2017/09/26 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, September 26, 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.”
City of Rohnert Park Joint Regular Meeting Agenda September 26, 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 Proclamation: Declaring October as Domestic Violence Awareness Month
4. DEPARTMENT HEAD BRIEFING
A. City Manager: Town Hall Meeting on Wednesday, October 4th at 6:00 p.m. in
Community Center Multi-Use Room
B. Community Services: Founder’s Day 2017 on Saturday, October 7th at 10:00 a.m.
C. Community Services: Second Sunday Family Fun Series on Sunday, October 8th
from 1:00 p.m. – 4:00 p.m.
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, September 12,
2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated September 26, 2017
2. Successor Agency to the CDC Bills/Demands for Payment dated September 26,
2017
3. RPFA- Cash Report for Month Ending August 2017
4. Housing Successor Agency- Cash Report for Month Ending August 2017
5. Successor Agency- Cash Report for Month Ending August 2017
C. City Council Resolutions for Adoption:
1. 2017-114 Authorizing and Approving the Director of Finance to
Increase Appropriation for FY 2016-17 within Various
Accounts as Incorporated in Exhibit A
2. 2017-115 Authorizing the City Manager to Execute a Cooperative
Agreement with Sonoma County Water Agency to Fund the
Design of the Copeland Creek Regional Detention Basin and
City of Rohnert Park Joint Regular Meeting Agenda September 26, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 5
GHD Task Order 2017-08 for Design Services and Related
Actions
3. 2017-116 Approving the Park Restrooms Renovation Project No. 2016-
10, Finding the Project Exempt from CEQA, Approving and
Adopting Plans and Specifications and Awarding the Contract
to Carr’s Construction Services, Inc.
4. 2017-117 Amending the 2017-18 Capital Improvement Plan Budget to
Meet Requirements of the Road Repair and Accountability
Act, Appropriating $237,231 in Road Repair and Maintenance
Account Funding, and Increasing Budget for Traffic Signals
System Needs Implementation (Project No. 2016-07)
D. Ordinance for Adoption:
1. No. 910 E. An Ordinance of the City of Rohnert Park, California
Repealing Resolution 2005-86 and Chapters 13.04, 13.44,
13.62 and 13.66 of Title 13 of the Rohnert Park Municipal
Code and Adding Chapters 13.02, 13.03, 13.04, 13.05, 13.06
and 13.44 to Title 13 of the Rohnert Park Municipal Code
Related to the City’s Potable Water, Recycled Water and
Sewer Systems
Council Motion/Roll Call Vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
7. Consideration of a Resolution in Support of Protecting Human Rights of
Community Members in the City of Rohnert Park
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2017-118 A Resolution in Support of the Protection of the Human,
Constitutional and Other Rights of Community Members of
the City of Rohnert Park
a. Council motion/discussion/vote
8. Discussion and Update on Opening of Park Restrooms
A. Staff Report
B. Public Comments
C. Council discussion/direction
9. Status Report on Implementation of Rohnert Park Strategic Plan
A. Staff Report
B. Public Comments
C. Council discussion/direction
City of Rohnert Park Joint Regular Meeting Agenda September 26, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 5
10. 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. Senior Citizens Advisory Committee (9/21)
C. Other Reports
11. 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.
12. 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.
13. 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.
14. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda September 26, 2017
for City Council/RPFA/CDC Successor Agency Page 5 of 5
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
September 26, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available
for review on September 21, 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 21st day of September, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn
A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK
Recognizing
O CTOBER AS D OMESTIC V IOLENCE A WARENESS M ONTH
Whereas , the City of Rohnert Park recognizes that domestic violence affects one in four families in our
local community and that the crime of domestic violence violates an individual’s privacy, dignity, and security,
based on the systematic use of emotional, physical, sexual, psychological, and economic control or abuse;
and
Whereas , the YWCA Sonoma County is a community-based, not for profit organization affiliated with the
YWCA USA. YWCA Sonoma County embodies its mission to empower, educate, and advocate for domestic
violence survivors and their children who find they are unsafe in their own homes. YWCA Sonoma County
operates our community’s ONLY confidential safe house shelter, the ONLY 24/7 domestic violence crisis
hotline and the ONLY therapeutic preschool serving one of our most vulnerable populations: children ages 3-
5 years old; and
Whereas , domestic violence is a serious crime that affects people of all races, sexes, ages, sexual
orientations, and income levels. Stopping the cycle of vicious criminal assault in the home requires a
coordinated effort between the criminal justice system and the agencies that provide services to victims,
primarily reliant on the strong resolve and immense courage of survivors; and
Whereas , only a collaborative community effort will put an end to the cycle of domestic violence.
Members of our community are encouraged to participate in YWCA’s scheduled events and programs to
support their mission to eliminate domestic violence in Sonoma County through awareness, education and
empowerment.
Now, Therefore, be it Proclaimed that , I, Jake Mackenzie, Mayor of the City of Rohnert
Park, on behalf of the entire City Council, do hereby proclaim October 2017 in Rohnert Park as DOMESTIC
VIOLENCE AWARENESS MONTH.
Duly and Regularly Proclaimed this 26th day of September, 2017.
CITY OF ROHNERT PARK
Jake Mackenzie, MAYOR
Item No. 3A
Next Event:
Sunday, October 8, 2017
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, September 12, 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 5:02 pm, the notice for which being
legally noticed on September 7, 2017.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy O. Ahanotu, Councilmember
Gina Belforte, Councilmember
Absent: Joseph T. Callinan, Councilmember
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Marchetta-Kenyon, Development Services Director Pawson, Human Resource Director
Perrault, Finance Director Howze, Community Services Manager Bagley, and City Clerk
Buergler.
2. PLEDGE OF ALLEGIANCE
Led by Vice Mayor Stafford.
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Honoring Friday Night Senior Center Bingo
Volunteers.
Mayor Mackenzie presented certificates of recognition to the five volunteers (Vicki,
Kurt, Rose, Andrew, and Giovanna) in attendance. Volunteer Kurt thanked the
Council for the recognition, his wife for organizing the program, and the players for
their support. Kurt announced a food drive will take place in October and a toy drive
in December.
4. SSU STUDENT REPORT
Isabelle Briseno, Legislative Representative, Sonoma State University (SSU) Associated
Students, Inc. (SSU ASI) reported school started three weeks ago. Briseno serves on the
City of Rohnert Park Joint Regular Meeting Minutes September 12, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 5
Legislative Affairs Board which works on legislation external from SSU. The Board is
working on a voter registration effort for the November 7, 2017 election. Briseno invited
input from the City regarding their Good Neighbor Program.
5. DEPARTMENT HEAD BRIEFING
A. Community Services: Update on Second Sunday Family Fun Series.
Community Services Manager Bagley reported on the September 10 event and
announced the next event Sunday, October 8, 2017.
6. PUBLIC COMMENTS
Erin Chmielewski, leader of Women’s March Huddle for Rohnert Park & Cotati, requested
City Council adopt a resolution “It Won’t Happen Here” at the next Council meeting
September 26, 2017, demonstrating support for the Rohnert Park community no matter
immigration status, race, ethnicity, religion, country of origin, ability, political affiliation,
economic status, age, gender-identity or sexual orientation or a resolution similar to what has
been adopted by Petaluma and other cities in Sonoma County.
Jenny Blaker requested City Council read the “It Won’t Happen Here” declaration and
requested the City Council adopt the resolution at the next Council meeting September 26,
2017.
Carol Williams requested City Council adopt a resolution “It Won’t Happen Here” at the
next Council meeting September 26, 2017.
Lauren Ornelas, Founder and Director of Food Empowerment Project, requested City
Council adopt a resolution “It Won’t Happen Here” at the next Council meeting September
26, 2017.
Sarah Bauer requested City Council adopt a resolution “It Won’t Happen Here” at the next
Council meeting September 26, 2017.
Judi Bauer requested City Council adopt a resolution “It Won’t Happen Here” at the next
Council meeting September 26, 2017.
Jim Duffy requested City Council agendize a resolution “It Won’t Happen Here” at the next
Council meeting September 26, 2017.
Mayor Mackenzie stated for the record he will bring up the request to agendize a resolution
tonight under Item 11 Matters to and from Council.
7. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, August 22, 2017
City of Rohnert Park Joint Regular Meeting Minutes September 12, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5
B. Acceptance of Reports for:
1. Report of Councilmember Belforte’s Appointment of Gay Deady and Vice Mayor
Stafford’s Appointment of Shari Lorenz to the Sister Cities Relations Committee –
Terms Expiring December 31, 2018
2. City Bills/Demands for Payment dated September 12, 2017
3. Successor Agency to the CDC Bills/Demands for Payment dated September 12,
2017
4. City- Cash Report for Month Ending May 2017
C. City Council Resolution for Adoption:
1. 2017-110 Approving an Agreement with County of Sonoma for Election
Services
2. 2017-111 Approving the City of Rohnert Park Current Pay Rates & Ranges
Revised August 23, 2017
3. 2017-112 Authorizing and Approving the Director of Finance to Increase
Appropriations for FY 2017-18 for the Purchase and Funding of
Equipment and Two Vehicles for the Water Fund
4. 2017-113 Authorizing the City Manager to Execute a Master Service
Agreement and Task Order 2017-01 with M-Group and Related
Actions
D. Ordinance for Adoption:
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
E. Authorize the City Manager to Execute the Agreement with the Sonoma County Water
Agency for Copeland Creek Sediment Removal for a not to exceed amount of $53,233
F. Authorize the Mayor to Vote in Support of Susan Harvey, City of Cotati, to fill a vacancy
on the North Bay Division, League of California Cities Executive Board, at the Mayors’
and Councilmembers’ Association Board Meeting October 12, 2017
G. Authorize the City Manager to Execute Amendment 1 to Task Order 2016-02 with Moe
Engineering to Provide Engineering and Land Surveying Development Review for an
Additional Amount Not-to-Exceed of $90,000
City Manager Jenkins stated City Council would be approving amended minutes as provided
in the Supplemental Item 7.A.1.
ACTION: Moved/seconded (Belforte/Stafford) to approve the Consent Calendar.
Motion carried by the following unanimous roll call 4-0-1 vote: AYES:
Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Callinan.
8. INTRODUCTION OF ORDINANCE – Consideration of Updates to Title 13 of the
Rohnert Park Municipal Code Relating to the City’s Potable Water, Recycled Water
and Sewer Service
Development Services Director Pawson presented the item. Recommended Action(s):
Introduce an Ordinance repealing Resolution 2005-86 and Chapters 13.04, 13.44, 13.62 and
13.66 of Title 13 of the Rohnert Park Municipal Code and adding Chapters 13.02, 13.03,
City of Rohnert Park Joint Regular Meeting Minutes September 12, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5
13.04, 13.05, 13.06 and 13.44 to Title 13 of the Rohnert Park Municipal Code relating to the
City’s potable water, recycled water and sewer systems.
Public Comments: None.
ACTION: Moved/seconded (Ahanotu/Belforte) to introduce Ordinance 910 An
Ordinance of the City of Rohnert Park, California, Repealing Resolution
2005-86 and Chapters 13.04, 13.44, 13.62 and 13.66 of Title 13 of the
Rohnert Park Municipal Code and Adding Chapters 13.02, 13.03, 13.04,
13.05, 13.06 and 13.44 to Title 13 of the Rohnert Park Municipal Code
Relating to the City’s Potable Water, Recycled Water And Sewer Systems.
Title read by Mayor Mackenzie.
Motion carried by the following unanimous roll call 4-0-1 vote: AYES:
Ahanotu, Belforte, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Callinan
9. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
1. Waste & Recycling Committee (8/31)
Vice Mayor Stafford reported the Committee received updates on many topics such
as the rate review, Rohnert Park Disposal asset sale and assignment of contract,
potential amendments to 2012 contract with Rohnert Park Disposal, compost sites,
and R3 contract. An update with be provided at a future City Council meeting.
B. Liaison Reports
1. Health Action Council (9/1)
Councilmember Belforte reported that the Health Action framework is in the planning
process.
2. Sonoma Clean Power (9/7)
Councilmember Belforte reported the meeting was cancelled.
3. Sonoma County Transportation Authority (SCTA) (9/11)
Mayor Mackenzie provided an update on the Climate Action 2020 lawsuit which
challenged the validity of the Environmental Impact Report (EIR). Judgment was in
favor of River Watch and the Regional Climate Protection Authority will settle.
Therefore other jurisdictions cannot use the information in that EIR for other projects.
Mayor Mackenzie also provided an update on the Marin-Sonoma Narrows Project.
C. Other Reports
1. Golden Gate Bridge District
Councilmember Belforte clarified the schedule changes for 72X and 72 and
announced that schedule is available via the Golden Gate Transit website.
2. Sonoma-Marin Area Rail Transit (SMART)
Mayor Mackenzie provided on update on the first week of operation.
City of Rohnert Park Joint Regular Meeting Minutes September 12, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5
10. COMMUNICATIONS
None.
11. MATTERS FROM/FOR COUNCIL
Mayor Mackenzie asked if another Councilmember would support the agendizing of a
resolution as requested in Item 6 Public Comment at the September 26, 2017 Council
meeting. Councilmember Belforte supported agendizing the resolution.
12. PUBLIC COMMENTS
None.
13. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 6:03 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
Item No. 6B1
Item No. 6B2
Item No. 6B3
Item No. 6B4
Item No. 6B5
ITEM NO. 6C1
1
Meeting Date: September 26, 2017
Department: Finance
Submitted By: Betsy Howze, Finance Director
Prepared By: Betsy Howze, Finance Director
Agenda Title: Fiscal Year 2016-17 Budget Amendments
RECOMMENDED ACTIONS:
Staff recommends that the City Council of the City of Rohnert Park authorize and approve the
Director of Finance to increase appropriations for FY 2016-17 within various accounts as
incorporated in Exhibit A.
BACKGROUND:
The City Council adopted the FY 2016-17 budget on June 14, 2016. As part of the mid-year
budget review process, departments were directed to review their budgets and were asked to
identify operational issues or changes that would impact the remainder of the fiscal year. The
proposed amendments were adopted by the City Council on March 18, 2017. Since then a few
other items have been identified as needing appropriations amendments in order to close the
fiscal year in accordance with generally accepted accounting principles and City policy.
A specific appropriation is an act by which a named sum of money is set apart in the treasury and
made available for the payment of particular claims or demands. The City may accomplish this
by adopting a budget or passing an appropriations ordinance or resolution. If a proposed
appropriation exceeds the amount estimated in the budget for such an expenditure, the City
Council should amend the budget to allow for such an appropriation, except where the legal
authority to make such amendments was delegated by the Council.
ANALYSIS:
Proposed budget appropriation amendments are recommended in two Special Revenue Funds
and one Enterprise Fund.
To summarize these appropriation requests of $777,500:
• $702,500 is for Special Revenue Funds that are restricted for specific purposes.
• $75,000 is for an Enterprise Fund, all of which is for booking depreciation, a non-cash
transactions.
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
2
We recommend the following changes to the FY 2016-17 Budget:
Senior Center Bingo Program Special Revenue Fund
• Appropriate $160,000 of unanticipated revenue and expenditure for the Senior
Center Bingo Program costs to record unanticipated revenue and recognize the
cost of paying out Bingo winnings. ($160,000).
UDSP Regional Traffic Fee Fund
• Appropriate $542,500 of unanticipated revenue and expenditure to pay Sonoma
County Transportation Authority. ($542,500). The City remits the Regional
Traffic Fee to the Sonoma County Transportation Authority (“SCTA”) in
accordance with the Environmental Impact Report for the University District
Specific Plan, which requires the mitigation of regional traffic impacts caused by
the development. A 2007 Agreement between the City and SCTA establishes that
the SCTA will use these fee proceeds to fund regional traffic improvement
projects, as approved by the City.
Golf Enterprise Fund
• Appropriate $75,000 from Golf Fund Retained Earnings to record depreciation
cost in accordance with GAAP. This is a non-cash transaction ($75,000).
These additional requested appropriations will not exceed the appropriations limit for the 2016-
17 fiscal year.
OPTIONS CONSIDERED:
Option 1: Recommended. Approve FY 2016-17 Mid-Year Budget Adjustments. Staff will be
able to appropriately record the use of dedicated funding sources and record depreciation
expense to close FY 16-17 in accordance with generally accepted accounting principles (GAAP)
and City policy.
Option 2: Not Recommended. Do not approve additional appropriations. City would not be able
to close FY 16-17 in compliance with generally accepted accounting principles (GAAP) and City
policy.
FISCAL IMPACT:
The proposed FY 2016-17 Budget Amendments are financed from:
1. Restricted Special Revenue Funds dedicated to a specific purpose; and,
2. The Golf Enterprise Fund (non-cash depreciation expense).
Department Head Approval Date: September 15, 2017
City Attorney Approval Date: N/A
City Manager Approval Date: September 18, 2017
Attachments (list in packet assembly order):
1. Resolution
2. Exhibit A – Proposed FY 2016-17 Budget Appropriation Amendments
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
RESOLUTION NO. 2017-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO
INCREASE APPROPRIATION FOR FY 2016-17 WITHIN VARIOUS ACCOUNTS AS
INCORPORATED IN EXHIBIT A
WHEREAS, the City Council of the City of Rohnert Park adopted the FY 2016-17
Budget on June 14, 2016; and,
WHEREAS, the City Council has the authority to amend the budget; and,
WHEREAS, the Finance Director has reviewed the City budgets as part of the fiscal year
end process to ensure compliance with generally accepted accounting principles (GAAP) and
City policy; and,
WHEREAS, during this review the Finance Director identified budget to actual overages
that need to be addressed; and,
WHEREAS, the City Manager has reviewed and recommended certain Special Revenue
and Enterprise Funds operational budget changes to be brought forward to the City Council for
consideration; and,
WHEREAS, appropriations would not exceed the appropriations limit for the 2016-17
fiscal year.
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 appropriations for FY 2016-17 within various accounts as
incorporated in Exhibit A.
BE IT FURTHER RESOLVED that the Director of Finance is authorized to make any
administrative adjustments necessary to close the FY 2016-17 in accordance with generally
accepted accounting principles.
DULY AND REGULARLY ADOPTED this 26th day of September 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
EXHIBIT A
Expenditure
Account Number
Funding Source
Account Number Amount
Senior Center Bingo Program Special Revenue Fund
Appropriate $160,000 of unanticipated revenue and
expenditure for the Senior Center Bingo Program costs to
record additional revenue and recognize the cost of paying out
Bingo winnings.
140-000-400-5210 140-000-300-3931 $160,000
UDSP Regional Traffic Fee Fund 152-0000-400-6350 152-0000-300-3234 $542,500
Appropriate $542,500 of unanticipated revenue and
expenditure to pay Sonoma County Transportation Authority
per 2007 agreement.
Golf Course Enterprise Fund
Appropriate $75,000 from Golf Fund Retained Earnings to
record depreciation costs in accordance with GAAP. This is a
non-cash transaction.
560-0000-400-6500 Golf Fund Retained
Earnings
$75,000
Total Appropriations Increase $777,500
General Funds $0
Proposed FY 2016-17 Budget Appropriation Amendments
ITEM NO. 6C2
[1
Meeting Date: September 26, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Consideration of a Cooperative Agreement with Sonoma County Water
Agency for Funding the Design of the Copeland Creek Regional Detention
Basin and Related Actions
RECOMMENDED ACTION: Approve a Resolution authorizing the City Manager to execute
a cooperative agreement with Sonoma County Water Agency to fund the design of the Copeland
Creek Regional Detention Basin and GHD Task Order 2017-08 for design services and related
actions.
BACKGROUND: The approved Specific Plan for the University District has always
envisioned a regional stormwater detention basin on Copeland Creek that would protect the
project from the 100-year flood and provide ancillary benefits to the City as a whole. In 2010,
the City partnered with the Sonoma County Water Agency (Agency) to secure a Department of
Water Resources Grant to fund technical studies and design work in support of a multi-benefit
basin on Copeland Creek.
The Agency, which is the recipient of the grant, has completed the Basis of Design Report for
the detention basin. That report was completed by GHD Inc., who was selected through a
qualifications-based selection process administered by the Agency. The remaining tasks under
the grant include: initiating review under the California Environmental Quality Act (CEQA);
completing a survey of the site; and developing the design from the 30% Basis of Design Report
to 90% construction documents. The Agency has requested that the City complete these
remaining tasks and the proposed cooperative agreement will assign the remaining grant funding
to the City. Completing the work in a timely fashion is necessary to ensure the grant that the
Agency has received and to maintain our region’s reputation for quality performance on work
funded by state grants.
Staff is requesting that the City Council:
• Authorize the City Manager to execute a cooperative agreement with the Agency that
will allow the City to complete the remaining grant-funded tasks and receive funding
from the grant;
• Authorize the City Manager to execute a Task Order with GHD Inc., to complete the
design work to a 90% level; and
• Authorize amendments to the approved 2017-18 Capital Improvement Program budget to
allow work on the project to begin this fiscal year.
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
ANALYSIS: The proposed Copeland Creek detention basin is located on a portion of a 128-acre
piece of property located east of Petaluma Hill Road, commonly known as Anderson 53 (see
Attachment 1). Brookfield Homes dedicated the property to the City in 2016 and the City is
currently developing a water tank and trail to Crane Creek Regional Park on the site. Because,
the proposed detention basin is necessary for the buildout of the University District Specific Plan
and provides benefits to existing development in Rohnert Park by detaining peak flows on
Copeland Creek, the basin has been included in the City’s long-term capital improvement
program (CIP) as Project 2006-04. The City’s 2017-18 CIP envisioned that the City’s work on
the basin would begin in Fiscal Year 2018-19. The Agency’s request will require that the City
accelerate its planned activities by about 9 months. Staff believes that this is a manageable
adjustment to its planned workload, particularly because current work on the water tank and the
trail can be leveraged for the benefit of the detention basin project.
The City owns the site on which the detention basin will be located and is the lead agency under
CEQA for all programmatic environmental work for the University District Specific Plan.
Because of this, the City is the logical lead agency for the detention basin environmental work.
In addition, because of its work on the water tank and trail project, the City has developed a fair
amount of biological, cultural resources, survey and geotechnical data that will benefit the 90%
design of the detention basin. Finally, because the proposed detention basin will ultimately
benefit general plan build-out in the City, it is desirable for the City to lead the design process
rather than attempt to influence a design effort led by another agency.
The cooperative agreement proposes to assign the remaining $250,000 of the Agency’s grant to
the City. Staff has secured a proposal from GHD Inc. to bring the project to 90% completion for
a cost of $295,600. Staff anticipates that the environmental and project management work will
bring the total project cost to $400,000. As noted earlier, the detention basin is needed for build-
out of the University District and Section 4.14.C of the Development Agreement (DA) for the
University District requires the developer to contribute up to $2.47 million for the construction
of the basin. The DA acknowledges that this funding contribution will be credited against Public
Facilities Fees due from the Developer. Because of this, staff has requested and the developer
has agreed to fund the $150,000 portion of the costs not covered by the grant.
Because work on the detention basin is currently budgeted in Fiscal Year 2018-19, staff is
requesting a budget amendment to allow work to begin in this fiscal year and is requesting that
the Finance Director be given authority to adjust appropriations, as necessary, to recognize
revenue from the grant and developer contributions.
STRATEGIC PLAN ALIGNMENT: The proposed action demonstrates City leadership on a
regionally important project and is consistent with Strategic Plan Goal A – Practice
Participative Leadership at all Levels. The action will also advance an infrastructure
improvement that benefits existing and new development in the City, which is consistent with
Strategic Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. Recommended Option: Authorize the City Manager to execute the cooperative agreement
with the Agency, the Task Order with GHD and related budget actions. Staff
recommends this course of action because it advances a regionally important
infrastructure improvement, supports the Sonoma County Water Agency’s performance
on a regionally important state grant and provides the City with control of a project that
will have long term benefits for our community. The combination of the state grant and
ITEM NO. 6C2
[3
the requirements of the University District Development Agreement, means this action
will not have a direct impact on existing City funds.
2. Alternative: Staff also considered not recommending the cooperative agreement, because
the agreement will require the City to undertake some work on the detention basin earlier
than staff has planned. This option is not recommended. Beginning work on the detention
basin at this time, with grant funding, provides an important opportunity to advance a
planned capital project in a cooperative fashion with the Agency. Because staff is already
managing two capital projects (the water tank and the trail) on the same site, the
concurrent work provides a good opportunity to enhance coordination and minimize
conflicts between the multiple projects taking place on the site.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is
$400,000. The funding for the work will come from the Cooperative Agreement ($250,000) and
from prepayment of Public Facilities Fees ($150,000) by the University District Developer.
Department Head Approval Date: 09/13/2017
Finance Director Approval Date: 09/15/2017
City Attorney Approval Date: 09/14/2017
City Manager Approval Date: 09/18/2017
Attachments (list in packet assembly order):
1. Site Map
2. A Resolution of the City Council of the City of Rohnert Park Authorizing the City
Manager to Execute a Cooperative Agreement with Sonoma County Water Agency to
Fund the Design of the Copeland Creek Regional Detention Basin and GHD Task
Order 2017-08 for Design Services and Related Actions
3. Resolution Exhibit A – Cooperative Funding Agreement
4. Resolution Exhibit B – GHD Task Order 2017-08
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1
RESOLUTION NO. 2017-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT WITH SONOMA COUNTY WATER AGENCY TO FUND THE DESIGN
OF THE COPELAND CREEK REGIONAL DETENTION BASIN AND GHD TASK
ORDER 2017-08 FOR DESIGN SERVICES AND RELATED ACTIONS
WHEREAS, the Copeland Creek Regional Detention Basin is necessary to provide flood
protection benefits for the City, including the University District Specific Plan; and
WHEREAS, the Copeland Creek Regional Detention Basin has been included in the
City’s long-term capital improvement program and Public Facilities Plan since 2006; and
WHEREAS, the City partnered with the Sonoma County Water Agency (Water Agency)
to secure a grant to fund predesign, design and environmental review activities under the a Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond
Act of 2006, administered by the State of California, Department of Water Resources (the
Grant); and
WHEREAS, the Water Agency, through a qualifications-based selection process,
retained GHD Inc. to perform predesign and design services from the grant-funded work; and
WHEREAS, GHD Inc. has also presented statements of qualifications to the City and
holds a Master Services Agreement with the City; and
WHEREAS, the Water Agency and GHD Inc., have completed the Basis of Design
Report for the grant-funded work; and
WHEREAS, the Water Agency has requested that the City enter into a Funding
Agreement to develop the ninety-percent design and initial environmental review work included
in the grant contract; and
WHEREAS, the City is the owner of the site on which the Copeland Creek Regional
Detention Basin will be located and the lead agency under the California Environmental Quality
Act for all analysis related to the University District Specific Plan and is best positioned to
complete the remaining work included in the grant contract; and
WHEREAS, the Funding Agreement will provide $250,000 toward the work through the
grant contract and the University District developer has agreed, in accordance with the terms of
its Development Agreement, to provide an additional $150,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a Funding Agreement for the Design of the
Copeland Creek Detention Basin by and between the Sonoma County Water Agency, a body
corporate and politic of the State of California and the City of Rohnert Park.
( 2 )
2017-115
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this Funding Agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute GHD Task Order 2017-08 to accomplish the ninety percent design work contemplated
by the Funding Agreement, in substantially similar form to the Task Order attached hereto as
Exhibit “B,” subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and
directed amend the Fiscal Year 2017-18 Capital Improvement Plan to include Project 2006-04
the Copeland Creek Detention Basin and Refugia with a budget of $400,000 and to make
appropriations a necessary to accept funding from the Water Agency under the Funding
Agreement and from the University District developer under the Development Agreement.
DULY AND REGULARLY ADOPTED this 26th day of September, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit A and B
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 1
Funding Agreement for Design of Copeland Creek Detention Basin
Project
This agreement (“Agreement”) is by and between Sonoma County Water Agency, a body
corporate and politic of the State of California (“Water Agency”), and City of Rohnert Park
(“City”). The Effective Date of this Agreement is the date the Agreement is last signed by the
parties to the Agreement, unless otherwise specified in Article 5 (Term of Agreement).
RECITALS
A. The Water Agency, in cooperation with the City, has completed a preliminary design for a
stormwater detention basin within the Copeland Creek watershed, east of Petaluma Hill
Road, with funding from a Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, administered by the State of California,
Department of Water Resources (the “Grant”). The preliminary design is described in a
Basis of Design Report, dated April, 2017
B. Under this Agreement, City will receive partial funding for the Copeland Creek Detention
Basin Project (“Project”) in an amount not to exceed $250,000. City will prepare the
detailed Project design to a 90% stage and prepare appropriate environmental
documentation required for the Project under the California Environmental Quality Act
(“CEQA”).
C. A certified CEQA EIR exists for the proposed project site location, however additional
documentation and environmental regulatory compliance will be required to address the
proposed detention basin design. The EIR was certified by the City of Rohnert Park on May
23, 2006 with addenda approved on April 8, 2014 and November 8, 2016.
D. The Project is proposed to be located on a portion of a 128 acre site which was transferred
from University District LLC to the City of Rohnert Park in late 2016, illustrated in Exhibit A,
for the purpose of constructing a stormwater detention basin and other public benefit
facilities.
In consideration of the foregoing recitals and the mutual covenants contained herein, the
parties hereto agree as follows:
AGREEMENT
1. RECITALS
1.1. The above recitals are true and correct.
2. LIST OF EXHIBITS
2.1. The following exhibits are attached hereto and incorporated herein:
a. Exhibit A: Project Site
b. Exhibit B: Scope of Work
c. Exhibit C: Submittals/Schedule
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 2
d. Exhibit D: Standard Conditions from Grant Agreement No. 4600009714
e. Exhibit E: Insurance Requirements
3. WATER AGENCY’S RESPONSIBILITIES
3.1. Water Agency will perform or cause to be performed all project work as
described in the Work Plan of DWR Grant Agreement No. 4600009714, and
comply with the Standard Terms included in Exhibit D of this Agreement.
4. CITY’S RESPONSIBILITES
4.1. Scope of Work: City shall contract with qualified consultants to perform the
services, and shall manage the performance of these consultants. City shall
submit the documents outlined in Exhibit B (Scope of Work) within the
times or by the dates provided for in Exhibit B (Schedule and Submittals). In
the event of a conflict between the body of this Agreement and Exhibit B,
the provisions in the body of this Agreement shall control.
4.2. State or Grant Funding: City is informed and aware that this Agreement is
funded by a grant from the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006, administered
by the State of California, Department of Water Resources (award number
4600009714), which grant is conditioned upon various terms that apply to
City. City has reviewed the grant award documents attached hereto as
Exhibit D and hereby agrees to comply with them to the extent they apply to
a subrecipient.
4.3. Refunds: If Water Agency is required to refund to DWR any funds paid to
City due to non-compliance with terms of this agreement by City, City shall
refund to Water Agency such amount required to be paid by Water Agency
in connection with such refund.
4.4. Cooperation with Water Agency: City shall cooperate with Water Agency in
the performance of all work hereunder. City shall coordinate the work with
Water Agency’s Project Manager. Contact information and mailing
addresses:
Water Agency City
Project Manager: Kent Gylfe Contact: Mary Grace Pawson
Development Services Manager
404 Aviation Boulevard 130 Avram Avenue
Santa Rosa, CA 95403-9019 Rohnert Park, CA 94928
Phone: (707) 588-2234
Grant Manager: Joan Hultberg Email: mpawson@rpcity.org
Phone: 707-547-1902 Contact: Mary Grace Pawson
Email: Joan.Hultberg@scwa.ca.gov
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 3
Water Agency City
404 Aviation Boulevard
Santa Rosa, CA 95403-9019
Remit invoices to: Remit payments to:
Susan Bookmyer Same address as above
Same address as above or
Email: susan.bookmyer@scwa.ca.gov
5. PAYMENT
5.1. Total Amount to be Funded: Total amount payable by Water Agency under
this Agreement shall not exceed $250,000.
a. Project design and survey tasks shall not exceed $150,000.
b. CEQA documentation tasks shall not exceed $100,000.
5.2. Method of Payment: City shall be paid in accordance with the following terms:
a. City shall be paid in accordance with Exhibit F (Schedule of Costs). Billed
hourly rates shall include all costs for overhead and any other charges, other
than expenses specifically identified in Exhibit F. Expenses not expressly
authorized by the Agreement shall not be reimbursed.
5.3. Invoices: City shall submit its bills in arrears on a monthly basis, based on
work completed for the period, in a form approved by Water Agency. The
bills shall show or include:
a. City name
b. Name of Agreement
c. Water Agency’s Project-Activity Code: F0143C001
d. Task performed with an itemized description of services rendered by date
e. Summary of work performed by subconsultants
f. Time in quarter hours devoted to the task
g. Hourly rate or rates of the persons performing the task
h. List of reimbursable materials and expenses
i. Copies of receipts for reimbursable materials and expenses
5.4. Monthly Reports with Invoices: Payment of invoices is subject to receipt of
the monthly reports required under Task 2.3 of Exhibit B. Reporting for
each month shall be provided to Water Agency on or before the 5th day of
the following month.
5.5. Excess Costs: If the Project costs exceed the total amount authorized under
this Agreement, City shall fund Project costs in excess of the authorized
amounts without additional contribution from Water Agency.
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 4
6. TERM OF AGREEMENT
6.1. The term of this Agreement shall be from April 1, 2017 (“Effective Date”) to
April 1, 2018 unless terminated earlier in accordance with the provisions of
Article 6 (Termination).
7. TERMINATION
7.1. Authority to Terminate: Should City fail to perform any of its obligations
hereunder, within the time and in the manner herein provided, or otherwise
violate any of the terms of this Agreement, Water Agency may immediately
terminate this Agreement by giving City written notice of such termination,
stating the reason for termination. In the event of such termination, Water
Agency will pay City for services satisfactorily rendered to the date of
termination. However, Water Agency will deduct from such amount the
amount of damage, if any, sustained by Water Agency by virtue of the
breach of the Agreement by City. Water Agency’s right to terminate may be
exercised by Sonoma County Water Agency’s General Manager.
7.2. Delivery of Work Product and Final Payment Upon Termination: In the event
of termination, City, within 14 days following the date of termination, shall
deliver to Water Agency all reports, original drawings, graphics, plans,
studies, and other data or documents, in whatever form or format,
assembled or prepared by City or City’s subcontractors, consultants, and
other agents in connection with this Agreement and shall submit to Water
Agency an invoice showing the services performed, hours worked, and
copies of receipts for reimbursable expenses up to the date of termination.
7.3. Change in Funding: City understands and agrees that Water Agency shall
have the right to terminate this Agreement immediately upon written notice
to City in the event that (1) any state or federal agency or other funder
reduces, withholds or terminates funding which the Water Agency
anticipated using to pay City for services provided under this Agreement or
(2) Water Agency has exhausted all funds legally available for payments due
under this Agreement.
8. MUTUAL INDEMNIFICATION
8.1. Each party shall indemnify, defend, protect, hold harmless, and release the
other, its officers, agents, and employees, from and against any and all
claims, loss, proceedings, damages, causes of action, liability, costs, or
expense (including attorneys’ fees and witness costs) arising from or in
connection with, or caused by any act, omission, or negligence of such
indemnifying party or its agents, employees, contractors, subcontractors, or
invitees. This indemnification obligation shall not be limited in any way by
any limitation on the amount or type of damages or compensation payable
to or for the indemnifying party or its agents, employees, contractors,
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 5
subcontractors, or invitees under workers’ compensation acts, disability
benefit acts, or other employee benefit acts.
8.2. Indemnification Obligation of City’s Consultants and Contractors:
a. City shall include the following language in its Consultant and Contractor
agreements:
Consultant/Contractor agrees to accept all responsibility for loss or damage
to any person or entity, including Sonoma County Water Agency and the
State of California, and to indemnify, hold harmless, and release Sonoma
County Water Agency and the State of California, their officers, agents, and
employees, from and against any actions, claims, damages, liabilities,
disabilities, or expenses, that may be asserted by any person or entity,
including Consultant/ Contractor, that arise out of, pertain to, or relate to
Consultant’s/ Contractor’s or its agents’, employees’, contractors’,
subcontractors’, or invitees’ performance or obligations under this
Agreement. Consultant/Contractor agrees to provide a complete defense for
any claim or action brought against Sonoma County Water Agency and the
State of California based upon a claim relating to Consultant’s/Contractor’s
or its agents’, employees’, contractors’, subcontractors’, or invitees’
performance or obligations under this Agreement. Consultant’s/Contractor’s
obligations under this Paragraph apply whether or not there is concurrent or
contributory negligence on the part of Sonoma County Water Agency or the
State of California, but, to the extent required by law, excluding liability due
to conduct of Sonoma County Water Agency or the State of California.
Sonoma County Water Agency or the State of California shall have the right
to select its legal counsel at Consultant’s/Contractor’s expense, subject to
Consultant’s/Contractor’s approval, which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to or
for Consultant/Contractor or its agents under workers' compensation acts,
disability benefits acts, or other employee benefit acts. This indemnity
provision survives the Agreement.
For design professionals (as that term is defined by statute) acting within the
scope of their professional capacity, to the fullest extent permitted by law,
Consultant shall, at its own expense indemnify, protect, defend, and hold
harmless Sonoma County Water Agency and the State of California from and
against any and all Liability, whether actual, alleged or threatened, which
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, or as may be provided by statute in Civil Code
Section 2782.8, as may be amended from time to time.
9. INSURANCE
9.1. With respect to performance of work under this Agreement, City shall
maintain and shall require all of its subcontractors, consultants, and other
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 6
agents to maintain, insurance as described in Exhibit E (Insurance
Requirements). City shall name the Sonoma County Water Agency and the
State of California, their officers, agents, and employees, as additional
insureds on their liability insurance for activities undertaken pursuant to this
Agreement.
10. AUTHORITY TO AMEND AGREEMENT
10.1. Changes to the Agreement may be authorized only by written amendment
to this Agreement, signed by both parties. Changes to lengthen time
schedules or make minor modifications to the scope of work, which do not
increase the amount paid under the Agreement, may be executed by the
Water Agency's General Manager in a form approved by County Counsel.
11. RECORDS
Records Maintenance: City shall keep and maintain full and complete
documentation and accounting records of all transactions in compliance with
generally accepted accounting principles for enterprise accounting as promulgated
by the American Institute of Certified Public Accountants and the Governmental
Accounting Standards Board and shall make such documents and records available
to Water Agency and State of California for inspection at any reasonable time.
City and its contractor or subcontractor shall maintain such records for a period of
four (4) years following completion of work hereunder, or final billing, whichever
comes later.
12. INSPECTION
12.1. Inspection: Water Agency and State shall have the right to inspect the work
being performed at any and all reasonable times, providing a minimum of
24-hour notice, during the term of this agreement. City acknowledges that
Project documents may be subject to the Public Records Act (California
Government Code Section 6250 et. seq.). Water Agency and State shall have
the right to inspect these documents at any and all reasonable times after
completion of the Project to ensure compliance with the terms and
conditions of this Agreement. During regular office hours, Water Agency and
State shall have the right to inspect and to make copies of any books,
records, or reports of the City relating to the Grant Agreement. City shall
maintain and shall make available at all times for such inspection accurate
records of its costs, disbursements, and receipts with respect to its activities
under this Agreement. Failure or refusal by City to comply with this
provision shall be considered a breach of this Agreement, and Water Agency
may withhold disbursements to City or take any other action it deems
necessary to protect its interests.
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 7
13. REPRESENTATIONS OF CITY
13.1. Statutory Compliance: City agrees to comply, and to ensure compliance by
its subconsultants or subcontractors, with all applicable federal, state and
local laws, regulations, statutes and policies. Noncompliance during the
term of the Agreement will be considered a material breach and may result
in termination of the Agreement or pursuit of other legal or administrative
remedies.
13.2. Permits, Licenses, Approvals, And Legal Obligations: City shall be
responsible for obtaining any and all permits, licenses, and approvals
required for performing its obligations under this Agreement. City shall
comply with the California Environmental Quality Act (PRC Section 21000 et
seq.) and other applicable federal, State, and local laws, rules, and
regulations, guidelines, and requirements prior to disbursement of funds
under this Agreement. Without limiting the foregoing, City shall keep
informed of and take all measures necessary to ensure compliance with
California Labor Code requirements, including but not limited to Section
1720 et seq. of the California Labor Code regarding public works, limitations
on use of volunteer labor (California Labor Code Section 1720.4), labor
compliance programs (California Labor Code Section 1771.5), and payment
of prevailing wages for work done under this Funding Agreement. Pursuant
to the provisions of Proposition 84, the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
Cal. Pub. Res. Code § 75076 et seq., the City must have a labor compliance
program that meets the requirements of California Labor Code Section
1771.5.
13.3. Workers’ Compensation: City affirms that it is aware of the provisions of
§3700 of the Labor Code, which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and City affirms that it will
comply with such provisions before commencing the performance of the
work under this Agreement and will make its contractors and
subcontractors aware of this provision.
13.4. Nondiscrimination: During the performance of this Agreement, City and its
contractors or subcontractors shall not unlawfully discriminate, harass, or
allow harassment against any employee or applicant for employment
because of sex (gender), sexual orientation, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy,
physical disability (including HIV and AIDS), mental disability, medical
condition (cancer/genetic characteristics), age (over 40), marital status, and
denial of medial and family care leave or pregnancy disability leave. City and
its contractors or subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 8
such discrimination and harassment. City and its contractors or
subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code §12990 (a-f) et seq.) and the applicable
regulations promulgated there under (California Code of Regulations, Title 2,
§7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code §12990 (a-f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if
set forth in full. City and its contractors or subcontractors shall give written
notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement. City shall include
the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under the Agreement.
13.5. Drug-Free Workplace Certification (Certification of Compliance): By signing this
Agreement, City, its contractors or subcontractors hereby certify, under penalty
of perjury under the laws of State of California, compliance with the
requirements of the Drug-Free Workplace Act of 1990 (Government Code §8350
et seq.) and have or will provide a drug-free workplace by taking the following
actions:
a. Publish a statement notifying employees, contractors, and subcontractors
that unlawful manufacture, distribution, dispensation, possession, or use of a
controlled substance is prohibited and specifying actions to be taken against
employees, contractors, or subcontractors for violations, as required by
Government Code section 8355(a)(1).
b. Establish a Drug-Free Awareness Program, as required by Government Code
section 8355(a)(2) to inform employees, contractors, or subcontractors
about all of the following:
i. The dangers of drug abuse in the workplace,
ii. City’s policy of maintaining a drug-free workplace,
iii. Any available counseling, rehabilitation, and employee assistance
programs, and
iv. Penalties that may be imposed upon employees, contractors, and
subcontractors for drug abuse violations.
c. Provide, as required by Government Code section 8355(a)(3), that every
employee, contractor, and/or subcontractor who works under this
Agreement:
i. Will receive a copy of City’s drug-free policy statement, and
ii. Will agree to abide by terms of City’s condition of employment, contract
or subcontract.
13.6. Operation and Maintenance: City shall accept ownership and shall operate
and maintain Project in perpetuity.
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 9
14. PREVAILING WAGES
14.1. General: City shall pay to any worker on the job for whom prevailing wages
have been established an amount equal to or more than the general
prevailing rate of per diem wages for (1) work of a similar character in the
locality in which the work is performed and (2) legal holiday and overtime
work in said locality. The per diem wages shall be an amount equal to or
more than the stipulated rates contained in a schedule that has been
ascertained and determined by the Director of the State Department of
Industrial Relations and Water Agency to be the general prevailing rate of
per diem wages for each craft or type of workman or mechanic needed to
execute this Agreement. City shall also cause a copy of this determination
of the prevailing rate of per diem wages to be posted at each site work is
being performed, in addition to all other job site notices prescribed by
regulation. Copies of the prevailing wage rate of per diem wages are on file
at Water Agency and will be made available to any person upon request.
14.2. Subcontracts: City shall insert in every subcontract or other arrangement
which City may make for performance of such work or labor on work
provided for in the Agreement, provision that Subcontractor shall pay
persons performing labor or rendering service under subcontract or other
arrangement not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the work is performed,
and not less than the general prevailing rate of per diem wages for holiday
and overtime work fixed in the Labor Code. Pursuant to Labor Code section
1775(b)(1), City shall provide to each Subcontractor a copy of sections 1771,
1775, 1776, 1777.5, 1813, and 1815 of the Labor Code.
14.3. Compliance Monitoring and Registration: This project is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations. City shall furnish and shall require all subcontractors to furnish
the records specified in Labor Code section 1776 (e.g. electronic certified
payroll records) directly to the Labor Commissioner in a format prescribed
by the Labor Commissioner at least monthly (Labor Code 1771.4 (a)(3)). City
and all subcontractors performing work that requires payment of prevailing
wages shall be registered and qualified to perform public work pursuant to
Labor Code section 1725.5 as a condition to engage in the performance of
any services under this Agreement.
14.4. Compliance with Law: In addition to the above, City stipulates that it shall
comply with all applicable wage and hour laws, including without limitation
Labor Code sections 1725.5, 1775, 1776, 1777.5, 1813, and 1815 and
California Code of Regulations, Title 8, section 16000, et seq.
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 10
15. MISCELLANEOUS PROVISIONS
15.1. No Waiver of Breach: The waiver by Water Agency of any breach of any
term or promise contained in this Agreement shall not be deemed to be a
waiver of such term or promise or any subsequent breach of the same or
any other term or promise contained in this Agreement.
15.2. Construction: To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in a manner that avoids any
violation of statute, ordinance, regulation, or law. The parties covenant and
agree that in the event that any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby. City and
Water Agency acknowledge that they have each contributed to the making
of this Agreement and that, in the event of a dispute over the interpretation
of this Agreement, the language of the Agreement will not be construed
against one party in favor of the other. City and Water Agency acknowledge
that they have each had an adequate opportunity to consult with counsel in
the negotiation and preparation of this Agreement.
15.3. Consent: Wherever in this Agreement the consent or approval of one party
is required to an act of the other party, such consent or approval shall not
be unreasonably withheld or delayed.
15.4. No Third-Party Beneficiaries: Except as provided in Article 7
(Indemnification), nothing contained in this Agreement shall be construed
to create and the parties do not intend to create any rights in third parties.
15.5. Applicable Law and Forum: This Agreement shall be construed and
interpreted according to the substantive law of California, regardless of the
law of conflicts to the contrary in any jurisdiction. Any action to enforce the
terms of this Agreement or for the breach thereof shall be brought and tried
in Santa Rosa or in the forum nearest to the city of Santa Rosa, in the
County of Sonoma.
15.6. Captions: The captions in this Agreement are solely for convenience of
reference. They are not a part of this Agreement and shall have no effect on
its construction or interpretation.
15.7. Merger: This writing is intended both as the final expression of the
Agreement between the parties hereto with respect to the included terms
and as a complete and exclusive statement of the terms of the Agreement,
pursuant to Code of Civil Procedure section 1856. Each Party acknowledges
that, in entering into this Agreement, it has not relied on any representation
or undertaking, whether oral or in writing, other than those which are
expressly set forth in this Agreement. No modification of this Agreement
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 11
shall be effective unless and until such modification is evidenced by a
writing signed by both parties.
15.8. Survival of Terms: All express representations, waivers, indemnifications,
and limitations of liability included in this Agreement will survive its
completion or termination for any reason.
15.9. Time of Essence: Time is and shall be of the essence of this Agreement and
every provision hereof.
Signatures on Next Page
EXHIBIT A TO RESOLUTION
Funding Agreement for Design of Copeland Creek Detention Basin Project 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last
signed by the parties to the Agreement.
TW 16/17-065
Reviewed as to funds:
By:
Water Agency Division Manager -
Administrative Services
Approved as to form: Approved as to form:
By:
By:
Adam Brand, Deputy County Counsel Michelle Marchetta Kenyon, City
Attorney
Insurance Documentation is on file with
Water Agency
Date/TW Initials:
Sonoma County Water Agency City of Rohnert Park
By:
By:
Michael Thompson
Water Agency Interim General Manager
Authorized per Water Agency’s Board of
Directors Action on April 25, 2017
Jake Mackenzie, Mayor
Date: Date:
Attest:
By:
JoAnne Buergler, City Clerk
Funding Agreement for Design of Copeland Creek Detention Basin Project A-1
Exhibit A
Funding Agreement for Design of Copeland Creek Detention Basin Project B-1
Exhibit B
Scope of Work
1. COMMENCEMENT OF WORK
1.1. City is authorized to proceed immediately with the performance of this
Agreement upon the Effective Date of this Agreement.
2. GENERAL: DESIGN FOR STORMWATER DETENTION BASIN/GROUNDWATER
RECHARGE FACILITY
2.1. Complete the 90% design and advance the environmental review for a
stormwater detention basin to be located in the alluvial fan east of Petaluma Hill
Road in accordance with Basis of Design Report for the Project.
2.2. Invite Water Agency engineering and environmental staff to key design
review meetings at 60 and 90 percent design milestones. Provide Water
Agency an electronic copy of relevant design documents and provide
minutes of design review milestone meetings.
2.3. Submit monthly reports with each invoice according to the content and
format requirements outlined in the grant conditions described in Exhibit D.
3. CEQA DEVELOPMENT – STORMWATER DETENTION/BASIN
3.1. Environmental Review Documentation: Act as Lead Agency for the Project under
the requirements of the California Environmental Quality Act (CEQA) and
prepare appropriate environmental documents.
a. Submit list of existing environmental documents pertinent to the site
including an annotated list of current studies underway and other needed
information required to comply with CEQA.
b. Conduct public outreach. Consult with affected property owners,
stakeholders and regulatory agencies. Submit summary of consultations
and outreach.
4. SURVEY:
4.1. Survey: Conduct a land survey of proposed site locations to collect topographic
data for design of the stormwater detention basin design. Rights-of-Way: City
has sole responsibility for acquiring any and all property rights as necessary for
the Project.
Funding Agreement for Design of Copeland Creek Detention Basin Project B-2
5. DESIGN
5.1. Design:
a. Prepare Project design, as recommended in the Basis of Design Report, to a
ninety percent (90%) level. City and Water Agency acknowledge that 90%
documents are not suitable for project construction but can support project
permitting. City and Water Agency acknowledge that 90% design documents
include plans, specifications and a cost estimate.
b. Identify and perform sufficient site investigation(s) for purpose of developing
Project design.
c. Prepare a detailed construction cost estimate for the Project broken down by
bid item.
5.2. Design Stages and Meetings:
a. Arrange, attend, prepare agendas for, and conduct meetings at each design
stage.
b. At meetings, discuss the progress and direction of the design. Advise Water
Agency in writing how Water Agency comments impact Project scheduling
and cost.
Prepare meeting minutes for each meeting.
Funding Agreement for Design of Copeland Creek Detention Basin Project C-1
Exhibit C
Schedule and Submittals
1. GENERAL
1.1. Unless otherwise noted below, submit one electronic copy in PDF format
(emailed or on CD) and three hard copies of each final submittal to Water
Agency.
2. SCHEDULE AND SUBMITTALS
MILESTONE DOCUMENTS TO BE SUBMITTED DATE or CALENDAR DAYS
Kick-off Meeting
Submittal
• Email invite with 1 electronic copy of Kick-off
meeting agenda
• Meeting Minutes (within 10 days of mtg date)
September 27, 2017
60% Design Review
Meeting
• Email invite with 1 electronic copy of meeting
agenda and relevant materials
• Meeting Minutes (within 10 days of meeting
date)
November 30, 2017
90% Design Review
Meeting
• - Email invite with 1 electronic copy of
meeting agenda and relevant materials
• Meeting Minutes (within 10 days of meeting
date)
February 1, 2018
90% Design
Submittal
• one electronic copy and three hard copies of
drawings and specifications
• one electronic copy and three hard copies
of engineer’s Construction Cost Estimate
• one electronic copy and three hard copies of
any additional technical studies (such as
biological resources or geotechnical studies)
February 28, 2018
(other
deliverables)
Land Survey January 31, 2018
Summary report of Calculations, costs February 28, 2018
Agreements with subconsultants, if any 30 Days after Execution
CEQA documentation February 10, 2018
Report with invoices Monthly; before the 5th
of each month
Funding Agreement for Design of Copeland Creek Detention Basin Project D-1
Exhibit D
Grant Documents
Funding Agreement for Design of Copeland Creek Detention Basin Project E-1
Exhibit E
Insurance Requirements
1. SECTION I – INSURANCE TO BE MAINTAINED BY CITY OF ROHNERT PARK
City of Rohnert Park shall maintain self-insurance and/or pooled coverage (Coverage”)
through the California Joint Powers Risk Management Authority as described below
unless such insurance has been expressly waived by the attachment of a Waiver of
Insurance Requirements. The insurance shall be maintained for the entire term of this
Agreement and any extensions thereof.
Water Agency reserves the right to review any and all of the required insurance policies
and/or endorsements, but has no obligation to do so. Water Agency’s failure to
demand evidence of full compliance with the insurance requirements set forth in this
Agreement or Water Agency’s failure to identify any insurance deficiency shall not
relieve City of Rohnert Park from, nor be construed or deemed a waiver of, its obligation
to maintain the required insurance at all times during the performance of this
Agreement.
1.1. Workers Compensation and Employers Liability Insurance
a. Required if City of Rohnert Park has employees as defined by the Labor Code
of the State of California.
b. Workers Compensation insurance with statutory limits as required by the
Labor Code of the State of California.
c. Employers’ Liability with minimum limits of $1,000,000 per Accident;
$1,000,000 Disease per employee; $1,000,000 Disease per policy.
d. Required Evidence of Insurance: Certificate of Insurance
e. If City of Rohnert Park currently has no employees as defined by the Labor
Code of the State of California, City of Rohnert Park agrees to obtain the
above-specified Workers’ Compensation and Employers’ Liability insurance
should employees be engaged during the term of this Agreement or any
extensions of the term.
1.2. General Liability Insurance
a. General Liability Insurance on an occurrence form.
b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products/Completed Operations Aggregate. If City of Rohnert
Park maintains higher limits than the specified minimum limits, Water
Agency requires and shall be entitled to coverage for the higher limits
maintained by City of Rohnert Park.
c. Any deductible or self-insured retention shall be shown on the Certificate of
Insurance. If the deductible or self-insured retention exceeds $25,000 it
Funding Agreement for Design of Copeland Creek Detention Basin Project E-2
must be approved in advance by Water Agency. City of Rohnert Park is
responsible for any deductible or self-insured retention and shall fund it
upon Water Agency’s written request, regardless of whether City of Rohnert
Park has a claim against the insurance or is named as a party in any action
involving the Water Agency.
d. Sonoma County Water Agency, the State of California, their officers, agents,
and employees, shall be endorsed as additional covered parties for liability
arising out of City of Rohnert Park’s ongoing operations. (
e. The insurance provided to the additional insureds shall be primary to, and
non-contributory with, any insurance or self-insurance program maintained
by them for claims or losses resulting from liability of the City.
f. The policy definition of “insured contract” shall include assumptions of
liability arising out of both ongoing operations and the products-completed
operations hazard.
g. The policy shall cover inter-insured suits between Water Agency and City of
Rohnert Park and include a “separation of insureds” or “severability” clause
which treats each insured separately.
h. Required Evidence of Insurance:
i. Copy of the additional insured endorsement or policy language granting
additional insured status;
ii. Copy endorsement of policy language indicating primary & non-
contributory coverage as required by Sec. 1.2.e. above; and
iii. Certificate of Coverage/Self Insurance.
1.3. Automobile Liability Insurance
a. Minimum Limit: $1,000,000 combined single limit per accident.
b. Insurance shall cover all owned, hired and non-owned vehicles.
c. Required Evidence of Insurance: Certificate of Coverage/Self-Insurance.
1.4. Documentation
a. City of Rohnert Park shall submit required documentation of Coverage/Self-
Insurance prior to the execution of this Agreement. City of Rohnert Park
agrees to maintain current Evidence of Insurance on file with Water Agency
for the required period of insurance.
b. The name and address for mailing the required documentation is: Sonoma
County Water Agency, 404 Aviation Boulevard, Santa Rosa, CA 95403-9019.
c. Required Evidence of Coverage/Self-Insurance shall be submitted for any
renewal or replacement of a policy that already exists, at least ten (10) days
before expiration or other termination of the existing policy.
d. City of Rohnert Park shall provide immediate written notice if: (1) any of the
required insurance policies are terminated; (2) the limits of any of the
required policies are reduced; or (3) the deductible or self-insured retention
is increased.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-3
e. Upon written request, certified copies of required insurance policies must be
provided within thirty (30) days.
1.5. Policy Obligations
a. City of Rohnert Park’s indemnity and other obligations shall not be limited by
the foregoing insurance requirements.
2. SECTION II – INSURANCE TO BE MAINTAINED BY CITY OF ROHNERT PARK’S
CONTRACTORS AND/OR CONSULTANTS
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no
event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million
Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned
auto endorsement to the general liability policy described above. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of personal auto
liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an
umbrella liability policy shall include a drop down provision providing primary coverage above a maximum
$25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage
shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or
suits by one insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to
approval of City following receipt of proof of insurance as required herein. Limits are subject to review but
in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-4
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree
to the following with respect to insurance provided by Consultant.
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein
to include as additional insureds the City, its officers, elected officials, employees, agents, and
volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed
operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant
agrees to waive subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement
are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any
other agreement relating to the City or its operations limits the application of such insurance coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
Funding Agreement for Design of Copeland Creek Detention Basin Project E-5
canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any other agreement and
to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory
wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation,
or that any party will "endeavor" (as opposed to being required) to comply with the requirements of
the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided
by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis
in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is
brought onto or involved in the project by Consultant, provide the same minimum insurance coverage
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
12. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion
of the insurance required herein and further agrees that it will not allow any contractor, subcontractor,
Architect, Engineer or other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-insured retention must
be declared to the City. At that time the City shall review options with the Consultant, which may
include reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Consultant, the City will negotiate
additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance
of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents face
an exposure from operations of any type pursuant to this agreement. This obligation applies whether
or not the agreement is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
Funding Agreement for Design of Copeland Creek Detention Basin Project E-6
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant
under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under
such laws with respect to City, its officers, elected officials, employees, agents, and volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in this
agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted with reference to City. It
is not the intent of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with respect
thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising
out of the work performed under this agreement. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
EXHIBIT B TO RESOLUTION
GHD, INC. TASK ORDER NO. 2017-08
CITY OF ROHNERT PARK
AND
GHD, INC.
AUTHORIZATION TO PROVIDE 90% DESIGN FOR THE COPELAND
CREEK DETENTION POND (PROJECT NO. 2006-04)
SECTION 1 – PURPOSE
The purpose of this Task Order 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.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for 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” for an amount not-to-exceed $295,000.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by April 1, 2018, or as extended in writing by the
City Manager.
SECTION 5 – ADDITIONAL INDEMNIFICATION
For the purpose of the services provided by Consultant in accordance with Section 2 of this Task Order,
in addition to the Indemnity provisions set forth in Section 11 of the MASTER AGREEMENT, the
following indemnification provisions shall apply:
Consultant agrees to accept all responsibility for loss or damage to any person or entity, including
Sonoma County Water Agency and the State of California, and to indemnify, hold harmless, and release
Sonoma County Water Agency and the State of California, their officers, agents, and employees, from
and against any actions, claims, damages, liabilities, disabilities, or expenses, that may be asserted by any
person or entity, including Consultant, that arise out of, pertain to, or relate to Consultant’s or its agents’,
employees’, contractors’, subcontractors’, or invitees’ performance or obligations under this Agreement.
Consultant agrees to provide a complete defense for any claim or action brought against Sonoma County
Water Agency and the State of California based upon a claim relating to Consultant’s or its agents’,
employees’, contractors’, subcontractors’, or invitees’ performance or obligations under this Agreement.
Consultant’s obligations under this Paragraph apply whether or not there is concurrent or contributory
negligence on the part of Sonoma County Water Agency or the State of California, but, to the extent
required by law, excluding liability due to conduct of Sonoma County Water Agency or the State of
California. Sonoma County Water Agency or the State of California shall have the right to select its legal
counsel at Consultant’s expense, subject to Consultant’s approval, which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way by any limitation on the amount or
type of damages or compensation payable to or for Consultant or its agents under workers' compensation
acts, disability benefits acts, or other employee benefit acts. This indemnity provision survives the
EXHIBIT B TO RESOLUTION
Agreement.
For design professionals (as that term is defined by statute) acting within the scope of their professional
capacity, to the fullest extent permitted by law, Consultant shall, at its own expense indemnify, protect,
defend, and hold harmless Sonoma County Water Agency and the State of California from and against
any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in
Civil Code Section 2782.8, as may be amended from time to time.
SECTION 6 – 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 26th day of September, 2017
CITY OF ROHNERT PARK GHD, Inc.
____________________________
Darrin Jenkins (Date) Theodore B. Whiton (Date)
Per Resolution No. 2017-____ adopted by the
Rohnert Park City Council at its meeting
of September 26, 2017.
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
GHD Task Order 2017-08
Exhibit A
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
September 8, 2017
Ms. Mary Grace Pawson, PE
Director of Development Services
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
RE: Proposal for 90 Percent Design of Copeland Creek Stormwater Detention Basin / Groundwater
Recharge Facility
Dear Ms. Pawson,
GHD is pleased to submit our proposed scope and fee for the 90 percent design of the Copeland Creek
Stormwater Detention Basin / Groundwater Recharge Facility. The City’s Draft Funding Agreement with the
Sonoma County Water Agency, as it relates to the Water Agency’s Department of Water Resources’ Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal Protection grant, is the basis for this scope of
work.
Project Understanding and Background
GHD completed a Basis of Design Report for the project in April 2017 and recommended a preferred alternative
to carry forward into the CEQA and design phases of the project. The recommended alternative includes an off-
channel detention basin with sediment settling and fish refugia features providing flood protection for a 10-year
storm. Groundwater recharge will occur in the stream channel downstream from the site after the peak flows have
receded and the detention basin empties. Attached is a plan view of the recommended project for reference (see
Figure 8 from the BOD report).
The City’s Draft Funding Agreement with the Water Agency describes the scope for the 90 percent design in
Exhibit B as follows:
5.1 Design
a. Prepare project design, as recommended in the Basis of Design Report, to a ninety percent (90%)
level. City and Water Agency acknowledge that 90% documents are not suitable for project
construction but can support project permitting. City and Water Agency acknowledge that 90%
design documents include plans, specifications and a cost estimate.
b. Identify and perform sufficient site investigation(s) for purposes of developing Project design.
c. Prepare a detailed construction cost estimate for the Project broken down by bid item.
The purpose of the 90 percent design is to bring the level of design to a point where the City can engage with
permitting agencies to surface and address concerns and ultimately to obtain permit approval. Key permitting
agencies include CDFW and NMFS for fish passage and flow detention, and DSOD for dam safety. The 90
percent design will provide sufficient design detail to enable discussions with these agencies but will not include
GHD Task Order 2017-08
Exhibit A
2 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
all details necessary for construction. GHD expects that the permit negotiations will require changes to the 90
percent design submittal, which will be included in a subsequent phase of the project.
The City is currently constructing a new water tank and transmission main adjacent to the proposed detention
basin, and will provide all background survey mapping and construction documents for the project. GHD will
incorporate the information into the 90 percent design submittal. GHD has assumed that the survey control for
the tank project is in good condition and accessible to complete the field survey scope described in this proposal.
Project Approach
The City intends to move the project forward in several phases that build on previous work:
• Phase 1: Complete 90 percent design per recommendations from Basis of Design Report;
• Phase 2: Engage key permitting agencies to refine the project details, and prepare a Notice of Preparation
for CEQA compliance;
• Phase 3: Prepare CEQA documents;
• Phase 4: Complete the project design, obtain permits, prepare bid documents, and prepare Conditional
Letter of Map Revision (CLOMR) for FEMA; and
• Phase 5: Complete construction of the project and prepare Letter of Map Revision (LOMR) for FEMA.
This scope pertains to Phase 1 only, but GHD is prepared to assist the City with Phases 2 – 5 as optional services.
Subconsultants
GHD will utilize the following subconsultants to assist with execution of the scope of services:
• Tabor Drilling (geotechnical exploration)
• GMA Hydrology (stream flow monitoring)
Scope of Work
The following tasks describe the work to be performed by GHD for the 90 percent design of the Copeland Creek
Stormwater Detention Basin / Groundwater Recharge Facility.
Task 1 – Project Management
1.1 Project Management
GHD will provide project management services during the project. The following summarizes our project
management activities:
• Project Work Plan. Develop a detailed Project Work Plan for the team to use as a basis for project
execution. The Work Plan will include the following, and discussed with the District at the project kickoff
meeting:
o Project charter
o Scope of work
o Schedule
GHD Task Order 2017-08
Exhibit A
3 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
o Budget
o Quality management
o Communications
o City standards and consultant standards (as applicable)
• Project Kickoff Meeting. GHD’s project manager and project principal will attend a project kickoff meeting
at the City to review the project Work Plan.
• Project staffing requirements. Evaluate and assign staff as needed to meet project quality and schedule
requirements.
• Project progress. Evaluate and track progress on scope, schedule, and budget. Prepare monthly project
activity reports to be provided with each of our monthly invoices during the project. These reports will
provide the City with a brief description of the activities completed during the previous month.
• Project coordination with the City and project team. Coordination will include two design review meetings
and progress conference calls as necessary to communicate key project issues as they develop during
the course of the work.
Task 1 Deliverables:
• Project Work Plan
• Monthly invoices with progress reports
• Meeting agendas and minutes
Task 2 – Field Surveys and Mapping
2.1 Background Review
GHD will review available information relating to the City’s property including the Title Report and survey mapping
for the water tank project. GHD will use the same horizontal and vertical datum used for the water tank as the
basis for the stormwater detention basin. The City will obtain and provide the Title Report to GHD to expedite the
acquisition process.
2.2 Field Survey
GHD will perform a detailed field survey of that portion of the City’s property sufficient for design of the detention
basin including:
• benchmarks and survey control used for the water tank project
• property boundary markers, surface features
• Petaluma Hill Road along the property frontage and 100 feet northerly from the culvert
• the culvert carrying Copeland Creek under the road
• top of creek bank
• trees (greater than 6 inches BHD)
GHD Task Order 2017-08
Exhibit A
4 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
• general topography
To the extent possible, GHD will locate the alignment of the new water transmission pipe. In addition, GHD will
survey up to 12 cross-sections of Copeland Creek for hydraulic modelling as described under Task 4.
2.3 Mapping
GHD will prepare a CAD file with topographical mapping of the City’s property with 1-foot contours showing the
creek channel defined by the top of bank and the surface features picked up during the field survey. Approximate
locations of property boundaries will also be included on the map.
Task 2 Deliverables:
• Field survey notes, including topographic survey notes, will be kept on file at GHD. Topographic survey
base mapping will be used for the preparation of the project deliverables and will not be provided as a
separate deliverable.
Task 3 – Geotechnical Investigation
GHD will utilize the geotechnical evaluation memorandum prepared for the Basis of Design Report to the extent
possible. However, for DSOD review and for complete design documents GHD will perform the following
additional scope to prepare a design-level geotechnical investigation. The geotechnical investigation will be
performed in the responsible charge of a licensed Geotechnical Engineer. The geotechnical scope includes:
• Subsurface exploration
o Obtain County drilling permit
o Mark and clear with USA
o Drill four borings to 25 to 40 feet deep with rotary equipment. Drive samples every 5 feet. Log
materials in accordance with ASTM D2488.
o Advance one Cone Penetrometer to 100 feet at the outlet Backfill borings and CPT with grout
• Laboratory testing - Complete the following laboratory tests, as appropriate, on the soil and bedrock
samples obtained during the geotechnical investigation: moisture content, unit weight, Atterberg limits,
sieve analysis, consolidation, triaxial shear, direct shear, unconfined compression, R-value
• Engineering analyses will be performed to support the design-level conclusions and recommendations
for the proposed project. Analyses will include, as appropriate, geologic hazards, liquefaction, evaluation
of soil compressibility, slope stability for the proposed embankment, earthwork, excavatability, structure
bearing and lateral resistance, pipeline design, and access road pavements.
• Preparation of a design-level geotechnical investigation report. The report will include the following:
o Description of physical properties and characteristics of the subsurface soils, including
questionable soil, expansive soil, rock, and groundwater
o A plan showing the locations of borings and log of borings
GHD Task Order 2017-08
Exhibit A
5 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
o Discussion of general and local site geology, seismicity, ground shaking, and other geologic
hazards
o Discussion of compressible or expansive soils, if encountered
o A summary of all laboratory test data
o Discussion of pertinent geotechnical factors (soil, rock, geology, and water) that could affect the
design and construction of this project; and
o Conclusions and recommendations for the following:
Impacts of questionable soils or rock (expansive, compressible, resistant, liquefiable), if
encountered, and mitigation
Earthwork recommendations, including site preparation, excavatability, subgrade
preparation, compaction, surface drainage, and erosion potential
Embankment construction
Bedding, backfill, compaction, and moisture requirements for trench bedding and backfill;
Pavement alternatives for the proposed access road
Task 3 Deliverables:
• Draft and final geotechnical investigation report (electronic)
Task 4 – Hydrologic and Hydraulic Modeling
4.1 Scenario Evaluation
GHD will develop a design level hydraulic model to analyze and refine the hydraulic performance of the design
components for the new detention basin. This is required to evaluate the performance of a lateral weir for the
inflow/diversion to the detention basin, and to determine the appropriate outflow structure and geometry for fish
passage. The hydraulic model will be developed in HEC-RAS modeling software (USACE 2017), with one-
dimensional unsteady state channel model coupled with a two-dimensional detention basin model. GHD will
develop three (3) hydraulic model scenarios:
1. An existing condition model based on site survey data and augmented with available LiDAR data as
needed to establish the baseline condition. This model scenario will also be used for model validation
analysis based on the flow monitoring data in GMA 2015 and any available data from the 2017 flow
monitoring.
2. A preliminary design model to analyze design details such as basin inlets and outlets settings.
3. A refined design model to back check the hydraulic performance of the detention basin design.
The model extent will include the Copeland Creek reach from the downstream of the Petaluma Hill Road to the
eastern limit of the project site. Each hydraulic model scenario will be run under three flow scenarios: fish
passage design flow, 10-year design flow, and 100-year design flow. The design flow hydrograph pattern will be
based on the HEC-HMS modeling output from the Basis of Design phase. Model boundary conditions including
GHD Task Order 2017-08
Exhibit A
6 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
peak flows and water surface elevations will be based on the concept design (GHD 2016). No new hydrology
analysis, and Copeland Creek hydraulic modeling outside the project site will be performed in this task.
GHD will prepare a draft technical memorandum after completing the evaluations of Scenarios 1 and 2 to refine
the design of the basin inlet and outlet settings. As the design of the basin progresses and is refined further,
GHD will finalize the technical memorandum including the evaluation of Scenario 3.
4.2 Stream Flow Monitoring
Stream flow data will be necessary to calibrate and verify the model simulation of the detention basin and creek
channel. Data collected previously for the alterative analysis captured high flow events but not the low flow
conditions. In order to complete the 90 percent design for consultation with CDFW and NMFS, collection of
additional streamflow data that captures both low flow and peak events is necessary for model calibration and
verification. Streamflow monitoring will occur at a minimum of three locations and will be by performed GMA
Hydrology.
Task 4 Deliverables:
• Draft and final hydrology and hydraulic analysis technical memorandum (electronic)
Task 5 – 90 Percent Design
Task 5 includes the preparation of plans, technical specifications, and engineer’s opinion of probable construction
costs for the project. This task will include two deliverables, a 60 percent design submittal and a 90 percent design
submittal. GHD will make submittals to the City, and the City will coordinate with the Water Agency to schedule
review meetings. The review meetings are included under Task 1.
5.1 60 Percent Design Submittal
Prepare 60 percent plans using project base map prepared under Task 2. The 60 percent design includes plans,
sections and some construction details, key technical specifications, and preliminary cost estimates (by bid item).
The 60 percent design will be sufficiently complete and sufficiently detailed to coordinate with DSOD and receive
informal input on the design. GHD will coordinate directly with DSOD to obtain their input on the design of the
detention basin under this task and incorporate their input into the 60 percent design submittal. A formal DSOD
review process will not be initiated under this scope of services.
5.2 90 Percent Design Submittal
Prepare a 90 percent design that address review comments from the City and Water Agency from the 60 percent
design. The 90 percent design includes plans, sections and construction details, key technical specifications, and
engineer’s estimate of probable construction cost (by bid item). GHD will meet with the City to review the design
submittal, and GHD will address review comments in a final deliverable.
The final 90 percent design will be sufficiently complete and sufficiently detailed to coordinate with CDFW and
NMFS regarding fish passage and stormwater detention. Coordination with CDFW and NMFS will not be initiated
under this scope of services.
GHD Task Order 2017-08
Exhibit A
7 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
Task 5 Deliverables:
• 60 percent design plans, technical specifications, and preliminary cost estimate (electronic)
• Preliminary 90 percent design plans, technical specifications, and cost estimate (electronic)
• Final 90 percent design plans, technical specifications, and cost estimate (electronic)
Optional Services Not Included
The following optional services are not included in the scope of work:
• Hydrologic and hydraulic modelling of Copeland Creek upstream and downstream of the detention
basin;
• CEQA documents and permitting;
• CLOMR / LOMR for FEMA;
• Final design and construction documents for advertising for bids; and
• Other services not otherwise described in this scope of services.
City Responsibilities
In addition to other responsibilities of the City described in this scope of services, the City shall:
• Obtain a Title Report for the City’s property where the detention basin will be located;
• Provide survey mapping and construction documents for the City’s water tank project;
• Provide grant funding administration;
• Coordinate with Sonoma County Water Agency; and
• Provide review comments on the project deliverables described in this scope of services.
Project Team
The following GHD personnel are assigned as project or technical leads for this project:
• Project Principal – Iver Skavdal, PE
• Project Manager – Ted Whiton, PE
• Project Engineer – Patrick Sullivan, PE
• Surveyor – Richard Maddock, PLS
• Geotechnical Engineer – Chris Trumbull, PE, GE, D.GE
• Hydrology / Hydraulics – Raymond Wong, PhD, PE
Project Schedule
Engineering services will begin with the City issuing a Notice-to-Proceed for this scope of work, which is
anticipated on September 27, 2017 following the City Council’s approval. According to the City’s Funding
Agreement with the Water Agency, the 90 percent design needs to be completed by February 28, 2018.
GHD Task Order 2017-08
Exhibit A
8 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
Engineering Fee
Compensation for services shall be on a time and materials basis not to exceed $295,600. GHD’s fee includes a
$10,000 contingency for additional services that will be used only at the City’s discretion. A copy of GHD’s
estimated labor and fee by task and labor category is attached.
Closing
Please don’t hesitate to contact me if you have any questions regarding the scope of work. You can reach me by
email at Ted.Whiton@ghd.com or by phone at (707) 540-9007. Thank you for the opportunity to assist the City of
Rohnert Park.
Sincerely,
GHD Inc.
Theodore B. Whiton, P.E.
Principal / Senior Civil Engineer
Project Name:Copeland Creek Stormwater Detention Basin / Groundwater Recharge Facility Client:City of Rohnert Park, CA
Prepared by:T. Whiton Date:
Reviewed by:
Job Number:10047928
LABOR CATEGORY >Proj Civil Geotech Staff Sr. H&H LLS 2-Person CAD / CAD TOTAL SUB SUB
Engr Engr Engr Geotech Engr Crew Graphics Tech HOURS
RATE >$260 $260 $160 $120 $205 $130 $190 $175 $150 $320 $150 $120 $115Task / Item /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr
TASK 1 Project Management
4 28 4 4 4 44 $500 $10,620
8 12 8 8 2 38 $500 $8,610
12 40 12 0 0 0 0 12 0 0 0 0 6 82 $1,000 $0 $0 $19,230
TASK 2 Field Surveys and Mapping
2 2 4 2 10 $100 $1,770
24 16 40 $1,000 $9,720
2 2 24 16 44 $400 $6,760
0 4 4 0 0 0 0 0 52 16 0 16 2 94 $1,500 $0 $0 $18,250
TASK 3 Geotechnical Investigation
6 2 37 4 49 $6,100 $17,250 $29,990
12 5 33 50 $400 $7,635
2 2 12 3 22 4 45 $300 $7,195
2 2 30 0 10 92 0 0 0 0 0 0 8 144 $6,800 $0 $17,250 $44,820
TASK 4 Hydrologic and Hydraulic Modeling
2 2 16 80 24 24 16 164 $1,000 $25,360
4 2 6 $200 $20,000 $21,070
2 2 10 40 12 40 106 $800 $17,520
2 8 10 20 4 16 2 62 $400 $10,790
6 12 40 140 0 0 40 80 0 0 16 0 4 338 $2,400 $20,000 $0 $74,740
TASK 5 90 Percent Design
8 24 80 120 8 8 40 40 8 336 $2,500 $52,420
8 24 80 120 8 8 40 40 8 336 $2,500 $52,420
4 16 40 40 20 20 8 148 $1,000 $23,720
20 64 200 280 16 16 0 0 0 0 100 100 24 820 $6,000 $0 $0 $128,560
Contingency
0 $0 $10,000
0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $10,000
40 122 286 420 26 108 40 92 52 16 116 116 44 1,478 17,700$ 20,000$ 17,250$ 295,600$
*OTHER DIRECT COSTS include telephone, mileage, printing, photocopies, drilling permits, in-house geotechnical laboratory analysis and other miscellaneous direct expenses.
GHD - PROJECT FEE ESTIMATING SHEET
FEE COMPUTATION
1.1 Project Management
Proj MgrPrincipal H&H Engr
LABOR COSTS
*OTHER
DIRECT
COSTS
TOTAL FEEStream Flow
Monitoring Soil Borings
Tech
Support
SUBTOTAL CONTINGENCY
PROJECT TOTALS
September 8, 2017
SUBTOTAL TASK 5
SUBTOTAL TASK 2
SUBTOTAL TASK 1
2.2 Field Survey
2.3 Mapping
3.2 Engineering Analysis
SUBTOTAL TASK 4
3.3 Geotechnical Investigation Report
1.2 Design Review Meetings (2)
Contingency
3.1 Exploration and Lab Testing
5.1 60 Percent Design Submittal
5.2 Preliminary 90 Percent Design Submittal
5.3 Final 90 Percent Design Submittal
SUBTOTAL TASK 3
2.1 Background Review
4.3 Evaluate Scenarios
4.1 Construct Models
4.2 Stream Flow Monitoring
4.4 Technical Memorandum
9/18/2017 Page 1
GHD Task Order 2017-08
Exhibit B
ITEM NO. 6C3
1
Meeting Date: September 26, 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 Park Restrooms Renovation Project No. 2016-10, Finding
the Project Exempt from CEQA, Approving and Adopting Plans and
Specifications, and Awarding the Contract to Carr’s Construction Services,
Inc.
_____________________________________________________________________________________________________
RECOMMENDED ACTIONS:
Adopt a Resolution for the following actions:
1. Approve and adopt the plans and specifications for the Park Restrooms Renovation Project
No. 2016-10,and
2. Find such action exempt from California Environmental Quality Act (CEQA), and
3. Accept the bids and award the contract for the project to Carr’s Construction Service, Inc.
in the amount of $242,750.
BACKGROUND:
On November 10, 2015, staff gave a presentation to the City Council seeking direction on a
proposed restroom re-opening strategy for the City’s nine closed park restrooms. At that time,
three of the restrooms had identified funding sources and were moving forward with re-opening.
These restrooms were located at Benicia Pool, Alicia Park and Colegio Vista Park.
During the Fiscal Year 15/16 budget discussions, the City Council determined that reopening the
remaining six park restrooms was a priority and directed staff to move forward to re-open the
restrooms with a budget of $618,900. The Park Restrooms Renovation Project No. 2016-10 was
identified in the FY 2015/16 CIP (Infrastructure Reserve Funds) and included restrooms at
Magnolia Ball Fields, Magnolia Pool Building, Eagle Park, Sunrise Park, Golis Park and Santa
Dorotea Park. Brokaw Design was awarded the design agreement for reopening six park restrooms
on July 26, 2016.
Status of the Restrooms:
• Benicia Pool Restroom: Opened June 2016
• Magnolia Pool Building Restroom: The restroom only required minor rehabilitation and
was opened to the public in March, 2017.
• Alicia Park Restroom: Opened May 2017
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. 6C3
2
• Colegio Vista Restroom: Replacement of the Colegio Vista Park restroom was funded
through Community Development Block Grant (CDBG) funds, however there was not
sufficient funding in the grant to replace the entire building as needed to accommodate
ADA accessibility. Staff determined it would be feasible to renovate the existing building
as opposed to demolishing the existing building. CDBG funds were used for items
associated with ADA accessibility and $86,140 from the FY 15/16 $618,900 budget for
park restroom reopening was used to fully fund the project.
• Santa Dorotea Park Restroom; Because of the extreme disrepair and ADA accessibility
conflicts, the restroom at Santa Dorotea Park requires demolition of the existing facility
and construction of a new restroom. This project will be bid separately later this year.
• Magnolia Ball Fields, Eagle Park, Sunrise Park, Golis Park restrooms were advertised for
construction together and are being considered for award of construction as part of this
staff report.
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 August 15, 2017 and was published on August 18 and 25, 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 is the renovation of restrooms at Magnolia Ball Fields, Eagle Park, Sunrise Park and
Golis Park. The renovation includes replacement of fixtures with vandal-resistant units, paint,
floor treatment and minor trim replacement. There is some concrete work at Sunrise Park
Restroom to eliminate the step between the two restrooms.
A pre-bid meeting was held on August 29, 2017. Eleven contractors (both general and sub-
contractors) attended the meeting.
Bid Analysis
Bid opening occurred on September 12, 2017 at 11:00 AM and staff received five (5) bids, as listed
below:
No. Contractor Base Bid Amount
1 Carr’s Construction Service, Inc.
Santa Rosa, CA $242,750
2 Kevin Mack Construction, Inc.
Millville, CA $274,000
3 M3 Integrated Service
Santa Rosa, CA $311,300
4 CWS Construction Group
Novato, CA $319,000
5 American Canyon Builders
American Canyon, CA $329,000
The apparent low bidder is Carr’s Construction Services, Inc with a base bid in the amount of
$242,750.
ITEM NO. 6C3
3
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 Carr’s
Construction Service, Inc. Adopting the resolution would find the project to be exempt under
CEQA regulations as is described below.
Timeline
If the City Council awards the bid, construction of the project would begin in early October, 2017.
The construction period is 90 calendar days in the contract documents. Under the best
circumstances, construction would be complete by the early January, 2018; however, wet weather
and other unforeseen conditions could extend the construction period.
ENVIRONMENTAL ANALYSIS:
The Project involves renovation of four existing restroom buildings. 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 reopen the restroom buildings at Magnolia Fields, Eagle
Park, Sunrise Park and Golis Park as part of the Council’s direction to reopen all restrooms at City
parks. 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 four restroom buildings will continue to remain
closed and residents will continue to use the portable restrooms that are currently being utilized.
Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE:
The project is funded through Infrastructure Reserve Funds.
The budget for the awarded project is as follows:
Park Restrooms Renovation Project No. 2016-10
Item
Amount
Construction Cost from Carr’s Construction Service, Inc. $242,750
10% Construction Contingency 24,275
Design Engineer Costs 76,235
Other Project Related Costs for
Santa Dorotea Park (ESTIMATE)
Colegio Vista (City Match for CDBG grant)
City legal, printing, etc for all 6 projects
320,000
86,140
6,185
Total Project Cost (with future Santa Dorotea Park) 7
Total Current Budget FY 17/18 618,900
Budget Shortfall (136,685)
ITEM NO. 6C3
4
There is sufficient funding for the construction contract for renovation of the four restrooms
within the FY 17/18 budget. However, this only leaves $183,315 for the upcoming Santa
Dorotea Park restroom building construction and associated City labor. The planning-level cost
estimate for replacing the restroom is $300,000 (including 10% contingency). Other direct costs
are estimated at $20,000. A shortfall of approximately $140,000 could occur when be which will
be addressed before moving forward with advertising the project for construction.
_____________________________________________________________________________________________________
Department Head Approval Date: (J. McArthur) 9/18/17
Finance Director Approval Date: (B. Howze) 9/18/17
City Manager Approval Date: (D. Jenkins) 9/20/17
City Attorney Approval Date: (Chad Herrington) 9/14/17
Attachments (list in packet assembly order):
1. Approving Resolution
a. Exhibit A to the Resolution (Contract)
1
RESOLUTION NO. 2017-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE PARK RESTROOMS RENOVATION PROJECT NO. 2016-
10, FINDING THE PROJECT EXEMPT FROM CEQA, APPROVING AND ADOPTING
PLANS AND SPECIFICATIONS, AND AWARDING THE CONTRACT TO CARR’S
CONSTRUCTION SERVICES, INC.
WHEREAS, the Parks Restrooms Renovation Project No. 2016-10 (“Project”) will
renovate four of the City’s Park restrooms so they can be opened to the public; 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 August 15, 2017 and published on August
18 and 25, 2017 with the Community Voice; and,
WHEREAS, the plans and specifications for the Project were designed by Brokaw
Design of Rohnert Park, California; and,
WHEREAS, the bids for the Project were opened on September 12, 2017; and,
WHEREAS, Public Works staff reviewed the bids received for responsiveness and
determined that Carr’s Construction Services, Inc. submitted the lowest cost bid and is the lowest
responsive and responsible bidder, and,
WHEREAS, there are funds budgeted in the Infrastructure Reserve; and,
WHEREAS, the Park Restrooms Renovation Project has been identified by the City
Council as an important Capital Improvement Project.
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 Park Restrooms Renovation Project No.
2016-10 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 Carr’s
( 2 )
2017-116
Construction Service, Inc. is hereby found to be the lowest responsive and responsible bidder and
any irregularities in such bid are waived in accordance with applicable law.
Section 6. An agreement between Carr’s Construction Service, Inc. and the City of
Rohnert Park for the Project in the amount of Two Hundred Forty-two Thousand, Seven hundred
Fifty dollars ($242,750) 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 necessary 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.
Section 7. The City Manager is authorized to sign Contract Change Orders up to ten
percent (10%) of the construction contract award amount.
Section 8. City staff is hereby directed to issue a Notice of Award to Carr’s Construction
Service, Inc. for this project.
Section 9. This Resolution shall become effective immediately.
Section 10. All portions of this Resolution are severable. Should any individual
component of this Resolution be adjudged to be invalid and unenforceable by a body of
competent jurisdiction, then the remaining Resolution portions shall continue in full force and
effect, except as to those Resolution portions that have been adjudged invalid. The City Council
of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each
section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact
that one or more section, subsection, clause, sentence, phrase or other portion may be held
invalid or unconstitutional.
DULY AND REGULARLY ADOPTED this 26th day of September, 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
Page 1
C O N T R A C T
PARK RESTROOMS RENOVATION PROJECT
PROJECT NO. 2016-10
THIS AGREEMENT, made and entered into this _____ day of______________, 2017, by and
between Carr’s Construction Service, Inc., 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 September 26, 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 Hundred Forty-two Thousand, Seven
Hundred Fifty Dollars ($242,750).
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
Exhibit A
Page 2
d) Accepted Proposal, with all attachments and certifications
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 less than one hour
of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception
Exhibit A
Page 3
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 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
Exhibit A
Page 4
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.
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
Exhibit A
Page 5
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,
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.
Exhibit A
Page 6
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
Manager, as applicable. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be
executed in several counterparts, each of which will be deemed an original, and all of which, when
taken together, constitute one and the same instrument. Amendments to this Contract will be
considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or other electronic signature will have the same effect as an original
signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party
of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or
a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City
of any Work performed by Contractor will not constitute a waiver of any of the provisions of this
Contract.
Exhibit A
Page 7
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review this
Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance
with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Contract will not be affected and the Contract will be read and construed without
the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial courts
will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in
the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed
by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year
first above written.
CITY OF ROHNERT PARK CARR’S CONSTRUCTION SERVICE, INC.
____________________________________
City Manager Date Name/Title Date
Per Resolution No. _______________adopted by the Rohnert Park
City Council at its meeting of September 26, 2017
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney
ITEM NO. 6C4
1
Meeting Date: September 26, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Eydie Tacata, Management Analyst
Agenda Title: Amend FY 2017-18 Capital Improvement Plan Budget to Appropriate Funds
from the Road Repair and Accountability Act of 2017, Include Information for
Eligibility of Funds, and Increase Budget of the Traffic Signals System Needs
Implementation Project
RECOMMENDED ACTION: Approve resolution amending FY 2017-18 Capital Improvement
Plan Budget to appropriate $237,321 in Road Maintenance and Rehabilitation Account
(“RMRA”) funds, update descriptions of projects proposed for RMRA funds, and increase
budget of Project No. 2016-07 Traffic Signals System Needs Implementation Project.
BACKGROUND: On April 28, 2017 the Governor signed Senate Bill 1 (“SB1”), also known as
the Road Repair and Accountability Act of 2017. SB1 increases fuel excise taxes, diesel fuel
sales taxes and vehicle registration fees. Revenues from these taxes will generate $5.2 billion
annually for California’s state and local transportation system, of which $1.5 billion will flow to
cities and counties through the Road Maintenance and Rehabilitation Account (“RMRA”) of the
State Transportation Fund. These funds are “prioritized for expenditure on basic road
maintenance and road rehabilitation projects, and on critical safety projects” (Streets and
Highways Code, Section 2030).
The City of Rohnert Park is estimated to receive $237,321 in RMRA funds this fiscal year. These
funds will be available from the State Controller in early calendar year 2018.
SB1 emphasizes accountability and transparency in the delivery of California’s transportation
programs. Therefore, in order to be eligible for RMRA funding, cities and counties must provide
basic annual project reporting to the California Transportation Commission (CTC). The first of
these submittals to the CTC is a list of projects proposed for RMRA funding. Projects on the list
must be included in a city’s or county’s operating or capital improvement budget adopted or
amended at a regular public meeting.
Additionally, the project lists included in the adopted budgets must include information required
by SB1, including: description and location of each proposed project, a proposed schedule for
each project’s completion, and the estimated useful life of the improvement.
In order for cities and counties to be eligible to receive their RMRA apportionment, these
agencies must submit project lists on a form provided by the State, as well as documentation of
adoption of a budget with proposed projects to the CTC by October 16, 2017. The CTC does not
approve projects on the list; rather, CTC staff will review submittals, ensure completeness, and
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. 6C4
2
send a list of agencies which have met eligibility requirements to the State Controller, which in
turn will apportion RMRA funds to eligible agencies.
ANALYSIS:
Projects in the Adopted FY 2017-18 Capital Improvements Budget Eligible for RMRA
Funding and Submittal to the CTC
Streets and Highways Code, Section 2030(b)(1) lists the types of projects that the Road
Maintenance and Rehabilitation Program may fund, which include but are not limited to:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Complete street components, including active transportation purposes, pedestrian and
bicycle safety projects, transit facilities, and drainage and stormwater capture projects in
conjunction with any other allowable project.
• Traffic control devices
On June 13, 2017, the City Council adopted the City’s Capital Improvement Plan (CIP) Budget
for FY 2017-18. There are several RMRA funding-eligible projects in the adopted CIP Budget
this fiscal year, including:
• Snyder Lane Rehabilitation (Keiser Avenue to Moura Lane)
• Martin Avenue / Commerce Boulevard Rehabilitation
• Circle Drive Rehabilitation
• East Cotati Avenue Paving
• State Farm Drive Ph. 1 Rehabilitation
• Traffic Signals System Needs – Implementation Project
• Southwest and Commerce Boulevard Intersection Improvements
Staff recommends including these projects in the submittal to the CTC so that they may be
funded with RMRA apportionment if needed.
It should be noted that the Road Maintenance and Rehabilitation Program is intended to be
flexible. Projects submitted to the CTC are not required to use RMRA funds within the fiscal
year of the apportionment, nor are they required to use RMRA funds at all if project and funding
priorities change. Additionally, projects that are not on the list for a given year are not precluded
from using that fiscal year’s RMRA funds, as long as the project is an eligible type of project.
Recommended CIP Budget Amendment to Include Information for RMRA Accountability
In August, the State Controller issued implementation guidance for RMRA funding, which stated
“project lists included in the adopted budgets must include information required by SB1,
including: description and location of each proposed project, a proposed schedule for each
project’s completion, and the estimated useful life of the improvement.” The City’s adopted CIP
Budget includes description and location for all projects, but not project schedule or project
useful life. To meet the statutory requirement for RMRA funding, staff recommends amending
the FY 2017-18 CIP Budget to include this information for the RMRA-eligible projects listed
above.
ITEM NO. 6C4
3
Recommended CIP Budget Amendment to Appropriate RMRA Funds and Increase
Budget for Traffic Signals System Implementation
Staff also recommends amending the FY 2017-18 CIP Budget to appropriate $237,321 RMRA
funds for this fiscal year and increase the FY 2017-18 budget for Project No. 2016-07, Traffic
Signals System Needs Implementation Project from $200,000 to $437,321, with the increase
funded by RMRA funds. The total budget of the project in FY 2017-18 will be $687,231.
The Traffic Signals System Needs Implementation is a phased project with a total
implementation of cost at $2.7 million, including:
• $627,000 to $1.4 million for interconnect media;
• $975,000 for local intersection hardware; and
• $99,000 to $337,000 for central hardware and software (traffic management system).
The City budgeted $250,000 in Fiscal Year 2016-17 and $200,000 in Fiscal Year 2017-18, which
is sufficient to fund the acquisition of the traffic management system and interconnection of
some key signals on Rohnert Park Expressway. A CIP budget amendment for FY 2017-18
RMRA funds to this project would further implement the traffic management solutions needed
along the priority corridors of Golf Course Drive and Rohnert Park Expressway.
STRATEGIC PLAN ALIGNMENT: The recommended option is consistent with Strategic
Plan Goal D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. Approve resolution amending FY 2017-18 Capital Improvement Plan Budget to
appropriate $237,321 in Road Maintenance and Rehabilitation Account (“RMRA”)
funds, update descriptions of projects proposed for RMRA funds, and increase
budget of Project No. 2016-07 Traffic Signals System Needs Implementation
Project. (recommended action). This action will ensure that the City complies with all
the requirements of the RMRA funding program and will direct the additional funding to
a high priority project in the current fiscal year.
2. Add new projects to the CIP Budget and include them on the project list for CTC
submittal in order to utilize the FY 2017-18 RMRA funds. This is not recommended
because Development Services and Public Works are presently at full project
management capacity to deliver the projects currently on the CIP. Using the RMRA
funding to “scale up” the existing traffic signal system project will provide the City with
the added benefit of an increased scope without significant new demands on project
management resources.
3. Budgeting FY 2017-18 RMRA funds to different project. This option is not
recommended because staff believes that the other projects in the FY 2017-18 CIP are
adequately funded and unlike the traffic signal system needs project, they have defined
scopes and are not as easily “scaled up”.
FISCAL IMPACT/FUNDING SOURCE:
This action will enable the City to receive $237,321 in RMRA funding this fiscal year, which
increases the appropriation to Fund 130 in the amount of $237,321. The recommended action
will also increase the total budgeted transfers from Fund 130 into Fund 310 by $237,321.
ITEM NO. 6C4
4
Department Head Approval Date: 09/15/2017
City Attorney Approval Date: n/a
Finance Director Approval Date: 09/20/2017
City Manager Approval Date: 09/21/2017
Attachments (list in packet assembly order):
1. A Resolution of the City Council of the City of Rohnert Park Amending the 2017-18
Capital Improvement Plan Budget to Meet the Requirements of the Road Repair and
Accountability Act, Appropriating $237,231 in Road Repair and Maintenance
Account Funding and Increasing Budget for Traffic Signals System Needs
Implementation (Project No. 2016-17).
RESOLUTION NO. 2017-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE 2017-18 CAPITAL IMPROVEMENT PLAN BUDGET TO MEET
REQUIREMENTS OF THE ROAD REPAIR AND ACCOUNTABILITY ACT,
APPROPRIATING $237,231 IN ROAD REPAIR AND MAINTENANCE ACCOUNT
FUNDING, AND INCREASING BUDGET FOR TRAFFIC SIGNALS SYSTEM NEEDS
IMPLEMENTATION (PROJECT NO. 2016-07)
WHEREAS, on April 28, 2017 the Governor signed Senate Bill (“SB1”), also known as
the Road Repair and Accountability Act of 2017 to address basic road maintenance,
rehabilitation and critical safety needs on both the state highway and local streets and road
system by increasing per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration
fees; and
WHEREAS, beginning November 1, 2017, the State Controller (“Controller”) will
deposit various portions of this new funding into the newly created Road Maintenance and
Rehabilitation Account (RMRA), to eligible cities and counties pursuant to Streets and
Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical
safety projects on the local streets and roads system; and
WHEREAS, the City will receive an estimated apportionment of $237,231 in RMRA
funding in Fiscal Year 2017-18; and
WHEREAS, SB1 emphasizes the importance of accountability and transparency in the
delivery of California’s transportation programs, and therefore requires cities and counties to
provide basic annual RMRA project reporting to the California Transportation Commission
(CTC) in order to be eligible for RMRA funding; and
WHEREAS, prior to receiving an apportionment of RMRA funds from the Controller in
a fiscal year, the City must submit to the CTC a list of projects proposed to be funded with these
funds; and
WHEREAS, the projects proposed to receive RMRA funding must be included in an
adopted City operating budget or capital improvements budget, which must include a description
and the location of each proposed project, a proposed schedule for the project’s completion, and
the estimated useful life of the improvement; and
WHEREAS, on June 13, 2017, the City Council of the City of Rohnert Park adopted FY
17-18 Capital Improvement Plan (CIP) Budget, which includes projects eligible for RMRA
funding; and
WHEREAS, the FY 17-18 CIP Budget should now be amended to include information
required by SB1 and to appropriate RMRA funds; and
WHEREAS, the Traffic Signal System Needs Implementation (Project No. 2016-07) is
among the RMRA eligible projects that addresses community priorities and can expend RMRA
funds; and
WHEREAS, the RMRA funds provide a significant boost to the City’s local streets and
roads, especially for basic maintenance and safety, investing in complete streets infrastructure,
using cutting-edge technology, materials and practices, and will have significant positive co-
benefits statewide.
( 2 )
2017-117
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager is hereby authorized and directed to submit the following list of
projects to the CTC in the form required by the State Controller in order to qualify them for
RMRA funding:
1. CIP Project 16-06 - Snyder Lane Rehabilitation (Keiser Avenue to Moura Lane)
2. CIP Project 17-15 - Martin Avenue and Commerce Boulevard Rehabilitation
3. CIP Project 17-16 - Circle Drive Rehabilitation
4. CIP Project 17-17 - East Cotati Avenue Paving
5. CIP Project 16-08 - State Farm Drive Ph. 1 Rehabilitation
6. CIP Project 16-07 - Traffic Signals System Needs Implementation Project
7. Southwest and Commerce Boulevard Intersection Improvements
BE IT FURTHER RESOLVED THAT the FY 2017-18 CIP Budget is amended to:
• Appropriate $237,321 in RMRA funds to Fund 130 (Gas Tax Fund) in FY 2017-
18
• Increase budgeted transfers from Fund 130 to Fund 310 (Capital Improvements
Fund) by $237,231
• Increase the FY 2017-18 budget for Project No. 2016-07, Traffic Signals System
Needs Implementation Project from $200,000 to $437,321, with the increase
funded by RMRA funds and
• Replace the Project Data Sheets for the RMRA project list to include Description,
Location, Anticipated Construction Schedule, and Estimated Useful Life.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and
directed to take all actions necessary to effectuate the CIP budget amendment.
DULY AND REGULARLY ADOPTED this 26th day of September, 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. 6D1
1
September
Meeting Date: September 26, 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 an Ordinance Updating Title 13 of the Municipal Code
Relating to the City’s Potable Water, Recycled Water and Sewer
Service
RECOMMENDED ACTION: Approve an Ordinance repealing Resolution 2005-86 and
Chapters 13.04, 13.44, 13.62 and 13.66 of Title 13 of the Rohnert Park Municipal Code and
adding Chapters 13.02, 13.03, 13.04, 13.05, 13.06 and 13.44 to Title 13 of the Rohnert Park
Municipal Code relating to the City’s potable water, recycled water and sewer systems. This
ordinance was introduced on September 12, 2017.
BACKGROUND: The City owns and operates potable water, recycled water and sewer
systems and bills customers for these services. The City’s rules and regulations for its potable
water system are currently set forth in Resolution 2005-86 (A Resolution Adopting Rules and
Regulations Regulating the Sale of Water in the City of Rohnert Park and Chapters 13.04
(City Water System), 13.62 (Water Waste Regulations) and 13.66 (Water Shortage
Contingency Plan) of the Title 13 of the Rohnert Park Municipal Code. The City’s policy for
billing and collections for water and sewer bills is set forth in Chapter 13.44 (Billing and
Payment of Water and Sewer Charges) of Title 13 of the Rohnert Park Municipal Code. The
City currently administers its recycled water system through various user agreements that
outline rules, regulations and some aspects of billing and collection.
ANALYSIS: Staff is proposing to replace one resolution and four municipal code sections with
five new municipal code sections that more accurately reflect current state and federal policy and
best operational practices. The update is intended to:
• support the operation of the City’s potable water and recycled water systems;
• support an application for coverage under the state’s General Water Recycling Permit;
and
• provide policy direction and consistency for billing and collection of potable water,
recycled water and sewer rates and charges.
The Council introduced the proposed ordinance on September 12, 2017.
Each of the new municipal code sections is described below.
Chapter 13.02 – City Water System replaces portions of Resolution 2005-86 as well as Chapters
13.04, 13.62 and 13.66 of the Municipal Code. The Chapter outlines the City’s authority and
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. 6D1
2
operational standards for its water system, including provisions for extending service to new
customers. While the Chapter largely incorporates the provisions of Resolution 2005-86, it
removes some provisions that conflicted with the billing and collection process described in
Chapter 13.44 of the Municipal Code.
Chapter 13.03 – City Recycled Water System is a new chapter. This chapter largely incorporates
the provisions of proposed Chapter 13.02, ensuring the potable water and recycled water systems
are administered in a similar fashion. Three unique elements of this section are as follows:
• 13.03.050 – Regulatory Authority and Requirement to Connect, which preserves the
City’s authority to require new customers to use recycled water when it is available.
• 13.03.06 – Recycled Water Users Guide, which provides the City Manager or his
designee with the responsibility and authority to keep and update a current set of site
specific user requirements, ensuring compliance with state law.
• 13.03.07 – Recycled Water Agreement, which provides for the use of an agreement as the
primary device for providing recycled water and setting recycled water customer costs.
• 13.03.08 – Designation of Site Supervisor, which requires customers to designate and
maintain a site supervisor as required by state law.
Chapter 13.04 – Cross Connection Regulations largely brings forward the City’s cross
connection program from Resolution 2005-086, with some modification and streamlining to
reflect current practice. The City is required by state law to maintain a cross connection program
in order to ensure that any contamination that may occur on private property, as a result of
interconnected plumbing systems, does not make its way into the public system. The cross
connection regulations are an important protection to public health and a critical component of
any recycled water program. By including the program in the Municipal Code, rather than in a
resolution, staff will have more and broader authority to enforce these provisions.
Chapter Section 13.05 – Water Waste and Water Shortage Contingency Plan replaces current
Chapters 13.62 and 13. 66 of the Municipal Code and includes the City’s water waste provisions
and water shortage contingency plan. A significant change is that where current Chapter 13.66
includes the whole of the City’s water shortage contingency plan within the body of the
municipal code, the proposed Chapter 13.02 refers directly to the Water Shortage Contingency
Plan adopted every five years with the City’s Urban Water Management Plan. Staff is proposing
this because, as a result of the most recent drought, the State of California has been promulgating
fairly regular updates to the requirements for water shortage contingency plans. The Water
Shortage Contingency portions of the Urban Water Management Plan can be updated by
resolution, which is simpler than modifying the Municipal Code. Staff believes this proposed
change will both reduce the City’s workload and allow it to more responsively accommodate
both state mandates and local conditions related to water shortages.
Chapter 13.06 – Water and Recycled Water System Violations and Enforcement brings forward
and streamlines provisions of Resolution 2005-86 and current Municipal Code Chapter 13. 44.
The intent is to ensure that violation and enforcement provisions for both the potable and
recycled water systems are located in one municipal code chapter and applied uniformly to both
systems.
Chapter 13.44 – Water, Sewer and Recycled Water System – Service Charges replaces current
Chapter 13.44 and portions of Resolution 2005-86 that relate to service charge and billing
practices. The goal of this section is to again ensure that the City’s policies for setting charges,
ITEM NO. 6D1
3
sending bills and collecting on delinquent accounts are found in one municipal code chapter and
applied as uniformly as possible. This new chapter proposes one significant change to the City’s
current billing practices. Under the current ordinance, owners of vacant premises may apply for
an exemption from all water and sewer service charges while the premises are vacant, which
reduces the fixed operational revenue available to both the water and sewer utility. The proposed
ordinance would require owners of a vacant premise to pay the fixed component of water service
charge and the baseline sewer charge. This ensures that all customers support the fixed costs of
utility operation. Under both the current and proposed ordinances, owners of vacant premises
would have no liability for the variable, or use based, portions of the water and sewer charge, as
long as there was no water use.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal C –
Ensure the Effective Delivery of Public Services.
OPTIONS CONSIDERED: None. The proposed Municipal Code updates are necessary to
support efficient operation of the City’s potable water and recycled water systems and consistent
billing and collection practices across all three of the City’s utility system.
FISCAL IMPACT/FUNDING SOURCE: Staff anticipates that the proposed modifications
will have a beneficial impact on the City by streamlining and clarifying policy around the utility
systems and reducing conflicts between policy documents. The potable water, recycled water and
sewer systems are supported by the respective enterprise funds and costs associated with
administering and enforcing the municipal code provisions will come from the enterprise funds.
Department Head Approval Date: 09/15/2017
Finance Director Approval Date: NA
City Attorney Approval Date: NA
City Manager Approval Date: 09/18/2017
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California Repealing Resolution 2005-86 and
Chapters 13.04, 13.44, 13.62 and 13.66 of Title 13 of the Rohnert Park Municipal Code and
Adding Chapters 13.02, 13.03, 13.04, 13.05, 13.06 and 13.44 to Title 13 of the Rohnert Park
Municipal Code Related to the City’s Potable Water, Recycled Water and Sewer Systems
Ord. 910 Page 1 of 3
ORDINANCE NO. 910
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, REPEALING
RESOLUTION 2005-86 AND CHAPTERS 13.04, 13.44, 13.62 AND 13.66 OF TITLE 13
OF THE ROHNERT PARK MUNICIPAL CODE AND ADDING CHAPTERS 13.02,
13.03, 13.04, 13.05, 13.06 AND 13.44 TO TITLE 13 OF THE ROHNERT PARK
MUNICIPAL CODE RELATING TO THE CITY’S POTABLE WATER, RECYCLED
WATER AND SEWER SYSTEMS
WHEREAS, the City owns and operates potable water and sewer systems and has recently
accepted ownership of and operational responsibility for a recycled water system from the City of
Santa Rosa; and
WHEREAS, the City is responsible for ensuring compliance with state and federal laws
with respect to these systems for the preservation of public health and environmental quality; and
WHEREAS, in accordance with state law, the City establishes and administers rates, fees,
and charges and bills customers for potable water, recycled water and sewer service; and
WHEREAS, the City’s rules and regulations for its potable water system are currently set
forth in Resolution 2005-86 and Chapters 13.04, 13.62 and 13.66 of the Title 13 of the Rohnert
Park Municipal Code; and
WHEREAS, the City currently administers the recycled water system through various user
agreements; and
WHEREAS, the City’s policy for billing and collections for water and sewer bills is set
forth in Chapter 13.44 of Title 13 of the Rohnert Park Municipal Code and billing for recycled
water service is administered through various user agreements; and
WHEREAS, the City desires to better consolidate its policies and regulations for its water
and sewer systems in order to facilitate compliance with state and federal laws and streamline
administration of its potable water, recycled water and sewer systems; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field
which has been fully occupied by state and federal law, including the Articles XIII C and D of the
California State Constitution, the California Waterworks Standards and the Porter Cologne Water
Quality Law.
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 September 12, 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.
Ord. 910 Page 2 of 3
SECTION 2. REPEAL OF RESOLUTION 2005-86
Resolution 2005-86, a Resolution Adopting Rules and Regulations Regulating the Sale of Water
in the City of Rohnert Park, is hereby repealed.
SECTION 3. REPEAL OF CHAPTERS 13.04, 13.44, 13.62 AND 13.64 OF TITLE 13 OF
THE ROHNERT PARK MUNICIPAL CODE
Chapter 13.04 – City Water System, Chapter 13.44 – Billing and Payment of Water and Sewer
Charges, Chapter 13.62 – Water Waste Regulations, and Chapter 13.66 Water Shortage
Contingency Plan, are hereby repealed.
SECTION 4. ADOPTION OF CHAPTERS 13.02, 13.03, 13.04, 13.05, 13.06 AND 13.44 OF
TITLE 13 OF THE ROHNERT PARK MUNICIPAL CODE
The City hereby adopts Section 13.02 – City Water System, Section 13.03 – City Recycled
Water System, Section 13.04 – Cross Connection Control, Section 13.05 – Water Waste and
Water Shortage Contingency Plan, Section 13.06 – Water and Recycled Water System –
Violation and Enforcement and Section 13.44 – Water, Sewer and Recycled Water System –
Service Charges, Billing and Collection, in substantially similar form as attached hereto and
incorporated herein as Exhibit A.
SECTION 5. ACTIONS TO EFFECTUATE AND CODIFICATION
The City Manager is hereby authorized and directed to take other actions on behalf of City, which
are not expressly and specifically reserved for the City Council, to implement and effectuate this
ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the
legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to
resolve any numbering conflicts accordingly.
SECTION 6. SEVERABILITY
The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of
this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance
is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality
shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences,
clauses, or phrases.
SECTION 7. 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.]
Ord. 910 Page 3 of 3
This ordinance was introduced by the Council of the City of Rohnert Park on September 12, 2017
and adopted on September 26, 2017 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
__________________________________
Jake Mackenzie, Mayor
ATTEST:
__________________________________
Caitlin Saldanha, Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Michelle Marchetta Kenyon, City Attorney
EExhib i
1
Exhibit A to Ordinance Contents
Chapter 13.02 – City Water System.............................................................................................................. 4
Sections: .................................................................................................................................................... 4
13.02.010 - Established. ............................................................................................................................ 4
13.02.020 – Purpose. ................................................................................................................................. 4
13.02.030 – General Provisions. ............................................................................................................... 4
13.02.040 – Ownership, Responsibility & Maintenance. ......................................................................... 5
13.02.050 – Extension of Distribution Mains. .......................................................................................... 5
13.02.060 – Installation of Service Connections. ..................................................................................... 6
13.02.070 – Meters. .................................................................................................................................. 6
13.02.080 – Control Valve on the Customer Property. ............................................................................. 7
13.02.090 – Groundwire Attachments. ..................................................................................................... 7
13.02.110 – Temporary Service. ............................................................................................................... 7
Chapter 13.03 - City Recycled Water System .............................................................................................. 9
Sections: .................................................................................................................................................... 9
13.03.010 – Established. ........................................................................................................................... 9
13.03.020 – Purpose. ................................................................................................................................. 9
13.03.030 – General Provisions. ............................................................................................................... 9
13.03.040 – Definitions. ............................................................................................................................ 9
13.03.050 – Regulatory Authority and Requirement to Connect. ........................................................... 10
13.03.060 – Recycled Water Users Guide. ............................................................................................. 10
13.03.070 – Recycled Water Agreement. ............................................................................................... 10
13.03.080 – Designation of Site Supervisor. .......................................................................................... 10
13.03.090 – Operation and Maintenance of Customer Equipment. ........................................................ 10
13.03.100 – Backflow Prevention on Recycled Water Systems. ............................................................ 11
Chapter 13.04 - Cross Connection Regulations .......................................................................................... 12
Sections: .................................................................................................................................................. 12
13.04.010 – Purpose. ............................................................................................................................... 12
13.04.020 - General Provisions. .............................................................................................................. 12
13.04.030 – Definitions. .......................................................................................................................... 12
13.040.040 - Requirements for Backflow Prevention Devices. .............................................................. 14
EExhib i
2
13.04.050 - Ownership of Backflow Devices. ....................................................................................... 15
13.04.060 - Type of Protection Required. ............................................................................................... 15
13.04.070 – Installation of Backflow Devices. ....................................................................................... 22
13.04.080 - Testing, Maintenance and Repair of Backflow Devices. ..................................................... 22
Chapter 13.05 - Water Waste and Water Shortage Contingency Plan ........................................................ 23
Sections: .................................................................................................................................................. 23
13.05.010 - Purpose. ............................................................................................................................... 23
13.05.020 - Nonessential uses. ................................................................................................................ 23
13.05.030 - Water Shortage Contingency Plan. ...................................................................................... 23
13.05.040 - Exempt Water Uses. ............................................................................................................ 24
13.05.050 – Exceptions. .......................................................................................................................... 24
Chapter 13.06 - Water and Recycled Water Systems - Violations and Enforcement ................................. 25
Sections: .................................................................................................................................................. 25
13.06.010 – Violation – General Provisions. .......................................................................................... 25
13.06.020 – Violation - Tampering with City Property. ......................................................................... 25
13.06.030 - Violation – Termination of Service. .................................................................................... 25
13.06.040 – Violation – Additional Remedy. ......................................................................................... 26
13.06.050 – Violation – Appeal. ............................................................................................................. 26
Chapter 13.44 – Water, Sewer and Recycled Water Service Charges, Billing and Collection .................. 27
Sections: .................................................................................................................................................. 27
13.44.010 - Purpose and Authority. ........................................................................................................ 27
13.44.020 –Definitions. ........................................................................................................................... 27
13.44.030 - Water, Recycled Water and Sewer - Rates for Service. ...................................................... 28
13.44.040 - Charges for New Installations, Meters and Special Charges ............................................... 28
13.44.050 – Charges when Meter Is Inoperative .................................................................................... 28
13.44.060 – Charges for Vacant Premises .............................................................................................. 28
13.44.070 – Application for Service and Deposit Required. .................................................................. 28
13.44.080 – Application for Service – Person with Outstanding Bills ................................................... 29
13.44.090 – Bills - Generally .................................................................................................................. 29
13.44.100 – Bills - Refunds .................................................................................................................... 29
13.44.110 - Delinquent Bills – Courtesy Notice ..................................................................................... 30
13.44.120 - Delinquent Bills – Service Disconnections ......................................................................... 30
13.44.130 – Delinquent Bills – Authority to Assess Penalties ............................................................... 30
EExhib i
3
13.44.140 – Delinquent Bills – Collection Agency Charges .................................................................. 30
13.44.150- Delinquent Bills – Property Owner Liability and Lien ......................................................... 30
13.44.160 Delinquent Bills – Formal Notice and Hearing...................................................................... 30
13.44.170 – Charges as Lien ................................................................................................................... 31
13.44.180 - Recordation of lien. ............................................................................................................. 31
13.44.190 - Separate remedies. ............................................................................................................... 31
EExhib i
4
Chapter 13.02 – City Water System Sections: 13.02.010 - Established.
There is established in the city a public water supply system to be known as the Rohnert Park
potable water system which shall include all facilities for the production and distribution of water
and all improvements, additions, extensions thereto. 13.02.020 – Purpose.
The purpose of the Rohnert Park potable water system is to provide a source of water for the
inhabitants of the city. Extension of water service beyond city limits shall only be permitted upon
approval of the city council. The city council shall not approve the extension of water service
unless it finds the city has sufficient water supply and sewer treatment capacity to accommodate
its current customers and the growth anticipated per the General Plan. 13.02.030 – General Provisions.
A. The city has the sole right supply water within its city limits. No person, firm,
corporation or institution shall drill, construct or cause to be constructed any well
within the city of Rohnert Park.
B. The city council shall by resolution establish rates for the sale of water, connection
fees, and any other such other fees, standards, rules and regulations as may be
necessary for the administration and operation of the Rohnert Park city water system.
C. The city will not be liable for interruption, shortage, or insufficiency of supply, or
for any loss or damage occasioned thereby caused by accidents, or acts of God,
fire, strikes, riots, war, power outages or any other causes.
D. The city, whenever it shall find it necessary or convenient for the purpose of
making repairs or improvements to its system, shall have the right to
temporarily suspend delivery of water and it shall not be liable for any loss or
damage occasioned thereby.
E. Applications for water service will be made. Such application will signify the
applicant's willingness and intention to comply wi th all regulations or rates duly
adopted by the city, and to make payment for services rendered.
F. All applicants for service connections or water service shall be required to accept
such conditions of pressure and service as are provided by the distribution
system at the location of the proposed service connection, and to hold the city
harmless for any damages arising out of low pressure or high pressure conditions
or interruptions in service.
G. If application is made for service to property where no service connection has been
installed, but a distribution main is adjacent to the property, the applicant, in addition
to making application for service, shall comply with the regulations and standards
governing the installation of service connections.
H. No customer shall permit the use or resale of any of the water received.
I. Representatives of the city shall carry proper identification upon exhibition of which,
they shall have the right of ingress and egress to the customer premises as necessary
EExhib i
5
to ensure the provision of water service and the protection of public health and safety. 13.02.040 – Ownership, Responsibility & Maintenance.
A. The city owns all water distribution pipelines located in streets, highways, public
ways, alleys, right-of-ways or easements which are used to serve the general
public. When water distribution pipelines are planned to be extended, in
accordance with Section 13.02.050, the owner of the lands upon which future
pipelines are to be located, shall as a prerequisite to service grant easements unto
the city for said purposes.
B. The service connection including the meter and the meter box, whether located on
public or private property, is the property of the city and no part of the cost thereof
will be refunded to the applicant. The city reserves the right to repair, replace and
maintain said service connections, as well as to remove them upon discontinuance
of service.
C. Water lines beyond the city’s service connections belong to the property owner
and must be maintained in proper condition by the property owner.
D. The property owner, or designee, shall, at its own risk and expense, furnish, install
and keep in good and safe condition all equipment that may be required for
receiving, controlling, applying and utilizing water beyond the service connection.
E. The city shall not be responsible for any loss or damage caused by the improper
installation of such equipment beyond the service connection, or the negligence or
wrongful act of the customer or of any of his tenants, agents, employees,
contractors, licensees, or permitees in installing, maintaining, operating or
interfering with such equipment installed beyond the service connection.
F. The city shall not be responsible for damage to property caused by faucets, valves
and other equipment that are open when water is turned on at the meter, either
originally or when turned on after a temporary shutdown.
G. The customer shall use all reasonable care to prevent damage to the meter or
any other facilities loaned by the city that are used in furnishing the service
from the time they are installed until they are removed. If meters or other
facilities are damaged by the customer, the cost of making repairs shall be
paid by the customer, except to the extent that the city caused or contributed
to the damage.
H. The customer shall be liable for any damage to the city-owned customer water
service facilities when such damage is from causes originating on the premises
by an act of the customer or his tenants, agents, employees, contractors,
licensees or permitees, including the breaking or destruction of locks by the
customer or others on or near a meter, and any damage to a meter that may
result from hot water or steam from a boiler or heater on the customer’s
premises. The city shall be reimbursed by the customer for any such damage. 13.02.050 – Extension of Distribution Mains.
A. Applications for extension of distribution mains shall be made. Such application
will signify the applicant’s willingness and intention to comply with all
regulations or rates duly adopted by the city, and to make payment for services
rendered.
B. The extension of distribution mains may be accomplished by either the applicant
EExhib i
6
or the city, but in all cases must be approved as to design and location by the city
Engineer prior to installation. Where installation is made by the applicant, plans
must be prepared by a licensed professional only, and the city will provide
inspection services to assure installation according to approved plans. The cost of
the extension shall be borne by the applicant. The cost of city inspection shall be
borne by the applicant.
C. When the city requires the installation of a water main which is larger than that
necessary to serve the applicant, the city may, in its sole discretion, enter into an
agreement with the applicant whereby the applicant shall recover the excess cost
through a reimbursement arrangement. The reimbursement may be by way of
credits against connection or capacity charges, to the extent allowed by state
law, or from other persons at the time of connection to said main. The city may,
at its sole discretion, contribute a portion of the costs of main extensions.
D. Applicant shall guarantee all costs and charges specified herein prior to
commencement of work. Such deposit or security shall be in an amount equal to
the estimated cost together with any appropriate contingency, approved by the
city engineer. If the applicant’s guarantee is in cash, any cash balance remaining
upon completion of the work shall be refunded to the applicant. 13.02.060 – Installation of Service Connections.
A. Water service connections will be installed in the size and at the location specified
by the city. Service connections will be made only to property abutting on public
streets, alleys, right-of-ways, or easements.
B. Installation charges shall be in accordance with the rates established by the city’s
fee schedule.
C. For multifamily residential and non-residential services connections, the applicant
shall arrange for the installation of the water service connections by an approved
contractor. Said installation will be in accordance with the standards set forth by
the city and will be subject to city approval. 13.02.070 – Meters.
A. Meters are required for all users.
B. For commercial and industrial development, separate meters shall be
installed for each portion of the property that is or could be used or
occupied by a different customer class.
C. For all development, except single family residential development, irrigation
water shall be separately metered.
D. Meters will be installed at accessible locations at the curb, or at the property
line, in accordance with the city’s adopted standards. Owners shall be
responsible for maintaining area around meter to provide adequate access.
E. Upon installation, meters will become the property of the c ity. No rents or
other charges will be paid by the c ity for a meter or other facilities, including
housing and connections, located on a customer’s premises.
F. All meters may be sealed by the city at the time of installation, and no seal shall
be altered or broken except by an authorized city employee.
G. Meters or services moved for the convenience of the customer will be relocated at
the customer’s expense. Meters or services moved to protect the city’s property
EExhib i
7
will be moved at the city’s expense.
H. The cost of a change in the size of a meter on an existing service will be paid for
by the customer.
I. All meters will be tested prior to installation by the water meter manufacturer and
no meter will be installed unless the accuracy is within one and one-half percent
(1.5%) of being one hundred percent (100%) accurate.
J. If a customer desires to have the meter serving their premises tested, the customer
shall pay a meter check fee, as established by the city’s fees schedule.
K. If a meter tested at the request of a customer is found to be more than five percent
(5%) slow, the city may bill the customer for estimated consumption. Such estimates
will be made in Section 13.44.050 and will take into account the payments the
customer has made.
L. If a meter is found to be non-registering due to any cause, except the non-use of
water, the charges for service will be based on the estimated consumption. Such
estimates will be made in Section 13.44.050. 13.02.080 – Control Valve on the Customer Property.
The customer shall provide a valve on its side of the service installation as close as is
practical to the meter location, street, highway, alley or easement in which the water main
serving the customer’s property is located, to control the flow of water to the piping on his
premises. The customer shall not use the service curb stop to turn the water on and off for
his convenience. 13.02.090 – Groundwire Attachments.
All persons are forbidden to attach any ground wire or wires to any plumbing which is
or may be connected to a service connection or main belonging to the city. The c ity
will hold the customer liable for any damage to its property occasioned by such ground
wire attachments. 13.02.110 – Temporary Service.
A. Temporary service may be provided from the potable water system through an
approved hydrant meter, unless an alternative method is specifically approved by
the city engineer.
B. Applications for temporary water service will be made. Such application will
signify the applicant’s willingness and intention to comply with all regulations or
rates duly adopted by the city, and to make payment for services rendered.
C. The rates and meter rental fees for temporary water service, including any applicable
deposits, shall be established as part of the city’s rate schedule.
D. All hydrant meters, or other forms of temporary connection, shall be installed by
the city or a licensed contractor and shall be operated in accordance with
instructions.
E. The customer shall use all possible care to prevent loss or damage to the hydrant
meter or to any other loaned facilities of the city which are involved in furnishing
the temporary service from the time they are installed until they are removed.
F. If the meter or any other equipment is lost, damaged or stolen, the meter rental fee,
including any applicable deposit, shall be forfeited.
G. Tampering with any fire hydrant for the unauthorized use of water there from, or for any
EExhib i
8
other purpose is a misdemeanor, punishable by law and subject to the penalties outlined
in Section 13.06.
EExhib i
9
Chapter 13.03 - City Recycled Water System Sections: 13.03.010 – Established.
There is established in the city a public recycled water supply system to be known as the Rohnert
Park city Recycled Water System which shall include all facilities for the distribution of recycled
water including all improvements, additions, extensions thereto. 13.03.020 – Purpose.
The purpose of the Rohnert Park recycled water system to provide an alternative water supply
source for the inhabitants of the city, in accordance with the city’s agreement with its wholesale
suppliers. The city shall not permit the extension of recycled water service beyond its limits. 13.03.030 – General Provisions.
The Rohnert Park recycled water system shall be operated under the provisions of Section 13.02,
which govern the Rohnert Park potable water system, except that the city council shall set
applicable recycled water rates and connection fees through an approved form of a Recycled
Water Agreement. 13.03.040 – Definitions.
For the purposes of this chapter, the following words and phrases will have the meanings
respectively ascribed to them in this section:
A. “Approved uses” means the uses defined in the city’s Recycled Water User’s Guide or by
state law as being approved for use of tertiary treated recycled water.
B. “Customer,” “Consumer,” or “User” means a person or entity having a connection into
the recycled water system or potable water system owned and operated by the city.
C. “On-site recycled water system” means that portion of the recycled water system on the
consumer’s premises which begins at the coupling on the consumer’s side of the water
meter.
D. “Potable water” means water which meets the federal, state and local standards for
human consumption and is approved for human consumption.
E. “Recycled water” means tertiary treated water which results from the treatment of
wastewater, is suitable for direct beneficial use, and conforms to the definition of
disinfected tertiary recycled water in accordance with state law.
F. “Recycled Water Agreement” means the agreement between the city and the customer
which grants permission to use recycled water and requires the customer to use recycled
water in accordance with the rules, regulations and standards of the Recycled Water
User’s Guide and all applicable state and local rules and regulations.
G. “Recycled Water User’s Guide” means city’s document which details the requirements of
the state and local rules and regulations that apply to the design, installation, and
operations and maintenance of the on-site recycled water system, including but not
limited to the requirements of the California Code of Regulations, Title 22.
EExhib i
10
13.03.050 – Regulatory Authority and Requirement to Connect.
A. The State of California has declared that the use of potable water for non-potable uses is a
waste or unreasonable use of water if recycled water is available.
B. All new applicants for water service whose properties may be served by recycled water,
shall connect their property to recycled water service for those uses for which the use of
potable domestic water would be deemed a waste or unreasonable use of water as
specified in Division 7, Chapter 7, of the California Water Code (Section 13550 et. seq.)
and the state and local regulations promulgated pursuant thereto.
C. All customers are liable for the cost of connecting plumbing at the point of connection as
determined by the city and any costs of making private plumbing and irrigation systems
conform to state health standards.
D. Failure of a new customer to accept service of recycled water when it is made available,
where use of potable water would otherwise be deemed a waste or unreasonable use of
water, shall be grounds for termination of the customer’s potable water service.
E. Failure of a recycled water customer to comply with the conditions specified for its use
shall be deemed a violation and shall be subject to enforcement as outlined in Section
13.06. 13.03.060 – Recycled Water Users Guide.
The city will at all times have a Recycled Water User’s Guide which will be prepared,
maintained and updated by the city engineer, or designee. The purpose of the Recycled Water
User’s Guide is to detail the requirements of the following rules and regulations as they apply to
the city Recycled Water System, this chapter, the California Code of Regulations Title 22, and
other State and local rules and regulations related to the use of recycled water as they may be
adopted or changed from time to time. 13.03.070 – Recycled Water Agreement.
The city will enter into Recycled Water Agreement with each recycled water customer, which
grants permission to use recycled water and requires the customer to use recycled water in
accordance with the rules, regulations and standards of the Recycled Water User’s Guide and all
applicable State and local rules and regulations. 13.03.080 – Designation of Site Supervisor.
Each customer shall designate a Site Supervisor for each site covered by a Recycled Water
Agreement. The Site Supervisor must serve as a liaison with the city, and must have the authority
to carry out the requirements of the Recycled Water User’s Guide and Recycled Water
Agreement including the operations and maintenance of the on-site recycled water system and
prevention of potential hazards. 13.03.090 – Operation and Maintenance of Customer Equipment.
Each customer is required to operate and maintain the on-site recycled water system in
accordance with the Recycled Water User’s Guide and Recycled Water Agreement.
Notwithstanding compliance with this section, the city reserves the right to take any action
necessary with respect to the operation of the customer’s recycled water system to safeguard
public health.
EExhib i
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13.03.100 – Backflow Prevention on Recycled Water Systems.
The city reserves the right to require a backflow prevention device on the customer’s recycled
water system if it is determined that there is a backflow hazard on-site. If a backflow device is
required, it must be properly maintained by the customer, inspected quarterly and tested at least
annually. All required tests must be submitted to the city in accordance with the city backflow
prevention program.
EExhib i
12
Chapter 13.04 - Cross Connection Regulations Sections: 13.04.010 – Purpose.
This chapter provides for a reasonable and effective means of protecting the city potable water
system, and where appropriate its recycled water system, from backflow, in compliance with the
California Code of Regulations, Title 17, Division 1, Chapter 5. 13.04.020 - General Provisions.
A. It is the customer’s responsibility to protect the water quality in its system when
the city requires a backflow prevention assembly to protect the public system.
B. New potable water service connections shall be installed and existing potable water
service connections shall be upgraded to conform to these requirements.
C. Wherever backflow protection has been found necessary on a water supply line
entering a customer's premises, then any and all water supply lines from the city's
mains entering such premises, buildings, or structures shall be protected by an approved
backflow prevention assembly.
D. The provisions and requirements of this chapter are the minimum requirements. Where
this chapter imposes a greater restriction than is imposed or required by other laws, rules,
regulations, standards or ordinances, of or applicable to the city, the provisions of this
chapter shall control and be applied; where such other laws, rules, regulations, standards
or ordinances are more restrictive, they shall control and be applied. 13.04.030 – Definitions.
A. “Approved” means accepted by the city as meeting applicable specifications or as
suitable for the proposed use.
B. “Approved Device” means a backflow-prevention device which is manufactured in full
conformance with the standards established by the American Water Works Association
(AWWA) and has completely met the laboratory and field performance specifications of
the Foundation for Cross-Connection Control and Hydraulic Research (FCCC&HR) of
the University of Southern California.
C. “Auxiliary Water Supply” means any water supply on or available to premises
other than potable water supplied by the city potable water system.
D. “AWWA Standard” means a standard developed and approved by the American Water
Works Association.
E. “Backflow” means the flow of water or other liquids, mixtures or substances, under
positive or reduced pressure from the customer’s system into the city potable water
system.
F. “Backflow Prevention Assembly” means an assembly or means designed to prevent
backflow or back-siphonage. Backflow prevention assemblies included the
following devices:
a. “Air Gap Separation (AG)” which is a physical break between the service
connection and a receiving vessel on the customer’s system, where all piping
between the service connection and the receiving vessel is entirely visible and
the air-gap separation is greater than one-inch and at least double the diameter
of the supply pipe, measured vertically from the flood rim of the customer’s
EExhib i
13
receiving vessel to the supply pipe from the service connection.
b. “Reduced Pressure Principle Backflow Prevention Assembly (RP)” is an
assembly consisting of two independently operating check valves with an
automatically operating differential relief valve located between the two checks,
a tightly closing shut-off valve on each side of the check valve assembly, and
properly located test cocks for the testing of each check valve and the relief
valve.
c. “Double Check Valve Assembly (DC)” is an assembly of two independently
operating, spring loaded check valves with tightly closing shut-off valves on
each side of the check valve assembly and properly located test cocks for the
testing of each check valve.
G. “Backpressure” means a condition in which the owner's system pressure is
greater than the city water system pressure.
H. “Back-Siphonage” means the flow of water or other liquids, mixtures or substances
from the customer’s system into the city potable water system caused by a
reduction or loss of pressure within the city potable water system.
I. “Certified tester” means:
a. A person who is certified by the city to perform testing of backflow prevention
devices, who has completed training and received certification by an AWWA
sponsored backflow device testing certification program or the University of Southern
California Backflow Prevention Device Testing School and who possesses a valid
city business license.
b. A service representative of the manufacturer of the backflow-prevention device
approved by the Engineer and possessing a valid city business license.
c. All City personnel, as authorized by the Engineer.
J. “City”: means the city of Rohnert Park, California.
K. “City Potable Water System” means the potable water distribution system owned and
operated by the city, including the service connection to a potable water main.
L. “Contamination” means an impairment of the quality of the water supply of the city
potable water system by sewage, industrial fluids or waste liquids, compounds or other
materials to a degree which creates an actual hazard to the public health through
poisoning or through the spread of disease.
M. Cross-connection” means an unprotected actual or potential connection between the city
potable water system and any source or system within a customer’s premises and/or
customer’s system which contains water or any substance that is not or cannot be
approved as a potable water supply. Bypass arrangements, jumper connections,
removable sections, swivel and changeover devices, or other devices through which
backflow or back-siphonage could occur, shall be considered to be cross-connections.
N. “Customer” or “User” means any person obtaining water from the city water supply
system.
O. “Customer’s System” means the potable water piping system located immediately
downstream from a meter.
P. “Degree of Hazard” means the potential risk to public health and the adverse effect
of the hazard upon the potable water system.
Q. “Engineer” means the city engineer of the city, or a designee.
R. “Health Agency” means the California Division of Drinking Water.
EExhib i
14
S. “Local Health Agency” means the Sonoma County Department of Health.
T. “Owner” means any person, who has legal title to, or a right to the use or
occupancy of, a property.
U. “Nonpotable Water” means water which is not safe for human consumption.
V. “Person” means any individual, partnership, company, public or private
corporation, political subdivision or agency of the United States State of California
or other governmental entity.
W. “Pollutant” means a foreign substance that, if permitted to get in the public water system,
will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or
quality of the water to a degree which does not create an actual hazard to the public health
but which does adversely and unreasonable affect such water for domestic use..
X. “Potable water supply: means a water supply which, according to recognized standards
and the public health authority having jurisdiction, is safe for human consumption.
Y. “Pollution” means an impairment of the quality of the potable water supply of the city.
Z. “Premises” means a piece of land together with such buildings and
appurtenances located thereon.
AA. “Recycled Water” means water which, as a result of treatment of waste, is suitable
for uses other than potable use.
BB. “Service Connection” or “User Connection” means the water piping system and/or
meter connecting the city potable water system to the customer’s system. 13.040.040 - Requirements for Backflow Prevention Devices.
A. To comply with the California Code of Regulations, the city requires the installation of
approved backflow prevention assemblies or air gaps, by and at the expense of the
Owner, when the degree of hazard in the customer’s system so warrants, as solely
determined by the city.
B. Backflow prevention devices or air-gaps of a type, manufacture and design approved by
the Engineer shall be installed by the customer on the customer’s system in a location
approved by the Engineer in the following described categories:
a. Premises having an auxiliary water supply;
b. Premises and/or customer’s systems within which any substance is handled under
pressure or any other fashion that, in the opinion of the Engineer, could
potentially permit backflow or back-siphonage into the city potable water system,
including water that originated from the city water system;
c. Premises and/or customer’s systems which have more than one service connection
and which, in the opinion of the Engineer, contain cross-connections or the
potential for cross-connections which could result in the pollution or the
contamination of the city potable water system in the event of backflow or back-
siphonage;
d. Premises and/or customer’s systems which, in the opinion of the Engineer, contain
cross-connections or the potential for cross-connections which could result in the
pollution or contamination of the potable city water system in the event of
backflow or back-siphonage;
e. Premises and/or customer’s systems where, in the opinion of the Engineer, the
potential for contamination is such as to require an air-gap separation system;
f. Premises having a gray water use system as defined by California Code of
EExhib i
15
Regulations, Title 24, Part 5; and
g. Premises having a recycled water system as defined by the State of California
Code of Regulations, Title 22, Division 4, Chapter 3.
h. O n tank trucks and spray tanks of 49 gallons or more, that will connect to the
city's system.
i. All temporary water cross connections, including but not limited to the use
of fire hydrants or blow-offs for construction water, flushing lines, or
similar purposes. 13.04.050 - Ownership of Backflow Devices.
Backflow-prevention devices and air-gaps shall be and remain the property of the
customer. 13.04.060 - Type of Protection Required.
The type of backflow protection required shall be commensurate with the degree of hazard that
exists on the customer's premises. The minimum types of backflow protection required to protect
the public water supply, at the customer's water connection to premises with varying degrees of
hazard are given in Table 1. The Owner may choose a higher level of protection than required by
the city. Situations which are not covered in Table 1 shall be evaluated on a case by case basis
and the appropriate backflow protection shall be determined by the Engineer.
EExhib i
16
TABLE l
TYPE OF PROTECTION REQUIRED
Degree of Hazard Minimum Level
of Backflow
Prevention
A Sewage and Hazardous Substances
Premises where the public water system is used to supplement the recycled
water supply
AG
Premises where there are wastewater pumping and/or treatment plants and
there is no inter- connection with the potable water system. This does not
include a single family residence that has a sewage lift pump.
AG 1
Premises where recycled water is used and there is no interconnection with the
potable water system.
AG 1
Premises where hazardous substances are handled in any manner in which the
substances may enter a potable water system. This does not include a single
family residence that has a sewage lift pump
AG 1
Premises where there are irrigation systems into which fertilizers, herbicides,
or pesticides are, or can be, injected
RP
B Auxiliary Water Supplies
Premises where there is an unapproved auxiliary water supply which is
interconnected with the public water system.
AG 2
Premises where there is an unapproved auxiliary water supply and there are
no interconnections with the public water system
RP3
C Fire Protection Systems
Premises where the fire system is directly supplied from the public water
system and there is an approved auxiliary water supply on or to the
premises (not interconnected).
DC
Premises where the fire system is supplied from the public water system
and interconnected with an unapproved auxiliary water supply
AG 1
Premises where the fire system is supplied from the public water system
and where either elevated storage tanks or fire pumps which take suction
from the private reservoirs or tanks are used.
DC
D Premises where entry is restricted so that inspections for cross-
connections cannot be made with sufficient frequency or at sufficiently
short notice to assure that cross-connections do not exist.
RP
E Premises where there is a repeated history of cross- connections being
established or re-established
RP
F In the case of tankers and spray tanks of 49 gallons or more, including
but not limited to fire.
AG/RP
1 An RP may be provided in lieu of an AG if approved by the city and the health agency
2 A RP or DC may be provided in lieu of an AG if approved by the c ity and the health agency.
3 A DC may be provided in lieu of a RP if approved by the c ity and the health agency.
22
13.04.070 – Installation of Backflow Devices.
A. New Service Connections.
a. At the time of application for potable water service, the Engineer will review
said application to determine the need for a backflow-prevention device or air-
gap. If the Engineer determines that a backflow-prevention device or air-gap is
required, it shall be the customer’s responsibility at customer’s expense to
provide for installation of an approved backflow-prevention device or air-gap
in accordance with city standards and at a location approved by the Engineer.
b. Installation of a backflow-prevention device or air-gap, where required by the
city, shall be a condition of city potable water service and meter installation.
B. Existing Service Connections without Backflow- Prevention Devices or Air-Gaps. The
city may inspect the premises of existing customers which, in the opinion of the
Engineer, may require a backflow-prevention device or air-gap. If the Engineer
determines that a backflow-prevention device or air-gap is required, the installation of
an approved device or air-gap shall be a condition of continued potable water service
from the city potable water system to the premises and/or customer’s systems.
C. Upgrading of Existing Backflow-Prevention Devices or Air-Gaps. An existing
backflow-prevention device or air-gap which, in the opinion of the Engineer, is a non-
approved device or air-gap that does not provide adequate protection for the degree of
potential hazard from the backflow or back-siphonage from a premises and/or
customer’s systems, shall be upgraded at the customer’s expense. 13.04.080 - Testing, Maintenance and Repair of Backflow Devices.
A. The customer on any premises where backflow-prevention devices are installed shall be
responsible for maintenance and repair of the devices. The customer shall at all times
maintain the devices in proper working order as a condition of continued city potable
water service.
B. Customers’ backflow-prevention devices shall be inspected and tested by a certified
tester at least once a year. Where the Engineer determines that there is a potential for
backflow or back-siphonage, the Engineer may require inspection and testing of the
backflow-prevention devices at more frequent intervals. Inspections and tests shall be at
the customers’ expense.
C. Backflow-prevention devices which fail to pass inspection or testing by a certified tester
shall be repaired within 30 days after notification of test results.
D. Repairs and satisfactory retest of devices by a private certified tester shall be documented
and submitted on a form provided by the city.
23
Chapter 13.05 - Water Waste and Water Shortage Contingency Plan Sections: 13.05.010 - Purpose.
The purpose of this chapter is to promote the efficient use of the water and recycled water
supply provided by the city; to eliminate the intentional or unintentional waste of water when a
reasonable alternative solution is available; to prohibit the use of equipment that is wasteful
and to outline the city’s policy with respect to water shortages.
The provisions of this chapter shall apply to all persons, customers, and property served by the
city. 13.05.020 - Nonessential uses.
No customer of the city shall use or permit the use of city potable or recycled water supply for
the following nonessential uses:
A. The washing of sidewalks, walkways, driveways, parking lots and other hard-surfaced
areas by direct hosing, except as may be necessary to properly dispose of flammable or
other dangerous liquids or substances, wash away spills that present a trip and fall
hazard, or to reduce or eliminate materials dangerous to the public health and safety.
B. The escape of water through breaks or leaks within the customer's plumbing or private
distribution system for a period of time greater than seventy-two hours after discovery
of the break or leak or receipt of notice from the city.
C. Irrigation in a manner or to an extent which allows excessive runoff of water or
unreasonable over-spray of the areas being watered.
D. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not
equipped with a shutoff nozzle.
E. Water for non-recycling decorative water fountains.
F. Water for single pass evaporative cooling systems for air conditioning in all connections
installed after the effective date of this chapter, unless required for health or safety
reasons.
G. Water for new non-recirculating conveyor car wash systems.
H. Water for new non-recirculating industrial clothes washing systems. 13.05.030 - Water Shortage Contingency Plan.
The city will at all times have a Water Shortage Contingency Plan which will be prepared,
maintained and updated by the city engineer, or designee. The Water Shortage Contingency Plan
shall, at a minimum, be reviewed every five years in association with the approval of the city’s
Urban Water Management Plan.
The purpose of the Water Shortage Contingency Plan is to detail the voluntary and mandatory
actions that the city will require to respond to water shortages caused by drought or other natural
or manmade disaster. The Water Shortage Contingency Plan shall comply with State and local
rules and regulations related to drought and water shortages as they may be adopted or changed
24
from time to time. 13.05.040 - Exempt Water Uses.
All water use associated with the operation and maintenance of fire suppression equipment or
employed by the city for water quality flushing and sanitation purposes shall be exempt from
the provisions of this chapter. 13.05.050 – Exceptions.
Any customer of the city may make written application for an exception to the requirements of
this chapter. Said application shall describe in detail why applicant believes an exception is
justified based on unique hardship or circumstances. Generalized economic hardship alleged to
result from the provisions of this chapter shall not be a reason for granting an exception.
A. The city manager may grant exceptions for use of water otherwise prohibited by this
section, upon finding and determining that failure to do so would cause an emergency
condition affecting the health, sanitation, fire protection or safety of the applicant or
public; or, cause a unique, unnecessary and undue hardship on applicant or the public.
B. The decision of the city manager may be appealed to the city council by submitting a
written appeal to the city clerk within fifteen calendar days of the date of the decision.
If the exception is granted by the city council on appeal, the city council may impose
any conditions it determines to be just and proper. Exceptions granted by the city
council shall be prepared in writing and the city council may require the exception be
recorded at applicant's expense.
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Chapter 13.06 - Water and Recycled Water Systems - Violations and Enforcement Sections: 13.06.010 – Violation – General Provisions.
It is unlawful for any person, firm, corporation or institution to make or cause to refuse to
comply with the provisions of Chapters 13.02 through 13.05 of this Municipal Code, governing
the operation and use of the Rohnert Park city potable and recycled water systems. 13.06.020 – Violation - Tampering with City Property.
A. It is unlawful for any person, firm, corporation or institution to make or cause to be made
any connection with or to the city water system or recycled water system unless
authorized by the city.
B. No one except an employee or representative of the city shall at any time in any manner
operate the curb or main valves, or remove and/or tamper with locking devices of the
city's system; or interfere with meters or their connections, street mains or other parts of
the water system.
C. Penalty for tampering:
i. First Offense: $ 500.00
ii. Second Offense: $1,000.00
iii. Third Offense: $1,000.00
iv. Subsequent Offenses: $1,000.00 13.06.030 - Violation – Termination of Service.
A. The city may terminate water and/or recycled water service to a customer for
noncompliance with Section 13.02 through 13.05 of this Municipal Code and any other
adopted ordinances, rules and regulations of the city, if the customer fails to comply
within five (5) days after receiving written notice of the city's intention to discontinue
service.
B. The city may terminate water and/or recycled water service immediately and
without notice to the customer when the customer's noncompliance constitutes an
immediate danger to the health, safety and welfare of the public and/or to the
operation, maintenance, or costs of operation and maintenance of the city's water
or recycled water systems.
C. The city may refuse to furnish water and/or recycled water and may terminate water
and/or recycled water service to any premise where apparatus, appliances, or equipment
using water and/or recycled water furnished by the city are dangerous, unsafe, or not in
conformity with any laws, ordinances and/or rules of the city, county, state or federal
government.
D. The city may refuse to furnish water and/or recycled water and may terminate water
and/or recycled water service to any customer whose current demand greatly exceeds past
averages or seasonal use, and where such current demand threatens the public health,
safety of welfare and the city's ability to provide service to one or more other customers.
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13.06.040 – Violation – Additional Remedy.
A. Any violation of Sections 13.02 through 13.05 of this Municipal Code and any other
adopted ordinances, rules and regulations of the city shall be enforced as an infraction
in accordance with Chapter 1.24 of this Code. Every day any violation of this chapter
continues is a separate offense.
B. As an additional remedy, the violation of any provision of this chapter by any person
who has received more than one written warning to refrain from the same or any other
violation under this chapter in one calendar year shall be deemed and is declared to be a
public nuisance and may be subject to abatement in accordance with Chapter 1.24 of
this Code. 13.06.050 – Violation – Appeal.
Any person or customer of the city may make a written appeal of any alleged violation of
Chapters 13.02 through 13.05 of this Municipal Code in accordance with procedures outlined
in Chapter 1. 25 of this Code.
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Chapter 13.44 – Water, Sewer and Recycled Water Service Charges, Billing and Collection Sections: 13.44.010 - Purpose and Authority.
This chapter establishes the rules and regulations for billing and collection of water, sewer and
recycled water service charges including, but not limited to, requirements for security deposits,
and maintenance of service, customer responsibilities, prohibited acts and penalties, adjustments
of billings, and service discontinuance. 13.44.020 –Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings
respectively ascribed to them in this section.
A. “Billing period” means the period of time between meter readings for which a customer
is billed.
B. “Charge” or “rate” means the amount of money to be paid by the person liable to the city
for potable, recycled water, and sewer services.
C. “Customer” or “consumer” means any persons liable for a connection into the potable
water, recycled water or sewer systems.
D. “Permanent water service” means the installation of a permanent (non-temporary) city
water meter in an approved water meter box accompanied by a request to the city by the
property owner, agent, or tenant to establish a permanent connection for service by the
potable water system or recycled water system.
E. “Potable water system” means the system of pipelines, pump stations and appurtenances
owned and operated by the city and which delivers water for human consumption.
F. “Recycled water system” means the system of pipelines, pump stations and
appurtenances owned and operated by the city and which delivers, for approved uses,
non-potable tertiary treated recycled water as defined by State law.
G. “Fixed monthly service charge” means the fixed charge to be paid by persons liable for
each and every connection to and/or use of the city recycled water, potable water and/or
sewer system based upon the size of the water meter. This includes both fixed charges
dedicated to system operations and fixed charges dedicated to capital replacement or
reserves.
H. “Service or water service” means a connection through which potable or recycled water
is supplied or is available to a person from and out of the potable or recycled water
system owned and operated by the city.
I. “Service lateral” means that portion of the potable or recycled water system which
extends from the city water main to the coupling immediately beyond the meter box on
the consumer’s premises.
J. “Sewer cap” means sewer charges for customers based on metered consumption of water
as determined by averaging usage during winter billing periods occurring during the
months of December through February and in accordance with policies, rules, or
regulations approved by the city council.
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13.44.030 - Water, Recycled Water and Sewer - Rates for Service.
A. The city council shall adopt water and sewer rates by Resolution. Water and sewer rates
may include both fixed and variable components in order to allow the city to recover its
costs for the provision of service. Water and sewer service charges are separately stated
and billed upon the same bill.
A. The city council shall impose recycled water rates through agreement. Recycled water
rates shall generally conform to the policies of the Santa Rosa Subregional System, the
city’s recycled water producer. Recycled water services charges may be billed with water
and sewer service charges or may be separately billed.
B. Water Shortage Charges - At any time the city council declares a water shortage
emergency and implements water rationing stages 2, 3 or 4 pursuant to its current,
adopted urban water shortage contingency plan, any water shortage rates structure,
adopted by the city council will be applied to all potable water accounts. 13.44.040 - Charges for New Installations, Meters and Special Charges.
In addition to its rates for service, the city council, by Resolution, may adopt uniform installation
charges for all new services and connections, including the cost of meters and special charges for
special services rendered. Such charges may be amended and varied from time to time; provided,
that all such charges shall reasonably reflect the total actual cost and expense of the service
performed or materials supplied. 13.44.050 – Charges when Meter Is Inoperative.
If a meter fails to register due to any cause except the nonuse of potable or recycled water, the
charge for potable or recycled water will be estimated based on previous consumption for a
comparable period or by such other method as is determined by the city. In the preparation of
such averaged bills, due consideration will be given to fluctuations caused by seasonal changes
or any interruption to the service known to have occurred. 13.44.060 – Charges for Vacant Premises.
If a property is vacant, the fixed component of the water and sewer service charge will be billed
to the property owner. 13.44.070 – Application for Service and Deposit Required.
A. All customers must apply for service in order to establish a water, recycled water or
sewer service account. Applications may be made in person, over, the phone, by email,
through an online system or by any other method designated and approved by the city.
B. Applications may be made by either property owners or tenants and all applicants are
liable for the city’s charges for service.
C. As part of the application, property owners and occupants are required to provide a
deposit in the amount set by the city manager. The deposit required of tenants shall not
exceed that allowed under Public Utilities Code Section 10009.6.
D. Deposits made by property owners are refundable after the expiration of one year if
the property owners' account has not been in arrears during the first year of said
deposit. If the service is discontinued in less than one year, the deposit will be
applied to the account to offset any outstanding amount due. Credit balances after all
charges have been invoiced will be refunded.
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E. Deposits made by other than property owners shall be applied on account upon
termination of service. Credit balances, of more than ten (10) dollars, after all
charges have been invoiced will be refunded. Credit balances of less than ten
dollars will be retained by the city.
F. Regardless of the customers’ payment history, the city may require a new deposit
before rendering service to the same customer at a new service address.
G. Any deposit eligible for refunding and uncalled for within five (5) years from the
date when made will become the property of and be retained by the city. 13.44.080 – Application for Service – Person with Outstanding Bills
When an application for potable, recycled water or sewer service is made by an applicant who
was responsible for and failed to pay all bills for service previously rendered, regardless of
location or when incurred, the city may refuse to furnish service to such applicant until the
outstanding bills are paid and may require additional deposit, in an amount set by the city
Manager. 13.44.090 – Bills - Generally
A. Bills for water and sewer service to residential, commercial, institutional and industrial
accounts will be rendered bi-monthly in arrears unless otherwise provided by
agreement.
B. Bills for recycled water service will be rendered in accordance with the Recycled Water
Agreement.
C. If the total period of service is less than the billing period, the period of service will
be prorated and the service charge adjusted accordingly.
D. Bills for service to all accounts are due and payable upon presentation. Payments
may be made in any manner designated and approved by the city.
E. Bills become delinquent twenty days after they have been presented to the customer.
F. A fee of twenty-five dollars ($25.00) will be charged to customers for bill
payments returned, from any method of payment. 13.44.100 – Bills - Refunds
A. Whenever the amount of any water, recycled water or sewer service charge has been
overpaid, or paid more than once, or has been erroneously or illegally collected or
received by the city, it may be refunded as provided in this section.
B. The claimant or his or her guardian, conservator, executor or administrator must
submit a written application to the city’s finance director, on a form provided by the
city, within six months of the alleged overpayment or erroneous or illegal collection.
The application must clearly establish claimant's right to the refund by written
records.
C. Upon receipt of the claim, the city will evaluate the request and provide a written
evaluation of its analysis, including any refund due, within sixty days.
D. Any customer aggrieved by the city’s decision with respect to its refund request, may
appeal to the city manager by filing a notice of appeal with the city clerk, within
fifteen days of the finance director’s decision. The city manager will render a written
decision within sixty days of the filing of the appeal. The findings of the city
manager shall be final. Any amount found to be due shall be immediately due and
payable upon the service of notice.
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E. The submission of a written claim as set forth in Chapter 2.44 shall be a prerequisite
to a suit challenging a city decision made pursuant to this chapter.
F. The filing of a claim on behalf of a class or group of property owners is not
permitted. 13.44.110 - Delinquent Bills – Courtesy Notice
A. Courtesy notices will be sent out to those accounts whose balance is past due. If
payment is not received within ten (10) days from the date of the courtesy notice, a
shut-off notice will be mailed. 13.44.120 - Delinquent Bills – Service Disconnections
A. Five (5) days will be allowed after the shut-off notice is mailed before service is
disconnected for non-payment.
B. When water, recycled water or sewer service is disconnected for nonpayment, the
city may demand the full amount of both delinquent and current bills be paid in
full, and the same shall be paid in full before service is restored.
C. To re-establish credit, a customer may be required to pay all back bills up to the
time service was discontinued. The customer will also be required to pay reconnection
charges as established by the city council. 13.44.130 – Delinquent Bills – Authority to Assess Penalties
The city council may by resolution prescribe penalties or charges to be assessed against
delinquent accounts and shall have the power and authority to enforce collection thereof. 13.44.140 – Delinquent Bills – Collection Agency Charges
If, in an effort to collect a delinquent bill, the city uses the services of a collection agency, any
and all collection agency fees shall be passed on to the delinquent customer. 13.44.150- Delinquent Bills – Property Owner Liability and Lien
Regardless of the whether the customer is the property owner or a tenant, by the adoption of a
resolution, the city council may declare that delinquent charges and penalties for water,
recycled water or sewer service, when recorded shall constitute a lien upon real property
served after notice and hearing as in Section 13.44.150 13.44.160 Delinquent Bills – Formal Notice and Hearing
A. On or before the fifteenth day of June of each year the city council shall hold a
hearing to determine the amount of the delinquent charges and penalties for sewer
and water service. Notice of hearing shall be given by the city clerk and shall
contain a copy of the proposed resolution, state the time and place for a hearing on
the proposed resolution, and provide that any person interested may appear at the
hearing and be heard as to the charges and penalties.
B. The notice shall be published at least once each week for two weeks prior to the
hearing in a newspaper published in the city. The first publication shall be at least
fifteen days prior to the date of the hearing.
C. At the time and place fixed in the notice of hearing, the city council shall hold the
hearing. At the hearing, any person interested may appear and be heard on the
matters set forth in the notice. At the hearing the city council may change or modify
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the charges and penalties; provided, however, that no charge or penalty shall be
increased from that set forth in the proposed resolution unless notice of intention to
make said increase shall be published at least once or posted at least ten days prior
to the hearing on the proposed charge.
D. At the conclusion of the hearing, the city council may determine that the charges
and penalties are not discriminatory or excessive, comply with the law, and adopt
said resolution as proposed or modified.
E. One of the modifications of the resolution may be the finding and determination by
the city council that the amount of the charge and penalty shall be placed on the tax
roll. If such finding and determination is made by the city council, the city clerk
shall forward the amount fixed by the city council to the Sonoma County tax
collector for placement on the tax roll next succeeding the hearing. 13.44.170 – Charges as Lien
Charges for potable or recycled water service and all penalties thereon, when confirmed by the
city as provided in this chapter, shall constitute a lien upon the real property served and such lien
shall continue until the charge and all penalties are fully paid or the property is sold therefore.
The lien shall be prior to all other liens recorded after the lien for potable or recycled water
charges is recorded as herein provided. In addition, the city council may authorize the Finance
Director to place the lien on the tax roll of the property served. 13.44.180 - Recordation of lien.
The lien provided for in this chapter shall attach and be entitled to priority as of the time the
finance director records the list of delinquent unpaid charges and penalties with the county
recorder. Each recorded lien shall state the amount of each charge and the penalty, a
description of the real property upon which the same is a lien, and the name of the city of
Rohnert Park to which the same is payable. A list of all delinquent charges shall be recorded
annually, but no delay or informality in recording them shall invalidate the lien or any unpaid
charge or any subsequent act or proceeding. 13.44.190 - Separate remedies.
As separate, distinct, and cumulative remedies for the collection of said charges and penalties,
the city shall use a collection agency or bring an action in court to collect the unpaid charge
and all penalties. In the event of court action, reasonable attorney's fees may be awarded the
city. In the event a collection agency is used, reasonable collection agency fees may be added
to the unpaid charge.
ITEM NO. 7
1
Meeting Date: September 26, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Resolution in Support of Protecting Human Rights of Community
Members in the City of Rohnert Park
RECOMMENDED ACTION: Consider adopting a resolution in support of protecting human
rights of community members in Rohnert Park.
BACKGROUND: At your September 12, 2017 City Council meeting, during the public
comment session several speakers asked that the City Council discuss an “It Won’t Happen
Here” declaration at a Council meeting. Five of the speakers identified themselves as Rohnert
Park residents. Speakers also requested that the City Council adopt a resolution supporting the
principles in the declaration. Later in the meeting two Councilmembers asked that this topic be
placed on an upcoming agenda.
Note that Senate Bill 54, called the California Values Act, was approved on September 15th by
the California State Legislature, and is awaiting the Governor’s signature. If signed into law, the
legislation would limit cooperation between state/ local governments and the federal government
on federal immigration law enforcement. Governor Brown is expected to approve SB 54.
The California Values Act would repeal a section of the Health and Safety Code which requires
that an arresting agency who has reason to believe that an arrestee for drug-related crimes is not
a citizen must notify the appropriate federal agency. In addition, SB 54 would:
• Prohibit state and local law enforcement agencies, school police and security departments
from using agency resources to investigate, interrogate, detain, detect, or arrest
individuals for immigration enforcement purposes;
• Allow state and local law enforcement agencies to cooperate with federal immigration
authorities if a person has been convicted of certain specified crimes;
• Prohibit state and local law enforcement agencies from making or intentionally
participating in arrests based on civil immigration warrants;
• Prohibit local law enforcement agencies from providing office space dedicated for
immigration authorities;
• Allow local law enforcement to participate in joint law enforcement task forces, so long
as the purpose of the task force is not related to immigration enforcement;
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7
2
• Require the submission of an annual report containing specified information if a local law
enforcement agency participates in a joint law enforcement task force;
• Require the Attorney General to publish model confidentiality policies;
• Require public schools, public hospitals, and courthouses implement confidentiality
policies;
• Prohibit any state or local law enforcement agency from performing the functions of an
immigration officer; and
• Prohibit the transfer of an individual to federal immigration authorities unless specified
circumstances are met.
ANALYSIS: Staff have drafted the attached resolution for the Council’s consideration that is
consistent with the “It Won’t Happen Here” declaration (Attachment 2).
Earlier this year, the Chief of Public Safety issued a letter (Attachment 3), noting that the Public
Safety Department does not participate in sweeps targeting immigrants, does not deport
community members based on immigration status, and affords all civilians the same
constitutional rights, regardless of immigration status.
ALIGNMENT WITH STRATEGIC PLAN: Responding to public comments and requests for
consideration of topics is consistent with Goal 1 of practicing participative leadership at all
levels.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends that the Council determine the appropriate
action regarding the resolution.
FISCAL IMPACT/FUNDING SOURCE: There are no fiscal impacts to adopting the
resolution.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: September 18, 2017
City Manager Approval Date: September 18, 2017
Attachments (list in packet assembly order):
1. Draft Resolution
2. It Won’t Happen Here Declaration
3. Letter from Public Safety Chief Brian Masterson
1
RESOLUTION NO. 2017-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
IN SUPPORT OF THE PROTECTION OF THE HUMAN, CONSTITUTIONAL
AND OTHER RIGHTS OF COMMUNITY MEMBERS
OF THE CITY OF ROHNERT PARK
WHEREAS, on September 12, 2017 several residents of Rohnert Park requested that the
City Council consider adopting a resolution in support of the “It Won’t Happen Here”
declaration; and
WHEREAS, the declaration states that the safeguarding equal and inalienable rights and
inherent dignity of all people is foundational to the relationship between a government and the
the people, and that rights and dignity of all people are under threat; and
WHEREAS, the declaration calls upon all Sonoma County government authorities and
law enforcement agencies to pledge in writing to protect all community members and to publicly
proclaim that they will not cooperate with the federal government to institute detentions,
deportations, registries, conversion therapies, imprisonment, or any other acts that target or
discriminate based on immigration status, race, ethnicity, religion, country of origin, ability,
political affiliation, economic status, age, gender identity or sexual orientation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park:
1. The City of Rohnert Park will refuse to cooperate with any demands from the
federal government to institute detentions, deportations, registries, conversion
therapies, imprisonment or any other acts that target or discriminate against
Rohnert Park community members or others based on immigration status,
race, ethnicity, religion, national origin, disability, political affiliation,
economic status, age, gender identity or sexual orientation, or other
characteristics protected by California and federal anti-discrimination statutes
and the United States and California Constitutions.
2. City of Rohnert Park law enforcement officers will not detain an individual on
the basis of a United States Immigration and Customs Enforcement hold after
that individual becomes eligible for release from custody, unless, at the time
the individual becomes eligible for release from custody, certain conditions
are met, including that the individual has been convicted of specified crimes
delineated in the California Trust Act, a copy of which is incorporated for
reference as Exhibit A to this Resolution.
3. The City of Rohnert Park stands in support of individuals, organizations, and
governing authorities and agencies who are taking action to ensure all
( 2 )
2017-118
community members in the City and all visitors are safe here, and that their
human, constitutional and other rights and freedoms are respected.
4. The City of Rohnert Park re-affirms publicly its commitment to preserve and
protect the human, constitutional and other rights of all community members,
and our willingness to adopt policies as necessary that challenge any requests
which would compromise those rights.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 26th day of September, 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: ( )
Assembly Bill No. 4
CHAPTER 570
An act to add Chapter 17.1 (commencing with Section 7282) to Division
7 of Title 1 of the Government Code, relating to state government.
[Approved by Governor October 5, 2013. Filed with
Secretary of State October 5, 2013.]
legislative counsel’s digest
AB 4, Ammiano. State government: federal immigration policy
enforcement.
Existing federal law authorizes any authorized immigration officer to
issue an immigration detainer that serves to advise another law enforcement
agency that the federal department seeks custody of an alien presently in
the custody of that agency, for the purpose of arresting and removing the
alien. Existing federal law provides that the detainer is a request that the
agency advise the department, prior to release of the alien, in order for the
department to arrange to assume custody in situations when gaining
immediate physical custody is either impracticable or impossible.
This bill would prohibit a law enforcement official, as defined, from
detaining an individual on the basis of a United States Immigration and
Customs Enforcement hold after that individual becomes eligible for release
from custody, unless, at the time that the individual becomes eligible for
release from custody, certain conditions are met, including, among other
things, that the individual has been convicted of specified crimes.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a)The United States Immigration and Customs Enforcement’s (ICE)
Secure Communities program shifts the burden of federal civil immigration
enforcement onto local law enforcement. To operate the Secure Communities
program, ICE relies on voluntary requests, known as ICE holds or detainers,
to local law enforcement to hold individuals in local jails for additional time
beyond when they would be eligible for release in a criminal matter.
(b)State and local law enforcement agencies are not reimbursed by the
federal government for the full cost of responding to a detainer, which can
include, but is not limited to, extended detention time and the administrative
costs of tracking and responding to detainers.
(c)Unlike criminal detainers, which are supported by a warrant and
require probable cause, there is no requirement for a warrant and no
established standard of proof, such as reasonable suspicion or probable
94
Exhibit A to Resolution
cause, for issuing an ICE detainer request. Immigration detainers have
erroneously been placed on United States citizens, as well as immigrants
who are not deportable.
(d) The Secure Communities program and immigration detainers harm
community policing efforts because immigrant residents who are victims
of or witnesses to crime, including domestic violence, are less likely to
report crime or cooperate with law enforcement when any contact with law
enforcement could result in deportation. The program can result in a person
being held and transferred into immigration detention without regard to
whether the arrest is the result of a mistake, or merely a routine practice of
questioning individuals involved in a dispute without pressing charges.
Victims or witnesses to crimes may otherwise have recourse to lawful status
(such as U-visas or T-visas) that detention resulting from the Secure
Communities program obstructs.
(e) It is the intent of the Legislature that this act shall not be construed
as providing, expanding, or ratifying the legal authority for any state or local
law enforcement agency to detain an individual on an immigration hold.
SEC. 2. Chapter 17.1 (commencing with Section 7282) is added to
Division 7 of Title 1 of the Government Code, to read:
Chapter 17.1. Standards for Responding to United States
Immigration and Customs Enforcement Holds
7282. For purposes of this chapter, the following terms have the
following meanings:
(a) “Conviction” shall have the same meaning as subdivision (d) of
Section 667 of the Penal Code.
(b) “Eligible for release from custody” means that the individual may be
released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or
dismissed.
(2) The individual has been acquitted of all criminal charges filed against
him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local
law, or local policy.
(c) “Immigration hold” means an immigration detainer issued by an
authorized immigration officer, pursuant to Section 287.7 of Title 8 of the
Code of Federal Regulations, that requests that the law enforcement official
to maintain custody of the individual for a period not to exceed 48 hours,
excluding Saturdays, Sundays, and holidays, and to advise the authorized
immigration officer prior to the release of that individual.
(d) “Law enforcement official” means any local agency or officer of a
local agency authorized to enforce criminal statutes, regulations, or local
ordinances or to operate jails or to maintain custody of individuals in jails,
94
— 2 —Ch. 570
and any person or local agency authorized to operate juvenile detention
facilities or to maintain custody of individuals in juvenile detention facilities.
(e) “Local agency” means any city, county, city and county, special
district, or other political subdivision of the state.
(f) “Serious felony” means any of the offenses listed in subdivision (c)
of Section 1192.7 of the Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a serious
felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) “Violent felony” means any of the offenses listed in subdivision (c)
of Section 667.5 of the Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a violent
felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
7282.5. (a) A law enforcement official shall have discretion to cooperate
with federal immigration officials by detaining an individual on the basis
of an immigration hold after that individual becomes eligible for release
from custody only if the continued detention of the individual on the basis
of the immigration hold would not violate any federal, state, or local law,
or any local policy, and only under any of the following circumstances:
(1) The individual has been convicted of a serious or violent felony
identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of
Section 667.5 of, the Penal Code.
(2) The individual has been convicted of a felony punishable by
imprisonment in the state prison.
(3) The individual has been convicted within the past five years of a
misdemeanor for a crime that is punishable as either a misdemeanor or a
felony for, or has been convicted at any time of a felony for, any of the
following offenses:
(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240,
241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501
of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3,
243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal
Code.
(C) Use of threats, as specified in, but not limited to, Sections 71, 76,
139, 140, 422, 601, and 11418.5 of the Penal Code.
(D) Sexual abuse, sexual exploitation, or crimes endangering children,
as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d,
266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4,
311.10, 311.11, and 647.6 of the Penal Code.
(E) Child abuse or endangerment, as specified in, but not limited to,
Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal
Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified
in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503,
518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for a
conviction that is a felony.
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Ch. 570— 3 —
(H) Obstruction of justice, as specified in, but not limited to, Sections
69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74,
85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
(J) Escape, as specified in, but not limited to, Sections 107, 109, 110,
4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code.
(K) Unlawful possession or use of a weapon, firearm, explosive device,
or weapon of mass destruction, as specified in, but not limited to, Sections
171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418,
11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of
Section 26100 of, the Penal Code.
(L) Possession of an unlawful deadly weapon, under the Deadly Weapons
Recodification Act of 2010 (Part 6 (commencing with Section 16000) of
the Penal Code).
(M) An offense involving the felony possession, sale, distribution,
manufacture, or trafficking of controlled substances.
(N) Vandalism with prior convictions, as specified in, but not limited to,
Section 594.7 of the Penal Code.
(O) Gang-related offenses, as specified in, but not limited to, Sections
186.22, 186.26, and 186.28 of the Penal Code.
(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined
in Section 182 of, the Penal Code, to commit an offense specified in this
section.
(Q) A crime resulting in death, or involving the personal infliction of
great bodily injury, as specified in, but not limited to, subdivision (d) of
Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8,
and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an offense.
(S) An offense that would require the individual to register as a sex
offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code.
(T) False imprisonment, slavery, and human trafficking, as specified in,
but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal
Code.
(U) Criminal profiteering and money laundering, as specified in, but not
limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code.
(V) Torture and mayhem, as specified in, but not limited to, Section 203
of the Penal Code.
(W) A crime threatening the public safety, as specified in, but not limited
to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of
the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to,
Section 368 of the Penal Code.
(Y) A hate crime, as specified in, but not limited to, Section 422.55 of
the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal
Code.
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— 4 —Ch. 570
(AA) Soliciting the commission of a crime, as specified in, but not limited
to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the
Penal Code.
(AB) An offense committed while on bail or released on his or her own
recognizance, as specified in, but not limited to, Section 12022.1 of the
Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified
in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section
261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section
264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and
(d) of Section 288a of, and subdivisions (a) and (j) of Section 289 of, the
Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209,
and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code.
(4) The individual is a current registrant on the California Sex and Arson
Registry.
(5) The individual is arrested and taken before a magistrate on a charge
involving a serious or violent felony, as identified in subdivision (c) of
Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, a
felony punishable by imprisonment in state prison, or any felony listed in
paragraph (2) or (3) other than domestic violence, and the magistrate makes
a finding of probable cause as to that charge pursuant to Section 872 of the
Penal Code.
(6) The individual has been convicted of a federal crime that meets the
definition of an aggravated felony as set forth in subparagraphs (A) to (P),
inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal
Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by
the United States Department of Homeland Security’s Immigration and
Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
(b) If none of the conditions listed in subdivision (a) is satisfied, an
individual shall not be detained on the basis of an immigration hold after
the individual becomes eligible for release from custody.
SEC. 3. The provisions of this act are severable. If any provision of this
act or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
O
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Ch. 570— 5 —
ATTACHMENT 2
IT WON’T HAPPEN HERE DECLARATION
DECEMBER 2016
WHEREAS, to safeguard the equal and inalienable rights and inherent dignity of all people that is the
foundation of the relationship between a government and the people;
AND whereas, we recognize that the rights and dignity of all people are under threat;
WE, the undersigned organizations, call upon all Sonoma County governing authorities and law
enforcement agencies to pledge in writing to protect all of the County's community members;
FURTHERMORE, we call upon these authorities and agencies to proclaim publicly that they will
refuse to cooperate with any demands from the federal government to institute detentions,
deportations, registries, conversion therapies, imprisonment or any other acts that target or
discriminate based on immigration status, race, ethnicity, religion, country of origin, ability, political
affiliation, economic status, age, gender-identity or sexual orientation;
FURTHERMORE, we, the undersigned organizations, in obedience to our consciences, pledge to
protect all community members and will support our local governments as they move to resist these
undemocratic and un-American practices in order to reaffirm their commitment to inclusivity, respect
and dignity.
Organization
Representative__________________________ Date__________
Attachment 3
CITY OF ROHNERT PARK
DEPARTMENT OF PUBLIC SAFETY
POLICE AND FIRE SERVICES Brian Masterson, Director
500 CITY CENTER DRIVE ∼ ROHNERT PARK, CALIFORNIA ∼ 94928-2118
Phone: (707) 584-2600 fax: (707) 584-2683
One of the many things that I learned when going through my constitutional law class in
college was the fact that the Constitution of the United States affords citizens and non-
citizens the same rights. The police who protect our communities are bound by law to afford
all civilians, citizens or non-citizens (immigrants) the same constitutional rights.
The primary role of law enforcement including the Rohnert Park Department of Public Safety
is to protect life and property. This requires that Public Safety Officers treat all people with
respect and dignity. Many people who live and work in Rohnert Park are anxious and worried
about recent statements in the media that talk about the Federal Governments targeting of
people who are in the United States here illegally.
As the Director of Public Safety for the last eight years, we have never worked with
Immigration and Custom’s Enforcement (ICE) to participate in sweeps that result in the arrest
of illegal immigrants. Like many of the other Law Enforcement Agencies in Sonoma County,
Rohnert Park Public Safety is not planning to conduct coordinated sweeps for law abiding
good people who are residing our Community.
It is my intent in writing this short article to reduce the fear and anxiety of individuals who are
living and working in Rohnert Park and are immigrants that may be undocumented; Public
Safety Officers are not going to deport you. Our Officers have worked extremely hard over
the last eight years to build the trust of all civilians regardless of their immigration status. We
believe that diversity is good for our Country and for Rohnert Park. We will continue to
respect all individuals and do everything in our power to keep you safe in our Community.
We have not and do not plan to deport members of our community solely based on their
immigration status.
Yours in Service,
Brian Masterson
Director of Public Safety for the City of Rohnert
ITEM NO. 8
1
Meeting Date: September 26, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Terrie Zwillinger, Project Coordinator
Agenda Title: Discussion and Update on Opening of Park Restrooms
RECOMMENDED ACTION:
Receive update on reopening of restroom facilities at City parks.
BACKGROUND:
City park restrooms were closed for several years. Previously, when the restrooms were open to
the public, they were frequently vandalized resulting in health and safety threats to the general
public as well as frequent and costly repairs. The vandalism to park restrooms included graffiti
inside the restrooms and to the exterior of the facilities; extensive damage to sinks, soap dispensers,
and toilets; and damage from fires and fireworks set inside the restrooms. Most vandalism
incidents occurred after normal hours, typically at night when the parks are closed.
In 2015, City Council directed that staff develop a plan to reopen the park restrooms. The goal of
the project was to provide restroom service to the general public at each park and removal of the
porta-potties. Staff formed a working committee with a cross-section of city staff to evaluate the
existing park restroom conditions. Staff conducted a field review of each restroom and came up
with a range of solutions.
The information gathered from the assessment was interpreted by staff to determine the level of
rehabilitation of the buildings, ranging from a “low” effort of rehabilitation (estimated to be
approximately 20% of new building costs) to complete demolition of the building and replacement
with a new concrete block building with new concrete floor.
Security Measures
To minimize potential vandalism and safety threats, the following security measures have been
implemented as appropriate at the park restrooms as the facilities are reopened:
Site lines – clear vegetation and tree branches that block view of restroom building from
street/parking lot
Cameras – installed to provide recording of areas around the restroom buildings and act
as a deterrent to potential vandalism
Auto doorlocks – facilities will be locked automatically when parks are closed
Intrusion alarms – alarm will be triggered if the door is opened after hours
Lighting – additional outside lighting to enhance visibility around the building
Motion sensors – mounted inside the building and will alarm if movement is detected
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
2
DISCUSSION:
Open Restrooms
The following is a detailed update on the opened restrooms:
Benicia Pool – Opened June 2016
Restroom is part of the pool complex and is open to the general public during park hours.
Alicia Park – Opened May 2017
Due to the fact the existing building needed significant renovation to open to the public and meet
ADA accessibility requirements, a new restroom building was constructed in front of the old pool
building.
Magnolia Pools – Opened March 2017
Moderate rehabilitation was required to open facility.
Security system effectiveness
The phased restroom reopening strategy has provided staff an opportunity to assess the
effectiveness of the security measures that have been implemented at the three reopened restrooms
(Magnolia Pools, Alicia Park, and Benicia Pool). Vandalism to the exterior of the facilities has
been minimal. However, the Alicia Park and Benicia Pool restrooms have occasionally been
abused by a few individuals that occupy the restrooms for one to two hours at a time. On call staff
have remote access to security alarms and receive notifications in event of alerts of intruder. Staff
then calls Public Safety. Based on the overall effective results of the security system, staff is
confident in continuing to implement the same security measures for the remaining restroom
facilities that are pending reopening.
Pending Restrooms to Reopen
The following is a detailed update on the status of the restroom buildings still pending reopening:
Colegio Vista Park – In construction
The existing restroom building is being renovated to provide one unisex restroom. A new ADA
accessible pathway was constructed to connect the restroom building to the two new ADA parking
spaces within the parking lot. The restroom is anticipated to be open in October 2017.
Eagle Park, Sunrise Park, Magnolia Fields, and Golis Park – Construction award pending
These restrooms are slated for rehabilitation. Pending City Council approval, construction would
begin in October 2017 and completed in January 2018 (weather permitting). The restrooms will
be open to the public shortly afterwards.
Dorotea Park – In design
Existing structure will be demolished and a new restroom facility needs to be constructed. The
construction award is anticipated for December 2017 and opening is anticipated for May 2018.
The restrooms at Eagle Park, Sunrise Park, Magnolia Fields and Golis Park need moderate
improvements in order to open. The restroom at Dorotea Park will need to be replaced with a new
single-stall restroom because the existing building is in extreme disrepair.
ITEM NO. 8
3
Table 1: Restroom Reopening Status
Facility Reopening Strategy Status
Magnolia Pools Rehab Open
Alicia Park New building Open
Benicia Pool New building Open
Colegio Vista Park Rehab In construction
Magnolia Fields Rehab
Construction start October 2017
(if awarded). Anticipated
opening in early 2018.
Golis Park Rehab
Sunrise Park Rehab
Eagle Park Rehab
Dorotea Park New building In design. Anticipated opening
in May 2018.
STRATEGIC PLAN ALIGNMENT:
This item follows the Strategic Plan Item D.2 by improving infrastructure.
Department Head Approval Date: September 08, 2017
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
City Manager Approval Date: September 13, 2017
September 26, 2017
Presenters: John McArthur, Director of Public Works and Community Services
Terrie Zwillinger, Project Coordinator
City park restrooms closed for several years
◦Excessive vandalism
◦Frequent and costly repairs
◦Health and safety concerns
Porta-potties placed at parks
FY 2015-16 budget, City Council directed staff to
re -open park restrooms
◦Renovate buildings to single-occupancy/ unisex
facility
◦Vandal resistant fixtures/paint
◦Improved site lines
◦Added security measures
Eagle Park -Before
Security Measures
◦Visibility
◦Security cameras
◦Automatic door locks
◦Intrusion alarms
◦Lighting –exterior and interior
◦Interior motion sensors
Level of rehabilitation identified
◦Full reconstruction: Alicia Park and Dorotea
Park
◦Moderate rehabilitation: Eagle Park, Golis
Park, Magnolia Park Fields, Sunrise Park and
Colegio Vista Park
◦Minor rehabilitation: Magnolia Pool Building
Cost:
CDBG grant………………..$138,000
2007R TAB (Bond)…..……...$425,000
Infrastructure Reserve……..$618,900
TOTAL $1,181,900
Location Open Date
Benicia Pool June 2016
Magnolia Pool Building March 2017
Alicia Park May 2017
Benicia Pool Before
Benicia Park
After
Alicia Park
Before
Alicia Park
After (relocated)
Magnolia Pool BuildingRestroom
Colegio Vista Park
◦In construction –estimated completion October
2017
Eagle Park, Sunrise Park, Magnolia Park Fields,
and Golis Park
◦Construction award pending; Estimated completion
February 2018
Dorotea Park -Reconstruction
◦Bid advertisement November, 2017
◦Estimated construction cost: $300,000
◦Estimated budget shortfall: ($140,000)
ITEM NO. 9
1
Meeting Date: September 26, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Status Report on Implementation of Rohnert Park Strategic Plan
RECOMMENDED ACTION: Staff is requesting that the City Council receive and accept the
Status Report on implementation of the City’s Strategic Plan.
The City adopted a Strategic Plan in December, 2011 to guide the organization and communicate
our mission, vision, and values to the community. In 2012, the City adopted an Implementation
Plan to help move from values to action. The City has updated the Strategic Plan and
Implementation Action Plan periodically from 2013 through February, 2017.
The purpose of this item is to provide an update to the Council on progress associated with the
Strategic Plan. As with other updates, staff will present the progress via a PowerPoint
presentation during the Council meeting. The report will reflect changes in the strategies and
action plan adopted by the Council in February, 2016; these strategies support the enduring goals
of the Strategic Plan.
ALIGNMENT WITH STRATEGIC PLAN: This report reflects the Strategic Plan’s value of
communicating with the City Council, residents, and staff.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends receiving the report to help the City continue
to adhere to the Strategic Plan.
2. Alternative: Staff did not consider alternatives. The City Council can provide direction on
the Strategic Plan.
FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact from receiving and
accepting this status report. The Strategic Plan activities are incorporated in the Adopted
Budgets.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
City Manager Approval Date: September 15, 2017
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
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