2017/08/22 City Council Agenda Packet
City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928
PHONE: (707) 588-2227 FAX: (707) 794-9248 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, August 22, 2017
Open Session: 5:00 p.m.
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.”
Revised
Agenda Item 6.C.4 added to
Consent Calendar
City of Rohnert Park Joint Regular Meeting Agenda August 22, 2017
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
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Honoring Ashley Place for Receiving the Gold
Award in Girls Scouts
4. DEPARTMENT HEAD BRIEFING
A. Community Services:
Second Sunday Family Fun Series on Sept. 10, Oct. 8, Nov. 12 and Dec. 10
Spreckles Performing Arts Center Season Tickets
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/RPFA/Successor Agency Joint Regular Meeting, August 8, 2017
B. Acceptance of Reports for:
1. Annual Co-Sponsorship and Fee Waiver Report for FY 2016-17
2. City Bills/Demands for Payment dated August 22, 2017
3. RPFA- Cash Report for Month Ending July 2017
4. Housing Successor Agency- Cash Report for Month Ending July 2017
5. Successor Agency- Cash Report for Month Ending July 2017
C. City Council Resolutions for Adoption:
1. 2017-105 Approving the Position Title, Salary Range and Associated
Job Description for a Development Engineering Manager in
the Development Services Department
2. 2017-106 Authorizing and Approving the Director of Finance to
Increase Appropriations for the Fiscal Year 2017-18 for the
Purchase of Property at 6250 State Farm
3. 2017-107 Approving the Spreckels Performing Arts Center Re-Roof
and HVAC Replacement Project No. 2015-08, 2015-05 and
City of Rohnert Park Joint Regular Meeting Agenda August 22, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 5
2017-04, and Finding the Project Exempt From CEQA, and
Awarding the Contract to Stronger Building Services, and
Related Actions
4. 2017-109 Amending the Catastrophic Leave Program for Eligible,
Active Employees
D. Approval of Revised Policy for City Co-Sponsorships and Fee Waivers and
Rescind Resolution 2011-66
E. Authorize the Mayor to Execute and Deliver the City’s Response to the Grand
Jury Report on Groundwater Sustainability
F. Authorize the City Manager to Execute Amendment 2 to Task Order 2016-10
with GHD, Inc. to Provide Construction Management for the Snyder Lane
Rehabilitation (Project No. 2016-06) for an amount not to exceed $77,988
G. Authorize the City Manager to Execute a Joint Powers Agreement for Housing
and Community Development with the County of Sonoma and the Cities of
Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, Sonoma and the
Town of Windsor for the 2018-2020 Urban County Qualification Period
Council Motion/Vote
7. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: 6250 State Farm Drive, Rohnert Park, CA (APN: 143-051-021)
City Negotiator: Don Schwartz, Assistant City Manager
Negotiating Parties: Rhonda Deringer, Keegan & Coppin Company, Inc.
Under Negotiation: Price and Terms of Payment
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
8. Discussion and Direction on Recreational Courts Rehabilitation and Resurface
Plan
A. Staff Report
B. Public Comments
C. Council discussion/direction
9. TEFRA PUBLIC HEARING (NO EARLIER THAN 6PM)
Hold a Public Hearing under the Tax Equity and Fiscal Responsibility Act
(TEFRA) and Consideration of Approving the Issuance of Charter School
Revenue Bonds by the California Public Finance Authority for the Benefit of
Credo High School, not to exceed $3,000,000 in Bond Proceeds
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption:
1. 2017-108 Approving the Issuance by the California Public Finance
Authority of Charter School Revenue Bonds in an Aggregate
City of Rohnert Park Joint Regular Meeting Agenda August 22, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 5
Principal Amount not exceeding $3,000,000 for the Purpose of
Financing Improvements and the Acquisition of Furniture,
Fixtures and Equipment for the Use of Credo High School and
Certain Other Matters Relating Thereto
a. Council motion/discussion/vote
10. PUBLIC HEARING (NO EARLIER THAN 6PM)
INTRODUCTION OF ORDINANCE – Consideration of Adding Chapter 15.34,
“Electric Vehicle Charging Stations Review Process” to Title 15 of the Rohnert
Park Municipal Code to Comply with California Government Code Section
65850.7
A. Staff Report
B. Conduct Public Hearing
C. Ordinance for Introduction and Reading of Title:
1. No. 909 An Ordinance of the City of Rohnert Park, California, Adding
Chapter 15.34, “Electric Vehicle Charging Stations Review
Process” to Title 15 of the Rohnert Park Municipal Code
a. Council motion/discussion/roll call vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
11. COMMITTEE / LIAISON / OTHER 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
B. Liaison Reports
1. Santa Rosa Plain Groundwater Sustainability Agency (8/10)
2. Mayors’ & Councilmembers’ Association of Sonoma County (8/10)
3. Sonoma County Transportation Authority (8/14)
4. Chamber of Commerce (Board of Directors) (8/15)
5. Library Advisory Committee (8/15)
C. Other Reports
12. 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.
13. MATTERS FROM/FOR COUNCIL
Prior to agenda publication, any Councilmember may place an item on this portion of
the agenda. Upon the concurrence of two Councilmembers, the item may be added to a
subsequent agenda for deliberation and action. In accordance with the Brown Act, at
the City Council meeting, Councilmembers may not add items hereunder, except for
brief reports on his or her own activities or brief announcements regarding an event of
community interest.
City of Rohnert Park Joint Regular Meeting Agenda August 22, 2017
for City Council/RPFA/CDC Successor Agency Page 5 of 5
14. 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.
15. ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If
you wish to speak on an item under discussion by the Council which appears on this agenda, after
receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the
record. 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.
CERTIFICATION OF POSTING OF AGENDA
I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the
August 22, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for
review on August 18, 2017, 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 18th day of August, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
Honoring
ASHLEY PLACE
for Achievement in Receiving the Girl Scout Gold Award
As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and
congratulate Ashley Place for her outstanding achievement and exceptional leadership ability as evidenced
by her attainment of the Girl Scout Gold Award. The Gold Award represents the highest achievement in
Girl Scouting, recognizing girls who demonstrate extraordinary leadership through remarkable “T ake
Action” projects that have sustainable impacts in their communities and beyond. By earning this award, you
have joined the ranks of generations of young women who have made a real difference in their
communities. We offer Ashley our sincere congratulations for receiving this incredible award and wish her
the greatest success with her future endeavors.
Signed this 22nd day of August, 2017
By: _________________________________________
Jake Mackenzie , Mayor
Item No. 3A
Item No. 6A1
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, August 8, 2017
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the joint regular meeting to order at 5:00 pm, the notice for which being
legally noticed on August 3, 2017.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy O. Ahanotu, Councilmember
Gina Belforte, Councilmember
Joseph T. Callinan, Councilmember
Absent: None
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Marchetta-Kenyon, Development Services Director Pawson, Director of Public Works and
Community Services McArthur, Director of Public Safety Masterson, Finance Director Howze,
Planning Manager Beiswenger, Planner II Tusinger, Community Services Manager Bagley,
Senior Analyst L. Tacata, and City Clerk Buergler.
2. PLEDGE OF ALLEGIANCE
Led by Councilmember Belforte.
3. PRESENTATIONS
A. Overview of Marin/Sonoma Mosquito & Vector Control District.
Paul Libeu, Rohnert Park’s representative on the Board of Trustees for the
Marin/Sonoma Mosquito and Vector Control District, provided the overview.
4. DEPARTMENT HEAD BRIEFING
A. Finance Department: Introduction of Manuel Orozco, Supervising Accountant.
Finance Director Howze introduced Supervising Accountant Orozco.
City of Rohnert Park Joint Regular Meeting Minutes August 8, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 6
5. PUBLIC COMMENTS
Library Commissioner Barbara Mackenzie provided an update – Thanked the voters for the
passage of Measure Y; now the libraries are open 52 hours a week and have increased the
number of programs offered. Commissioner Mackenzie reported the library system
headquarters will be moving to Rohnert Park around October 1, 2017.
Barbara Mackenzie requested the City add a senior, active adult housing plan (designated
adult living complex) to one of the specific plan areas.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, July 25, 2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated August 8, 2017
2. Successor Agency to the CDC Bills/Demands for Payment dated August 8, 2017
3. City- Cash Report for Month Ending April 2017
4. City Councilmembers Quarterly Expense Report (April, May, June)
C. City Council Resolution for Adoption:
1. 2017-098 Authorizing and Directing the City Manager and Finance Director to
Arrange Certain Inter-Fund Loans to the Water Fund, to Use the
Proceeds Thereof and Retained Earnings in the Water Fund to
Prepay the City’s Obligations Under Its 2005 Installment Purchase
Agreement with the California Statewide Communities Development
Authority, and to Take All Other Action Necessary In Connection
Therewith
2. 2017-099 Authorizing the City Manager to Execute Task Order 2017-07 with
GHD, Inc. for Professional Engineering Design Services for the
Keiser Avenue Reconstruction (Project No. 2017-18) and Related
Actions
3. 2017-100 Approving the Grant of Two Easements to Sonoma County Water
Agency for the Purpose of Serving the High Pressure Transmission
Line through Rohnert Park
4. 2017-101 Approving a Fifth Amendment to the Agreement for Purchase and
Sale between the City of Rohnert Park and Stadium RP
Development Partners LLC and Related Actions (PULLED by
staff)
D. Ordinance for Adoption:
1. No. 908 An Ordinance of the City of Rohnert Park, California, Amending
Title 17 of the Rohnert Park Municipal Code to Regulate Short Term
Rentals
ACTION: Moved/seconded (Stafford/Callinan) to approve the Consent Calendar.
Motion carried by the following unanimous roll call 5-0 vote: AYES:
Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None,
ABSTAINS: None, ABSENT: None.
City of Rohnert Park Joint Regular Meeting Minutes August 8, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 6
7. Consideration of a Contract to Develop a Form Based Code Applicable to the City’s
Downtown District Amenity Zone
Planning Manager Beiswenger and consultant Daniel Parolek, Principal, Opticos Design,
Inc., presented the item. Recommended Action(s): Adopt a resolution authorizing the City
Manager to execute a contract with Opticos Design Inc. for a Form Based Code applicable to
the City’s Downtown District Amenity Zone.
Public Comment: None.
ACTION: Moved/seconded (Belforte/Stafford) to adopt Resolution 2017-102
Authorizing the City Manager to Execute a Contract with Opticos Design Inc.
for a Form Based Code Applicable to the City’s Downtown District Amenity
Zone.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
8. Consideration of Agreement with Credo High School for Use of the Callinan Sports and
Fitness Center
Community Services Manager Bagley presented the item. Recommended Action(s): Adopt a
resolution authorizing the City Manager to execute an agreement between the City and Credo
High School (Credo) for use of the Callinan Sports and Fitness Center (Sports Center)
gymnasium for volleyball and basketball practices in exchange for the purchase of a new
scoreboard.
Public Comment in support of approving the agreement: Kyle Conway; Julia Anderson;
Scotty McKeon Tech High and Rancho Cotate High Athletic Director; Kim Holland, Credo
High Athletic Director; Bailey Holland; Chip Romer, Credo High Director; and Barbara
Mackenzie.
ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2017-103
Authorizing the City Manager to Execute an Agreement with Credo High
School for Use of the Callinan Sports and Fitness Center and Related Actions
and allow Credo the ability to hang a temporary banner with Credo’s name
and logo at the Sports Center on game days.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
Mayor Mackenzie stepped away from dais 6:34 p.m. and Vice Mayor Stafford assumed the gavel.
Mayor Mackenzie returned at 6:37 p.m. and reassumed the gavel.
9. Consideration of Purchase and Sales Agreement with Kandy Investments, LLC for the
Purchase of 6250 State Farm Drive
Assistant City Manager Schwartz presented the item. Recommended Action(s): Approve
resolution to enter into Purchase and Sales Agreement with Kandy Investments, LLC for the
City of Rohnert Park Joint Regular Meeting Minutes August 8, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 6
purchase of property located at 6250 State Farm Drive in Rohnert Park and to authorize the
City Manager to execute documents and take actions necessary to effectuate the purchase.
Public Comment: None.
ACTION: Moved/seconded (Callinan/Belforte) to approve Resolution 2017-104
Authorizing and Approving a Purchase and Sale Agreement with Kandy
Investments, LLC, for the City’s Purchase of Property at 6250 State Farm
Drive and Authorizing the Mayor or City Manager to Execute the Agreement
and Take All Other Actions Necessary to Consummate the Transaction
Contemplated by this Resolution with additional language, provided by City
Attorney Marchetta-Kenyon, added to the end of Section 4, “…including any
extensions to title examinations or other due diligence periods set forth in the
agreement.”
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
10. Consideration of Adjustment to City Council Compensation
City Manager Jenkins presented the item. Recommended Action(s): Provide direction to staff
regarding amount of city councilmember compensation adjustment.
Public Comment: None.
ACTION: By Consensus (Belforte and Ahanotu opposed), City Council directed staff to
move forward with an increase to city councilmember compensation using a
calculation based on the percentage employees’ compensation has increased
between 2006 and 2018 and bring back an ordinance for adoption.
11. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
None.
B. Liaison Reports
1. Russian River Watershed Association (7/27)
Vice Mayor Stafford reported the Association is keeping up-to-date with legislative
developments, holding education public workshops, and developing an Association
work plan.
2. Water Advisory Committee (8/7)
Mayor Mackenzie reported the Committee met with the Sonoma County Water
Agency, the Potter Valley Irrigation District’s relicensing is underway, and Sonoma
County Board of Supervisors Chair Shirlee Zane testified in front of a senate
environment committee on how the release of water from dams is regulated and
currently there are larger amounts of water being released than normal.
City of Rohnert Park Joint Regular Meeting Minutes August 8, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 6
3. Sonoma Clean Power (8/3)
Councilmember Belforte reported the electric vehicle incentive program starts again
this week.
C. Other Reports
1. Ad Hoc Committee to Review City Commission, Committee and Board Member
Terms of Office (7/25)
Mayor Mackenzie reported the Ad Hoc Committee recommended changing all City
Commission, Committee, and Board member terms of office to four (4) year terms
that coincide with the appointing Councilmember’s term of office and if Council
supported the recommendation various resolutions and ordinances would need
amending.
ACTION: By Consensus (none opposed), City Council directed staff to move
forward the Ad Hoc Committee’s recommendation.
2. Golden Gate Bridge District
Councilmember Belforte reported a bridge toll gantry system will be installed across
south bound lanes for toll collection as the current electronic tolling system no longer
meets California requirements.
3. Local Agency Formation Commission (LAFCO)
Vice Mayor Stafford reported LAFCO commissioners unanimously supported the
Southwest Santa Rosa Reorganization which included the annexation of Roseland as
well as four (4) other unincorporated islands.
12. COMMUNICATIONS
None.
13. MATTERS FROM/FOR COUNCIL
Councilmember Belforte acknowledged the traffic control work for the Ironman triathlon
performed by Public Safety.
ACTION: By Consensus (none opposed), City Council directed staff to report
back on the impact of the Ironman event on Rohnert Park.
Councilmember Callinan acknowledged the work that went into putting on the National
Night Out event.
14. PUBLIC COMMENTS
None.
15. CLOSED SESSION
A. Mayor Mackenzie made the closed session announcement pursuant to Government Code
§54957.7 and Council recessed to Closed Session at 7:09 p.m. in Conference Room 2A to
Consider:
City of Rohnert Park Joint Regular Meeting Minutes August 8, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 6
1. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 7:16 p.m.
C. Report on Closed Session (Government Code § 54957.1)
Mayor Mackenzie reported: no reportable action.
16. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 7:16 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. 6B1
1
Meeting Date: August 22, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Renée Eger, Administrative Assistant
Agenda Title: Annual Co-Sponsorship and Fee Waiver Report for FY 2016-17
RECOMMENDED ACTION:
This is an informational item.
BACKGROUND:
In July 2011, City Council Policy 490.13 - Co-Sponsorships & Fee Waivers was adopted. This
policy recognizes that the City routinely receives requests from non-profit organizations and
service clubs to waive temporary use permit and/or rental fees for the use of City facilities.
Per this policy, fees may be waived or co-sponsorships approved by the City Manager, or designee,
based on the determination that the program or event is: 1) of significant value to the community
or to a significant portion of residents; and 2) within the scope of services normally provided by
the City. City Manager approved fee waivers and co-sponsorships may not exceed $1,000 in total
cash or in-kind value for an entire activity or project with the exception of the Project Graduation
event, for which additional funding may be granted at the sole discretion of the City Manager.
As required by the policy, this is the annual report regarding fee waivers and co-sponsorships
approved by the City Manager during the past fiscal year. Included in this report are associated
costs to the City, as well as comments regarding the effectiveness of the waivers in promoting
community services through collaboration with both private and non-profit partnerships.
On July 11, 2017, City Council directed staff to modify the fee waiver policy.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6B1
1
Table: Co-Sponsorships & Fee Waivers Granted – FY 2016-17
Description of Waiver or
Sponsorship
Approval
Date
Type
(W/S)1
Amount
($)
Community Benefit
1. Founders’ Day Event 10/2016 W 4,400 Celebrates Rohnert Park’s history, fosters
City/community partnerships, and promotes
economic development.
2. RP Chamber of Commerce
Holiday Lights Celebration
12/2016 S 325 Community event
3. Rotary Holiday Toy Drive 12/2016 W 720 Non-profit organization
4. Credo High School Winter
Dance
01/2017 W 1000 Non-profit organization; supports youth
5. CRPUSD Middle School
Career Fair
3/2017 W 800 Non-profit organization; provides direction
and support to local youth
6. Miss Sonoma County 03/2017 W 767 Supports youth scholarship program
7. Fishing Derby 5/2017 S 606 Serves approximately 500 children and
families by introducing the sport of fishing.
8. CRP Project Graduation 5/2017 W 5,400 Supports partnership with non-profit and
promotes health and safety.
9. Child Parent Institute (CPI)
Day Camp Facility Use
06/2017 W 1000 Non-profit organization
$15,018 Total Amount Granted FY 2016-17
1Key: Type W = Waiver; S = Sponsorship
Department Head Approval Date: August 7, 2017
City Manager Approval Date: August 14, 2017
City Attorney Approval Date: N/A
Item No. 6B2
Item No. 6B3
Item 6B4
Item No. 6B5
ITEM NO. 6C1
Meeting Date: August 22, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Approving the Position Title, Salary Range and Associated Job Description for
a Development Engineering Manager in the Development Services Department
RECOMMENDED ACTION: Adopt a Resolution Approving the Position Title, Salary Range
and Associated Job Description for a Development Engineering Manager in the Development
Services Department
BACKGROUND: As part of the Fiscal Year 2017-18 budget, the City Council approved an
upgrade of the Chief Building Official position to a Development Engineering Manager. This
upgraded role reflects the broad range of development oversight provided by the City’s Chief
Building Official. The requested action will formalize the budget approval by adopting the
position title, job description and salary range associated with this new role.
ANALYSIS: Development Services senior staff reviewed the Department’s workload, staffing
and outside consulting resources and concluded that upgrading the Chief Building Official role
to a true management role allows for better operation of the department and service to the
department’s customers. The new role will augment the Chief Building Official’s current role to
include more comprehensive review of all engineering aspects of development proposals, which
will enhance the City’s ability to more effectively manage the conversion of raw land to finished
construction. The new role also provides a solid management team in the department which will
include the Planning Manager, the Deputy City Engineer (who has oversight of the City’s
Capital Improvement Program) and the new Development Engineering Manager who will have
oversight of development engineering and the building division. The Chief Building Official will
retain the duties and responsibilities of his current role, while providing additional support and
oversight of larger development proposals.
The modified position will be in the Management Unit. Approval of the new position title, salary
range and associated job description will allow Development Services to promote a qualified
internal candidate and fill a new and necessary role for the Department.
In order to maintain internal equity while attracting qualified candidates, staff recommends
placing Development Engineering Manager in the existing Management salary range 94
($8,070.55 - $9,809.19 monthly). This salary range is on par with the Planning Manager and the
Deputy City Engineer for Capital Improvement.
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. 6C1
STRATEGIC PLAN ALIGNMENT: Approving this position change is consistent with
Strategic Plan Goal A-2 which focuses on workforce development and succession planning. It is
also consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. The recommended action implements the staffing plan
approved with the City’s budget.
FISCAL IMPACT/FUNDING SOURCE: The proposed position change was approved with
the City’s Fiscal Year 2017-18 budget so there is no additional fiscal impact. Funding comes
from the Development Services operational budget, which emphasizes cost recovery. The
majority of the position would be funded through capital permit fees and charges to developers
through agreements.
Department Head Approval Date: 08/02/2017
Finance Director Approval Date: 08/12/2017
City Attorney Approval Date: N/A
City Manager Approval Date: 08/14/2017
Attachments (list in packet assembly order):
1. Resolution Approving the Position Title, Salary Range and Associated Job
Description for a Development Engineering Manager in the Development
Services Department
2. Exhibit A – Job Description for Development Engineering Manager | Chief
Building Official
1
RESOLUTION NO. 2017-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE POSITION TITLE, SALARY RANGE AND ASSOCIATED JOB
DESCRIPTION FOR DEVELOPMENT ENGINEERING MANAGER IN THE
DEVELOPMENT SERVICES DEPARTMENT
WHEREAS, staff conducted an assessment of its operational needs and determined
that an upgrade of the current Building Official position to include broader oversight of general
development engineering would improve operations and service to customers, and
WHEREAS, staff recommends that the existing Building Official be modified to create
an alternate job classification of Development Engineering Manager; and
WHEREAS, staff recommends placement of the Development Engineering Manager in
the existing Management Unit salary range 94; and
WHEREAS, the Fiscal Year 2017-18 staffing plan and operational budget for the
Development Services Department included this modified and upgraded position; and
WHEREAS, staff has developed a job description for the new position that reflects the
expected duties and performance for the position.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby approve the position title, salary ranges and associated job
description for Development Engineering Manager | Chief Building Official, which is attached
hereto as Exhibit “A” and incorporated by this reference.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: _________BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
1
Development Engineering Manager Building Official
Bargaining Unit: Management
Class Code: _
SALARY RANGE
$8,070.55 - $9,809.19 Monthly
DESCRIPTION:
Plans, supervises, coordinates, and performs activities related to development engineering including
site work, building inspection and enforcement of the Municipal Code, including the adopted Building
Code. Reviews, issues, processes, and approves permits issued by the engineering and building
divisions. As the Building Official is the designated authority charged with the administration and
enforcement of the California Building Standards Code.
Distinguishing Characteristics
The Development Engineering Manager is a division manager within Development Services and
responsible for managing activities related building and engineering approvals for new development
and redevelopment, including review and approval engineering and building plans and permits, building
and site work inspection and enforcement. The Development Engineering Manager manages
subordinate staff and consultants and designs and implements programs and systems in conformance
with general policy guidelines, standards, appropriate laws, codes and regulations.
Supervision Received/Exercised
Administrative direction is provided by the Director of Development Services. The Development
Engineering Manager provides supervision of Building Inspection and Plan Check staff, Engineering
Technicians, Community Development Assistants, Office Assistants, Code Compliance Officers,
assigned to the Development Engineering Division, as well as managing consultants who perform
work related to the review, approval and inspection of private development work.
ESSENTIAL JOB FUNCTIONS:
Duties include but are not limited to the following:
• Provides complex, technical guidance to staff and external organizations, agencies and
businesses related to site development and building construction;
• Explains and interprets applicable codes and ordinances for contractors and the general public
• Facilitates the resolution of development related problems by identifying the issues of concern
and working collaboratively with all stakeholders;
• Represents the City in meetings with representatives of governmental agencies, architects,
engineers, contractors, property and business owners and the public
• Handles difficult inquiries, complaints, and code enforcement issues and makes final
determinations in situations requiring a Building Official's opinion
• Reviews building and site construction plans for adequate design and compliance with the City’s
development conditions and Municipal Code;
• Calculates appropriate permit and development fees; approves plans and issues permits
Exhibit A
2
• Performs and supervises field inspections of all types of site development and building
construction; assures that construction conforms to approved plans and specifications
• Conducts studies, prepares reports of findings, including recommendations and prepares
updated codes for adoption;
• Makes oral and written reports to Commissions and City Council.
• Plans, organizes, assigns and coordinates field and office work related to new development and
redevelopment including coordination with other City departments, outside agencies and
consultants;
• Supervises, trains, mentors, develops and evaluates the performance of assigned staff;
• Assists in the development and implementation of goals, objectives, policies, procedures, work
standards, checklists and budgets;
• May be called out any time of the day or night to determine safety of structures following
emergencies and natural disasters
• Performs related duties as assigned.
QUALIFICATIONS AND REQUIREMENTS:
Sufficient education, training and experience to successfully perform the duties of a Development
Engineering Manager and Building Official in a municipal agency. A typical way of obtaining the
required qualifications is to possess:
• A Bachelor's Degree in a related field;
• Four years of work experience in a combination of building inspection, code enforcement, and
plan checking of varied residential, commercial and industrial facilities, including two years in a
lead or supervisory capacity;
• Certification as a Building Official.
Certificate/License Requirement:
• Within one year of appointment, the incumbent shall obtain a Building Official certification by the
International Code Council (ICC) or its successor agency and undergo the necessary
requirements to maintain this certification throughout employment.
• Possession of a Class C California driver's license by date of appointment.
Knowledge of:
• Federal, State, County, and City codes and ordinances relating to site development, plan review
and building construction and structural requirements including low impact development and
water efficient landscape requirements.
• Methods, materials and techniques used in the design and construction of a variety of site
development and building projects.
• Procedures and legal processing of administrative hearings; subdivision improvement
agreements; bonding securities; and insurance.
• Acceptable health, safety, and fire standards in building construction.
• Principles and techniques of building inspection, code enforcement and plan checking.
• Principles and practices of supervision, training and customer service.
Exhibit A
3
Ability to:
• Assign, direct, plan coordinate and evaluate the work of technical staff and consultants.
• Establish goals and objectives and meet firm deadlines.
• Interpret and explain provisions of applicable standards, ordinances, codes and conditions
enforced by the City
• Handle difficult complaints and inquiries utilizing a collaborative, consensus-building, flexible
and inclusive team approach.
• Apply technical knowledge analyze conflicting information and develop solutions to
problems;
• Use sound inspection methods to explain workmanship and materials, and to detect deviations
from plans, specifications, and standard installation practices
• Read and interpret plans, diagrams, and specifications in order to check for proper design,
code, and ordinance compliance
• Make complex arithmetic calculations quickly and accurately
• Write clear and concise reports and prepare and deliver presentations
• Learn and apply new technology
• Establish and maintain cooperative working relationships, and provide excellent customer
service
• Comprehend and draw inferences from codes, policies, and technical literature.
• Conduct meetings using effective communication skills;
• Exercise individual and innovative judgment and make timely and difficult decisions.
WORKING CONDITIONS:
The work is performed both indoors in an engineering office environment and in the field at a variety of
types of construction sites, including rough terrain, existing street areas and structures under
construction.
The position requires sitting, standing, walking on level, rough, and slippery surfaces; reaching,
twisting, turning, kneeling, bending, stooping, squatting, crawling, grasping and making repetitive hand
movements in the performance of daily duties. The position also requires dexterity in climbing up to
roofs, walking on roofs, and crawling under structures, along with the necessity of near and far vision,
when comparing onsite construction conformance to approved plans. The need to lift, push, and move
barriers weighing greater than 25 pounds when doing field inspections is also required. Individuals in
this position work in all weather conditions including wet, hot, and cold. The nature of the work may
require climbing unusual heights on ladders, being around power, noise, and vibrating tools and being
around moving vehicles and heavy equipment which subjects the employee to mechanical, electrical,
and traffic hazards.
Individuals in this classification also communicate orally, both face to face and using the telephone, with
the public and co-workers. Individuals in this position sit at a desk or in meetings for extended periods
of time with the ability to move about at will. Individuals in this position data into computers, tablets and
keyboard devices; this involves making fine, highly controlled muscular movements and repetitive arm-
hand movements.
ITEM NO. 6C2
1
Meeting Date: August 22, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Resolution authorizing appropriations for property at 6250 State
Farm Drive
RECOMMENDED ACTION: Approve a resolution authorizing the Finance Director to
increase FY 17-18 appropriations by $2,000,000 to purchase the 6250 State Farm Drive and
additional amounts as necessary to pay for closing and other ancillary costs.
BACKGROUND: On August 8, 2017 the City Council approved a Purchase and Sales
Agreement for the City to purchase the property at 6250 State Farm Drive in Rohnert Park for
$1,850,000. Because this purchase was not budgeted, a resolution authorizing appropriations for
the purchase and related expenses for closing costs is needed.
ANALYSIS: The property at 6250 State Farm Drive is a centrally-located, highly-visible
property in the heart of the City’s future downtown. Purchasing the property gives the City
maximum control over this key site, ensuring that it will be developed in a way that supports a
downtown consistent with the City’s vision.
ALIGNMENT WITH STRATEGIC PLAN: Creating a robust downtown, which this
purchase will contribute to, is a key part of the Strategic Plan’s goal to develop a vibrant
community.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approving the resolution increasing
appropriations to allow the City to purchase the property.
2. Alternative: Staff did not consider alternative options as any would be inconsistent with
the City Council’s decision to purchase the property.
FISCAL IMPACT/FUNDING SOURCE: The proposed purchase price is $1,850,000. The
resolution includes up to an additional $150,000 to cover the City’s share of closing and ancillary
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. 6C2
2
costs including appraisal, inspections, real estate consulting, and attorneys fees. The funding
source is General Fund Balance assigned to reserves that exceed the City’s minimum reserve
policy amounts.
Department Head Approval Date: N/A
Finance Director Approval Date: 08/10/17
City Attorney Approval Date: 08/14/17
City Manager Approval Date: 08/17/17
Attachments (list in packet assembly order):
1. Resolution
RESOLUTION NO. 2017-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO
INCREASE APPROPRIATIONS FOR FY 2017-18 FOR THE
PURCHASE OF PROPERTY AT 6250 STATE FARM DRIVE
WHEREAS, the City Council of the City of Rohnert Park adopted the FY 2017-18
Budget on June 13, 2017; and,
WHEREAS, the City Council has the authority to amend the budget; and,
WHEREAS, on August 8, 2017 the City Council approved a Purchase and Sales
Agreement for the City to purchase the property at 6250 State Farm Drive in Rohnert Park for
$1,850,000; and,
WHEREAS, purchasing property has closing and other ancillary costs that must be paid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the foregoing recitals are true and correct and that it does hereby authorize and approve
the Finance Director to increase FY 17-18 appropriations by $1,850,000 to purchase the property
at 6250 State Farm Drive and additional amounts as necessary to pay for related costs, up to
$150,000.
BE IT FURTHER RESOLVED that the Director of Finance is authorized to make any
administrative adjustments as necessary to record the transaction in the City’s records in
accordance with generally accepted accounting principles.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
AHANOTU: ________ BELFORTE: ________ CALLINAN: ________ STAFFORD: ________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 6C3
1
Meeting Date: August 22, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Terrie Zwillinger, Project Coordinator
Agenda Title: Consideration of the Spreckels Performing Arts Center Re-Roof and HVAC
Replacement Project No. 2015-08, 2015-05 and 2017-04, Finding the Project
Exempt from CEQA, Approving and Adopting Plans and Specifications,
Authorizing the Finance Director to Increase Appropriations in FY 17-18 for
the Project and Awarding the Contract to Stronger Building Services
_____________________________________________________________________________________________________
RECOMMENDED ACTIONS:
Adopt a Resolution for the following actions:
1. Approve and adopt the plans and specifications for the Spreckels Performing Arts Center
Re-Roof and HVAC Replacement Project No. 2015-08, 2015-05 and 2017-04,
2.Find such action exempt from California Environmental Quality Act (CEQA),
3.Accept the bids and award the contract for the project to Stronger Building Services in the
amount of $2,072,163, and
4.Authorize the Finance Director to increase appropriations in the project fund, the Bond 1
and PAC Capital Facility Fee Fund.
BACKGROUND:
The Spreckels Performing Arts Center (PAC) Re-Roof Project No. 2015-08 was identified in the
FY 2015/16 CIP (Bond 1 & 2) and the PAC HVAC Replacement Project Nos. 2015-05 (Bond 1
& 2) and 2017-04 (Bond 3) were identified in the FY 2015/16 CIP and FY 2016/17 CIP. Strata
ap, Inc. was awarded the design agreement for the roof replacement portion of the project on June
14, 2016. GHD, Inc was awarded the design agreement for the HVAC replacement on May 24,
2016.
Because the two projects were located at the same facility and because the roof area under the
HVAC units also needs to be replaced, staff determined that it would be most efficient to combine
the roof replacement and HVAC replacement projects and bid them as one project.
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
Supplemental Item No. 1
Agenda Item 6C3
August 22, 2017
City Council Meeting
ITEM NO. 6C3
2
ANALYSIS:
Municipal Code Title 3, Chapter 3.04, Section 3.04.020 provides that the City's purchasing
functions shall be governed by the City's purchasing policy. An invitation to bid was advertised
on July 11, 2017 and was published on July 14 and 21, 2017 with the Community Voice, consistent
with the City’s Purchasing Policy Section 3.6F Contracts for Public Projects which defers to the
Cost Accounting Policies and Procedures Manual set forth under the California Uniform Public
Contract Cost Accounting Act (CUPCCAA).
The project was designed to replace the existing asphalt shingle roof with standing seam metal
roof and replace six of the nine HVAC units at the Performing Arts Center. The engineer’s
estimate for the roof replacement and replacement of 6 of the HVAC units was $2,008,000. The
bids all included a $10,000 allowance for dry-rot to be paid on a time and material basis as
approved by the Project Manager.
Two Bid Alternates were included in the contract documents: A-1) HVAC Unit Replacement (3)
and A-2) Duct Cleaning. Due to budgetary concerns, replacement of the six HVAC units on the
top floor level only were included in the base bid and the remaining 3 HVAC units on the lower
level were included as “bid alternative” A-1. Bid Alternate A-2 was for Duct Cleaning. These
items were identified as alternates to solicit costs from the contractor during bid so that the City
could determine whether these items could be added to the project depending on available project
budget and cost of proposals.
Two pre-bid meetings were held on July 24 and July 26, 2017. Thirty-four contractors (both
general and sub-contractors) attended the meetings.
Bid Analysis
Bid opening occurred on August 8, 2017 at 10:00 AM and staff received nine (9) bids, as listed
below:
No. Contractor Base Bid Amount
Bid Alternate A-1 & A-2
1 Stronger Building Services
San Leandro, CA
$1,740,963
A-1 $331,200
A-2 $200,649
2 Jeff Luchetti Construction, Inc
Santa Rosa, CA
$1,749,000
A-1 $345,000
A-2 $160,000
3 Pioneer Contractors, Inc
San Francisco, CA
$1,766,000
A-1 $400,000
A-2 $167,000
4 Best Contracting Services, Inc
Sonoma, CA
$1,773,594
A-1 $526,278
A-2 $192,000
5 SW Allen Construction, Inc
Sacramento, CA
$1,798,443
A-1 $366,838
A-2 $15,084
6 Western Roofing Service
San Leandro, CA
$1,864,424
A-1 $424,159
A-2 $140,410
7 ERC Roofing and Waterproofing
San Clemente, CA
$1,944,533.80
A-1 $350,503
A-2 $224,999
ITEM NO. 6C3
3
No. Contractor Base Bid Amount
Bid Alternate A-1 & A-2
8 Rua & Son Mechanical, Inc
Rocklin, CA
$1,955,700
A-1 $337,128
A-2 $131,951
9 Southwest Construction & Property
Management
San Bruno, CA
$2,156,000
A-1 $348,000
A-2 $184,300
Staff reviewed the bids for responsiveness and contractor responsibility. The apparent low bidder
was Stronger Building Services with a base bid in the amount of $1,740,963. The cost for the Bid
Alternates were: A-1 HVAC Units (3) $331,200 and A-2 Duct Cleaning $200,649.
Bid Alternatives
A-1: PAC HVAC unit replacement (3 units on lower level). Replacement of the remaining three
HVAC units on the lower level would be beneficial to include in the project at this time. The cost
provided by Stronger Building Services was found to be reasonable and the project budget in the
Bond 3 fund for PAC HVAC Project No. 2017-04 is sufficient to accommodate the additional unit
replacement. Staff recommends authorizing Bid Alternative A-1 into the Contract award.
A-2: Duct Cleaning. Duct cleaning was included as a bid alternate to be added if sufficient funds
were available. The ducts could be cleaned at a later date and staff believes that the price was too
high. The project budget does not have additional funding for this work. Staff recommends not
authorizing Bid Alternate A-2.
Total Project Budget
The total project budget is $2,429,164. The recommended cost to award the construction contract
to Stronger Building Services Construction is $2,072,163 (base bid of $1,740,963 plus Bid
Alternate A-1 of $331,200). The total contract award cost is broken down below. The 10%
contingency is shown for budgetary purposes:
Project Contract Award
Amount 10% Contingency
PAC Re-roof $1,290,000 $129,000
PAC HVAC Replacement $450,963 $45,096
Bid Alternate A-1 PAC HVAC Replacement $331,200 $33,120
Total $2,072,163 $207,216
Staff has reviewed the bid proposal and the contractor is found to be responsible and responsive.
Staff recommends that the City Council approve and adopt the plans and specifications as well as
accept the bids and award a contract to the lowest responsible and responsive bidder, being
Stronger Building Services. Adopting the resolution would find the project to be exempt under
CEQA regulations as is described below.
ITEM NO. 6C3
4
Timeline
If the City Council awards the bid, construction of the project would begin in early September,
2017. The construction period is 90 calendar days in the contract documents. Under the best
circumstances, construction would be complete by the early December, 2017; however, wet
weather and other unforeseen conditions could extend the construction period until later into the
next year.
ENVIRONMENTAL ANALYSIS:
The Project involves replacement of a roof and HVAC units. Therefore, the Project is categorically
exempt from the requirements of CEQA pursuant to Sections 15301 (Existing Facilities) and
15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15301,
15302).
STRATEGIC PLAN ALIGNMENT:
This project is consistent with Strategic Plan Goal D2 – Improve Transportation and
Infrastructure.
OPTIONS CONSIDERED:
Option 1: This project was designed to replace the roof and HVAC units. The roof has been
leaking over the last several years and three of the HVAC units have failed and cannot be repaired.
The City Council has determined that this project is a high priority and staff recommends that the
construction contract be approved. Staff recommends this Option.
Option 2: If the project is not constructed, the roof will continue to deteriorate causing increased
dry rot and damage to the building. The failed HVAC units cannot be repaired and staff and
patrons will not have heating and cooling in the areas affected by the units. Staff does not
recommend this option.
FISCAL IMPACT/FUNDING SOURCE:
The Spreckels Performing Arts Center Re-Roof and HVAC Replacement Project No. 2015-08,
2015-05 and 2017-04 in the amount of $2,429,164 is proposed to be funded through the 2007R
TAB Bonds: Bond 1 & 2 and Bond 3, and the PAC Capital Facility Fees.
The budgets for the awarded project are as follows:
PAC Re-Roof Project No. 2015-08 (Bond 1&2)
Item
Amount
Construction Cost from Stronger Building Services $1,290,000
10% Construction Contingency 129,000
Design Engineer Costs 19,650
Other Project Related Costs for
Spreckels Performing Arts Center Re-Roof and HVAC
replacement (includes. City labor, legal, printing) 4,361
Total Project Cost 1,443,011
Total Current Budget FY 17/18 1,204,810
Budget Shortfall (238,201)
ITEM NO. 6C3
5
PAC HVAC Project No. 2015-05 (Bond 1&2)
Item
Amount
Construction Cost from Stronger Building Services $450,963
10% Construction Contingency 45,096
Design Engineer Costs 84,200
Other Project Related Costs for
Spreckels Performing Arts Center Re-Roof and HVAC
replacement (includes. City labor, legal, printing) 5,443
Total Project Cost 585,702
Total Current Budget FY 17/18 517,924
Budget Shortfall (67,778)
PAC HVAC Project No. 2017-04 (Bond 3)
Item
Amount
Construction Cost from Stronger Building Services $331,200
10% Construction Contingency 33,120
Design Engineer Costs
Other Project Related Costs for
Spreckels Performing Arts Center Re-Roof and HVAC
replacement (includes. City labor, legal, printing) 36,131
Total Project Cost 400,451
Total Current Budget FY 17/18 400,451
Budget Shortfall (0)
BOND 1 & 2 Projects Shortfall
As noted in the tables above, the two project budgets in Bond 1 & 2 have a short fall of $238,201
(re-roof) and $67,778 (HVAC) respectively, for a total shortfall of $305,979. On Aril 25, 2017,
Resolution 2017-45 released and unencumbered $286,646 of Bond 1 & 2 funds from the
Community Center Parking Lot Project that has been completed. Staff recommends appropriating
$233,474 of these available funds. This leaves a remaining shortfall of $72,505. There is available
funding in the PAC Facility Fee in the amount of $100,000. Staff recommends appropriating the
$100,000 for this project to cover any unforeseen costs. If they become available, staff would first
use savings from other completed bond projects before using the PAC Facility Fee.
BOND 3 Project
The PAC HVAC Replacement Project 2017-04 is fully funded and appropriated at $ 400,451.
_____________________________________________________________________________________________________
ITEM NO. 6C3
6
Department Head Approval Date: (J. McArthur) 8/8/17
Finance Director Approval Date: (B. Howze) 8/11/17
City Manager Approval Date: (D. Jenkins) 8/18/17
City Attorney Approval Date: (Chad Herrington) 8/9/17
Attachments (list in packet assembly order):
1. Approving Resolution
a. Exhibit A to the Resolution (Contract)
1
RESOLUTION NO. 2017-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SPRECKELS PERFORMING ARTS CENTER RE-ROOF AND
HVAC REPLACEMENT PROJECT NO. 2015-08, 2015-05 AND 2017-04, FINDING THE
PROJECT EXEMPT FROM CEQA, APPROVING AND ADOPTING PLANS AND
SPECIFICATIONS, AUTHORIZING THE FINANCE DIRECTOR TO INCREASE
APPROPRIATIONS FOR THE PROJECT AND AWARDING THE CONTRACT TO
STRONGER BUILDING SERVICES
WHEREAS, the Spreckels Performing Arts Center Re-Roof and HVAC Replacement
Project No. 2015-08, 2015-05 and 2017-04 (“Project”) will replace the roof with standing seam
metal and replace six of the HVAC units; and,
WHEREAS, the City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section
3.04.020 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 3.6F
Contracts for Public Projects which defer to the Cost Accounting Policies and Procedures
Manual set forth under the California Uniform Public Contract Cost Accounting Act
(CUPCCAA), an invitation to bid was advertised on July 11, 2017 with the Community Voice
for the Project; and,
WHEREAS, the plans and specifications for the Project were designed by STRATA ap
(Spreckels Performing Arts Center Re-roof) of Sonoma, California and GHD, Inc (HVAC
Replacement) of Santa Rosa, California; and,
WHEREAS, the bids for the Project were opened on August 8, 2017; and,
WHEREAS, Public Works staff reviewed the bids received for responsiveness and
determined that Stronger Building Services submitted the lowest cost bid and is the lowest
responsive and responsible bidder, and,
WHEREAS, Public Works staff recommends authorizing approval of Bid Alternative A-
1 in the amount of $331,200 for the replacement of three HVAC Units; and,
WHEREAS, there are funds budgeted or available in the Bond 1 & 2 and Bond 3 funds;
and,
WHEREAS, the Performing Arts Center has an established $2 facility fee on all ticketed
events at the Performing Arts Center and the City Council approved the Facility Fee Use Policy
for the purpose of funding facility improvement costs; and,
( 2 )
2017-107
WHEREAS, the main purpose of the Facility Fee is to provide a funding source for PAC
facility needs; and,
WHEREAS, the Performing Arts Center Re-Roof and HVAC Replacement Project has
been identified by the City Council as an important Capital Improvement Project; and,
WHEREAS, staff is proposing to fund the budget shortfall of $72,505 and additional
contingency funds up to $100,000from the PAC Facility Fee Fund; and,
WHEREAS, there are sufficient funds in the Performing Arts Facility Fee Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
Section 1. The above recitals are true and correct and material to this Resolution.
Section 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.
Section 3. The Project is categorically exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines sections 15301 (Existing
Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regis. §§ 15301, 15302).
Section 4. The plans and specifications for the Spreckels Performing Arts Center Re-
Roof and HVAC Replacement Project No. 2015-08, 2015-05 and 2017-04 are hereby approved
and adopted.
Section 5. In accordance with California Public Contract Code Section 20160 et seq. and
following any other applicable laws, the bids for the Project are accepted, and Stronger Building
Services is hereby found to be the lowest responsive and responsible bidder and any irregularities
in such bid are waived in accordance with applicable law.
Section 6. The City Council of the City of Rohnert Park that it does hereby authorize the
Director of Finance, to increase appropriation in the project funds ($333,474), to be funded by
the Bond 1 & Bond 2 Funds in the amount of $233,474, and the Performing Arts Center (PAC)
Capital Facility Fee Fund in the amount of $100,000, and any other administrative appropriations
necessary to fund the project.
Section 7. An agreement between Stronger Building Services and the City of Rohnert
Park for the Project in the amount of Two Million, Seventy-two Thousand, One Hundred Sixty-
three dollars ($2,072,163) has been prepared by the City and is attached hereto as Exhibit “A.” .
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 of the agreement in
substantially similar form to the agreement attached hereto as Exhibit “A,” subject to minor
modifications by the City Manager or City Attorney.
( 3 )
2017-107
Section 8. The City Manager is authorized to sign Contract Change Orders up to ten
percent (10%) of the construction contract award amount.
Section 9. City staff is hereby directed to issue a Notice of Award to Stronger Building
Services for this project.
Section 10. This Resolution shall become effective immediately.
Section 11. 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.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Page-1
CONSTRUCTION CONTRACT
SPRECKELS PERFORMING ARTS CENTER RE-ROOF AND HVAC REPLACEMENT
PROJECT NO. 2015-08, 2015-05 AND 2017-04
THIS AGREEMENT, made and entered into this _____ day of______________, 2017, by
and between Stronger Building Services, 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 August 22, 2017, 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 $500.00 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 Two Million, Seventy-two Thousand, One-
hundred Sixty-three dollars ($2,072,163).
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
Page-2
e) Faithful Performance Bond
f) Labor and Material Bond
g) Special Provisions
h) Standard Specifications
i) Technical specifications
j) Design Standards
k) 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.
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
Page-3
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 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
Page-4
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.
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.
Page-5
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
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,
Page-6
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.
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 Mana ger, 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
ITEM NO. 6C4
1
Meeting Date: August 22, 2017
Department: Human Resources
Submitted By: Victoria Perrault, Human Resources Director
Prepared By: Tracy Rankin, Human Resources Analyst
Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the
City of Rohnert Park’s Amended Catastrophic Leave Program for Eligible,
Active Employees
RECOMMENDED ACTION:
Approve the attached resolution authorizing and approving the City of Rohnert Park’s Amended
Catastrophic Leave Program for Eligible, Active Employees.
BACKGROUND and ANALYSIS:
The City has an established Catastrophic Leave Program which allows City employees to
donate annual leave and compensatory hours to employees in need who meet certain criteria
to alleviate financial hardship. Currently, only regular, full-time or part-time employees who
have completed 2,080 hours, or one year of employment with the City, are eligible to apply
for catastrophic leave.
In order to provide an expanded benefit to City employees facing critical circumstances, the
City would like to reduce the eligibility requirement to allow regular, full-time or part-time
employees who have complete 1,040 hours, or six months of employment with the City, to
apply for catastrophic leave. Human Resources advised the Rohnert Park Employees’
Association (RPEA), Service Employees’ International Union Local 1021 (SEIU), Rohnert
Park Public Safety Managers’ Association (RPPSMA) and the Rohnert Park Public Safety
Officers’ Association (RPPSOA) of the proposed amendment and there were no objections.
Accordingly, Staff recommends the Council adopt the Amended Catastrophic Leave Program
for Eligible, Active Employees attached as Exhibit A to this staff report.
FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact.
Department Head Approval Date: N/A
City Manager Approval Date: 8/18/17
City Attorney Approval Date: N/A
Finance Director Approval Date: N/A
Attachments (list in packet assembly order):
1.Resolution Authorizing and Approving the City of Rohnert Park Amended Catastrophic
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
Supplemental Item No. 2
Agenda Item 6C4
8/22/2017 City Council Meeting
ITEM NO. 6C4
2
Leave Program for Eligible, Active Employees
2. Exhibit “A” City of Rohnert Park Amended Catastrophic Leave Program for Eligible,
Active Employees
RESOLUTION NO. 2017-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE,
ACTIVE EMPLOYEES
WHEREAS, the City has established a system and pool whereby employees of
the City of Rohnert Park may donate and use annual leave and compensatory hours to
alleviate financial hardship in catastrophic circumstances; and
WHEREAS, the City wishes to expand employee eligibility for the program by
reducing the threshold for eligibility to one thousand forty hours (1040) or six months of
employment; and
WHEREAS, the City agreed in the meet and confer process with employee
groups to amend the threshold for eligibility to the Catastrophic Leave Program.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of
Rohnert Park hereby adopts and approves “Exhibit A” hereby attached as its Amended
Catastrophic Leave Program for eligible active employees.
BE IT FURTHER RESOLVED that the City hereby establishes this Amended
Catastrophic Leave Program and that the City Manager is authorized to administer said
program.
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
________________________
Jack Mackenzie, Mayor
ATTEST:
________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT “A”
AMENDED CATASTROPHIC LEAVE PROGRAM
Purpose
The purpose of the Catastrophic Leave Program is to establish a system and pool
whereby employees of the City of Rohnert Park may donate annual leave and
compensatory hours to a pool for an employee in need who meets the criteria to obtain
Catastrophic Leave to alleviate financial hardship.
Catastrophic Leave Pool
All regular full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her annual leave time per calendar year into the Catastrophic
Leave Pool. The donating employee must have an annual leave balance of at least
forty (40) hours after the donation of annual leave time.
All regular, full-time and part-time employees of the City of Rohnert Park may donate up
to forty (40) hours of his/her compensatory time per calendar year into the Catastrophic
Leave Pool. The donating employee is not required to have a compensatory time
balance after the donation of the compensatory time.
All time donated will be credited on an hour-for-hour basis regardless of hourly pay
differential. The Human Resources Department will account for the donation and
disburse catastrophic leave hours.
Catastrophic Leave
Catastrophic Leave is hours of time which have been donated into a pool and may be
used by an employee in need and who meets the criteria of this program.
Catastrophic leave may be used for an absence due to a verifiable long-term illness or
injury such as, but not limited to, cancer and heart conditions which clearly incapacitate
the employee; for a serious illness or injury to a spouse, child, parent or other
dependent who is in need of the employee’s care.
Eligibility
To be eligible to apply for hours of catastrophic leave, an employee must be a regular,
full-time or part-time employee who has completed 1040 hours or six months of
employment with the City, and has exhausted all other benefits available for which they
are entitled.
Catastrophic Leave shall not be used in conjunction with any other long-term or short-
term disability programs, Social Security or Workers’ Compensation Benefits.
Catastrophic Leave may not be used to extend a date of retirement. Should this
program conflict with any other provision of law, applicable Government Codes or
AMENDED CATASTROPHIC LEAVE PROGRAM
PAGE 2 OF 2
CalPERS regulations, the City will comply with those provisions and not the Amended
Catastrophic Leave Program.
The City reserves the right to require the employee to provide medical or other
verification that they have met the criteria established in this policy. While an employee
is utilizing Catastrophic Leave, they do not accrue any annual leave benefits.
Leave Requests
Any employee who meets the above criteria may submit a request for Catastrophic
Leave through his/her Department Head to the City Manager. The City Manager will
determine eligibility and approve/deny leave requests as outlined in this policy.
Determinations made by the City Manager may be appealed to the Leave Appeal
Committee within ten (10) calendar days of the City Manager’s decision. A majority
decision of the Leave Appeal Committee is final and binding.
The Leave Appeal Committee shall consist of one representative from each of the
following bargaining units: Rohnert Park Employees’ Association (RPEA), Rohnert Park
Public Safety Officers’ Association (RPPSOA), and the Service Employees’
International Union (SEIU).
Leave requests may be approved for up to 480 hours per employee, per catastrophic
need event.
APPROVED BY RESOLUTION NO. 97-165
AMENDED BY RESOLUTION NO. 01-270, DATED 12/11/01
AMENDED BY RESOLUTION NO. 2017-190, DATED 8/22/2017
ITEM NO. 6D
1
Meeting Date: August 22, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Approval of Revised Policy for City Co-sponsorships and Fee Waivers
RECOMMENDED ACTION: Staff recommends that the City Council approve a revised
policy for City co-sponsorships and fee waivers and rescind Resolution 2011-66.
BACKGROUND: The City receives requests from numerous organizations to co-sponsor
events with financial support, to waive fees for the use of City facilities and property, and to
waive fees for events held on private property. These requests come primarily from non-profit
organizations, with some requests from schools and businesses. Fee waivers make it easier for
schools and non-profit organizations to offer events and services to Rohnert Park residents.
The City provides financial support for events in different ways:
a. The City has discounted, non-profit rates for use of City facilities, including the
Community Centers and Performing Arts Center.
b. The City grants waivers of up to $1,000 in fees for non-profit organizations to rent City
facilities. Nearly all of the fee waivers granted are for the use of Community Centers.
c. The City grants fee waivers, typically up to $1,000, for non-profit organizations for
temporary use permits for some events, including Holiday Lights and in prior years the
Community Safety Fair. Other events pay the fees because they do not qualify for a
waiver, including the Pacific Islander Festival and the Love in a Shoebox BBQ.
d. The City has provided other events with larger fee waivers (e.g., Project Graduation
received a fee waiver of $5,400 in FY 16-17, and Founders Day received a fee waiver of
$4,400).
In 2011, the City Council adopted a policy on Co-sponsorships and Fee Waivers via Resolution
2011-66 which is hereby attached as Attachment C. At its July 11, 2017 meeting, the Council
provided direction to staff on revisions to the policy. The revised policy reflects Council
direction and includes the following provisions:
1. Organizations are eligible for one co-sponsorship or fee waiver per year, with a
maximum value of $1,000.
2. The policy allows the City Manager to considered requests in light of the City’s finances,
so the policy does not guarantee that requests will be accommodated.
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. 6D
2
3. The policy allows co-sponsorships or fee waiver for events beyond “the scope of services
normally provided by the City,” which is not permitted by the July, 2011 policy. This will
allow for types of events which benefit residents but are not offered by the City.
4. The policy allows co-sponsorships or fee waiver for events held by organizations based
in Rohnert Park or elsewhere in Sonoma County. This clarifies ambiguities in the July,
2011 policy.
5. The policy prohibits co-sponsorships or fee waivers for private business, including those
that donate a portion of event proceeds.
6. The policy requires that all events receiving City support be open to the public, even if
that requires purchasing a ticket.
7. The policy ‘grandfathers in’ organizations receiving waivers in FY 2016-2017 that might
otherwise be ineligible, while retaining the limit to one fee waiver/co-sponsorship per
organization per year, and the $1,000 limit. Attachment B lists these organizations.
8. The policy excludes events held at the Performing Arts Center, except for Miss Sonoma
County which is included in the organizations receiving waivers in FY 2016-2017.
9. The policy retains restrictions on City support for events which promote weapons, drugs
or alcohol, adult-oriented business, political or religious views, and similar other uses.
Applicants can also request City Council approval for larger fee waivers and/or co-sponsorships,
as has been the practice for Founders Day.
In addition to changes to the policy, staff will follow up on the Council direction to seeking
funding to cover the costs of fee waivers and sponsorships through the Rohnert Park Foundation,
consistent with the Foundation’s purpose to “. . . manage funds in connection with civic purposes
and projects, which may include . . . projects which sustain or enhance the community of
Rohnert Park, including, but not limited to, facilities, ceremonies, festivals, anniversaries,
tournaments or other facilities or events advancing the spirit of community and open and
accessible to all members of the public”
Also, in the coming months staff plans to review rental fees for all rental facilities using the
community benefit methodology approved by the City Council; under this approach, fees are set
based on the degree of public compared to private benefit for different uses. The review will
include the Performing Arts Center, where fees were last updated in 2007. This would include
comparing PAC fees with those charged by other facilities used by dance and other performance
groups. The PAC offers discounts ranging from 30% to 62%, and nearly all renters are from
outside of Rohnert Park. The Council approved revised fees for Community Centers in 2015, and
included provisions for increases related to inflation.
ALIGNMENT WITH STRATEGIC PLAN: The recommended policies are consistent with
the Strategic Plans goals of fiscal responsibility and community participation.
ITEM NO. 6D
3
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends adopting the revised policy as it reflects
direction provided by the City Council at its July 11, 2017 meeting and rescinding
Resolution 2011-66. No other options were considered.
FISCAL IMPACT/FUNDING SOURCE: The value of fee waivers is approximately
$15,000/year, mostly for Founders Day and Project Graduation. This amount may increase
slightly if more organizations apply for fee waivers.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: July 31, 2017
City Manager Approval Date: August 7, 2017
Attachments (list in packet assembly order):
1.Attachment A: Proposed Co-sponsorship and Fee Waiver Policy
2.Attachment B: List of Grandfathered Organizations and Summary of Fee Waivers
and Other Support, FY 16-17
3. Attachment C: Rescind Resolution 2011-66
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO-SPONSORSHIPS AND FEE WAIVERS
POLICY NO. ☐ MINUTE ORDER EFF. DATE
AUGUST 22,
2017
PAGE 1 OF 3
PURPOSE
The City of Rohnert Park receives requests from non-profit organizations and service clubs
to co-sponsor activities and to waive rental fees for City facilities, special event fees for events
held on City property, and waive temporary use permit fees for events held on private
property. Examples include sporting events, school events, festivals, toy drives, community
events, lunches and dinners.
Recognizing the value of partnering with other organizations to provide services of benefit to
the community, while still upholding its fiscal responsibilities, the City has established this
policy on when fees may be waived or co-sponsorships approved. This policy applies to
events of a short duration, and not to long-term or on-going uses for which rentals of City
property are more appropriate.
POLICY
Organizations eligible for fee waivers and co-sponsorships include:
1. Government agencies whose use is consistent with its normal functions, including public
schools in Rohnert Park not managed by the Cotati-Rohnert Park School District. Any
requests from schools managed by the Cotati-Rohnert Park Unified School District shall
follow any Use Agreement with the School District.
2.Any charitable [501(c)3] or social welfare [501(c)4] organization based within the City of
Rohnert Park or Sonoma County; IRS documentation of non-profit status may be
required. The Chamber of Commerce will also be eligible so long as it retains any
501(c) status.
Fees may be waived, or co-sponsorships approved, by the City Manager or his/her
designee, based on the following criteria:
a.The program or events is of significant value to the community (City of Rohnert Park
and/or Sonoma County) and is open to the public.
b.The waiver/co-sponsorship will not be detrimental to the City’s financial situation.
c.There is no conflict of interest or perception of a significant conflict of interest for the
City.
d.The proposed event or program shall not have a significant impact on City facilities or
other City activities, and any minor impacts shall be mitigated by the applicant.
Attachment A
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO-SPONSORSHIPS AND FEE WAIVERS
POLICY NO. ☐ MINUTE ORDER EFF. DATE
AUGUST 22,
2017
PAGE 2 OF
3
e.An organization shall be eligible for a sponsorship or fee waiver only once within a 12
month period.
f.Fee waivers and co-sponsorships may not exceed $1,000 in total cash/in-kind value,
with the exception of the Project Graduation event, for which additional funding may
be granted at the discretion of the City Manager.
g.The following events are eligible for future fee waivers and/or co-sponsorships based
on their history of events in Rohnert Park, subject to the limit of “e” and “f” above:
•Founders Day Celebration
•Chamber of Commerce Holiday Lights
•Cotati Rohnert Unified School District Middle School Career Fair
•Project Graduation
•Credo High School Dance
•Fishing Derby at Roberts Lake
•Child Parent Institute Day Camp
•Rotary Club Toy Drive
•Miss Sonoma County
Activities which are ineligible for waivers and co-sponsorship include those which:
i.Enhance private businesses or generate profit for a business, even if some proceeds
are donated to non-profits
ii.Are held on behalf of, in support of, or in opposition to any political candidate or ballot
measure or advocate a political position
iii.Advocate or promote the sale or use of tobacco, alcohol, controlled substances,
firearms or other weapons
iv.Promote adult-oriented businesses or include pornography
v.Solicit criminal activity
vi.Are held on private property
vii.Are held at the Performing Arts Center, unless part of “g” above.
Religious organizations with the required IRS status for charitable or social welfare
organizations may apply if the proposed event neither promotes religious messages nor
advocates for or promotes religious beliefs.
Co-sponsorship or fee waivers granted by the City are not intended to create public forums
for general speech and/or public expression.
Availability of a non-profit or other reduced rate shall not affect eligibility for a fee waiver or
sponsorship.
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO-SPONSORSHIPS AND FEE WAIVERS
POLICY NO. ☐ MINUTE ORDER EFF. DATE
AUGUST 22,
2017
PAGE 3 OF
3
ADMINISTRATION OF POLICY
All applicants must follow the requirements in the City’s standard use agreement. The event
or program will comply with the City’s non-discrimination policy and all other applicable City
policies.
Applications for fee waivers must be submitted at the time a facility is reserved and must
include all required information no less than 60 days in advance of the event. Security
deposits will be refunded if a fee waiver application is denied.
The City reserves the right to access all activities at any time to ensure all rules, regulations,
conditions of use, City and health and safety laws are not violated. Co-sponsorships and fee
waivers can be revoked at any time, effective immediately, if the recipient agency or
organization fails to comply with this policy or any other local, State or Federal regulation.
Upon agreeing to co-sponsor or waive fees for an event, program or project, the City may
provide some or all of the following:
a.City staff assistance with planning, organizing, and/or conducting of the activity;
b.Use of the City’s name, logo, or other imagery on promotional materials;
c.Use of City resources including equipment and supplies, which may be at additional
cost;
d.Assistance with the promotion of the activity via the City’s website, social media
channels, Rohnert Park Cable Television, Recreation Activity Guide, email lists, digital
billboards, or other sources;
e.Display space for promotional materials at City facilities.
Applicants denied a fee waiver or co-sponsorship may deliver a written appeal for
consideration by the City Manager or other members of the City’s Executive team as
designated by the City Manager within one week of the denial, along with the application for
facility use, fee waiver, and any supporting documentation. The decision then made by the
City Manager shall be final.
Staff shall provide annual reports to the City Manager regarding fee waivers and co-
sponsorships approved or implemented during the past fiscal year. The City Manager shall
provide the report to City Council no later than sixty (60) days following the close of the fiscal
year.
ATTACHMENT B
FY 2016/2017 Fee Waivers
Event/Grandfathered organizations Organization Type Fees Paid Type of Fee Value of Fee
Waiver
Founders Day Celebration Community Service 0 Special Event Fee 4,400
RP Chamber of Commerce (Holiday Lights Celebration)Non-profit organization 0 Special Event Fee 325
CRPUSD (Middle School Career Fair)School 0 rental fee 800
Project Graduation Non-profit organization 0 rental fee 5,400
Credo High School - Winter Dance School 180 rental fee 1,000
Fishing Derby at Roberts Lake Private/Residential 0 insurance fee 606
Child Parent Institute - Day Camp Facility Use Non-profit organization 0 rental fee 1,000
Rotary Holiday Toy Drive Non-profit organization 0 rental fee 720
Miss Sonoma County Non-profit organization 3,797 rental fee 767
Total fees waived 15,018
RESOLUTION NO. 2011-66
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROHNERT PARK ADOPTING A
FEE WAIVER AND CO- SPONSORSHIP POLICY
WHEREAS, the City of Rohnert Park routinely receives requests from non - profit
organizations and service clubs to co- sponsor various activities, or to waive temporary use
permit fees. and /or rental fees for the use of City facilities; and
WHEREAS, the City Council of the City of Rohnert Park recognizes the value of
partnering with other agencies and organizations to provide additional services of benefit to the
community, while still upholding its fiscal responsibilities; and
WHEREAS, a fee waiver and co- sponsorship policy will provide community members
with a fair and open process for requesting and receiving City support for their endeavors; and
WHEREAS, approval of a limited number of these requests will not overly burden the
City's resources;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rohnert
Park hereby establishes the City of Rohnert Park Fee Waiver and Co- Sponsorship Policy to direct
when fees may be waived or co- sponsorships approved, attached hereto as Exhibit A.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
26`h day of July, 2011.
CITY OF ROHNERT PARK
AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Attachment C
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO
CO- SPONSORSHIPS AND FEE WAIVERS I 490.13 1 2011 -66
F9Uq.1J-0W=
91
EFF. DATE I PAGE 1 OF 4
7/26/2011
The City of Rohnert Park routinely receives requests from non- profit organizations and
service clubs to co- sponsor various activities, or to waive temporary use permit fees and /or
rental fees for the use of City facilities. Examples of these activities include public music
performances, art exhibitions, sporting events, sales of food or merchandise, walk -a- thons,
tele- a- thons, raffles, and auctions.
Recognizing the value of partnering with other agencies and organizations to provide
additional services of benefit to the community, while still upholding its fiscal
responsibilities, the City has established the following policy to direct when fees may be
waived or co- sponsorships approved.
POLICY
Fees may be waived, or co- sponsorships approved, by the City Manager or his /her
designee, based on his /her determination that the program or event: 1) is of significant
value to the community or to a significant portion of its residents, and 2) is within the scope
of services normally provided by the City.
Before granting approval, the City Manager or designee will also consider factors including
but not limited to: benefit to the applicant, proposed event location and time of day, impact
on the surrounding neighborhood, and monetary cost to the public.
While organizations and agencies may qualify for fee waivers or co- sponsorships based on
meeting this policy's criteria, the City does not guarantee all requests will be
accommodated. The City Manager (or his /her designee) may determine not to provide
support, due to lack of adequate funds or other resources, or when the request represents
a conflict of interest or is not in the best interest of the City.
Fee waivers and co- sponsorships granted may not exceed $1,000 in total cash /in -kind
value for an entire activity or project, with the exception of the Project Graduation event, for
which additional funding may be granted at the discretion of the City Manager.
Activities specifically prohibited from City co- sponsorship or waiver of fees include those
that: enhance private businesses; are held on behalf of, in support of, or in opposition to
any political candidate or ballot measure or advocate a political position; advocate or
promote the sale or use of tobacco, alcohol, controlled substances, firearms or other
weapons; promote adult- oriented businesses or include pornography; or that solicit criminal
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO- SPONSORSHIPS AND FEE WAIVERS 490.13
RESO. NO
2011 -66
1!3
EFF. DATE I PAGE 2 OF 4
7/26/2011
activity. Religious organizations having 501(c)(3) non - profit status may apply for fee
waivers or co- sponsorships if the proposed program, event or project neither promotes
religious messages nor advocates for or promotes religious beliefs.
The City's co- sponsorship or financial support of events or programs is not intended to
create public forums of general speech and /or public expression, except as provided by
law. To the extent any event, site, project or program is designed for a specific purpose or
public message, such event, site, project or program shall remain a non - public forum
subject to the City's exclusive use and control.
All resources to be provided by the City in co- sponsorship of an event or program shall be
within current funding allocations, and expenditures shall not result in a reduction of other
City services. If the Facility Use Fee schedule approved intermittently by City Council
includes reduced fees for use of facilities by certain types of organizations, such
organizations shall not be entitled to a fee waiver under this Policy for such previously
approved use. Fee waivers may be reflected in reduced revenue totals at fiscal year end.
The City reserves the right to access all activities at any time to ensure all rules,
regulations, conditions of use, City and health and safety laws are not violated. Co-
sponsorships and fee waivers can be revoked at any time, effective immediately, if the
recipient agency or organization fails to comply with this policy or any other local,'State or
Federal regulation.
Those seeking fee waivers or co- sponsorships must qualify under one of the following two
categories:
1. Government
Fees may be waived or co- sponsorships approved when the applicant is a government
agency whose proposed. use is consistent with the performance of its normal business
functions.
2. Financial Hardshi
Fees may be waived or co- sponsorships approved for a non - profit or community service
organization meeting all the following criteria:
A. The organization is a valid non - profit or community service organization based within
the City of Rohnert Park or surrounding communities (may be required to provide
IRS documentation of non - profit status).
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO- SPONSORSHIPS AND FEE WAIVERS
POLICY NO
490.13
RESO. NO
2011 -66
EFF. DATE I PAGE 3 OF 4
7/26/2011
B. The imposition of fees or absence of co- sponsorship would create a financial
hardship on the organization or would have a detrimental effect on the services
provided to the public.
C. The event or program will be open to the public and is in compliance with the City's
non - discrimination policy and all other applicable City policies.
D. The proposed event or program shall not have a significant impact on existing or
future City facilities or other City activities, and any minor impacts shall be mitigated
by the applicant or its volunteers. If such impacts cannot be mitigated, the public
benefit provided by the event or program must outweigh the impacts created.
The following applies to all events, programs and projects designated as co- sponsorships
or for which fees have been waived:
A. Use of facilities for programs and events is subject to facility availability, based on:
prior reservations, Council Chamber use as governed by Section IX of the City
Council Protocols, or urgent need by the City (as determined by the City Manager).
Preference will be given to those activities conducted directly by the City.
B. All agencies or organizations requesting use of City facilities must complete a
Facility Use Application and Agreement. The City Manager may, at his or her
discretion, place conditions on the use to minimize impacts to facilities or costs to
the City, or to restore facilities to pre -event condition.
C. Applicants may be required to purchase Special Event Insurance providing for
general liability up to $2,000,000 (two million dollars) per occurrence, and a hold
harmless agreement. The per- occurrence amount and insurance fee shall be
determined and paid at the time application is made.
D. A refundable security deposit may be required. Deposit amounts are set to ensure
proper clean -up and cover the City's costs for remediation of any damage or loss. If
the full deposit is not received by the specified date, the facility request shall be
cancelled and approval withdrawn.
E. Applicants utilizing facilities shall comply with all requirements normally applicable to
use of City facilities. Applicants are required to check with staff to assure all
conditions of the facility use permit have been met, based on standards established
by the City. Deposits will be refunded within four (4) to six (6) weeks of the event or
activity, if standards have been met.
F. Applicants shall secure any necessary additional permits, e.g., from the County
Health Department for food sales, and alcohol use permits.
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
CO- SPONSORSHIPS AND FEE WAIVERS
POLICY NO
490.13 2011 -66
EFF. DATE
7/26/2011
D]
PAGE 4OF4
G. Appropriate recognition of the City of Rohnert Park as co- sponsor of or contributor to
the event or program will be provided on all promotional materials and at the event
or program. Promotional materials, the event/program schedule, location and
activities must be approved in advance by the City Manager or his /her designee.
H. When conducting fundraising events or programs, applicants must provide financial
statements detailing funds raised and distributed, within thirty (30) days following the
event or program.
Applicants are responsible for payment of the full cost of materials, labor,
replacement, repairs, or damages related to the event, project or program,
regardless of the amount. If damage occurs and the completed remediation costs
the City less than the amount of the deposit, the difference shall be refunded.
Upon agreeing to co- sponsor or waive fees for an event, program or project, the City may
provide some or all of the following, on a case -by -case basis:
1. City staff assistance with planning, organizing, and /or conducting of the activity;
2. Use of the City's name, logo, or other imagery on promotional materials;
3. Use of City resources including equipment and supplies;
4. Assistance with the promotion of the activity via the City's website, Rohnert Park
Cable Television, Focus, Recreation Activity Guide, email lists or other sources;
5. Display space for promotional materials at City facilities.
Applicants denied a fee waiver or co- sponsorship may deliver a written appeal for
consideration by the City Manager, no later than thirty (30) days prior to the proposed event
or program. The decision then made by the City Manager shall be final.
Staff shall provide annual reports to the City Manager regarding fee waivers and co-
sponsorships approved or implemented during the past fiscal year. Reports shall include
City costs, and comments regarding the effectiveness of the, co- sponsorship /fee waiver
program in providing additional recreational and community services through private and
non - profit partnerships. The City Manager shall provide the report to Citv. Council no later
than sixty (60) days following the close of the fiscal year.
ITEM NO. 6E
1
Meeting Date: August 22, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Authorize the Mayor to Execute and Deliver the City’s Response to the
Grand Jury Report on Groundwater Sustainability
RECOMMENDED ACTION: By Minute Order, authorize the Mayor to execute and deliver
the City’s response to the Grant Jury Report on Groundwater Sustainability.
BACKGROUND and ANALYSIS: On June 19, 2017, the Sonoma County Grand Jury
delivered its report “Groundwater Sustainability, to Meter or Not”. The City is required to
respond to the Grand Jury’s findings and recommendations within 90 days. The Grand Jury
Report contains nine findings and two recommendations which focus on encouraging the various
public agencies to work cooperatively to form Groundwater Sustainability Agencies and pool
resources to comply with the Groundwater Sustainability Act.
The Grand Jury’s analysis is sound. However, because the Grand Jury’s work was ready for
publication before the June 1, 2017 formation of the Santa Rosa Plain Groundwater
Sustainability Agency, its recommendations have been superseded by the City’s actions. The
City is a signatory to the “Joint Exercise or Powers Agreement Creating the Santa Rosa Plain
Sustainability Agency”, which fully implements the Grand Jury’s recommendations. The City’s
response outlines this and makes several small clarifying statements about the Grand Jury’s
findings.
STRATEGIC PLAN ALIGNMENT: None. The recommended action is required by law.
OPTIONS CONSIDERED: None. The recommended action is required by law.
FISCAL IMPACT/FUNDING SOURCE: None.
Department Head Approval Date: 08/04/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 08/07/2017
City Manager Approval Date: 08/31/2017
Attachments (list in packet assembly order):
1. City Response to Grand Jury Report
2. Grand Jury Report “Groundwater Sustainability, to Meter or Not”
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
Attachment 1
City of Rohnert Park
Response to Grand Jury Report on Groundwater Sustainability
1
Response to Grant Jury Report Form
Report Title: Groundwater Sustainability
Report Date: June 16, 2017
Response By: City of Rohnert Park with respect to the Santa Rosa Plain
FINDINGS
I (we) agree with the findings numbered: F1 through F9 with the clarifications attached.
RECOMMENDATIONS
Recommendations numbered: R1 and R2 have been implemented. A summary is attached.
Date: _______________________ Signed: _________________________________________
Jake Mackenzie, Mayor, City of Rohnert Park
Number of pages attached: 1
Attachment 1
City of Rohnert Park
Response to Grand Jury Report on Groundwater Sustainability
2
Response to Grant Jury Report on Groundwater Sustainability
City of Rohnert Park Clarifications and Responses
The City agrees with Findings F1 through F9, with the following clarifications:
F2: The City of Rohnert Park approved the Joint Exercise of Powers Agreement Creating the
Santa Rosa Plain Groundwater Sustainability Agency (GSA) on April 25, 2017. The GSA Board
met for the first time on June 1, 2017 and filed with the Department of Water Resources
F3, the exemption from metering applies to wells that pump less than two acre-feet per year for
domestic purposes. Also, while this translates to an average of about 1,785 gallons per day, the
key factor is an annual, rather than a daily, total.
F8: in addition to the two time periods listed, there will be a review of each Basin’s JPA following
submission of its Groundwater Sustainability Plan to the Department of Water Resources.
F10: The City agrees the groundwater sustainability agency will need to have independence
and maintain transparency when implementing their authority. The City is not commenting on
the finding that “Influence by groundwater users, both large and small, may impede the goal of
developing an accountability system on an aquifer’s many users”.
Implementing Actions
R1: As noted above the City has approved the Joint Powers Agreement which created the
Santa Rosa Plain GSA. The City’s member of the GSA Board of Directors participated in the
legally required June 1, 2017 public meeting, where the board approved filing the required
documents with the State. GSA staff filed these documents prior to the June 30, 2017 deadline.
R2: The Joint Powers Agreement to which the City is a signatory contains the following
operative provision regarding coordination:
Section 4.05 – Coordination between Basins.
In order to maintain consistency and the efficient use of resources, to the extent feasible,
the Agency shall endeavor to coordinate between and among the other Sonoma County
GSAs for administration, matters involving public communication and outreach, and for
developing frameworks to support groundwater management, which may include
agreement to certain areas of coordination, provided that the Agency retain its own
authority and that such recommendations are ratified by the Board. The Agency may clarify
and acknowledge coordination among the other GSAs through a document or agreement if
deemed appropriate.”
As the GSA begins its work, technical, grant writing and outreach services are being conducted
by the same staff for each of the basins to ensure efficiency and consistency. In support of this,
a single data management system is being created for all three basins, utilizing State grant
funding. In addition, the three interim administrators are meeting regularly to coordinate work
and share information.
Attachment 2
ITEM NO. 6F
1
Meeting Date: August 22, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Art da Rosa, Deputy City Engineer
Agenda Title: Authorizing the City Manager to Execute Amendment 2 to Task Order 2016-
10 with GHD, Inc. to provide Construction Management for the Snyder Lane
Rehabilitation (Project No. 2016-06) for an Amount Not-to-Exceed $77,988
RECOMMENDED ACTION: By Minute Order, authorize the City Manager to Execute
Amendment 2 to Task Order 2016-10 with GHD, Inc. to provide construction management
services for the Snyder Lane Rehabilitation (Project No. 2016-06) for an amount not-to-exceed
$77,988.
BACKGROUND: The Snyder Lane Rehabilitation Project (Project No. 2016-06) is included in
the City’s approved Capital Improvement Program. This project will rehabilitate Snyder Lane
from near Keiser Avenue to Moura Lane using full-depth reclamation. Staff has completed
design and bidding of the project and on July 25, 2017, the City Council approved to award of
the construction contract to Argonaut Constructors.
In order for the construction phase to be successful, construction management will be necessary
to ensure quality assurance and compliance to the requirements of the plans and specifications.
ANALYSIS: In the spring of 2014, the Engineering Division requested Statements of
Qualifications from various consultants for construction management and inspection services.
Engineering received and reviewed the qualifications and developed a list of qualified
consultants, who all hold Master Services Agreements with City.
Staff has reviewed the qualifications of its construction management consultants and is
recommending that this assignment be awarded to GHD Inc. The firm is the most qualified for
this task because they have already completed peer review of the design and have assisted with
securing the environmental permits for construction. GHD’s construction management team has
successfully completed several recent roadway improvement projects for the City including the
Enterprise/Seed Farm Rehabilitation Project, which used full depth reclamation technology, as
well as the Snyder Lane Widening project and the Wilfred Avenue Rehabilitation project.
GHD’s Master Services Agreement with the City was approved on July 12, 2016 by Resolution
No. 2016-76.
Staff has secured a proposal from GHD and their proposed fee is $77,988, which is
approximately 5.1% of the construction contract cost of $1,537,662.80. Industry standard for
construction management fees is 5% to 10% of the construction costs. GHD’s relatively low fee,
as a percentage of construction, reflects their familiarity with the City and this
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. 6F
2
project. STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with
Strategic Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. By Minute Order, authorize a Task Order with GHD for construction management
inspection services (Recommended Option). This options ensures that the Snyder Lane
Rehabilitation Project will be properly constructed and administered without extensive
involvement from City staff. Given the volume of construction activity currently taking
place in the City, this is the best option for securing necessary construction oversite for
this project.
2. Do not authorize the consultant work and perform the construction management and
inspection activity with City staff. This option is not recommended because the City
currently has one Public Works Inspector. This staff member is currently providing
inspection services for the City’s 2017 Pavement Management Project together with
multiple small upgrades to various City buildings, all encroachment activity and the
private development work at the Learning Center and KG Technologies. This work load
has the Public Works Inspector fully committed and these various small projects do not
lend themselves to consultant oversite. Staff’s proposal will keep the Public Works
Inspector committed to these multiple smaller projects, while ensuring that the Snyder
Lane Rehabilitation Project receives appropriate inspection and review.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the recommended action is
$77,988.
The Snyder Lane Rehabilitation Project (Project Number 2016-06) has a budget of
$2,500,000.00 of which approximately $150,000 has been expended. The awarded construction
contract, including contingency would bring the total funding commitment for the project to
$1,841,429.05. The remaining budget is approximately $660,000. The recommended Task
Order, with a value of $77,988 can be easily accommodated within the remaining budget
allowance.
The funding sources for the project include the Infrastructure Reserve (Fund 640 for $750,000),
Measure M (Fund 135 for $200,000) and the Casino Mitigation Funds (Fund 183 for $627,617
and Fund 184 for $922,383).
Department Head Approval Date: 08/01/2017
City Attorney Approval Date: 08/07/2017
Finance Director Approval Date: 08/10/2017
City Manager Approval Date: 08/14/2017
Attachments (list in packet assembly order):
1. Amendment 2 to Task Order No. 2016-10 – City of Rohnert Park and GHD Inc. –
Authorization of Additional Engineering Services for Snyder Lane Rehabilitation Project
No. 2016-06
Attachment 1 to Staff Report
AMENDMENT 2 TO
TASK ORDER NO. 2016-10
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION OF ADDITIONAL ENGINEERING SERVICES
FOR SNYDER LANE REHABILITATION PROJECT NO. 2016-06
SECTION 1 – PURPOSE
The purpose of this Amendment 2 to Task Order No. 2016-10 is to authorize and direct GHD,
Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of
the MASTER AGREEMENT between the City of Rohnert Park ("City") and GHD, Inc.
("Consultant") dated July 12, 2016. Task Order No. 2016-10 was for an amount not-to-exceed $
$11,822.00 and was approved on December 7, 2016. Amendment 1 to Task Order No. 2016-10
was for an amount not-to-exceed $ 30,940.00 and was approved on April 12, 2017.
SECTION 2 – SCOPE OF WORK
The additional items authorized by this Amendment 2 to Task Order No. 2016-10 are presented
in Exhibit “A”.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto
referenced in SECTION 1 above. The additional cost for the additional services as set forth in
SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor
charges in accordance with the provisions of the MASTER AGREEMENT and as shown in
Exhibit “B” and shall not not-to-exceed $77,988.00.
Total compensation under this Task Order, inclusive of Amendment 1 and this Amendment 2,
shall not exceed $120,750.00.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by June 20, 2018 or as extended by the
City Manager or his designee.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for professional services
between City and Consultant are incorporated by reference.
Approved this 22nd day of August, 2017.
Attachment 1 to Staff Report
CITY OF ROHNERT PARK GHD, INC.
___________________________________ ___________________________________
Darrin Jenkins, City Manager (Date) Bill Silva (Date)
Per Minute Order adopted by the Rohnert Park City
Council at its meeting of 08/22/2017
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
1 GHD Inc.
2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA
T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com
July 11, 2016
Mr. Artur da Rosa, PE
Deputy City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Subject: Scope and Fee Proposal to Construction Management and On-site Observation
Services for the Snyder Lane Rehabilitation Project
Between Keiser and Moura Lanes
Dear Mr. da Rosa:
We are pleased to submit this proposal to the City for providing Construction Management and
On-site Observation Services for the Snyder Lane Rehabilitation Project, between Keiser and
Moura Lanes.
Background
Firma Design Group contract plans and specifications (the bid documents) for the rehabilitation
of Snyder Lane between Keiser and Moura Lanes.
The project’s scope for construction includes the following:
Full depth reclamation on Snyder Lane;
Replacement of curb ramps;
Replacement of a traffic signal controller and detection device;
Re-striping the roadway.
Project Team
GHD proposes the following project team to provide as needed for the review:
Jeremy Schmal, P.E. – Civil Engineer/Construction Manager
Steve Espinoza – On-site Observer/Inspector
Jim Winter, P.E. – Civil Engineer/Construction Manager
For the Permit Compliance
Jessica Nadolski – Senior Biologist
The project will be backed up by other staff from the Santa Rosa office if needed.
2
Scope of Work
The City requested GHD provide a scope of work and fee schedule for part time construction
management/observation services for this project.
The critical issues of the project that we currently see are:
Traffic Control: there are many apartments along the construction corridor and
maintaining clear traffic control will reduce the potential for complaints
Public Outreach: informing the apartment residences of the time frame and clear
direction on work. The Construction specifications do not address handing out fliers to
all of the residences to help coordinate the traffic control and a point for the residences
to call if there is an issue.
Materials Testing: closely managing the materials to be tested, the frequency of testing,
and quickly passing the results back to the Contractor and City.
We budgeted the inspection time to be conservative and have estimated full time inspection.
This is anticipation of issues with traffic control and public outreach. The construction period is
for 50 calendar days. GHD will perform the following tasks.
Task 1.0 – Contract Administration
1.1 Project Coordination. Meet with City staff to discuss and coordinate issues with the
project. This will be accomplished by site visits, project meetings, phone conversations,
and email updates of the activities that occurred. Public outreach will include; delivering
notification notices to the apartment complexes, and addressing/anticipating public
complaints.
1.2 Pre-Construction Meeting. Working with City staff to develop a pre-construction
meeting agenda, organize, and conduct the meeting; and prepare meeting notes.
1.3 Project Meetings. Organize meetings with City staff, Contractor, Design Engineer, and
GHD team. Additionally we would prepare an agenda and provide meeting notes of the
progress meetings and other special technical meetings.
1.4 Schedule Management. Review the Contractor’s as-planned schedule for conformance
with the specifications and for reasonableness of activity durations and sequence.
Review the schedule with the City and monitor the Contractor’s progress against the
schedule.
1.5 Maintain Project Records. Maintain GHD project records, including daily logs (when on
site), photos, submittals, RFI’s, and RFC’s. Review PCO’s and change orders, issues,
and correspondence. Project records will be maintained in an organized manner for
quick reference and are accessible to City staff as requested.
1.6 Review Monthly Progress Payments. Evaluate the monthly progress payment
requests from the Contractor and recommend payment.
3
1.7 Prepare Monthly Progress Reports. Prepare and review with the City monthly
progress reports.
1.8 Requests for Information (RFI’s) and Requests for Clarifications (RFC’s). Log and
pass to the Design Engineer appropriate RFI’s and RFC’s, review/coordinate responses,
and respond to RFI and RFC requests by the Contractor.
1.9 Potential Change Orders (PCO’s) and Change Orders. Respond to change order
requests, evaluate PCO’s and Change Orders, assist with determination of changed
conditions and scope definition as needed, coordinate with Design Engineer if
appropriate, develop independent cost estimate, assist with negotiation, and incorporate
change orders into the construction contract.
1.10 Coordinate Submittal and Shop Drawing Review Process. Assist with the
submittal/shop drawing review process. This task includes coordination with the design
engineer on status of review, review response, and transmitting the response to the
Contractor.
1.11 Permits Compliance. Monitor contractors operation with respect to the permit
requirements. Biologist will inspect site prior to and during construction.
1.12 Monitor Construction Record Drawings. Coordinate with the Contractor and maintain
our own as-built drawings. Provide redlines to the City when complete.
1.13 Claims Management (optional service). GHD will assist with Claims Management at
the request of the City on a time and materials basis.
1.14 Field Inspection/Observation. Provide part-time, on-site construction
inspector/observer to monitor the Contractor’s work for compliance with the contract
documents, submittals, RFI’s, change orders, and coordination with businesses and
residences along the route.
1.15 Photograph or Video Documentation. Provide photographs or videos of the roadway.
1.16 Field Changes. Coordinate with City and Contractor and write field directives for change
conditions.
1.17 Daily Reports. Prepare Daily Observation Reports. The daily reports will include
photographs and material tags.
1.18 Materials Testing Coordination. Coordinate with the County Materials Laboratory.
Task 2.0 – Project Completion
2.1 Project Completion and Punch List. Schedule a site review to be attended by the City,
GHD, and other required stakeholders to conduct final completion inspections prior to
issuing a punch list.
3.2 Project Documents. Will be provided through ongoing correspondence with the City;
daily inspection/observation notes can be provided to the City upon request.
Documentation will be in electronic format.
4
3.3 Notice of Completion. GHD will work with the City to coordinate the Notice of
Completion.
Assumptions
1. Contractor is responsible for the means and methods on the project.
2. Contractor is responsible for job site safety.
3. County Materials Laboratory is supplying the testing.
4. Contractor is responsible for obtaining a City Encroachment Permit.
Compensation
GHD proposes to perform the scope of services on an hourly rate, time and materials basis in
accordance with our Standard Fees and Conditions. The proposed fee estimate for the scope of
services is $ 77,988.
The total "not-to-exceed" fee will not be exceeded without written authorization by the City. The
individual task fees may be adjusted without written authorization provided the adjustments stay
within the total "not-to-exceed" limit.
Schedule
GHD proposes to perform the scope of services immediately upon receipt of written Notice-to-
Proceed.
Please do not hesitate to contact us if you have any questions or need additional information.
Kind regards,
GHD Inc.
Jim Winter, PE
Construction Manager
Attachment: GHD Rate Sheet, GHD Project Estimating Sheet
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ITEM NO. 6G
1
Meeting Date: August 22, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Jeffrey S. Beiswenger, Planning Manager
Agenda Title: Authorize the City Manager to Execute a Joint Powers Agreement for Housing
and Community Development with the County of Sonoma and the Cities of
Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, Sonoma and the
Town of Windsor for the 2018-2020 Urban County Qualification Period
RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute a Joint
Powers Agreement for Housing and Community Development with the County of Sonoma and
the Cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, Sonoma and the Town of
Windsor for the 2018-2020 Urban County qualification period.
BACKGROUND: The U.S. Department of Housing and urban Development (“HUD”) awards
entitlement grants to eligible grantees to carry out a wide range of community development
activities directed toward revitalizing neighborhoods, economic development, and providing
improved community facilities and services. The County of Sonoma, the Town of Windsor and
the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol and Sonoma have an
opportunity to re-qualify as a HUD-designated “Urban County” thereby entitling the agencies to
continue to receive an annual allocation of federal Community Development Block Grant
(CDBG), Emergency Solution Grant (ESG) and HOME Investment Partnership (HOME)
funding as an “entitlement jurisdiction.”
Entitlement grantees develop their own programs and funding priorities. HUD determines the
amount of each entitlement grant by a statutory dual formula which uses several objective
measures of community needs, including the extent of poverty, population, housing
overcrowding, age of housing and population growth lag in relationship to other metropolitan
areas.
Eligible grantees are as follows:
• principal cities of Metropolitan Statistical Areas (MSAs);
• other metropolitan cities with populations of at least 50,000; and
• qualified urban counties with populations of at least 200,000 (excluding the
population of entitled cities).
The Cities of Santa Rosa and Petaluma are “entitled cities” but the remainder of the cities and
towns in Sonoma County, participate as a “qualified urban county” through a Joint Exercise of
Powers Agreement (JPA).
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. 6G
2
Under the JPA, the City receives an annual allocation of CDBG funds, which it may use to fund:
• acquisition of real property;
• relocation and demolition;
• rehabilitation of residential and non-residential structures;
• construction of public facilities and improvements, such as water and sewer facilities,
streets, neighborhood centers, and the conversion of school buildings for eligible
purposes;
• public services, within certain limits;
• activities relating to energy conservation and renewable energy resources; and
• provision of assistance to profit-motivated businesses to carry out economic
development and job creation/retention activities.
The City has historically used the CDBG funding to upgrade local infrastructure, including
ongoing Americans with Disabilities Act (ADA) upgrades. Under the current arrangement,
Rohnert Park’s community-based organizations apply for HOME and ESG funding directly
through the County.
The County of Sonoma, and the partnering cities and town, must re-qualify as an Urban County
for the period 2018-2020; and must submit required documentation, including an updated JPA,
to HUD. The City must approve the JPA in order to continue to participate with the County.
STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with Strategic
Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. Authorize the City Manager to sign the JPA. This is the recommended action because it is
the most cost-effective way to continue to qualify for HUD funding.
2. Do not authorize the City Manager to sign the JPA and apply directly with the State of
California Housing and Community Development Department (“HCD”) for grant
funding through its Small Cities or State CDBG and HOME/ESG Programs. Under this
scenario, the City would be the applicant on behalf of the non-profit organizations and
private businesses. While technically possible, the City does not have the resources to
effectively staff and manage this approach to securing HUD funding.
FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact associate with this
action, however, the City’s participation in the JPA results in approximately $100,000 per year in
CDBG and other Federal Funds.
Department Head Approval Date: 08/14/2017
City Attorney Approval Date: 08/14/2017
Finance Director Approval Date: n/a
City Manager Approval Date: 08/17/2017
Attachments (list in packet assembly order):
1. Joint Powers Agreement for Housing and Community Development (redline)
2. Joint Powers Agreement for Housing and Community Development (for signature)
JOINT POWERS AGREEMENT FOR
HOUSING AND COMMUNITY DEVELOPMENT
THIS AGREEMENT, dated for convenience as of this ____ day of _________________,
August 1, 2017, by and between the COUNTY OF SONOMA, a political subdivision State of
California, hereinafter referred to as “COUNTY,” and the incorporated CITIES/TOWNtown of
WINDSOR and cities of CLOVERDALE, COTATI, HEALDSBURG, ROHNERT PARK,
SEBASTOPOL, and SONOMA and WINDSOR, all being municipal corporations of the State of
California, and located within the boundaries of the COUNTY, hereinafter referred to as
“MUNICIPALITIES”:
W I T N E S S E T H :
WHEREAS, the COUNTY and the MUNICIPALITIES desire to engage in housing and
community development activities as authorized under the Housing and Community
Development Act of 1974, as amended, and the HOME Investment Partnership Act, and the
HEARTH Act of 2009, including any future legislation authorizing such activities, (hereinafter
the “ACTS”) and other federal, state, and local housing and community development programs;
and
WHEREAS, the COUNTY and the MUNICIPALITIES arce public agencies under the
provisions of Section 6500 of the Government Code of the State of California, and each is
authorized by law to enter into joint powers agreements; and
WHEREAS, the COUNTY and the MUNICIPALITIES are individually authorized by
law to engage in housing and community development activities under said ACTS; and
WHEREAS, the USU.S. Department of Housing and Urban Development (hereinafter
“HUD”) recommends the expenditure of funds for such purposes on a County-wide basis; and
Joint Powers Agreement for Housing and Community Development (2017)
Page 2 of 11
WHEREAS, the COUNTY and the MUNICIPALITIES do hereby find and determine
that it is in the best interest of the residents of the COUNTY and the MUNICIPALITIES that
housing and community development activities be performed jointly in accordance with the
provisions of this AGREEMENT; and
WHEREAS, it is mutually beneficial to each of the parties hereto for the COUNTY to
administer and execute the provisions of this AGREEMENT in accordance with the terms and
conditions hereinafter provided; and
WHEREAS, this AGREEMENT shall cover the Community Development Block Grant
(CDBG) program, Emergency Solutions Grants (ESG) program, and HOME Investment
Partnership (HOME) program.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Essential Activities
The Parties agree to cooperate to undertake, or assist in undertaking, community renewal
and lower- income housing assistance activities, specifically urban renewal and publicly assisted
housing.
2. Authority to Carry Out Activities
The COUNTY, is designated as an “urban county,” Urban County,” as defined in 24 CFR
570.3(3). As such, the COUNTY is hereby designated as the sponsoring agency to administer
and implement the plan and program for housing and community development activities for each
of the participating parties to this AGREEMENT in accordance with the provisions of the ACTS
and the terms and conditions provided herein. The manner in which such activities are
implemented shall be mutually determined by the COUNTY and the benefiting party or parties.
Joint Powers Agreement for Housing and Community Development (2017)
Page 3 of 11
The COUNTY shall have the authority to carry out activities which will be funded from
annual Community Development Block Grants (CDBG), Emergency Solutions Grants (ESG),
and HOME Program Grants (HOME) for federal fiscal years 2018, 2019, and 2020
appropriations, and from any program income generated from the expenditure of such funds. The
COUNTY shall have final responsibility for selecting CDBG, ESG, and HOME activities and
submitting the Consolidated Plan to HUD, including annual updates of the action plan and
certifications.
3. Consolidated Plan
It is understood that in order to qualify for funds under the ACTS, it is necessary that a
Consolidated Plan, including annual updates of the action plan and certifications, and all
application requirements be fulfilled and submitted to and approved by HUD. Each party agrees
to be bound by the Assurances and Certifications, attached as Attachment “A,” required to be
given by the COUNTY as part of the application to HUD for the uUrban cCounty entitlement of
CDBG, ESG, and HOME funding and which are incorporated into this
AGREEMENTAgreement by this reference.
4. Excessive Force Policy
The COUNTY and each of the MUNICIPALITIES has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
b. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
Joint Powers Agreement for Housing and Community Development (2017)
Page 4 of 11
5. Program Income
a. Each MUNICIPALITY must inform the COUNTY of any income generated by
the expenditure of CDBG or ESG funds received by the MUNICIPALITY.
b. Any such program income must be paid to the COUNTY.
c. The COUNTY has the responsibility for monitoring and reporting to HUD on the
use of any such program income.
d. Program income paid by a MUNICIPALITY to the COUNTY shall be used for
additional CDBG- or ESG-eligible activities as stipulated in the Sonoma County CDBG and
HOME federal funding Ppolicies adopted by the Sonoma County Board of Supervisors and
amended from time to time.
e. In the event of close-out or change in status of a participating MUNICIPALITY,
any program income that is on hand or received subsequent to the close-out or change in status
shall be paid to the COUNTY.
6. Real Property Standards
The following standards shall apply to real property acquired or improved in whole or in
part using CDBG, ESG, or HOME funds that is within control of any of the participating
MUNICIPALITIES:
a. Each MUNICIPALITY must provide timely notification to the COUNTY of any
modification or change in the use of the real property from that planned at the time of acquisition
or improvement, including disposition.
b. Each MUNICIPALITY must reimburse the COUNTY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditure of non-CDBG, non-
ESG and/or non-HOME funds) of property acquired or improved with CDBG, ESG and/or
Joint Powers Agreement for Housing and Community Development (2017)
Page 5 of 11
HOME funds that is sold or transferred for a use which does not qualify under the CDBG and/or
HOME regulations.
c. Program income generated from the disposition or transfer of property within any
of the MUNICIPALITIES shall be treated in the manner specified in paragraph 5, Program
Income, above.
7. Compliance with Sections 104(b) and 109 of Title I of the Housing and
Community Development Act
The COUNTY and the MUNICIPALITIES shall take all actions necessary to assure
compliance with the COUNTY’s certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil
Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing.
The COUNTY and the MUNICIPALITIES shall comply with Section 109 of Title I of
the Housing and Community Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
The COUNTY and the MUNICIPALITIES shall comply with other applicable laws.
Urban County funding is prohibited for activities in or in support of any
MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or
impedes the COUNTY’s actions to comply with its fair housing certification.
The COUNTY and the MUNICIPALITIES shall take all actions necessary to assure
compliance with the COUNTY’S certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, including Title VI of the Civil
Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws.
Joint Powers Agreement for Housing and Community Development (2017)
Page 6 of 11
Urban county funding is prohibited for activities in or in support of any
MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or
impedes the COUNTY’S actions to comply with its fair housing certification.
8. Prohibition on Trade or Transfer of Funds
Neither the COUNTY nor any MUNICIPALITY may sell, trade, or otherwise transfer all
or any portion of CDBG, ESG, and/or HOME funds to another such metropolitan city, Urban
County, unit of general local government, Indian tribe, or insular area that directly or indirectly
receives CDBG, ESG, and/or HOME funds in exchange for any other funds, credits or non-
federal considerations and will restrict use of these funds for activities eligible under Title I of
Housing and Community Development Act of 1974, as amended.
9. Certification of Intent to Continue Participation
The COUNTY and the MUNICPALITIES certify that each party, individually and
collectively, intends to remain a participant in this AGREEMENT enabling the eight-jurisdiction
Urban County to continue to participate in the federal CDBG, ESG, and HOME programs as an
entitlement jurisdiction for the 2018–2020 and all subsequent renewal cycles.
8.10. Fiscal Responsibility
In the event that any cooperating jurisdiction does not comply with all federal
prerequisites in order for funds to be expended within its area, then such jurisdiction’s funds
shall be expended within all or any portion of the area served by the other parties who qualify
under the provisions of the ACTS. In all cases there shall be strict accountability of all kinds and
reports of all receipts and disbursements. Upon termination of this AgreementAGREEMENT,
any unused funds shall be returned to the Sonoma County Community Development
Commission. The Executive Director of the Sonoma County Community Development
Joint Powers Agreement for Housing and Community Development (2017)
Page 7 of 11
Commission shall serve as fiscal officer under this Agreement AGREEMENT and his/her bond
shall be extended to cover the obligations under Government Code Section 6505.1.
9.11. Written Agreement
Pursuant to 24 CFR 570.501(b), eEach MUNICIPALITY is subject to the same
requirements applicable to subrecipients, including the written agreement as described in 24 CFR
570.503.is considered a subrecipient of CDBG/HOME funds received by the MUNICIPALITY
to perform activities within their jurisdiction and is subject to the requirements for subrecipients
pursuant to 24 CFR 570.50l (b).
Before disbursing any CDBG, ESG, and/or /HOME, and/or ESG funds to any
subrecipientMUNICIPALITY, the COUNTY shall prepare a written agreement in accordance
with federal regulations described in 24 CFR 570.503 and execute such agreement with the
subrecipientMUNICIPALITY. The agreement shall remain in effect during any period that the
subrecipient has control over CDBG, ESG, and/or HOME, and/or ESG funds, including program
income.
10.12. Audit Requirements
Each MUNICIPALITY shall comply with the audit requirements of the Office of
Management and Budget, OMB Circular A-133, “Audits of States, Local Governments, and
Non-Profit Organizations” and shall provide a copy of all required audits to the COUNTY.
All required audits shall include a supplementary schedule showing all revenues and
expenditures of CDBG, ESG, and/ HOME funds for the year and shall meet the requirements of
Government Code Section 6505.
Joint Powers Agreement for Housing and Community Development (2017)
Page 8 of 11
11.13. Eligibility for Other Federal Funds
By executing this AGREEMENT, aAll MUNICIPALITIES understand that they:
a. May not apply for grants under the Small Cities or State CDBG Programs from
appropriations for fiscal years for Federal Fiscal Years 2006, 2007, 2008, and/or during the
period in which the MUNICIPALITY is participating in the Urban County CDBG program;
and/or HOME Programs; and
b. May receive a formula allocation under the ESG program only through the Urban
County; and.
c. May not participate in a HOME consortium or receive a formula allocation under
the HOME Program except through the Urban COUNTY programCounty, regardless of whether
the COUNTY receives a HOME formula allocation.
12.14. Term of Agreement
This AGREEMENT shall be in effect for the 2018–2020 Urban County qualification
period and all other future qualification periods. This AGREEMENT shall take effect upon its
execution by the authorized representatives of each of the parties and shall be a continuing
AGREEMENT by automatic renewal for each successive qualification period. Any party may,
by resolution of its governing body, withdraw from theis AGREEMENT, but such withdrawal
may not take effect after the deadline for submission of cooperation agreements to HUD for any
three -year qualification period and until such time as all CDBG, ESG, and HOME funds and
income received with respect to the three-year qualification period or successive qualification
periods are expended and the funded activities completed. Withdrawal shall take effect only at
the end of the third program year of a three-year qualification period or successive qualification
period and in accordance with the date specified in HUD’s Urban County Qualification Notice
Joint Powers Agreement for Housing and Community Development (2017)
Page 9 of 11
for the successive qualification period. The COUNTY will notify the MUNICIPALITIES in
writing of their right to elect not to participate in a successive qualifying period by the date
specified in HUD’s Urban County Qualification Notice for the successive qualification period.
The COUNTY will forward a copy of its notice to HUD.
Failure by any party to adopt an amendment to this AGREEMENT incorporating all
changes necessary to meet the requirements for cooperation agreements set forth in the Urban
County Qualification Notice applicable for a subsequent three-year urban countyUrban County
qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of the qualification period.
This AGREEMENT shall remain in effect until the CDBG, ESG, and/or HOME funds
and program income received (with respect to activities carried out during the 2018–2020
qualification period and any successive qualification periods) are expended and the funded
activities completed, and that neither the COUNTY nor the MUNICIPALITIES can terminate or
withdraw from this AGREEMENT while it remains in effect.
This AGREEMENT supersedes all earlier Joint Powers Agreements for housing and
community development activities.
13.15. Agreement Binding
This Joint Power AGREEMENT shall be binding upon the parties hereto and their
successors and assigns. This AGREEMENT may be executed in counterparts, each of which
shall be deemed an original but, together, all of which shall constitute one and the same
document.
IN WITNESS WHEREOF, the parties hereto have caused this Joint Powers Agreement
to be executed as of the day and year first above written.
Joint Powers Agreement for Housing and Community Development (2017)
Page 10 of 11
COUNTY OF SONOMA
By:
Margaret Van Vliet, Executive Director, Sonoma
County Community Development Commission
CITY OF CLOVERDALE
By:
Paul Cayler, City Manager
CITY OF COTATI
By:
Damien O’Bid, City Manager
CITY OF HEALDSBURG
By:
David Mickaelian, City Manager
CITY OF ROHNERT PARK
By:
Darrin Jenkins, City Manager
CITY OF SEBASTOPOL
By:
Larry McLaughlin, City Manager
CITY OF SONOMA
By:
Cathy Capriola, City Manager
Joint Powers Agreement for Housing and Community Development (2017)
Page 11 of 11
TOWN OF WINDSOR
By:
Camille Kazarian, Interim Town Manager
JOINT POWERS AGREEMENT FOR
HOUSING AND COMMUNITY DEVELOPMENT
THIS AGREEMENT, dated for convenience as of August 1, 2017, by and between the
COUNTY OF SONOMA, a political subdivision State of California, hereinafter referred to as
“COUNTY,” and the incorporated town of WINDSOR and cities of CLOVERDALE, COTATI,
HEALDSBURG, ROHNERT PARK, SEBASTOPOL, and SONOMA, all being municipal
corporations of the State of California, and located within the boundaries of the COUNTY,
hereinafter referred to as “MUNICIPALITIES”:
W I T N E S S E T H :
WHEREAS, the COUNTY and the MUNICIPALITIES desire to engage in housing and
community development activities as authorized under the Housing and Community
Development Act of 1974, as amended, the HOME Investment Partnership Act, and the
HEARTH Act of 2009, including any future legislation authorizing such activities, (hereinafter
the “ACTS”) and other federal, state, and local housing and community development programs;
and
WHEREAS, the COUNTY and the MUNICIPALITIES are public agencies under the
provisions of Section 6500 of the Government Code of the State of California, and each is
authorized by law to enter into joint powers agreements; and
WHEREAS, the COUNTY and the MUNICIPALITIES are individually authorized by
law to engage in housing and community development activities under said ACTS; and
WHEREAS, the US Department of Housing and Urban Development (hereinafter
“HUD”) recommends the expenditure of funds for such purposes on a County-wide basis; and
Joint Powers Agreement for Housing and Community Development (2017)
Page 2 of 10
WHEREAS, the COUNTY and the MUNICIPALITIES do hereby find and determine
that it is in the best interest of the residents of the COUNTY and the MUNICIPALITIES that
housing and community development activities be performed jointly in accordance with the
provisions of this AGREEMENT; and
WHEREAS, it is mutually beneficial to each of the parties hereto for the COUNTY to
administer and execute the provisions of this AGREEMENT in accordance with the terms and
conditions hereinafter provided; and
WHEREAS, this AGREEMENT shall cover the Community Development Block Grant
(CDBG) program, Emergency Solutions Grants (ESG) program, and HOME Investment
Partnership (HOME) program.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Essential Activities
The Parties agree to cooperate to undertake, or assist in undertaking, community renewal
and lower-income housing assistance activities, specifically urban renewal and publicly assisted
housing.
2. Authority to Carry Out Activities
The COUNTY is designated as an “Urban County,” as defined in 24 CFR 570.3(3). As
such, the COUNTY is hereby designated as the sponsoring agency to administer and implement
the plan and program for housing and community development activities for each of the
participating parties to this AGREEMENT in accordance with the provisions of the ACTS and
the terms and conditions provided herein. The manner in which such activities are implemented
shall be mutually determined by the COUNTY and the benefiting party or parties.
Joint Powers Agreement for Housing and Community Development (2017)
Page 3 of 10
The COUNTY shall have the authority to carry out activities which will be funded from
annual Community Development Block Grants (CDBG), Emergency Solutions Grants (ESG),
and HOME Program Grants (HOME) for federal fiscal years 2018, 2019, and 2020
appropriations, and from any program income generated from the expenditure of such funds. The
COUNTY shall have final responsibility for selecting CDBG, ESG, and HOME activities and
submitting the Consolidated Plan to HUD, including annual updates of the action plan and
certifications.
3. Consolidated Plan
It is understood that in order to qualify for funds under the ACTS, it is necessary that a
Consolidated Plan, including annual updates of the action plan and certifications, and all
application requirements be fulfilled and submitted to and approved by HUD. Each party agrees
to be bound by the Assurances and Certifications, attached as Attachment “A,” required to be
given by the COUNTY as part of the application to HUD for the Urban County entitlement of
CDBG, ESG, and HOME funding and which are incorporated into this AGREEMENT by this
reference.
4. Excessive Force Policy
The COUNTY and each of the MUNICIPALITIES has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
b. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
Joint Powers Agreement for Housing and Community Development (2017)
Page 4 of 10
5. Program Income
a. Each MUNICIPALITY must inform the COUNTY of any income generated by
the expenditure of CDBG or ESG funds received by the MUNICIPALITY.
b. Any such program income must be paid to the COUNTY.
c. The COUNTY has the responsibility for monitoring and reporting to HUD on the
use of any such program income.
d. Program income paid by a MUNICIPALITY to the COUNTY shall be used for
additional CDBG- or ESG-eligible activities as stipulated in the federal funding policies adopted
by the Sonoma County Board of Supervisors and amended from time to time.
e. In the event of close-out or change in status of a participating MUNICIPALITY,
any program income that is on hand or received subsequent to the close-out or change in status
shall be paid to the COUNTY.
6. Real Property Standards
The following standards shall apply to real property acquired or improved in whole or in
part using CDBG, ESG, or HOME funds that is within control of any of the participating
MUNICIPALITIES:
a. Each MUNICIPALITY must provide timely notification to the COUNTY of any
modification or change in the use of the real property from that planned at the time of acquisition
or improvement, including disposition.
b. Each MUNICIPALITY must reimburse the COUNTY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditure of non-CDBG, non-
ESG and/or non-HOME funds) of property acquired or improved with CDBG, ESG and/or
Joint Powers Agreement for Housing and Community Development (2017)
Page 5 of 10
HOME funds that is sold or transferred for a use which does not qualify under the CDBG and/or
HOME regulations.
c. Program income generated from the disposition or transfer of property within any
of the MUNICIPALITIES shall be treated in the manner specified in paragraph 5, Program
Income, above.
7. Compliance with Sections 104(b) and 109 of Title I of the Housing and
Community Development Act
The COUNTY and the MUNICIPALITIES shall take all actions necessary to assure
compliance with the COUNTY’s certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil
Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing.
The COUNTY and the MUNICIPALITIES shall comply with Section 109 of Title I of
the Housing and Community Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973 and the Age Discrimination Act of 1975.
The COUNTY and the MUNICIPALITIES shall comply with other applicable laws.
Urban County funding is prohibited for activities in or in support of any
MUNICIPALITY that does not affirmatively further fair housing within its own jurisdiction or
impedes the COUNTY’s actions to comply with its fair housing certification.
8. Prohibition on Trade or Transfer of Funds
Neither the COUNTY nor any MUNICIPALITY may sell, trade, or otherwise transfer all
or any portion of CDBG, ESG, and/or HOME funds to another such metropolitan city, Urban
County, unit of general local government, Indian tribe, or insular area that directly or indirectly
receives CDBG, ESG, and/or HOME funds in exchange for any other funds, credits or non-
Joint Powers Agreement for Housing and Community Development (2017)
Page 6 of 10
federal considerations and will restrict use of these funds for activities eligible under Title I of
Housing and Community Development Act of 1974, as amended.
9. Certification of Intent to Continue Participation
The COUNTY and the MUNICPALITIES certify that each party, individually and
collectively, intends to remain a participant in this AGREEMENT enabling the eight-jurisdiction
Urban County to continue to participate in the federal CDBG, ESG, and HOME programs as an
entitlement jurisdiction for the 2018–2020 and all subsequent renewal cycles.
10. Fiscal Responsibility
In the event that any cooperating jurisdiction does not comply with all federal
prerequisites in order for funds to be expended within its area, then such jurisdiction’s funds
shall be expended within all or any portion of the area served by the other parties who qualify
under the provisions of the ACTS. In all cases there shall be strict accountability of all kinds and
reports of all receipts and disbursements. Upon termination of this AGREEMENT, any unused
funds shall be returned to the Sonoma County Community Development Commission. The
Executive Director of the Sonoma County Community Development Commission shall serve as
fiscal officer under this AGREEMENT and his/her bond shall be extended to cover the
obligations under Government Code Section 6505.1.
11. Written Agreement
Pursuant to 24 CFR 570.501(b), each MUNICIPALITY is subject to the same
requirements applicable to subrecipients, including the written agreement as described in 24 CFR
570.503.
Before disbursing any CDBG, ESG, and/or HOME funds to any MUNICIPALITY, the
COUNTY shall prepare a written agreement in accordance with federal regulations described in
Joint Powers Agreement for Housing and Community Development (2017)
Page 7 of 10
24 CFR 570.503 and execute such agreement with the MUNICIPALITY. The agreement shall
remain in effect during any period that the subrecipient has control over CDBG, ESG, and/or
HOME funds, including program income.
12. Audit Requirements
Each MUNICIPALITY shall comply with the audit requirements of the Office of
Management and Budget, OMB Circular A-133, “Audits of States, Local Governments, and
Non-Profit Organizations” and shall provide a copy of all required audits to the COUNTY.
All required audits shall include a supplementary schedule showing all revenues and
expenditures of CDBG, ESG, and HOME funds for the year and shall meet the requirements of
Government Code Section 6505.
13. Eligibility for Other Federal Funds
By executing this AGREEMENT, all MUNICIPALITIES understand that they:
a. May not apply for grants under the Small Cities or State CDBG Programs for
fiscal years during the period in which the MUNICIPALITY is participating in the Urban County
CDBG program;
b. May receive a formula allocation under the ESG program only through the Urban
County; and
c. May not participate in a HOME consortium or receive a formula allocation under
the HOME Program except through the Urban County, regardless of whether the COUNTY
receives a HOME formula allocation.
14. Term of Agreement
This AGREEMENT shall be in effect for the 2018–2020 Urban County qualification
period and all other future qualification periods. This AGREEMENT shall take effect upon its
Joint Powers Agreement for Housing and Community Development (2017)
Page 8 of 10
execution by the authorized representatives of each of the parties and shall be a continuing
AGREEMENT by automatic renewal for each successive qualification period. Any party may,
by resolution of its governing body, withdraw from this AGREEMENT, but such withdrawal
may not take effect after the deadline for submission of cooperation agreements to HUD for any
three-year qualification period and until such time as all CDBG, ESG, and HOME funds and
income received with respect to the three-year qualification period or successive qualification
periods are expended and the funded activities completed. Withdrawal shall take effect only at
the end of the third program year of a three-year qualification period or successive qualification
period and in accordance with the date specified in HUD’s Urban County Qualification Notice
for the successive qualification period. The COUNTY will notify the MUNICIPALITIES in
writing of their right to elect not to participate in a successive qualifying period by the date
specified in HUD’s Urban County Qualification Notice for the successive qualification period.
The COUNTY will forward a copy of its notice to HUD.
Failure by any party to adopt an amendment to this AGREEMENT incorporating all
changes necessary to meet the requirements for cooperation agreements set forth in the Urban
County Qualification Notice applicable for a subsequent three-year Urban County qualification
period, and to submit the amendment to HUD as provided in the Urban County Qualification
Notice, will void the automatic renewal of the qualification period.
This AGREEMENT shall remain in effect until the CDBG, ESG, and/or HOME funds
and program income received (with respect to activities carried out during the 2018–2020
qualification period and any successive qualification periods) are expended and the funded
activities completed, and that neither the COUNTY nor the MUNICIPALITIES can terminate or
withdraw from this AGREEMENT while it remains in effect.
Joint Powers Agreement for Housing and Community Development (2017)
Page 9 of 10
This AGREEMENT supersedes all earlier Joint Powers Agreements for housing and
community development activities.
15. Agreement Binding
This AGREEMENT shall be binding upon the parties hereto and their successors and
assigns. This AGREEMENT may be executed in counterparts, each of which shall be deemed an
original but, together, all of which shall constitute one and the same document.
IN WITNESS WHEREOF, the parties hereto have caused this Joint Powers Agreement
to be executed as of the day and year first above written.
COUNTY OF SONOMA
By:
Margaret Van Vliet, Executive Director, Sonoma
County Community Development Commission
CITY OF CLOVERDALE
By:
Paul Cayler, City Manager
CITY OF COTATI
By:
Damien O’Bid, City Manager
CITY OF HEALDSBURG
By:
David Mickaelian, City Manager
Joint Powers Agreement for Housing and Community Development (2017)
Page 10 of 10
CITY OF ROHNERT PARK
By:
Darrin Jenkins, City Manager
CITY OF SEBASTOPOL
By:
Larry McLaughlin, City Manager
CITY OF SONOMA
By:
Cathy Capriola, City Manager
TOWN OF WINDSOR
By:
Camille Kazarian, Interim Town Manager
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ITEM NO. 8
Meeting Date: August 22, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Angela Beran, Management Analyst
Agenda Title: Discussion and Direction for Recreational Courts Rehabilitation and
Resurface Plan
RECOMMENDED ACTION:
Staff requests direction from the City Council for the proposed tennis, basketball, and soccer court
surface rehabilitation plan.
BACKGROUND:
The City has over 116 acres of community, neighborhood and mini-parks parks. Many City parks
include amenities such as lighted tennis and basketball courts as well as paved soccer courts that
were previously tennis courts. Many of the tennis and basketball courts in our City parks are in
need of surface repairs. Below, Table 1 shows a complete inventory of the City’s tennis,
basketball, and soccer (converted tennis) courts.
Table 1: City of Rohnert Park Courts Inventory
Park Tennis Basketball Soccer
Alicia 2
Dorotea 2 1
Eagle 2
Gold Ridge 2
Golis 2 2 1
Honeybee 2 2
Ladybug 2
Magnolia 8* 2
Rainbow 1 1
Sunrise 4 2
Total 23 12 3
*The Magnolia Park tennis courts were excluded from staff assessment because all eight courts
were recently rehabilitated.
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. 8
ANALYSIS:
The Fiscal Year 2017-18 Infrastructure Reserve Budget includes $200,000 for court surface
repairs. Although funding is currently available for projects, specific courts and scope of resurface
work was not identified through the budget process. Over the past few weeks, staff has completed
an assessment of the City’s tennis, basketball, and soccer courts and has developed a multi-year
implementation plan for City Council consideration.
Staff developed court evaluation criteria to thoroughly assess and prioritize courts resurfacing
projects. Each measure (criterion) is scored on a 0 to 3 scale, 3 being the highest score and 0 the
lowest score. The scores from all of the criteria are added and become a total score. Based on the
court evaluation criterion which are summarized in Table 2 below, the total score of all criteria
shows staff ranking of each court. Using this information, along with rehabilitation cost, staff is
able to prioritize court rehabilitation work based on the evaluation criterion and cost.
Table 2: Evaluation Criteria
Criteria Explanation
Greatest
Improvement Need
Courts that need the most rehabilitation
Current Court Use How much court is used in current
condition
Court Isolation How far the court is from other City,
School District, or private courts (high
score would indicate that there are very
few alternative courts in close proximity)
Complimentary
Amenities
Parking lots, lights, adjacent popular fields
Rehabilitation Methods and Cost Estimates
The courts’ rehabilitation needs range from topcoat and striping work to a more extensive
rehabilitation work including an asphalt overlay plus topcoat and striping.
Cost estimates for the rehabilitation ranged from $12,500 to $30,000 for a single tennis court,
$10,000 to $15,000 for a single basketball court, and $5,000 to $15,000 for a single soccer court
(converted tennis court) depending on the scope of work needed.
The City’s park courts use and rehabilitation methods are distinctly different; therefore, the tennis,
basketball, and soccer courts were evaluated and ranked separately.
ITEM NO. 8
Table 3: Tennis Courts Assessment
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)
# of
Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Ladybug Park 1 1 2 1 5 S 25,000 2 12,500 2,500
Golis Park 1 2 1 3 7 S 40,000 2 20,000 2,857
Eagle Park 2 2 0 1 5 S 30,000 2 15,000 3,000
Dorotea Park 0 2 0 2 4 S 25,000 2 12,500 3,125
Sunrise Park 3 1 2 3 9 O 120,000 4 30,000 3,333
Honeybee Park 0 1 1 1 3 S 25,000 2 12,500 4,167
Rainbow Park 2 1 2 1 6 O 25,000 1 25,000 4,167
High 3 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
ITEM NO. 8
Table 4: Basketball Courts Assessment
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost ($)# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Honeybee Park 3 2 1 2 8 O 20,000 2 10,000 1,250
Sunrise Park 2 3 1 2 8 S 20,000 2 10,000 1,250
Magnolia Park 1 3 1 2 7 S 22,000 2 11,000 1,571
Dorotea Park 1 2 2 1 6 S 10,000 1 10,000 1,667
Gold Ridge Park 2 1 0 2 5 S 20,000 2 10,000 2,000
Rainbow Park 3 1 2 1 7 O 15,000 1 15,000 2,143
Golis Park 1 3 0 2 6 S 30,000 2 15,000 2,500
High 3 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
S
C
A
L
E
Community Benefit Rehab/Retrofit Cost
ITEM NO. 8
Table 5: Soccer Courts Assessment
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost ($)# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Alicia Park 3 1 1 0 5 C 12,000 2 6,000 1,200
Golis Park 2 2 0 2 6 C 6,000 1 6,000 1,000
High 3 3 3 3 C - Crack seal, stripe Priority Tier
Medium 2 2 2 2 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
ITEM NO. 8
Table 3, Table 4, and Table 5 above summarize the assessments of the tennis, basketball, and
soccer courts, respectively. Staff calculated the total estimated cost of court rehabilitation and
divided by the number of courts, returning the estimated cost per court. Then, the cost per court
was divided by the total community benefit points for that court, which returned the estimated cost
per court per community benefit point. Staff then grouped the various estimated cost per court per
community benefit point calculations into different tiers to help strategically prioritize which
projects would be addressed first. Priority Tier 1 projects are the lowest estimated cost per court
per community benefit point. Priority Tier 2 projects are mid-range in estimated cost per court per
community benefit. Priority Tier 3 projects are the highest estimated cost per court per community
benefit point.
Table 3, Table 4, and Table 5 above show the tennis, basketball, and soccer courts listed in a low
to high ranking by rehabilitation cost per court per community benefit point. Priority Tier 1
projects are displayed at the top, followed by Priority Tier 2 and lastly Priority Tier 3 projects.
Multi-Year Implementation Plan
A multi-year approach for implementing the court rehabilitation and surface repairs would allow
staff to develop a comprehensive schedule for completing the projects. The implementation plan
can be generated using the Priority Tiers established from the assessments summarized in Table
3, Table 4, and Table 5 above.
Table 6 below summarizes a proposed three-year court rehabilitation plan which addresses all
priority Tier 1 projects first. After completing Priority Tier 1 projects, depending upon funding,
staff would move on to scheduling Priority Tier 2 and Priority Tier 3 projects.
Table 6: Proposed Three-Year Court Rehabilitation Plan
Schedule Location # of Courts Cost Estimates
Year 1
1. Honeybee Park – Basketball 2 $ 20,000
2. Sunrise Park – Basketball 2 $ 20,000
3. Magnolia Park – Basketball 2 $ 22,000
4. Ladybug Park – Tennis 2 $ 25,000
5. Golis Park – Tennis 2 $ 20,000
6. Eagle Park – Tennis 2 $ 30,000
7. Golis Park – Soccer 1 $ 6,000
8. Dorotea Park – Basketball 1 $ 10,000
9. Gold Ridge Park – Basketball 2 $ 20,000
Total $ 193,000
10. Dorotea Park – Tennis 2 $ 25,000
11. Sunrise Park – Tennis 4 $ 120,000
Year 2
12. Rainbow Park – Basketball 1 $ 15,000
13. Golis Park – Basketball 2 $ 30,000
14. Alicia Park – Soccer 2 $ 12,000
Total $ 202,000
Year 3 15. Honeybee Park – Tennis 2 $ 25,000
16. Rainbow Park – Tennis 1 $ 25,000
Total $ 50,000
ITEM NO. 8
STRATEGIC PLAN ALIGNMENT:
Developing a plan to prioritize the rehabilitation of recreational courts is in alignment with
Strategic Plan Goal D: Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
The total of all court repairs exceeds the established $200,000 budget for Fiscal Year 2017-18.
Staff requests direction for identifying which recreational tennis, basketball, and soccer courts to
rehabilitate and has identified the following options:
Option 1: Dividing up the projects into Priority Tiers. A multi-year plan would break up the court
rehabilitation projects into multiple tiers. Priority Tier 1 projects would be addressed first,
followed by Priority Tier 2, and lastly Priority Tier 3. Priority Tiers are determined by calculating
the cost per court per community benefit point based upon evaluation criteria. Staff and Parks
and Recreation Commission Recommend this Option.
Option 2: Modify evaluation criteria, generate new priority project list and timeline. Staff believes
the criteria in this report capture the current benefit to the community and provide an accurate tool
for establishing courts priorities. Depending upon funding, the City’s entire court infrastructure
could be rehabilitated in four years or less. Staff does not recommend adjusting the evaluation
criteria and work plan.
FISCAL IMPACT/FUNDING SOURCE:
City Council has established a $200,000 budget for court repairs during the Fiscal Year 2017-18
budgeting process. Cost estimates have been provided by the Deputy City Engineer based upon
photos and staff accounts of court conditions.
Department Head Approval Date: August 8, 2017
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
City Manager Approval Date: August 17, 2017
Attachments (list in packet assembly order):
1) FY2017-18 Recreational Courts Rehabilitation and Surface Repair Assessment
1 | P a g e
FY2017-18 Recreational Courts Rehabilitation
and Surface Repair Assessment
Total FY 2017-18 Budget = $200,000
Proposed Three-Year Court Rehabilitation Plan
Schedule Location # of Courts Cost Estimates*
Year 1
1. Honeybee Park – Basketball 2 $ 20,000
2. Sunrise Park – Basketball 2 $ 20,000
3. Magnolia Park – Basketball 2 $ 22,000
4. Ladybug Park – Tennis 2 $ 25,000
5. Golis Park – Tennis 2 $ 40,000
6. Eagle Park – Tennis 2 $ 30,000
7. Golis Park – Soccer 1 $ 6,000
8. Dorotea Park – Basketball 1 $ 10,000
9. Gold Ridge Park – Basketball 2 $ 20,000
Total $ 193,000
Year 2
10. Dorotea Park – Tennis 2 $ 25,000
11. Sunrise Park – Tennis 4 $ 120,000
12. Rainbow Park – Basketball 1 $ 15,000
13. Golis Park – Basketball 2 $ 30,000
14. Alicia Park – Soccer 2 $ 12,000
Total $202,000
Year 3
15. Honeybee Park – Tennis 2 $ 25,000
16. Rainbow Park – Tennis 1 $ 25,000
Total $ 50,000
*Court repair cost estimates have been provided by Deputy City Engineer as of July 27, 2017.
2 | P a g e
Courts Status
Tennis
# of Courts Lights Type of use
(Resident/League) Parking Condition
Dorotea Park 2 Yes R Street Good
Eagle Park 2 Yes R Street Fair
Golis Park 2 Yes R Lot Fair
Honeybee Park 2 Yes R Lot Good
Ladybug Park 2 No R Street Fair
Magnolia Park 8 Yes L Lot Excellent
Rainbow Park 1 Yes R Street Fair
Sunrise Park 4 Yes R Lot Poor
Basketball
# of Courts Lights Parking Condition
Dorotea Park 1 Yes Street Good
Gold Ridge Park 2 Yes Lot Fair
Golis Park 2 Yes Lot Fair
Honeybee Park 2 Yes Lot Poor
Magnolia Park 2 Yes Lot Fair
Rainbow Park 1 Yes Street Poor
Sunrise Park 2 Yes Lot Poor
Soccer
# of Courts Lights Parking Condition
Alicia Park 2 No Street Poor
Golis Park 1 Yes Lot Fair
3 | P a g e
Courts Analysis
Tennis Analysis
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)
# of
Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Ladybug Park 1 1 2 1 5 S 25,000 2 12,500 2,500
Golis Park 1 2 1 3 7 S 40,000 2 20,000 2,857
Eagle Park 2 2 0 1 5 S 30,000 2 15,000 3,000
Dorotea Park 0 2 0 2 4 S 25,000 2 12,500 3,125
Sunrise Park 3 1 2 3 9 O 120,000 4 30,000 3,333
Honeybee Park 0 1 1 1 3 S 25,000 2 12,500 4,167
Rainbow Park 2 1 2 1 6 O 25,000 1 25,000 4,167
High 3 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
4 | P a g e
Basketball Analysis
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost ($)# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Honeybee Park 3 2 1 2 8 O 20,000 2 10,000 1,250
Sunrise Park 2 3 1 2 8 S 20,000 2 10,000 1,250
Magnolia Park 1 3 1 2 7 S 22,000 2 11,000 1,571
Dorotea Park 1 2 2 1 6 S 10,000 1 10,000 1,667
Gold Ridge Park 2 1 0 2 5 S 20,000 2 10,000 2,000
Rainbow Park 3 1 2 1 7 O 15,000 1 15,000 2,143
Golis Park 1 3 0 2 6 S 30,000 2 15,000 2,500
High 3 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
S
C
A
L
E
Community Benefit Rehab/Retrofit Cost
5 | P a g e
Soccer Analysis
Analysis
Greatest
Improvement
Need1
Current
Court
Use
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost ($)# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Alicia Park 3 1 1 0 5 C 12,000 2 6,000 1,200
Golis Park 2 2 0 2 6 C 6,000 1 6,000 1,000
High 3 3 3 3 C - Crack seal, stripe Priority Tier
Medium 2 2 2 2 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
6 | P a g e
Dorotea Park – Tennis
West court cracking – minor East court cracking – minor Mild to severe cracking. Sealant needed
Court top coat and cracking – minor Court top coat and cracking – minor
7 | P a g e
Eagle Park – Tennis
Perimeter severe cracking and trip hazard, outside of courts.
Top coat and restripe needed.
Root and severe cracking starting Fencing, fence line uneven & needs replacement.
8 | P a g e
Golis Park – Tennis
Top coat and cracking
9 | P a g e
Honeybee Park – Tennis
Top coat needed
Severe cracking
Perimeter severe cracking, outside of courts.
10 | P a g e
Ladybug Park – Tennis
Top coat and restripe needed
Severe cracking around perimeter
11 | P a g e
Rainbow Park - Tennis
May need an overlay, top coat, and restripe.
Possible subgrade issues resulting in mild to severe cracking.
12 | P a g e
Sunrise Park – Tennis
Poor condition, needs overlay, top coat, and striping
13 | P a g e
Dorotea Park – Basketball
Crack sealant and a topcoat with a restripe.
Currently its blacktop with striping
14 | P a g e
Gold Ridge Park – Basketball
Striping needed and cracking
15 | P a g e
Golis Park – Basketball
Top coat and striping needed
Crack sealing
16 | P a g e
Honeybee Park – Basketball
Top coat and cracking – severe
Needs crack sealing, overlay (maybe) topcoat and striping
17 | P a g e
Magnolia Park – Basketball
Crack sealant, topcoat, and restriping
18 | P a g e
Rainbow Park – Basketball
Overlay may be needed, but definitely crack sealing, topcoat, and restripe
19 | P a g e
Sunrise Park – Basketball
20 | P a g e
Alicia Park – Soccer
Crack sealing and restripe required.
21 | P a g e
Golis Park – Soccer
Crack seal, black top only.
ITEM NO. 9
1
Meeting Date: August 22, 2017
Department: Finance
Submitted By: Betsy Howze, Finance Director
Agenda Title: Approval of Issuance of Charter School Revenue Bonds by the California
Public Finance Authority for the benefit of Credo High School, not to
exceed $3,000,000 in bond proceeds
RECOMMENDED ACTIONS: Approve a resolution authorizing the City to join the
California Public Finance Authority Joint Exercise of Power Agreement (JPA) and approving the
JPA’s issuance of charter school revenue bonds not to exceed an aggregate principal amount of
$3,000,000 for facility and other improvements.
BACKGROUND: In the past, the City has conducted Tax Equity and Fiscal Responsibility Act
or TEFRA hearings. This process is ministerial and does not expose the City to financial risk; the
City is simply authorizing the issuance of debt by a third party to finance improvements and
other needs at Credo High School (“Credo”), a charter high school located in Rohnert Park at
1300 Valley House Drive. Credo needs to complete capital improvements at its campus,
consisting primarily of constructing classroom spaces and other tenant improvements within a
leased space in SOMO Village, together with acquiring furniture, fixtures, educational
equipment, books, and materials. The work has been started and needs the funding from the
bonds in order to complete the work as soon as possible.
Credo, an Internal Revenue Code Section 501(c)(3) non-profit entity is eligible to be the
beneficiary of tax exempt bonds (the “Bonds”) to finance these capital expenditures. In order to
issue the Bonds, the Internal Revenue Code (the “Code”) requires that (i) the Bonds be issued by
a governmental entity with the legal authority to issue Bonds, and (ii) prior to the issuance of the
Bonds, their issuance is approved by the elected officials of the city or county where the project
is located pursuant to a public hearing, notice of which is published in a newspaper of general
circulation at least 14 days in advance of the date of the hearing.
Credo has submitted an application to the California Public Finance Authority (“CPFA”) to be
the issuer of the Bonds. CPFA is a political subdivision created pursuant to a Joint Exercise of
Powers Agreement (JPA) for the purpose of issuing tax exempt and taxable conduit bonds for
California public, non-profit, and private entities. CPFA issues conduit Bonds for projects
throughout the State of California.
Credo is requesting that the City provide the local approval necessary for CPFA to issue the
Bonds for the school pursuant to a formal notice and hearing. As a practical matter, the specific
requirements are as follows:
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
1. Consider Credo’s request at the August 22, 2017, City Council meeting. (Notice of
the Public Hearing was published in the Community Voice on August 4, 2017, which date meets
the 14 days’ prior notice requirement.)
2. After the public hearing of this agenda item, consider a Resolution that would (a)
approve the issuance of the Bonds for purposes of the public approval requirements of the Code,
and (b) authorize the City to become an “Additional Member” of CPFA (such membership being
a technical requirement for CPFA to issue these Bonds). The Resolution and Joint Exercise of
Powers Agreement are attached.
Since the construction of the Credo project has already started to meet class schedules for the
Fall, the Bonds are to be issued as soon as possible.
ANALYSIS: In order for the CPFA to serve as the issuer of the bonds, it is necessary for the
City of Rohnert Park to become a member of the CPFA. Attached to this report is a copy of the
Joint Exercise of Powers Agreement to be executed by the City Manager.
The Joint Exercise of Powers Agreement provides that the CPFA is a public entity, separate and
apart from each member executing the agreement. The debts, liabilities and obligations of the
CPFA do not constitute debts, liabilities or obligations of the members.
Repayment of the Bonds to be issued by the CPFA will be the sole responsibility of Credo.
Neither the City nor Cotati Rohnert Park Unified School District will have any financial, legal,
or moral obligation, liability or responsibility for the Project or the repayment of the Bonds. All
financing documents with respect to the issuance of the Bonds will contain clear disclaimers that
the Bonds are not obligations of the City.
There are no costs associated with membership in the CPFA and the City will in no way become
exposed to any financial liability by reason of its membership in the CPFA. In addition,
participation by the City in the CPFA will not impact the City’s appropriations limits and will
not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing,
adopting the required resolution, approving the Subordination Agreement, and executing the
Joint Exercise of Powers Agreement of the CPFA, no other participation or activity of the City
will be required.
The Joint Exercise of Powers Agreement provides that any member may withdraw from the
agreement and membership in CPFA upon written notice to the CPFA. In the case of the
proposed financing, the City could, at any time following the issuance of the Bonds, withdraw
from the CPFA by providing written notice to the CPFA.
FISCAL IMPACT: There is no financial impact to the City. Credo is not asking the City to
issue the Bonds or have any financial responsibility with respect to the Bonds or its membership
in CPFA. In fact, the City has no financial obligation with respect to the Bonds or the CPFA.
The Bonds will be secured solely by the revenues and other assets of Credo.
ITEM NO. 9
3
STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with the Strategic
Plan goal of supporting a vibrant community as quality schools are important to a strong
community.
OPTIONS CONSIDERED:
Option 1 – Recommended Option: Approve the resolution joining CPMA and authorizing it to
issue bonds on behalf of Credo High School.
Option 2 – Do not approve the resolution and bonds, which will substantially increase financing
costs for Credo’s improvements.
Finance Director Approval Date: August 8, 2017
City Attorney Approval Date: August 8, 2017
City Manager Approval Date: August 14, 2107
Attachments:
1. Resolution
2. Exhibit A - Public Notice
3. Joint Exercise of Powers Agreement
1
2017-108
RESOLUTION NO. 2017-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK, CALIFORNIA, APPROVING THE
ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE
AUTHORITY OF CHARTER SCHOOL REVENUE BONDS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT
EXCEEDING $3,000,000 FOR THE PURPOSE OF
FINANCING IMPROVEMENTS AND THE ACQUISITION
OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE
USE OF CREDO HIGH SCHOOL AND CERTAIN OTHER
MATTERS RELATING THERETO.
WHEREAS, Credo High School (the “Borrower”), a California nonprofit corporation (or
any successor or assigns thereto), has requested that California Public Finance Authority (the
“Authority”) participate in the issuance of one or more series of revenue bonds in an aggregate
principal amount not to exceed $3,000,000 (the “Bonds”) and loan the proceeds of the Bonds to
the Borrower to (i) finance tenant improvements and acquire furniture, fixtures and equipment for
the use of Credo High School located at 1300 Valley House Drive #100, Rohnert Park, California
(the “Project”); (ii) make a deposit to a debt service reserve fund, if required; and (iii) pay costs of
issuance of the Bonds and certain other costs incurred in connection with the issuance of the Bonds;
and
WHEREAS, the Project will be owned by the Borrower for federal income tax purposes
and will be located at the address described in the Notice of Public Hearing attached as Exhibit
“A” (the “Notice”); and
WHEREAS, the City proposes to become an Additional Member of the Authority pursuant
to Section 12 of the Joint Exercise of Powers Agreement, dated as of May 12, 2015 (the
“Agreement”), between the County of Kings and Housing Authority of County of Kings, creating
and establishing the Authority; and
WHEREAS, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as
amended (the “Code”), the issuance of the Bonds must be approved by the “Applicable Elected
Representative” of the City of Rohnert Park, California (the “City”), as the host jurisdiction for
the Project; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative
body of the City and is the “Applicable Elected Representative” of the City; and
WHEREAS, the Borrower has requested that the City Council approve the financing of the
Project and the issuance of the Bonds in order to satisfy the requirements of the Code and the
Agreement; and
WHEREAS, in accordance with Section 147(f) of the Code, the City Council, as host
jurisdiction for the Project, must provide public notice of and conduct a public hearing concerning
the Authority’s intention to issue the Bonds, and approve the issue; and
2
2017-108
WHEREAS, the Notice was given as set forth in Exhibit A (the “Notice”), in the newspaper
shown on Exhibit A; and
WHEREAS, the City Council conducted a public hearing, pursuant to the Notice, on
Tuesday, August 22, 2017 at 6:00 p.m.; and
WHEREAS, in accordance with the California Environmental Quality Act (Pub. Res. Code
Section 21000 et seq. (“CEQA”)), the Project was approved by the City for construction as the
remodeling of the interior of an existing building, and thus a Class 2 Categorical Exemption
pursuant to CEQA Guideline 15302 and thus in compliance;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
Section 1. REQUEST FOR MEMBERSHIP IN AUTHORITY. The City hereby
requests to become an Additional Member of the Authority pursuant to Section 12 of the
Agreement. The Agreement is hereby approved and the Mayor of the City and all other proper
officers and officials of the City, or a designee thereof, are hereby authorized and directed to
execute the Agreement and file the signed Agreement with the Authority.
Section 2. APPROVAL OF ISSUANCE OF BONDS: The City Council hereby
approves the issuance of the Bonds by the Authority for the purpose of financing the Project. It is
the purpose and intent of the City Council that this Resolution constitute the City’s approval of the
issuance of the Bonds. The City is the governmental unit having jurisdiction over the area in which
the Project is located, in accordance with Section 147(f) of the Code.
Section 3. GENERAL AUTHORITY. The officers of the City are hereby authorized
and directed, jointly and severally, to do any and all things and execute and deliver any and all
documents, certificates and other instruments which they deem necessary or advisable in order to
carry out, give effect to and comply with the terms and intent of this Resolution and the financing
transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and
approved.
Section 3. LIMITATION: The City Council expressly conditions its approval of this
Resolution on its understanding that the City and the Cotati Rohnert Park Unified School District
shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated
with the Authority’s issuance of the Bonds for the financing of the 2017 Project.
Section 4. EFFECTIVE DATE: This Resolution shall take effect from and after its
passage and approval.
3
2017-108
DULY AND REGULARLY ADOPTED this 22nd day of August, 2017.
CITY OF ROHNERT PARK
_____________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit A
AHANOTU: ______ BELFORTE: ______ CALLINAN: ______ STAFFORD: ______ MACKENZIE: ______ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
LEGAL NOTICE
CALIFORNIA PUBLIC FINANCE AUTHORITY
NOTICE OF PUBLIC HEARING
The City Council of the Rohnert Park, California (the “City”) will hold a public hearing on
Tuesday, August 22, 2017, at 6:00 p.m., or as soon thereafter as possible, in the City Council
Chambers located at 130 Avram Avenue, Rohnert Park, California 94928, to discuss a project
involving a qualified private activity bond financing. Anyone having an interest in this matter may
attend the meeting to give their comments.
Applicant: Credo High School
1300 Valley House Dr. #100
Rohnert Park, California 94928
Project Description: Charter School Revenue Bonds, in one or more series (the “Bonds”),
expected to be issued by California Public Finance Authority (the
“Authority”), and the proceeds loaned to the Applicant for the
following:
(a) finance facility tenant improvements and the acquisition of
furniture, fixtures and equipment for use of Applicant;
(b) make a deposit to a debt service reserve fund, if required;
and
(c) pay costs of issuance of the Bonds and certain other costs
incurred in connection with the issuance of the Bonds.
Project Location: 1300 Valley House Dr. #100
Rohnert Park, California 94928
Project Owner: Applicant
Maximum Aggregate Face
Amount of Tax Exempt
Obligations Requested: Not to exceed $3,000,000
The Bonds are expected to be issued by the Authority pursuant to the provisions of the
Joint Exercise of Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title
1 (commencing with Section 6500) of the Government code of the State of California. The Bonds
will be special limited obligations of the Authority payable solely from the loan repayments to be
made by the Applicant to the Authority, and certain funds and accounts held in trust under the
bond agreement for the Bonds. All of the facilities to be financed with the proceeds of the Bonds
will be owned by the Applicant.
Notice is further given that the applicant has filed an application with the Authority in
connection with the proposed issuance of the Bonds to finance the Project, and reference is hereby
made to such application for further particulars.
Interested persons wishing to express their views on the issuance of the Bonds or the nature
and location of the Project will be given an opportunity to do so at the public hearing or may, prior
to the time of the hearing, submit written comments to the City Clerk at the address above. The
public hearing is being held in the City as the host jurisdiction pursuant to the Section 147(f) of
the Internal Revenue Code of 1986, as amended (the “Code”).
This notice is published in accordance with the public notice requirements of Section 147(f)
of the Code and the Tax Equity and Fiscal Responsibility Act of 1982.
Dated: July 27, 2017 JoAnne Buergler
Published: August 4, 2017 City Clerk
[Signature Page to Joint Exercise of Powers Agreement Relating to the California Public Finance Authority]
IN WITNESS WHEREOF, the Additional Members hereto have caused this Agreement
to be executed and attested by their proper officers thereunto duly authorized.
Dated: ________________
Additional Member Name:
By:
Its:
ATTEST:
___________________________________
By:
Its:
ITEM NO. 10
1
Meeting Date: August 22, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jay Bradford, Building Official
Agenda Title: Introducing an Ordinance Adding Chapter 15.34, “Electric Vehicle
Charging Stations Review Process” to Title 15 of the Rohnert Park
Municipal Code
RECOMMENDED ACTION: Conduct a public hearing and introduce an Ordinance adding
Chapter 15.34 “Electric Vehicle Charging Station Review Process” to Title 15 of the Rohnert
Park Municipal Code.
BACKGROUND: In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu,
Codified as Government Code Section 65850.7), which requires local jurisdictions with a
population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined
permitting process for electric vehicle charging stations on or before September 30, 2017.
This process includes the establishment of a checklist containing objective requirements for the
installation of an electric vehicle charging station and a process for electronic submittal of permit
applications. The content of the checklist requires the permit applicant to check the features of
the existing electrical service such as rating in amperes, system voltage, connected or calculated
load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply
equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle
supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to
comply with all applicable building and fire safety laws. The checklist also assists the applicant
in confirming that the location of the electric vehicle supply equipment will comply with any
vehicle clearance requirements in the City’s Zoning Ordinance.
Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a
permit for an electric vehicle charging station based on the approval of an association or
nonprofit corporation or unincorporated association created for the purpose of managing a
common interest development.
ANALYSIS: The adoption of this ordinance is required by state law and supports the general
implementation of CalGreen and California Energy Code. Development Services’ Planning
Division is seeing electric vehicle charge stations proposed as part of planning applications in
order to mitigate air quality and greenhouse gas impacts and facilitate compliance with the
California Environmental Quality Act, which means the Department will likely be seeing
applications for the installation of these devices in the future.
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
The proposed ordinance is based on a model ordinance that was developed by the industry to
facilitate compliance with state law. The ordinance outlines the following features of the City’s
permit process for electric vehicle charge stations:
1. Application materials posted on the City’s website
2. Options for electronic submittal including acceptance of an electronic signature
3. Availability of a completeness checklist based on state guidance
4. Permit review limited to compliance local, state and federal health and safety
requirements
5. Option for a conditioned administrative (staff-issued) permit for situations where
installation of the charging station could cause adverse impacts if not mitigated
6. Option for applicants to appeal staff decisions to the planning commission.
Most of the features are currently in place and part of Development Services standard review
process. The single largest new requirement is the requirement to prepare an application
completeness checklist specific to electric vehicle charge stations. Staff is currently finalizing the
application checklist based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist”
included the state guidebook titled “Zero-Emission Vehicles in California: Community
Readiness Guidebook”, which provides for streamlined review while ensuring compliance with
the electrical codes and standard items for fire prevention safety.
STRATEGIC PLAN ALIGNMENT: The adoption, implementation and enforcement of the
Electric Vehicle Charging Stations Review Process supports Strategic Plan Goal D – Continue to
Develop a Vibrant Community.
OPTIONS CONSIDERED: None. This is a mandatory measure required by assembly Bill 1236
(2015) that requires all local jurisdictions to adopt an ordinance with an expedited, streamlined
process for permits for Electric Vehicle Charging Stations. The effective date of the ordinance is
September 30, 2017 for jurisdictions with a resident population less than 200,000.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of adopting the proposed
ordinance is minimal. Development Services’ Fee Schedule currently has fees established
applicable to electric vehicle charging stations installations and the program costs will be
covered by fees from applicants.
Department Head Approval Date: 8/7/2017
Finance Director Approval Date: N/A
City Attorney Approval Date: 8/3/2017
City Manager Approval Date: 8/14/2017
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California, Adding Chapter 15.34,
“ELECTRIC VEHICLE CHARGING STATIONS REVIEW PROCESS,” To Title
15 of the Rohnert Park Municipal Code.
ORDINANCE NO. 909
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADDING
CHAPTER 15.34, “ELECTRIC VEHICLE CHARGING STATIONS REVIEW
PROCESS,” TO TITLE 15 OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City is responsible for local enforcement of the California Building
Standards Code; and
WHEREAS, the State of California and the City of Rohnert Park have consistently
promoted and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, the State of California recent adopted legislation the added Government
Code Section 65850.7, which requires local agencies to adopt an ordinance that creates an
expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle
charging stations would facilitate convenient charging of electric vehicles and help reduce the
City’s reliance on environmentally damaging fossil fuels; and
WHEREAS, local jurisdictions responsible for enforcement of the California Building
Standards Code must enact local administrative regulations in order to implement the California
Building Standards Code; and
WHEREAS, it is necessary to authorize the Building Official to require that licensed
building contractors perform specified work when public health and safety is at risk; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field
which has been fully occupied by state law, including the California Building Standards Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. FINDINGS
The City Council finds that:
A. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on August 22, 2017.
B. In accordance with CEQA Guidelines, Section 15061(b)(3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a significant
effect on the environment.
C. This ordinance is enacted pursuant to and in compliance with Health & Safety Code
Sections 17958.5, 17958.7, and as expressly permitted in Government Code Section
50022.2, to make local amendments to the California Building Standards Code.
D. While it is clearly understood that the adoption of the amendments to the Codes and the
adoption of Ordinances may not prevent the incidence of fire, it is noted the implementation
of these various amendments will reduce the severity and potential loss of life and loss of
property.
Page 2 of 6
SECTION 2. CHAPTER 15.34
The following shall be added to the Rohnert Park Municipal Code as Chapter 15.34:
Chapter 15.34 - Electric Vehicle Charging Stations Review Process
15.34.010 - Definitions.
The following words and phrases as used in this section are defined as follows:
A. “Electric Vehicle Charging Station (EVCS)” or “Charging Station” means any means
any of the following:
a. Any level of electric vehicle supply equipment station that is designed and built
in compliance with Article 625 of the California Electrical Code, as it reads on
the effective date of this Chapter, and delivers electricity from a source outside
an electric vehicle into a plug-in electric vehicle.
b. One or more electric vehicle charging spaces served by electric vehicle
charger(s) or other charging equipment allowing charging of electric vehicles.
Electric vehicle charging stations are not considered parking spaces.
B. “Electric Vehicle (EV)” means an automotive-type vehicle for on-road use, such as
passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric
motorcycles, and the like, primarily powered by an electric motor that draws current from
a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric
current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For
purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such
as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment,
C. “Electric Vehicle (EV) Charger” means off-board charging equipment used to charge an
electric vehicle.
D. “Electric Vehicle Charging Space (EV Space)” means a space intended for future
installation of EV charging equipment and charging of electric vehicles.
E. “Electric Vehicle Supply Equipment (EVSE)” means the conductors, including the
ungrounded, grounded, and equipment grounding conductors and the electric vehicle
connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for the purpose of transferring energy between the premises wiring
and the electric vehicle.
F. “Specific, Adverse Impact” means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health or safety standards,
policies, or conditions as they existed on the date the application was deemed complete.
G. “Electronic Submittal” means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.
Page 3 of 6
H. “Electric Vehicle (EV) Checklist” means a document containing objective requirements
for the installation of an electric vehicle charging station and a process for electronic
submittal of permit applications. The content of the checklist requires the permit applicant
to check the features of the existing electrical service such as rating in amperes, system
voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating
of the electric vehicle supply equipment, circuit rating of the electric vehicle supply
equipment, location of the electric vehicle supply equipment, if ventilation is/or is not
required, and clearances of the charging equipment to comply with all applicable building
and fire safety laws. The checklist also assists the applicant in confirming that the location
of the electric vehicle supply equipment will comply with any vehicle clearance
requirements in the City’s Zoning Ordinance.
15.34.020 - Purpose.
The purpose of this section is to provide an expedited, streamlined permitting process for EVCS
as required by California Government Code Section 65850.7.
15.34.030 - Applicability.
EVCS legally established or permitted prior to the effective date of this chapter are not subject to
the requirements of this chapter unless physical modifications or alterations are undertaken that
materially change the size, type, or components of the EVCS in such a way as to require new
permitting. Routine operation and maintenance shall not require a permit.
15.34.040 - EVCS requirements.
A. All EVCSs shall meet applicable health and safety standards and requirements
imposed by the state and the city.
B. EVCSs shall meet all applicable safety and performance standards established by the
California Electrical Code as modified by this Title, the Society of Automotive
Engineers, the National Electrical Manufacturers Association, and accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules of the
Public Utilities Commission regarding safety and reliability.
C. Prior to submitting an application for processing, the applicant shall verify that the
installation of an electric vehicle charging station will not have specific, adverse impact to
public health and safety and building occupants. Verification by the applicant includes but
is not limited to: electrical system capacity and loads; electrical system wiring, bonding
and overcurrent protection; building infrastructure affected by charging station equipment
and associated conduits; areas of charging station equipment and vehicle parking.
15.34.050 - Applications and required documents.
A. All applications will be subject to Chapter 15.04 General Provisions and Penalties of
this Title.
B. All documents required for the submission of an expedited EVCS application shall
be made available on the city's website.
C. Applications for EVCS permits, and any supporting documents, may be submitted by
email, facsimile, or the internet.
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D. An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature.
E. The City Manager or designee shall implement an EV checklist with all of the
requirements for which EVCS shall comply to be eligible for expedited review.
F. The EVCS permit process, standard plans and checklist shall substantially conform
to recommendations for expedited permitting contained in the most in the most
current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist”
of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as
published by the Governor’s Office of Planning and Research, in effect at the time of
permit application.
15.34.060 - Permit review and inspection requirements.
A. An application that satisfies the information requirements in the checklist provided
under Section 15.34.050(e) and (f), as determined by the building official, shall be
deemed complete.
B. If the building official receives an incomplete application, the building official shall
issue a written correction notice detailing all deficiencies in the application and any
additional information required to be eligible for expedited permit issuance.
C. Upon confirmation by the building official of the application and supporting
documentation being complete, the building official shall review the application. The
building official's review of the application shall be limited to whether the
application meets local, state and federal health and safety requirements. The
requirements of local law shall be limited to those standards and regulations
necessary to ensure that the EVCS will not have a specific, adverse effect on the
public health or safety.
D. The building official shall require the applicant to apply for an administrative permit
pursuant to Section 15.04.040 et seq. of the Rohnert Park Municipal Code if the
building official makes a finding based on substantial evidence that the EVCS could
have a specific, adverse impact upon the public health and safety. Any conditions
imposed on an administrative permit shall be designed to mitigate the specific,
adverse impact upon public health and safety at the lowest cost possible. The
decision to require an administrative permit may be appealed to the planning
commission.
E. The city may not deny an application for an administrative permit to install an EVCS
unless it makes written findings based upon substantial evidence in the record that
the proposed installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact. The findings shall include the basis for the rejection of
potential feasible alternatives of preventing adverse impact. The decision to deny an
administrative permit may be appealed to the planning commission.
F. Upon confirmation that the application is complete and that the EVCS will not have a
specific, adverse impact upon the public health or safety, the building official shall
approve the application and issue all the necessary permits and authorizations.
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G. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
H. The city shall not condition approval of an application on the approval of an
association.
I. Only one inspection shall be required and performed by the building division for
EVCS eligible for expedited review, which shall be scheduled within three business
days of a request.
J. If EVCS fails inspection, a subsequent inspection is authorized but need not conform
to the requirements of subsection I.
15.34.070 - Fees.
Permit and plan check fees for EVCS shall be set forth by Building Plan Check, Inspection and
Permit Fees for circuits. Such fees shall comply with Government Code Sections 65850.7, and
any other applicable state laws.”
SECTION 3. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall go into effect thirty (30) days after its adoption and shall be published or
posted as required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
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This ordinance was introduced on the 22nd day of August, 2017 by a vote of the City Council as
follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
__________________________________
Jake Mackenzie, Mayor
ATTEST:
__________________________________
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
_______________________________
Michelle Marchetta Kenyon, City Attorney