduce the complexity without radically changing the code requirements. Changes to the table that separate out building mounted versus free-standing signs, result in slightly more sign area permitted and one additional sign permitted per parcel. Special sign type requirements (Section 17.27.100) This section includes provisions that apply to specific sign types. Only a few changes are proposed. Additional limits have been placed on the size of awning signs (e.g. logos, graphics and lettering). This sign is limited to the business name, logo and business type. Removal of signs (Section 17.27.120) This section provides regulations relating to unsafe signs, illegal signs and legal nonconforming signs. This section clarifies when signs are to be removed and provide the City staff with the authority to have signs removed. Appeals (Section 17.27.140) This is a new section that allows for signage determinations to be appealed. The zoning ordinance already has an appeals procedure for similar types of administrative determinations so this section is referenced. This corrects a deficiency under the current code where it is unclear that appeal rights are available. RESOLUTION NO. 2014-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADOPTING AN INITIAL STUDY AND NEGATIVE DECLARATION FOR AMENDMENTS OF THE ZONING ORDINANCE TO UPDATE SIGN REGULATIONS WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No. PL2013-029MC proposing to amend specified sections of the Rohnert Park Municipal Code (“RPMC”) by amending Chapter 17.04 Definitions and Chapter 17.27 Signs of the City of Rohnert Park Zoning Ordinance; WHEREAS, the purpose of Ordinance No. 876 is to approve amendments to Chapter 17.04 Definitions and Chapter 17.27 sign to update the sign regulations that will better address new sign types and technologies that have emerged over the past several years, provide more enforceable sign code provisions, and create a more user-friendly code that is more readable and easier to understand and interpret; WHEREAS, pursuant to the California Environmental Quality Act, an Initial Study was prepared for the project and on the basis of substantial evidence in the whole record, there is no substantial evidence that the project will have a significant effect on the environment therefore a Negative Declaration has been prepared which reflects the lead agency’s independent judgment and analysis. WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a public notice was published in the Community Voice for a minimum of 20 days prior to the first public hearing; and WHEREAS, on November 14, 2013, the Planning Commission held the first public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; WHEREAS, on January 23, 2014 the Planning Commission held a second public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; WHEREAS, the City Council has reviewed and considered the information contained in the staff report and the Zoning Ordinance Amendment materials and held a public hearing on March 25, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park hereby approves the Initial Study and Negative Declaration for amendments of the Zoning Ordinance to streamline the permitting requirements for certain businesses based on the following findings: 2014-030 1. An Initial Study (Exhibit A) was prepared for the project and indicates the project will not have a significant effect on the environment therefore a Negative Declaration (Exhibit A) has been prepared which reflects the lead agency’s independent judgment and analysis. The City provided the public review period for the Negative Declaration for the duration required under CEQA. The City Council finds that on the basis of substantial evidence in the whole record, there is no substantial evidence from which it could be fairly argued that that the project will have a significant effect on the environment. The record of the proceedings on which this decision is based shall be maintained by the City of Rohnert Park Planning Division, which documents and other materials are located at City Hall, 130 Avram Avenue, Rohnert Park, California. 2. The project would not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. There are no native species or plants, no unique, rare, threatened, or endangered species of plants, no sensitive native vegetation that will be affected by these Zoning Ordinance amendments. 3. The Development Services Director is hereby directed to file a Notice of Determination with respect to the IS/ND with the County Clerk of the County of Sonoma. DULY AND REGULARLY ADOPTED on this 25th day of March 2014, by the City of Rohnert Park City Council. CITY OF ROHNERT PARK ____________________________________ Joseph T. Callinan, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment – Exhibit A 2014-030 EXHIBIT A Initial Study and Negative Declaration Amendments to Sign Code CITY COUNCIL ORDINANCE NO. 876 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING CHAPTER 17.04 (DEFINITIONS) AND CHAPTER 17.27 (SIGNS) OF THE MUNICIPAL CODE (TITLE 17, ZONING) WHEREAS, the City of Rohnert Park (“City”) filed Planning Application No. PL2013- 029MC to initiate a municipal code update process that proposes amending Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the City Council desires to preserve and enhance the appearance of the community, promote the orderly construction, placement and display of sign, and to protect the health safety and general welfare of the City through reasonable sign regulations; and WHEREAS, the proposed amendments to Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) would update the sign regulations of the Zoning Ordinance and definitions related to signage to clarify, simplify and streamline the regulations where possible, and strengthen provisions where needed; and WHEREAS, the purpose of the revisions are to better address new sign types and technologies that have emerged over the past several years, provide more enforceable sign code provisions, create a more user-friendly code that is more readable and easier to understand and interpret; and WHEREAS, the proposed changes to Chapter 17.04 (Definitions) are attached hereto as Exhibit A and changes to Chapter 17.27 (Signs) are attached hereto as Exhibit B; and WHEREAS, by separate action and resolution, the City Council reviewed the Negative Declaration, prepared for the Project, recommended its adoption by the City Council; and has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS; pursuant to California State Law and the RPMC, public notice was published in the Community Voice for a minimum of 20 days prior to the first public hearing and a copy of the Negative Declaration and proposed code amendment have been available for public review at City Hall; and WHEREAS; on November 14, 2013 and January 23, 2014 the Planning Commission held public hearings at which times interested persons has an opportunity to testify either in support or opposition to the proposal and adopted Resolution 2014-04 recommending that the City Council adopt the code amendment and negative declaration; and WHEREAS: a duly noticed public hearing regarding introduction of the Zoning Ordinance amendments was held by the City Council on March 25, 2014 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Findings for Enactment of Amendments to Zoning Ordinance. The City Council hereby makes the following findings concerning amendments to Chapters 17.04 (Definitions) and 17.27 (Signs) of the Zoning Ordinance: 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with three specific provisions related to signage contained within General Plan 2020. 1. Goal CD-J relating to Neighborhoods and Focus areas, states a goal to, “Maintain the character of existing neighborhoods while undertaking streetscape and signage improvements in selected areas.” 2. Policy CD-56 relating to commercial centers, states that, “As part of the Zoning Ordinance, maintain development standards for all development within commercial districts that include, but are not limited to...Signage Requirements…” 3. Goal TR-A relating to the Street System, states a goal to, “Promote safe and efficient vehicular circulation throughout Rohnert Park.” In part, the intent of the proposed amendments is to improve the appearance and upkeep of signage used throughout the community. Sign provisions should also help reduce visually clutter that could result from the placement of numerous unregulated signs throughout the community. The proposed sign provisions help implement the General Plan and specifically implement the Goals and Policies listed above. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public by create a more streamlined sign review process, reducing visual clutter from unregulated signs and improving the appearance of signs installed within the community, and allowing for appropriate directional signs to be placed on private property and, in limited cases, on public property and rights-of-way to assist the public with way-finding. The proposed amendment will not have any detrimental impacts and will have some positive impacts to the public health, safety or welfare. Section 2. Environmental Clearance. An Initial Study was prepared for the project, and has been adopted under separate resolution. Section 3. Approval of Zoning Ordinance Amendments. The City Council hereby approves the amendments to the Zoning Ordinance in substantially similar form as attached as Exhibit A and Exhibit B which are incorporated by reference as if set forth in full. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on March 25, 2014, and adopted by the Council of the City of Rohnert Park on ___, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK __________________________________ Joseph T. Callinan, Mayor ATTEST: ___________________________________ JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: ____________________________________ Michelle Marchetta Kenyon, City Attorney Exhibit A Amendments to Chapter 17.04 (Definitions) of the Zoning Ordinance Exhibit B Amendments to Chapter 17.27 (Signs) of the Zoning Ordinance 1 Sign Code Definitions 17.04.030 Definitions of words and terms. [All of the existing text after the definition for “Setback” and prior to the definition for “Single family residential will be replaced by the following. This update will not include any other changes in Chapter 17.04] "Sign" means a device, display, figure, message, placard or structure, including its component parts, situated indoors or outdoors, which is constructed, designed, intended or used to advertise or otherwise attract or direct attention, provide information, to a business, event or location, institution, person, product or service, or promotes the interests of any person, by any means including, but not limited to:, color, design, figures, illumination, letters, projected images or words., and is visible from any public street, road, highway, right-of-way, or parking area. Signage terminology used in this code includes the following: 1. "Abandoned" means any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on premises where the sign is displayed. 2. "Address" means a sign identifying the position of a land use in relationship to a public or private street. 3. "Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. 4. Area. See "Sign area." 5. "Attention attracting device" means animated or moving signs, including signs held by mechanical mannequin or other devices, balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners and streamers, but excluding approved temporary banners, time/temperature devicesanddevices, and electronic message boards. 5.6."Awning" means a sign attached to a roof-like projection from the wall of a building that serves to shield a doorway or window from the weather and is often constructed of weather resistant fabric. 6.7.Banner. See "Flags, banners or pennants." 7.8."Campaign" means a temporary sign that is designed for the purpose of advertising to support the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of or opposition to a candidate or proposition for afrom public election or a sign expressing political, religiousoffice at any national, state, or other ideological sentiment that does not advertise a product or servicelocal election. 2 8.9."City entry" means a public sign located at specific entry points to the city of Rohnert Park. 9.10. "Commemorative" means a sign which commemorates the historical status and/or date of erection. 11. Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. 12. “Commercial” means any sign with a commercial message. 13. “Construction” means a sign that identifies the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. 10.14. "Copy" means words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. 11.15. "Directional" means a sign that has been designed and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project, e.g., restroom, security office, entrance/exit and telephones. 12.16. "Directory" means a sign that lists tenants of a multiple tenant building or center. 13.17. "Double-faced" means a sign which has back to back sign copy where the angle between the two faces does not exceed thirty degrees. 14.18. "Edge of roof" means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less. 15.19. "Electronic message center" means a sign with a fixed or changing display composed of a series of lights, but not including time/temperature displays. 16.20. "External illumination" means the lighting of an object from a light source located at a distance from the object. 17.21. "Flags, banners or pennants" means cloth, plastic, paper or similar material used for advertising purposes attached to framing, line, pole, structure, staff or vehicle. 18.22. "Flashing" means a sign that includes an intermittent or sequential flashing light source. 3 19.23. "Freestanding, monument" means a sign that is supported by a base structure that rests on the ground and is not supported or attached to a building. 20.24. "Freeway oriented" means a freestanding sign located on a nonresidential property and directly adjacent to Highway 101. 25. “Hand-held” means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand held sign does not include a noncommercial sign. 21.26. Height, sign. See "Sign height." 27. “Illegal sign” means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) any sign that is in violation of the provisions of Chapter 17.27(Signs). 22.28. "Inflatable device" means an object that is filled with a gas, including CO2. 23.29. "Internal illumination" means the lighting of an object from within the interior so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign. 24.30. "Live/work" means a sign that identifies the location of a live/work unit within a mixed-use or similar type development. 25.31. "Maintenance, normal" means the painting and cleaning of signs and/or the replacement of like parts of a nonstructural nature e.g., lights, panels, trim pieces and other similar items. 26.32. Marquee. See "Theatre, marquee." 27.33. "Mural" means a two dimensional piece of art which is applied to the flat surface or wall of a building. 28.34. "Neon" means a light source that is generated by inserting electrical energy into a chemically inert gas. 35. “Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity. 4 36. “Noncommercial sign” means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 29.37. "Nonconforming" means an advertising structure or sign which was lawfully erected and maintained in conformance with the requirements in effect at the time, and which has subsequently come under new amended requirements and no longer complies with the requirements. 30.38. "Obscene" means a sign that includes materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. 31.39. "Off-site, billboard" means a sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. 40. "On-site sign" means any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be “on-site,” regardless of location. 32.41. Pennants. See "Flags, banners or pennants." 33.42. "Permanent" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. 34.43. "Primary street frontage" means the primary street frontage is the most prominent public right-of-way as related to a lot of record. 44. "Private information" means signs that are required or permitted by law to be posted, e.g., "Beware of Dog" as well as service station pricingor signs displayed on private property that are intended to preserve and protect public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no soliciting signs, and no trespassing signs, 35.45. "Portable" means an "A" frame sign or other sign attached to a devise used to allow the sign to be rolled or moved around. 36.46. "Projecting or suspended" means a sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward from the building. 37.47. "Public information" means a sign that has been displayed by a federal, state or local agency for the purpose of protecting public health, safety and general welfare. 5 48. "Real estate" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property. Not including, and does not include temporary subdivision signs. 38.49. "Roof" means a sign mounted on the roof of a building or supported entirely by the building and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. 39.50. "Sign area" means the surface of a sign. shall be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. 51. “Sign face” means that portion of a sign intended to be viewed from one direction at a time. 40.52. "Sign height" means the vertical distance from the lowest point of the base of the sign to the highest point of the structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height. 53. "Sign program" means a process for reviewing and approving nonresidential or mixed use structures, containing four or moresignage for larger sites and buildings, and for properties with multiple tenants, for the purpose of ensuring aesthetic compatibility and equitable signage area. 41.54. "Sign structure" means the supporting framework or bracing of a sign and incidental to the sign display. 55. “Subdivision” means a sign that identifies a subdivision project with units for sale. 42.56. "Temporary" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage, including but not limited to: construction and subdivision signs, campaign and election signs, garage sale signs, real estate signs, seasonal decorations and special event signs. “Theatre, marquee”. "Marquee theatre" 43.57. “Theatre marquee”means a sign whichthat is attached to or otherwise made part of a permanent roof-like structure and projects beyond the building wall in the form of a large canopy to provide protection from the weather. 44.58. "Three-dimensional" means a sign that has a relief image on its surface that exceeds six inches. 45.59. "Time/temperature" means the area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area. 6 60. “Unsafe sign” means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. 61. "Vehicle" means a sign that is used or intended for use as a portable sign and is towed or affixed to a vehicle that is not operated and/or moved on a regular basis. used to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of the vehicle. 46.62. "Wall" means a sign that is attached or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 47.63. "Window" means a sign posted, painted, placed, or affixed inon the interior or onexterior of a window exposed to public view. An aninterior, and includes an interior sign that faces a window exposed to public view and is located within threetwo feet of the window. This definition does not include window displays of merchandise offered for sale, so long as such displays are located more than two feet from the window on the interior. 1 Chapter 17.27 - SIGNS Sections: 17.27.010 - Purpose. The councilpurposes of the city of Rohnert Park establishesthese sign standards that are intended toand regulations include: A. Protect the public safety and welfare by avoiding hazardous distractions or conditions to pedestrian and vehicle traffic through careful placement, orientation, design and maintenance of signage. B. Ensure that signage is clearly stated, appropriately scaled, and in harmony with the character and appearance of the building or use that is being identified; and. C. Apply a fair standard equally among sign owners and those who wish to use signs C. Maintain and enhance the city’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. D. Protect residential districts and adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of nearby signs. E. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Limit the number and size of signs to levels that reasonably allow for the identification of institutional or commercial locations and the nature of the use, business or services provided at such location. G. Regulate the number and sizes of signs according to standards consistent with the types of establishments in each zoning district or in different portions of a zoning district. H. Avoid unnecessary and time consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter. I. Respect and protect the right of free speech by sign display, while reasonably regulating the structural locational and other aspects of signs not related to communication, generally for the public health, safety, welfare and specifically to 2 serve the public interests in community aesthetics and traffic and pedestrian safety. J. Enable the fair and consistent enforcement of these sign standards and regulations. K. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes stated in this section. 17.27.020 - Applicability. A. Regulation. The requirements of this chapter shall apply to all signs in all zoning districts. B. Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy). CA. Regulation. This chapter regulates signs located on private property within all zoning district of the city. This chapter also applies to signs within public rights- of-way, and to property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. B. Definitions. Definitions of the specialized terms and phrases used in this chapter are contained in Rohnert Park Municipal Code, Chapter 17.04 (Definitions).) of this municipal code. References to “department” means the Department of Development Services, and references to “director” means the Development Services Director or the director’s designee. D. Maintenance. Each and every sign in the city shall be maintained in good structural condition at all times including all paint, metal parts and supports. 17.27.030 17.27.030 General provisions. A. Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter, change commercial message copy (except for changeable copy signs), move, or display any temporary or permanent sign without first obtaining a sign permit in accordance with the provisions of this chapter. No additional sign permit or approval is required for cleaning or other normal maintenance of a previously approved sign, unless a structural or electrical change is made. 3 B. Owner’s Consent Required. The consent of the property owner, designated agent, or person in control or possession of the property is required before any sign may be erected on any private property within the city. C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A sign permit or sign program approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be “on-site,” regardless of location. D. Substitution of Noncommercial Messages. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional permit is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail. E. Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. F. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the sign permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. 17.27.040 Sign permit and sign program requirements. A. General. Unless specifically exempted in Section 17.27.040 Section 17.27.050 (Exempt), no Signs), a sign shall be installed, erectedpermit or altered unlesssign program approval ismust be secured for all signs in accordance with this chapter. 4 Granting a permit or approval in accordance with this chapter in no way eliminates the need to otherwise obtain a constructionbuilding or encroachment permit when required. BB. Purpose. The purpose of the sign permit and sign program requirement is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. C. Sign Programs. A sign program shall be required for: 1. Any new nonresidential project with fourthree (3) or more tenants; 1.2.Building groups that involve fourthree (3) or more live/work uses; and 2.3.Any existing nonresidential project consisting of fourthree (3) or more tenants, where more than sixty60 percent of the existing signs or building exterior are being rehabilitated within a twelve12-month period.: C. Review Authority. Notwithstanding an application for conditional use permit or site design and architectural review which includes new signs or signage, the review authority for a sign permit application shall be the zoning administrator and the review authority for a sign program shall be the planning commission. The review authority may require conditions of approval to achieve the purpose of this chapter. 4. Any single building of more than 20,000 square feet: and 5. Any commercial building or buildings occupying two (2) or more acres. D. Procedure. Application Process. 1. An application for a sign permit or sign program shall be prepared, filed and processedmust be made in compliance with this chapter. Submittals shallwriting on the form provided by the department and accompanied by the required fee established by city council resolution. 1.2.The application must include descriptive materials sufficient to conduct a proper evaluation including the following items: a. A site plan showing existing improvements and proposed sign locations; 5 b. Detailed elevations showing the proposed signage, including the dimensions and locations; c. A detailed plan of the proposed signage, including dimensions, proposed illumination and method of attachment or mounting; d. Samples and descriptions of the proposed sign copy, colors and materials; 1. Photographs of all existing signage and buildings or site areas where proposed signage will be placed; e. A completed construction permit application, as needed, in conformance with Rohnert Park Municipal Code, Title 15Title 15 (Buildings and Construction). ) of this municipal code. f. Such additional information requested by the department as may be necessary to make a fully informed decision, process the application and make the required findings. 3. The director will initially determine whether the application contains all the information and items required by this chapter and may be deemed complete. 4. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United State mail, the date upon which personal service of such notice is provided or the date that the notice is electronically transmitted (if applicable). 5. No application will be accepted if: a. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application. b. The application is substantially the same as an application previously denied, unless: (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. c. The applicant has not submitted for processing or obtained any applicable permit for the underlying use of the property. 6 E. Standard Sign Permit Review Process. 1. After receiving a complete sign permit application, the director must cause the application to be reviewed and render a written decision to approve or deny the application within ten business days. 2. Determinations on sign permit applications are to be guided by the standards, criteria and findings set forth in this chapter. 3. The director may refer certain sign permit applications to the planning commission for review. Such determination should be made within ten business days of a complete application and acted upon by the planning commission within 60 days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director or planning commission must be in writing and must specify the grounds for such denial. F. Standard Sign Program Review Process. 1. After receiving a complete sign program application, the director must schedule consideration of the sign program by the planning commission within 60 days of the complete application or concurrent with any related and required project approval that is presented to the planning commission. 2. Determinations on sign program applications are to be guided by the standards, criteria, and findings set forth in this chapter. 3. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the planning commission must be in writing and must specify the grounds for such denial. 7 G. Findings. A sign permit or sign program that is reviewed in compliance with this chapter shallmay be approved only after the following findings and determinations are made by the appropriate review authority: 1. That the proposed location of the use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the sign is located; 2. That the proposed location of the sign and the conditions under which the sign would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;. 3. The proposed sign is in substantial conformance with the provisions of the zoning code. FH. Approval Period, Expiration and Time Extensions. A sign permit or sign program approval shallwill expire one (1) year from itsthe date of issuance unless the sign or at least one (1) sign in an approved sign program has been installed in accordance with the conditions of approval. If the sign permit or sign program is for a building or shopping center under construction, the one year approval period will commence on the date of issuance of the first Certificate of Occupancy for the project. 1. Prior to expiration, of a sign permit or program, the applicant may apply for an extension of up to one (1) additional year. The extension shallrequest will be reviewed by the review authority that acted on the original request. 2. The permit or approval shallwill be null and void if the zoning ordinance changes significantly prior to the installation of the sign to a point that given the new regulations in the zoning ordinance such a sign would not be permitted. I. Revocation. The initial reviewing authority may revoke any sign permit or sign approval according to the process outlined in Section 17.25.140 through 17.25.148 upon refusal of the permit or approval holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure. 17.27.040050 - Exempt signs. The following signs are allowed without a sign permit or sign approval provided that they otherwise comply with the city's design guidelines and this chapter. A sign which is considered exempt in accordance with this chapter in no way eliminates the need to otherwise obtain a constructionbuilding or encroachment permit when required. 8 A. Address Signs. Street address numbers that aremust be installed in compliance with the California Fire Code or the U.S. Postal Service. B. Commemorative Signs. Signs which commemorate a building's historical status and/or date of erection, when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type material and made as an integral part of the structure when suchSuch signs are wall mounted and may not exceedingexceed six (6) square feet in areaDevelopment Services Manager or designee.area and are subject to the approval of the director.. C. C. City Informational Signs. The city may erect identification, welcome and/or directional signs at entries and key locations within the community. D. On-Site Directional Signs. Signs that are designedSuch signs are subject to the following provisions: 1. Directional Entry Sign (Small). One on premise parking and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project (e.g., exit, telephone, restroom, security office, etc.)directional sign not exceeding one (1) double-faced sign is permitted per site entrance. The sign face may not exceed four (4) square feet in area and the sign height may not exceed five (5) feet. 2. Directional Entry Sign (Large). A larger directional sign may be used in place of each Directional Entry Sign (Small) if the sign is setback more than 100 feet from a public way. This sign may be up to ten (10) square feet in area and up to eight feet in height. 1.3.Small Internal Directional Signs. Other directional signs may be used throughout a project site so long as the area of each sign does not exceed one square foot in area and located on a project site. E. D. Entry Signs. 1. AnyOpen / Closed Sign. Each business shall be entitled tomay have one "open/closed" sign, not exceeding one square foot in area. 2. The city shall be entitled to identification or welcome signs, one at each entry to the city, or other public locations, not exceeding sixty-four square feet in area. EF. Flags and Flag Poles. Flags of national, state or local governments, or nationally recognized religious, fraternal or public service agencies provided that: 9 1. TheA single flag that does not exceed one-fourth the height of the flag pole; and two or more flags combined that do not exceed one-half the height of the flag pole. 2. ResidentialProperties in residential zoning districts shallmay have no more than one flag per property and the flag pole shallthat does not exceed twelve12 feet in height; and. 3. Nonresidential Properties in nonresidential zoning districts shallmay have no more than three (3) flags per property and the flag pole shallmay not exceed thirty (30) feet in height. F4. If taller than twelve (12) feet in height, the flag pole must be constructed of metal, fiberglass or carbon fiber. Wood flag poles taller than twelve (12) feet are not permitted. 5. According to federal flag guidelines, the United States flag should only be displayed from sunrise to sunset unless properly illuminated for nighttime visibility. If illuminated, flag lighting shall be directed and/or shielded to avoid off-site glare. 6. Smaller flags displayed during daylight hours for Federal holidays (e.g. Veterans Day, Memorial Day, etc.) are permitted without limitation. G. Live/Work. Signs that identify the location of an occupation in a live/work unit provided the sign does not exceed one Such signs may not exceed two (2) square foot, isfeet and must be attached to the wall of the building in which the use is housed and is nonilluminated.may not be illuminated. For building groups that involve fourthree (3) or more live/work units, an integrated sign program shall beis required in accordance with(B) Section 17.27.040.C (Sign Programs). G. Normal Maintenance and Nonstructural Modifications. The following maintenance or modifications are allowed unless otherwise subject to Section 17.27.030(BSign Permit and Sign Program Requirements) as follows: 1. Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs; 2. Nonstructural modifications of the face or copy of an existing conforming sign; 3. Normal maintenance of conforming signs and sign copy. H. Private Signs. Signs required by law, or signs displayed on private property which are directed toward preserving and protecting public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no 10 trespassing signs, service station pricing signs, or similar signage. Lettering on beware of dog or no trespassing signs shall not exceed three inches in height. I. Public H. Private Informational Signs. Such signs may not exceed one square feet in area. I. Public Informational Signs. Signs displayed by a federal, state or local governmental agency when required to carry out its responsibility to protect public health, safety and general welfare. Examples include, but are not limited to: public hearing signs, emergency and warning signs necessary for public safety or civil defense, signs locating underground facilities, and traffic signs erected and maintained by an authorized public agency. 1. On-Site Signs Required for City Public Hearing Notification. On-site signs for public hearing notification before a city agency are allowed without a sign permit but shallmust comply with the following specifications and operational procedures: a. Sign Area. Each sign shall be ofmust comply with the following minimum and maximum area requirements, based on the size of the subject parcel. Table 17.27 – 1: Public Hearing Signs Lot Area RequiredMinimum Sign Area Less than 6,000 sf, or store front 6 sf 6,000 sf to 20,000 sf 12 sf Greater than 20,000 sf 224 sf More than 1 acre 32 sf b. Height Limit. Sign height shallmay not exceed sixeight feet. c. Location. The sign shallmay be located not less than five feet inside the property line for residential zones, not less than one foot inside the property line for commercial and industrial zones and shall be placed in an area that is most visible to the public. The sign shall be located outside of any vision triangle, as described in Section 17.14.040 (Clear Vision Triangled. Other Restrictions. d. Other Restrictions. i. No sign shallmay be illuminated, ii. One (1) sign shallmust be displayed per public street frontage of the subject property, and 11 iii. Removal is required within fifteen (15) days after the noticed public hearing. e. Verification. On or before the required date of posting, the applicant or applicant's representative shallmust submit to the department a signed affidavit of the installation of an on-site public hearing sign. J. Temporary Signs. 1. Construction and Subdivision Identification Signs. Signs in any district that identify a construction or subdivision project site Such signs are permitted in all zoning districts subject to the following: a. At least oneOne sign containing thirty-twonot exceeding 32 square feet per site. For each site larger than ten acres, one additional thirty-two32 square foot sign per ten acre increment is allowed; b. One sign containing tennot exceeding six (6) square feet for each model home and located on the site of each model home in the subdivision; c. At least one One (1) off-site directional sign not exceeding ten (10) square feet. Any off-site directional sign containing ten square feet is allowed.may be required to be large enough to accommodate more than one (1) construction or subdivision project. The location and number of direction signs shallwill be determined by the zoning administrator.director. 2. Campaign and Election Signs. Signs thatSuch signs are related to public campaigns and elections when they conformsubject to the following: a. No campaign or election sign shall bea. Campaign signs are not permitted on any public property or within any public right-of-way. In order to assist the public in locating public property, the city shallwill make available, through the office of the Rohnert Park city manager, a map showing publicly owned real property within the city of Rohnert Park. As to those areas of right-of-way or other small parcels wherein it is difficult to determine the line of demarcation between public and private property, the city sign enforcement authority, as designated by the city manager, shallwill inquire of the nearest adjacent private property owner or owners as to whether they have given permission to the posting of the sign. If the owner or owners reply in the negative it shallwill be conclusively presumed that the sign was posted in violation of this section. If the nearest owner or owners indicate that permission was given to post the sign then the city shallwill ascertain by survey or other accurate method as to whether the sign is posted on public or private property and shall proceed accordingly;. 12 b. Any campaign or election sign placed upon privately owned property shall secure the writtenmust receive consent of the owner or occupant thereof;. c. No campaign or election sign shall be posted or displayed prior to ninety days before the date of the election; d. All campaign or election signs shallmust be removed within ten days after the day of the election to which it pertains. The person or organization placing the sign and the owner and the occupant of the premises upon which the sign is placed shallare each be responsible for the removal thereofof such signs. In the event it becomes necessary for employees of the city to remove such signs, the city may hold all or any of the abovementioned parties responsible for the costs incurred by the city in removing such signs. 3. Freestanding Signs. In residential zones only, each parcel is permitted two temporary freestanding noncommercial signs (this includes “garage sale is being conducted and not occurring more than four times in any one calendar year.sales” and similar incidental “for sale” signs typical at a residential address). Such signs may not exceed six (6) square feet in area and four (4) feet in height, and may not be illuminated. Such signs are in addition to all other signage allowed under this chapter. 4. Real Estate Signs. NonilluminatedSuch signs usedmay not be illuminated and are subject to advertise a property that is for sale, lease or rent shall comply with the following regulations: a. Residential Signs. One sign containingnot exceeding six (6) square feet in area located on the property being advertised. Riders on such signs are limited to three (3) square feet in area. b. Residential Open House Signs. Signs directing customers to an open house may not exceedingexceed two (2) square feet which may contain the words "Open House" together with an arrow indicating the direction to the open house between the hours of eight a.m. and eight p.m. No more than one sign per direction may be placed at any intersection. c. "Open House" Real Estate Sign. One (1) sign not exceeding six (6) square feet may be placed on the property coinciding with the hours of open viewing. The sign may also contain the name of the selling firmsales person or firm sponsoring the open house. d. Nonresidential Real Estate Signs. One (1) sign not exceeding twenty20 square feet per frontage that is located on a nonresidential property being advertised. A maximum of one (1), two (2) foot by three (3) foot window sign is allowed for each vacancy. All signs must be non-illuminated. One 13 (1) sign is allowed per frontage. Signs exceeding these limitations may be administratively approved by the director. 5. Seasonal Decorations. Decorations and displays related to locally recognized holidays including, but not limited to: Christmas, Thanksgiving and Fourth of July. The decorations may be installed up to thirty days prior to the holiday and shall be removed no later than ten days after the holiday. 6. Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to civic events and special events, non-profit Rohnert Park based organizations: civic events, , grand openings, religious services and athletic sign upssign-ups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs containing up to twenty-fournot exceeding thirty two (32) square feet each, located on the property where the event is taking place;. b. Except that Oone (1) banner for civicspecial events, for a civic or non- profit organization may stretch across City Center Drive and/or Lynne Conde Way; c.. and uUp to fourthree (3) banners for a civic or non-profit organization not exceeding thirty two (32) square feet each and no more than one (1) at each location for civicspecial events may be placed at the following locations: i. West side of Commerce Boulevard at Golf Course Drive (west of 4960 through 5050 Commerce Boulevard); ii. Southwest corner of Redwood Drive and Wilfred Avenue (APN 045- 082-053);iii ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101 (APNs 143-061-036 and 143-084-002);; and iviii. Northeast corner of E. Cotati Avenue at Snyder Lane (APN 047- 400-081).. b. The term that the special event sign or banner may be displayed shall not exceed fourteen consecutive days orand more than four times in any calendar year. 14 c. A deposit in the total amount of twoc. Two hundred dollars shall be deposited with the department of community developmentDevelopment Services Department to assure that the special event signs are removed at the conclusion of the event and against which the city may charge the costs of removal if the applicant fails to do so. If the applicant removes the special event signs the funds deposited with the city shall be reimbursed refunded to the applicant. d. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the department of community developmentDevelopment Service Department before the installation of the proposed signs or banners. e. The applicant shall submit to the department of community developmentDevelopment Services Department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued. 17.27.050060 - Prohibited signs. The following signs, as defined by this code, are prohibited and subject to immediate abatement by the city of Rohnert Park's code enforcement officer. A. Abandoned Signs. Any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on the premises where the sign is displayed. B. Attention Attracting Sign Devices. Balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners, streamers and other similar attention attracting devices are prohibited. This does not include temporary banners, electronic message boards or time and temperature devices as permitted pursuant to Sections 17.27.040(J) (Exempt Signs) and 17.27.080(C) and (J) (Special Sign Type Requirements).. C. C. Flags unless considered exempt under Section 17.27.040 (Exempt Signs), F (Flags and Flag Poles) or specifically permitted as part of a sign program or a site plan and architectural review entitlement. D. Internally illuminated cabinet signs, except where a dark, opaque background is used in conjunction with light, translucent lettering. ED. Obscene Signs. Signs that include materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. 15 FE. Off-Site Signs (Billboards). A sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. GF. Portable Signs. "A" frame sign or other sign attached to a device used to allow the sign to be rolled or moved around, except as otherwise allowed in this chapter. HG. Roof Signs. Notwithstanding roof and parapet signs that are except when approved in conjunction with site plan and architectural review for a building, no sign shall be installed above a roof or on top of the parapet of a building.. IH. Signs in the Public Right-of-Way. Signs that are placed in a street right-of-way without a valid encroachment permit, except as otherwise allowed in this chapter. This includes temporary signs displayed on public property, in the public right-of- way, utility pole, fence, tree or other vegetation. JI. Signs located in a vision triangle as described in Section 17.14.040 (Clear Vision Triangle). K. Vehicle Signs. This includes any vehicle sign parked within the public right-of- way or in a location on private property that is visible from a public thoroughfare. L. Signs which resemble any official marker erected by the city, state, or any governmental agency, or which, by reason of position, shape, color, or illumination would conflict with the proper functioning of any traffic signal or would be a hazard to vehicular or pedestrian traffic. M. Signs which produce odor, sound, smoke or fire or other emissions. N. A vehicle or equipment with mast arms or booms in an elevated position with intent to advertise. O. Signs painted on fences, walls and roofs. P. Statuary or representative figures used for advertising purposes. 17.27.060070 - General sign requirementsarea, height, illumination and location standards. A. Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitation shallwill be calculated as follows: 1. Area. The surfacearea of a sign shallwill be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. 16 2. Double Faced Signs. The area of a double -faced (back-to-back) sign shallwill be calculated as a single sign face if the angle at the apex of the sign does not exceed thirty degrees. 3. Three-Dimensional Signs. Where a sign consists of three-dimensional objects the sign area shallwill be measured as their maximum projection upon a vertical plane. 4. Structure. Supporting framework or bracing that is clearly incidental to the sign display shallwill not be computed as part of the sign area. 5. Time/Temperature Signs. The area of any time and/or temperature device incorporated into a sign shallwill not be included in the calculation of total sign area. B. Sign Height Measurement. The height of a sign shall bewillbe measured as the vertical distance from the lowest point of the base of the sign structure, at grad level to the highest point of the sign structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height.. C. Sign Illumination. 1. Externally illuminated signs must utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the site or onto any public right-of-way or adjoining properties. 3. 2. Internally illuminated cabinet signs shall havemust have opaque backgrounds where copy and a/or logo are/is the only illuminated features. 4. 3. Transformers, raceways and other types of electrical equipment and features shallmust be concealed. 4. Signs both visible from and within 100 feet of a residential district (R-E, R-R, R-L, R-M, R-H), or similar designation within a Planned Development or Specific Plan may not be illuminated between 10 p.m. and 7 a.m. 5. No movement or apparent movement or change in intensity of illumination is permitted. Rapidly flashing or stroboscopic lightingis also prohibited, D. Sign Location. 1. All signs shallmust be located on the same site as the subject of the sign, (i.e. on-site), except as otherwise allowed by this chapter. 17 2. No sign shallmay be located in the public right-of-way, except as otherwise allowed by this chapter and the following: a. Bus stop signs installed by a public transit company; b. Emergency warning signs erected by a government agency, public utility company or a contractor doing authorized work within the public right-of- way; c. Information signs of a public utility company regarding lines, pipes, poles or other facilities; or such asd. Public signs erected by or on behalf of a government agency to convey public information, identify public property, post legal notices or direct or regulate pedestrian or vehicular traffic. signs: 3. The location of all signs shall Signs must be installed in a fashionlocation and manner that ensures that: a. They do not block the sight lines of existing signs on adjacent properties; and b. Pedestrian and vehicular safety is maximized; and. c. Setback and area are appropriate for all freestanding or projecting signs. 17.27.080 – E. Sign Maintenance, Construction and Design. design, materials, construction, and maintenance standards All signs shallmust be maintaineddesigned, constructed and designedmaintained in compliance with the following standards: 1. All signs shall comply with the uniform codes of the city and any other applicable ordinances, resolutions or regulations; 2. Except for signs of a temporary nature (banners, flags, etc.) all signs shall be constructed of permanent materials and shall be permanently attached to the ground, building or other structure by direct attachment; 3. A. Permanent signs shallmust be designed by a qualified professional, i.e., architect, designer or others whose principal business is the design, manufacture, or sale of signs. 18 B. Sign colors and materials should be compatible with the existing building designs and should contribute to legibility and design integrity. Signs should avoid the use of garish colors or combinations of colors. C. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex must be designed to incorporate the materials common or similar to all buildings. D. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign/letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. E. Except for signs of a temporary nature (banners, flags, etc.) all signs must be constructed of durable materials. F. Every sign, including all parts, portions and materials, must be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city’s building code and electrical code. Under no circumstances may a permanent sign have an exposed back. G. All permanent signs must be permanently attached to the ground, building or other structure by direct attachment. H. Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps or lighting, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 days following written notification by the city. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure. 19 I. Within 30 days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign. 17.27.070090 - Zoning district sign standards. Each sign shallmust comply with the sign area, height and number provided by this section except as otherwise provided. Table 17.27-2: Standards for Signage in R-L*, R-M, R-H, R-M/M-H and P-I Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area Wall mount Below edge of roof. 1 of either sign type per street frontage or entrance. 16 sf maximum. each sign; 32 square feetsf. total for all signs. Freestanding 6 feetft. * Applies to multifamily, attached single family, public and quasi-public land uses only in an R-L zoning district. * . Table 17.27-3: Standards for Signage in C-N, C-O, M-U and OS-EC Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area FreestandingGround-mounted and Ground- floor 8 ft. 1 per street frontage. 0.25 sf. per linear ft. of property line adjoining street. Building Mounted (ground floor)Awning Below edge of roof. 3 of any combination of allowed sign types per primary street frontage (in no case more than 1 freestanding sign) plus 1 of any allowed sign type per secondary street 0.5 sf for each linear ft of building frontage; or 0.25 sf for each linear ft of property line adjoining street, whichever is less. Except for sign programs the maximum total signage allowed is 100 sf per lot of record. Formatted: Space Before: Auto, After: Auto Inserted Cells Formatted: Space Before: Auto, After: Auto Deleted Cells Deleted Cells Deleted Cells 20 frontage (which may include an additional freestanding sign). Sites with 4 or more tenants will require a Sign Program: 1 of any allowed sign type per business frontage. To be determined case by case; however should be in general compliance with the basic signage requirements. AwningFreestanding Below edge of roof8 feet. 3 of any combination of allowed building mounted sign types per primary street frontage. plus 1 of any allowed sign type per secondary street frontage. Sites with 3 or more tenants require a Sign Program with 1 of any allowed sign type per business frontage. 0.5 sf for each linear ft of building frontage; and 100 sf maximum area per lot of record (may be exceeded with a Sign Program). Projecting Below edge of roof. Suspended Below eave or canopy; and at least 8 ft. above a walking surface. Wall Below edge of roof. Temporary/Portable Section 17.27.040(H) (Exempt Signs)Section Merged Cells Merged Cells Split Cells Split Cells 21 17.27.050 (H) (Exempt Signs) Window Section 17.27.080(Section 17.27.100 (J) (Special Sign Type Requirements) SecondBuilding Mounted (second floor and above) Awning Below edge of roof. 1 sign per tenant space. 12 sf for each tenant and. plus 1 directory sign not to exceed 12 sf per floor to identify upper floor occupants. Projecting Wall Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) Table 17.27-4 Standards for Signage in C-R, I-L, and I-L/O Districts Sign Type Allowed Maximum Height Maximum Number Maximum Sign Area Ground-mounted and Ground- floorFreestanding 8 ft. 1 per street frontage. 0.5 sf for each linear ft of property line adjoining street. Building Mounted (ground floor)Awning Below edge of roof. 3 of any combination of allowed sign types per primary street frontage (in no case more than 1 freestanding sign) plus 1 of any allowed sign type per secondary street frontage (which may include an additional freestanding sign). Sites with 4 or more tenants will require a Sign Program: 1 of any allowed sign type per business frontage. 1.0 sf for each linear ft of building frontage; or 0.5 sf for each linear ft of property line adjoining street, whichever is less. Except for sign programs the maximum total signage allowed is 200 sf per lot of record. To be determined case by case; however should be in general compliance with the basic signage requirements. Inserted Cells Inserted Cells Deleted Cells Deleted Cells Deleted Cells 22 AwningFreestanding Below edge of roof.8 feet. 3 of any combination of allowed sign types per primary street frontage. plus 1 of any allowed sign type per secondary street frontage. Sites with 3 or more Tenants require a Sign Program with 1 of any allowed sign type per business frontage. 1.0 sf for each linear ft of building frontage. 200 sf per lot of record (may be exceeded with a Sign Program. Projecting Below edge of roof. Suspended Below eave or canopy; at least 8 ft above a walking surface. Wall Below edge of roof. Temporary/Portable Section 17.27.040(H) (Exempt Signs)Section 17.27.040 (H) (Exempt Signs) Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) SecondBuilding Mounted (second floor and above) Awning Below edge of roof. 1 sign per tenant space. 12 sf for each tenant and . plus Projecting Wall Formatted Table Merged Cells Merged Cells 23 1 directory sign not to exceed 12 sf per floor to identify upper floor occupants. Window Section 17.27.080(JSection 17.27.100 (L) (Special Sign Type Requirements) (Ord. 765 § 2 (part), 2006) 17.27.080100 - Special sign type requirements. This section is intended to be used in conjunction with other standards contained in this chapter. The zoning administrator or designeeThe director is authorized to issue a sign permit for the following signs consistent with the regulations of this chapter, the city's design guidelines and any required building permit is obtained. A. Awning Signs. 1. Area. Not more than twenty-five (25) percent of the awning face or twenty- five (25) square feet whichever is less. Sign width on the sloped face or valance is limited to eighty five (85) percent of the awning width, on the sloped awning surface the maximum size of logos limited to two square feet. 2. Height. Below edge of roof. 3. Illumination. External lighting only. Back-lit or translucent awnings are not allowed. 4. Location. One or two story buildings only. 5. Information limited to the name, logo, and type of business. 6. On the valance the height of the letters should be limited to 80 percent of the valance height. B. Directory Signs. 1. Area. NoNot more than twelve (12) square feet. 2. Height. Six (6) feet maximum when freestanding or attached to wall. 3. Illumination. Internal or external lighting allowed subject to review. 4 3. Location. Permitted in any zoning district. 24 C. Electronic Message Centers. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Publicly owned properties located adjacent to a major arterial or highway. D. Freestanding (Monument) Signs. 1. Area. Subject to the requirements of Section 17.27.070 Section 17.27.090 (Zoning District Standards). 2. Height. Subject to the requirements of Section 17.27.070 Section 17.27.090 (Zoning District Standards). 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. Permitted in all zoning districts. E. Freeway Oriented Freestanding Signs. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Any nonresidential zoning district immediately adjacent to Highway 101. F. Murals. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. G. Neon Signs and Tubing. Notwithstanding neon signs and tubing that are approved in conjunction with site plan and architectural review for a building, neon signs 25 and tubing may be used in limited quantitiesare subject to a conditional use permit in the C-R, C-N, I-L/O and M-U zoning districts. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. H. Projecting and Suspended Signs. 1. Area. No more than nine square feet. 2. Height. Below the edge of roof and not to exceed the top plate of the first floor of a multistoried building. Minimum clearance of eightten (10) feet between the bottom of the sign and the finished grade below. The clearance may be reduced to eight (8) if the sign is suspended below an awning, portico or other roof overhang. 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No more than thirty-six inches of sign may project over a public right-of-way or easement. Signs which project over a public right-of-way or easement will need to secure an encroachment permit. I. Theatre Marquee Signs. In addition to the signage allowed in Section 17.27.070090 (Zoning District Standards), a sign with changeable copy that does not exceed sixty-five65 square feet may be permitted upon approval of a conditional use permit. J. Time and Temperature Devices. In addition to the signage allowed in Section 17.27.070090 (Zoning District Standards) a time and temperature device that does not exceed eight square feet may be permitted. K. Wall Signs. 1. Area. Notwithstanding the standards in Section 17.27.070090 (Zoning District Standards), a wall sign may be located on any primary or secondary building frontage; the area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of the windows, doors and recesses. according to the area limits established in Tables 17.27-2, 17.27-3 and 17.27-4. . 2. Height. Below edge of roof. 26 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No sign shall projectmayproject from the surface to which it is attached more than required for construction purposes, and in no case more than twelve12 inches. No sign shallmay interfere with the operation of a door or window. L. Window Signs (Permanent). 1. Area. No more than twenty20 percent of each glazed area. 2. Height. BelowWithin the window frame. 3. Illumination. By conditional use permit. 4. Location. The first and second floors of a building only. (Ord. 765 § 2 (part), 2006) 17.27.090110 - Nonconforming signs. A. General Requirements. Signs which lawfully existed, were maintained and became nonconforming after the adoption date of the ordinance codified in this chapter that rendered such sign nonconforming, shallmust be removed or made to conform within thirty days30 days after written notice by the department of community developmentin the following circumstances: 1. Where there is a land use change on the site; 2. When a request is made for an exterior alteration or remodel where site design and architectural review is required; 3. When a sign is damaged by any cause which results in replacement or repairs where the cost for replacement or repair is greater than fifty percent of its replacement value at the time the damage occurred; or 4. Unless theThe sign is amortized as noted in accordance with the Amortization Schedule Table. Table 17.27-5: Amortization Schedule 200% Original Value (dollars) Amortization Period (years) < 500 Two 500 to < 1,000 Three 27 1,000 to < 3,000 Five 3,000 to < 6,000 Eight 6,000 and above Ten B. Multiple Signs. For the purpose of determining value when more than one nonconforming sign is located on a site, the original values shall bewill be aggregated. C. Value Determination. The original value of a sign shall be determined by any one of the following methods: 1. Appraisal in writing by a sign manufacturer; 2. Bill of sale; or 3. Description schedule from federal or state income tax return. (Ord. 765 § 2 (part), 2006) 17.27.100 - Enforcement.120 – Removal of signs A. A person who violates any section of this chapter shall be guilty of an infraction andA. Unsafe Signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property 15 days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage will be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with applicable law. B. Illegal signs. Any illegal sign must be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the director. Such notice must specify the nature of the violation, order the cessation of the use and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair may not be less than 15 days from the date of mailing the notice. The director’s order may be appealed to the planning commission according to the procedure in Section 17.25.120 and following. 28 C. Legal nonconforming signs - special circumstances. In accordance with California Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner’s or user’s ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. 17.27.130 - Enforcement. A. The violation of any section of this chapter is an infraction and may be punished in accordance with the provisions set forth in Chapter 1.16, (General Penalty) of the Rohnert Park Municipal Codethis code. B. If the owner of any sign or sign structure fails or neglects to comply with provisions of this chapter, it shall constitutesuch noncompliance constitutes a public nuisance in accordance with the provisions of Chapter 1.24, (Nuisance Abatement) of the Rohnert Park Municipal Codethis code and may be abated in the manner provided by such chapter. 17.27.140 – Appeals A. Any person seeking to appeal a decision of the director or planning commission granting or denying an application for issuance of a sign permit or sign program, revoking a permit or approval, or ordering the remediation or removal of a sign, may appeal such action in the manner provided by Article XII of Title 17 of this code commencing at Section 17.25.120. A.B. Any person dissatisfied with the final action taken by the planning commission or city council, as applicable, may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure section 1094.8. Homeless Shelter Separation Public Hearing City Council March 25, 2014 Subject Planning Commission recommends ◦Amend Section 17.07.02.M. Homeless Shelters (Title 17, of City Municipal Code (Zoning)) Purpose of amendments: ◦Reduce the separation requirement from 600 feet to 300 feet Why do we need to do this now? ◦Qualify for streamlined review ◦Comply with State law Background Housing Element Update ◦Currently underway ◦State requires adoption by January 2015 ◦City would like to qualify for streamlined review ◦Consultant has identified one minor change needed to zoning regulations Streamlined review ◦City must have regulations consistent with State housing law to qualify ◦Streamlined review is a shorter and more focused review by HCD The amendment There shall be a minimum distance requirement of 300 600 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved. Complies with California Government Code Section 65583(d) Recommendation Conduct Public Hearing Introduce Ordinance 877 ◦To adopt amendments to 17.07.02.M. Homeless Shelters Second reading and adoption April 8 Effective 30 days after adoption ITEM NO. 12 1 Meeting Date: March 25, 2014 Department: Development Services Submitted By: Marilyn Ponton, Int. Development Services Director Prepared By: Jeff Beiswenger, Planner III Agenda Title: Introduction of an Ordinance Amending Zoning Regulations Relating to Homeless Shelter Separation Requirements in Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance (File PLZO2013-0001). RECOMMENDED ACTION: Introduce Ordinance No. 877 Amending Chapter 17.07 Land Use Footnotes/Special Provision, Section 17.07.02.M. Homeless Shelters of the Zoning Ordinance (Title 17 of City Municipal Code). SUMMARY AND ANALYSIS: The City has initiated a project to update the Housing Element, part of the City’s General Plan. The Housing Element is required by the State of California to be updated periodically. The State’s Housing and Community Development (HCD) department has a new streamlined review process that jurisdictions can take advantage of, but only if all the housing regulations of the jurisdiction are in compliance with State law. The Housing Element update team has identified a minor inconsistency within the city’s zoning code with State housing law. Rohnert Park Municipal Code, Section 17.07.020.M (Homeless Shelters) requires a 600 foot separation between different shelters. State housing law has a very specific requirements related to separation requirements and only permit a separation distance of 300 feet. This can be addressed with a simple text amendment (see Exhibit A to the Ordinance). ENVIRONMENTAL DETERMINATION: No CEQA analysis is required for this project since it will have no impact on the environment and is exempted under 15061 (b)(3) of the “general rule exemption.” OPTIONS CONSIDERED: Staff considered making no change to the regulations. Without this change the zoning ordinance would remain out of compliance with state law. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 12 2 FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is staff time and legal counsel review costs related to the preparation of the zoning amendments. Since this change allows the City to qualify for “streamlined review” for the Housing Element, the City should experience a cost savings relating to preparation of the Housing Element. Department Head Approval Date: 3/10/14 City Manager Approval Date: 3/12/14 City Attorney Approval Date: 3/10/14 Attachments (list in packet assembly order): 1. Ordinance No. 877. An Ordinance of the City of Rohnert Park, California, Amending Section 17.07.020.M (Homeless Shelter) of the Zoning Regulations (Title 17). 2. Exhibit A to Ordinance No. 877: Zoning Ordinance Amendments to Section 17.07.020.M. (Homeless Shelters). Attachment 1 CITY COUNCIL ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING SECTION 17.07.020.M (HOMELESS SHELTERS) OF THE ZONING ORDINANCE WHEREAS, the City of Rohnert Park initiated Planning Application No. PLZO2013- 0001 which proposes to amend the Rohnert Park Municipal Code (“RPMC”) by amending Section 17.07.020.M (Homeless Shelters) of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the proposed amendments to Section 17.07.020.M (Homeless Shelters) would reduce the separation requirement between homeless shelters from 600 feet to 300 feet to comply with State housing law, specifically SB2 which addresses emergency shelters for homeless persons. WHEREAS, the text amendment is a necessary to fully implement the Housing Element of the City’s General Plan. WHEREAS, the proposed changes to Section 17.07.020.M (Homeless Shelters) are attached hereto as Exhibit A; WHEREAS, the text amendment will have no impact on the environment this therefore qualifies as a statutory exemption from CEQA under section 15061(b)(3) of the CEQA Guidelines; WHEREAS, pursuant to California State Law and the RPMC, public notice was published in the Community Voice for a minimum of 10 days prior to the public hearing and a copy of the proposed code amendment has been available for public review at City Hall; WHEREAS, on January 23, 2014, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, on March 25, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support of opposition to the proposal; and WHEREAS, the City Council has reviewed and considered the information contained in Planning Application No. PLZO2013-0001 for the proposed amendments to Section 17.07.020.M (Homeless Shelters) of the Zoning Ordinance. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Findings for Enactment of Amendments to Zoning Ordinance. The City Council hereby makes the following findings with respect to the proposed amendments to Section 17.07.020.M of the Zoning Ordinance; 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with provisions within General Plan 2020, including the following Goals and Programs of the Housing Element. The proposed text amendment continues to implement the following provisions of the Housing Element and will be consistent with State housing law that is a result of Senate Bill 2 (SB2). SB2 places limits on how transitional housing for homeless persons can be regulated. One of those limits is a maximum separation of 300 feet between shelters. The zoning code as current written is 600 feet and this change will bring the zoning code into compliance with State law. 1. Goal HO-16 Prevent homelessness and support efforts to provide housing for the homeless. 2. Program 16.1. Revise the Zoning Ordinance to allow emergency shelters that can house seven or more people in High Density Residential and Commercial districts by-right to facilitate the provision of such shelters. Ensure that development standards encourage and facilitate the use and only subject shelters to the same development and management standards that apply to other allowed uses within High Density Residential and Commercial Districts. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public health, safety and welfare by helping to remove obstacles to the establishment of homeless shelters which could help to reduce the incidents of overnight camping within the community where homeless persons are exposed to the elements and are more likely to be victims of crime. Section 2. Not a Project under CEQA. As a minor text amendment, the project will have no impact on the environment, is not considered a project under CEQA and therefore qualifies for the general rule exemption 15061(b)(3) of the CEQA Guidelines. No environmental review is necessary. Section 3. Approval of Zoning Ordinance Amendments. The City hereby approves the amendment to a specific section of the Zoning Ordinance substantially similar in form as attached as Exhibit A. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was introduced on March 25, 2014, and adopted by the Council of the City of Rohnert Park on ___, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK __________________________________ Joseph T. Callinan, Mayor ATTEST: ___________________________________ JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: ____________________________________ Michelle Marchetta Kenyon, City Attorney Exhibit A Amendments to Section 17.07.020.M (Homeless Shelter) Chapter 17.07 - LAND USE FOOTNOTES/SPECIAL PROVISIONS 17.07.020 - Footnotes. A. to L. no changes M. HOMELESS SHELTER. 1. This section is intended to provide guidelines to be used to implement policies contained in the housing element of the Rohnert Park general plan with regard to the siting of housing facilities for the homeless in the City of Rohnert Park. 2. Applicability. A homeless shelter for six or fewer persons may be located in conjunction with an existing church or other places of religious assembly, and in any portion of the city zoned for residential or commercial development. To ensure that a concentration of persons within a single site is compatible with the neighborhood and adequate for the persons living on-site, homeless shelters for seven or more persons may be permitted in conjunction with an existing church or other places of religious assembly, and in any portion of the city zoned for high- density residential or commercial development. 3. Physical characteristics. Persons seeking to establish homeless shelters shall be required to demonstrate: a. The facilities have adequate private living space, shower and toilet facilities, and secure storage areas for its intended residents. b. The facility shall have at least one room, which has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (Source: Uniform Housing Code.) Rooms used for sleeping shall meet requirements of the California Building Code and minimum health and safety requirements. c. The facility has an enclosed yard area, especially if the facility is located on a major thoroughfare. d. There shall be a minimum distance requirement of 300 600 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved. e. Facilities for seven or more persons shall have two off-street parking spaces plus one space for every two employees. 4. Programmatic characteristics. a. If the facility is proposed for a location in an area either zoned or developed as a residential area, all intake and screening shall be conducted off-site. b. The program shall provide accommodations appropriate for a minimum stay of twenty- eight days and a maximum stay of one hundred eighty days per client. c. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities. d. The program shall provide specific mechanisms for residents to contact social service and employment programs. e. If a program includes a drug or alcohol abuse counseling component, appropriate state licensing shall be required. f. The program shall include clear arrangements for on-site meal preparation or providing food in accordance with county health department regulations. g. The program shall, where applicable, provide a child care service and ensure that school-aged children are enrolled in school during their stay at the facility. h. The program shall have an identified administrator and liaison personnel. i. Administrators and operators of the program shall demonstrate experience in successfully running social service-related facilities. j. The program shall provide clear and established operational standards and rules (e.g., standards governing expulsions and lights-out). k. The program shall include identified funding mechanisms that are sufficient to ensure compliance with the required siting and programmatic criteria. ROHNERT PARK CITY COUNCIL WATER ISSUES SUBCOMMITTEE Special meeting notice AGENDA Tuesday, March 18, 2014 at 4:00 p.m. Rohnert Park City Hall Council Chambers 130 Avram Avenue Committee Members: Gina Belforte, Council Member Jake Mackenzie, Council Member City Staff: Darrin Jenkins, City Manager John McArthur, Director Public Works and Community Services Call to Order 1) Public comments, if any 2) Sonoma County Water Agency budget 3) Shortage Allocation Model 4) Water meters at mountain shadows 5) Update on Russian River water system Adjournment Posted in accordance with state law. Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and distributed with the agenda or handed out at the meeting will be available for public inspection in the City Manager’s Office at 130 Avram Avenue, Rohnert Park, CA during normal business hours. Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this meeting, please contact (707) 588.2226 at least 72 hours prior to the meeting to ensure accommodations. Item 13.A.1 City of Rohnert Park • 130 Avram Avenue • Rohnert Park, California 94928 Phone (707) 588-2226 • Fax (707) 792-1876 • www.rpcity.org ROHNERT PARK CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE SPECIAL MEETING NOTICE AND AGENDA Wednesday, March 19, 2014, 4:00 p.m. City Hall Council Chambers 130 Avram, Rohnert Park, California Committee Members: Joseph T. Callinan, Mayor Amy O. Ahanotu, Vice Mayor City Staff: Darrin Jenkins, City Manager John McArthur, Director Public Works & Community Services Marilyn Ponton, Interim Director of Development Services Bryce Atkins, Senior Analyst Call to Order 1. Public comments 2. Draft Economic Development Framework presentation / recommendation 3. Staff update 4. Electronic Message Centers a. Policy Review b. Second Sign 5. Additional comments, if any Adjournment Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and submitted to the members of the Economic Development Committee after distribution of the agenda packet will be available for public inspection in the City Manager’s Office at 130 Avram Avenue, Rohnert Park, CA during normal business hours. Disabled Accommodation: If you have a disability which requires an accommodation, an alternative format, or another person to assist you while attending this meeting, please contact (707) 588-2226 as soon as possible to ensure arrangements for accommodation. Item 13.A.2 ITEM NO. 15 1 Date: March 25, 2014 To: Rohnert Park City Council From: JoAnne Buergler, City Clerk Re: Budget Work-session Schedule The Mayor has called for special council meetings on the following dates and times for the FY 2014- 15 Budget Work-sessions: Tuesday, April 22, 2014 1-4:30 PM Tuesday, May 13, 2014 1-4:30 PM Tuesday, May 27, 2014 1-4:30 PM Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” Memo