2017/10/10 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, October 10, 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 October 10, 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: Recognizing the 30th Year Anniversary of SweetPea Gift
Shoppe
4. SSU STUDENT REPORT
By Isabelle Briseno, Legislative Representative, Sonoma State University Associated
Students, Inc. (SSU ASI)
5. DEPARTMENT HEAD BRIEFING
6. 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.
7. 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 26,
2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated October 11, 2017
2. City- Cash Report for Month Ending June 2017
C. City Council Resolutions for Adoption:
1. 2017-119 Authorizing and Approving the Purchase of a New Pumper
Apparatus for the Public Safety Department
2. 2017-120 Authorizing and Approving the Director of Finance to
Increase Appropriations for FY 2017-18 for a Contract with
R3 Consulting Group
3. 2017-121 Approving an Update to the Records Retention Schedule
D. Authorize the City Manager to Execute Master Services Agreements with
Associated Right of Way Services, Inc and Overland, Pacific, & Cutler
City of Rohnert Park Joint Regular Meeting Agenda October 10, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 5
E. Approval of an In-Kind Donation of City Labor, Fees, and Services in the
Amount of $4,891 to Support the Founders’ Day 2017 Event
Council Motion/Vote
8. Discussion and Direction on Recreational Courts Rehabilitation & Resurface Plan
and Pickleball Courts
A. Staff Report
B. Public Comments
C. Council discussion/direction
9. INTRODUCTION OF ORDINANCE – Consideration of Adjustment to City
Council Compensation
A. Staff Report
B. Public Comments
C. Ordinance for Introduction and Reading of Title:
1. No. 911 An Ordinance of the City Council of the City of Rohnert Park
Amending Section 2.12.020, Population, and Section
2.12.030, Salaries, of the Rohnert Park Municipal Code to
Adjust City Council Compensation
a. Council motion/discussion/roll call vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
10. PUBLIC HEARING (NO EARLIER THAN 6PM)
Consideration of Appeal of Planning Commission Denial of a Conditional Use
Permit and Site Plan and Architectural Review for Mixed Use Residential and
Commercial Project at the Northeast Corner of East Cotati Avenue and Camino
Colegio Avenue
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption:
1. 2017-122 Upholding an Appeal and Approving a Conditional Use Permit
and Site Plan and Architectural Review for Mixed-Use Multi-
Family and Retail Commercial Project Located at the Northeast
Corner of East Cotati Avenue and Camino Colegio Avenue
(143-340-061 and 158-270-065)
a. Council motion/discussion/vote
11. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Personnel Matters (Government Code § 54957)
Public Employee Annual Performance Evaluation – Title: City Manager
2. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
City of Rohnert Park Joint Regular Meeting Agenda October 10, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 5
12. 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. Russian River Watershed Association (RRWA) (9/28)
2. Golf Course Oversight Committee (10/3)
3. Sonoma County Transportation Authority (SCTA) (10/9)
4. Sonoma Clean Power (10/5)
C. Other Reports
13. 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.
14. 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.
15. 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.
16. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda October 10, 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
October 10, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for
review on October 5, 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 5th day of October, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
ITEM NO. _____________
1
Meeting Date: October 10, 2017
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Adopting a Resolution Ratifying City Manager’s Proclamation of the
Existence of a Local Emergency
RECOMMENDED ACTION: Adopt a resolution ratifying City Manager’s Proclamation of
the existence of a local emergency.
BACKGROUND: Rohnert Park’s emergency responders have and are assisting Santa Rosa
with the response to the Sonoma Complex Fires that started on October 8, 2017. On October 9,
2017 the City’s Director of Emergency Services (city manager) proclaimed the threatened
existence of a local emergency. The fires have been declared an emergency by the state of
California and Governor Brown has requested a Presidential Major Disaster Declaration.
ANALYSIS: In response to the Sonoma Complex Fire that occurred in Sonoma County on
Sunday, October 8, 2017 at 10:30 p.m., the City Manager, acting in the capacity of the Director
of Emergency Services, declared the existence or threatened existence of an emergency. The
proclamation was signed at the Emergency Operations Center at 10:40 am on October 9, 2017.
Per Rohnert Park Municipal Section 2.52.060, “whenever a local emergency is proclaimed by the
director, the City Council shall take action to ratify the proclamation within seven days thereafter
or the proclamation shall have no further force or effect.”
The response to the Sonoma Complex Fires continues and the situation is evolving. Preliminary
estimates of City costs related to the response are between $50,000 and $100,000. Depending on
the duration and intensity of the ongoing operations, the amount may vary. It is clear that a local
emergency exists and requires ratification of the Proclamation by the City Council.
City Staff recommends that the City Council determine that adoption of the Resolution is
exempt from CEQA pursuant to CEQA Guidelines Section 15269 related to emergency
resources. In addition, staff recommends that the Council adopt the attached Resolution
Ratifying City Manager’s Proclamation of the Existence of a Local Emergency.
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
Urgency Item
City Council Meeting - October 10, 2017
ITEM NO. _____________
2
OPTIONS CONSIDERED:
The City Council could determine that there is no emergency and not adopt the resolution. There
would be no opportunity for the City to seek reimbursement for expenses incurred during the
disaster response.
FISCAL IMPACT/FUNDING SOURCE: None by this action; however, adoption of this
resolution will facilitate the ability for the City to request resources including financial support
and reimbursement from the State Office of Emergency Services (OES) and Federal Emergency
Management Agency (FEMA) for costs incurred as a result of fire response.
Department Head Approval Date: N/A
City Manager Approval Date: 10/10/2017
City Attorney Approval Date: 10/10/2017
Finance Director Approval Date: N/A
Attachments (list in packet assembly order):
1. Proclamation signed on October 9, 2017
2. Draft Resolution
1
RESOLUTION NO. 2017-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
RATIFYING CITY MANAGER’S PROCLAMATION OF THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS; Section 2.52.060 of the Rohnert Park Municipal Code empowers the
Director of Emergency Services to proclaim the existence or threatened existence of a local
emergency when said city is affected or likely to be affected by a public calamity and;
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within said city, caused by
_x Fire __Flood __Energy Shortage
__ Rain __Storm __Air Pollution
__ Riot __Epidemic __Earthquake
__ Drought __Hazardous Waste __: ____________________
commencing on or about 11:30 p.m. on the 8th day of October 2017 and;
WHEREAS, the Rohnert Park City Council does hereby find that the aforesaid
conditions of extreme peril did warrant and necessitate the proclamation of the existence of a
local emergency; and
WHEREAS, the Director of Emergency Services of the City of Rohnert Park did
proclaim the existence of a local emergency within said city on the 9th day of October, 2017;
NOW, THEREFORE, BE IT RESOLVED that said proclamation of existence of a
local emergency, as issued by said City Manager/Emergency Services Director, is hereby ratified
by the Rohnert Park City Council; and
BE IT FURTHER RESOLVED that said local emergency shall be deemed to continue
to exist until its termination is proclaimed by the City Council of the City of Rohnert Park,
Sonoma County, California.
( 2 )
2017-123
DULY AND REGULARLY ADOPTED this 10th day of October, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
AHANOTU: _________ BELFORTE: _________CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK
Recognizing
SweetPea Gift Shoppe
On the Occasion of their 30th Anniversary
Whereas, the store was originally established in 1987 as a place that during the holiday
season senior consignors could display and sell their handcrafted items and was originally
called the Rohnert Park Craft Shoppe; and
Whereas, the store was established as a 501(c) 3 non-profit organization to benefit Sonoma
County seniors; and
Whereas, the Shoppe was originally located in a rented storefront on Southwest Boulevard.
Unfortunately, the shop closed in 1989 because its revenues were not enough to pay the rent
on a commercial location. When Codding Center was donated to be used as a Senior Center,
the shop reopened its doors in November 1990 and in 1993 the shoppe repaid the loan; and
Whereas, in 2009, the Craft Shoppe changed its name to SweetPea Gift Shoppe and are
currently located at 6800 Hunter Drive; and
Whereas, many extraordinary volunteers, aged 69-90, work in the shoppe throughout the
week; and
Now, Therefore, I, Jake Mackenzie, Mayor of the City of Rohnert Park and on behalf
of the City Council of the City of Rohnert Park, do hereby proclaim that we are proud to join
with all the Volunteers of the SweetPea Gift Shoppe in recognizing the 30th Anniversary of the
SweetPea Gift Shoppe.
Duly and Regularly Proclaimed, this 10th day of October, 2017.
CITY OF ROHNERT PARK
Jake Mackenzie, MAYOR
Item No. 3A
Item No. 7A1
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 26, 2017
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the joint regular meeting to order at 5:00 p.m., the notice for which
being legally noticed on September 21, 2017.
Present: Jake Mackenzie, Mayor
Amy O. Ahanotu, Councilmember
Gina Belforte, Councilmember
Joseph T. Callinan, Councilmember
Absent: Pam Stafford, Vice Mayor
Staff present: City Manager Jenkins, City Attorney Marchetta-Kenyon, Assistant City
Manager Schwartz, Development Services Director Pawson, Public Works and Community
Services Director McArthur, Human Resources Director Perrault, Public Safety
Commander Taylor, Project Coordinator Zwillinger and Deputy City Clerk Saldanha.
2. PLEDGE OF ALLEGIANCE
Led by Mayor Mackenzie.
3. PRESENTATIONS
A. Mayor’s Proclamation: Declaring October as Domestic Violence Awareness Month
Mayor Mackenzie presented a proclamation to Wendy Adams, on behalf of YWCA
Sonoma County, who thanked Council for their support and provided a calendar of
upcoming events.
4. DEPARTMENT HEAD BRIEFING
A. City Manager: Town Hall Meeting on Wednesday, October 4th at 6:00 p.m. in the
Community Center Multi-Use Room.
C. Community Services: Second Sunday Family Fun Series on Sunday, October 8th from
1:00 p.m. – 4:00 p.m.
B. Community Services: Founder’s Day 2017 on Saturday, October 7th at 10:00 a.m.
City of Rohnert Park Joint Regular Meeting Minutes September 26, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 5
Assistant City Manager Schwartz provided updates on three upcoming events: October
4th Town Hall Meeting, October 8th Second Sunday Family Fun Series and October 7th
Founder’s Day. Assistant City Manager Schwartz also described the layout of the Town
Hall Meeting, which will consist of roundtable discussions by residents to share their
thoughts on how to spend funds dedicated to neighborhood upgrades and workforce
housing programs.
Jennifer Wiltermood, Event Chair, provided an update on Founder’s Day 2017 and invited
everyone to attend the event on October 7th.
5. PUBLIC COMMENTS
Jim Cronin spoke about the City’s lack of bocce ball courts and expressed his interest to
start a bocce ball program in Rohnert Park. City Manager Jenkins directed Mr. Cronin to
speak with Public Works and Community Services Director McArthur.
6. CONSENT CALENDAR
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 GHD Task Order
2017-08 for Design Services and Related Actions PULLED BY
BELFORTE
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 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
City of Rohnert Park Joint Regular Meeting Minutes September 26, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5
Rohnert Park Municipal Code Related to the City’s Potable Water,
Recycled Water and Sewer Systems
ACTION: Moved/seconded (Callinan/Ahanotu) to approve the Consent Calendar.
Motion carried by the following unanimous 4-0-1 Roll Call vote: AYES:
Ahanotu, Belforte, Callinan, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Stafford.
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 GHD Task Order 2017-08 for Design Services
and Related Actions
Councilmember Belforte requested input from City Manager Jenkins on flooding issues and
City Manager Jenkins stated that the design is based on updated flood control criteria.
ACTION: Moved/seconded (Belforte/Callinan) to adopt Resolution 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 GHD Task Order 2017-08 for Design Services
and Related Actions.
Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu,
Belforte, Callinan, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Stafford.
7. Consideration of a Resolution in Support of Protecting Human Rights of Community
Members in the City of Rohnert Park
Assistant City Manager Schwartz presented the item. Public Safety Commander Taylor and
City Attorney Marchetta-Kenyon provided background information on Senate Bill 54 and
Rohnert Park Public Safety Department policies. Recommended Action(s): Adopt a
resolution in support of protecting human rights of community members in Rohnert Park.
For the record, Councilmember Ahanotu requested Public Safety Commander Taylor to
read the letter written by Public Safety Director Brian Masterson which was provided in the
staff report. Public Safety Commander Taylor read the letter verbatim. A copy of the letter
is hereby attached as “Exhibit A” in order to be entered into the record.
Public Comments in support of adopting Resolution 2017-118 and “It Won’t Happen Here”
declaration: Jenny Blaker, Susan Lamont, Michael Volser, Erin Chmielewski, Carol
Williams, Lauren Ornelas, Jim Duffy and Erica Thomas.
ACTION: Moved/seconded (Belforte/Mackenzie) to adopt Resolution 2017-118
Resolution in Support of the Protection of the Human, Constitutional and
Other Rights of Community Members of the City of Rohnert Park.
City of Rohnert Park Joint Regular Meeting Minutes September 26, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5
Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu,
Belforte, Callinan, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: Stafford.
8.Discussion and Update on Opening of Park Restrooms
Public Works and Community Services Director McArthur and Project Coordinator
Zwillinger presented the item. Recommended Action(s): Receive update on reopening of
restroom facilities at City parks.
Mayor Mackenzie stepped away from the dais at 6:02 p.m. and Councilmember Callinan
assumed the gavel. Mayor Mackenzie returned at 6:04 p.m. and reassumed the gavel.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council received the update on reopening
of restroom facilities at City parks.
9.Status Report on Implementation of Rohnert Park Strategic Plan
Assistant City Manager Schwartz presented the item. Recommended Action(s): Receive
and accept the Status Report on implementation of the City’s Strategic Plan.
Public Comments: None.
For the record, Councilmember Callinan requested to agendize an informational item
regarding an update on the all-weather soccer field to be heard in open session at a future
City Council Meeting.
For the record, Mayor Mackenzie stated that the final segments of the multi-use path,
which runs parallel to the Sonoma Marin Area Rail Transit (SMART) tracks, is now paved
from Golf Course Drive to Sonoma Mountain Village.
For the record, Mayor Mackenzie expressed his concerns regarding the temporary traffic
divider installed for the Snyder Lane construction project.
ACTION: By Consensus (none opposed), City Council accepted the report and directed
staff to agendize an informational item regarding an update of the all-weather
soccer field to be heard in open session at a future City Council Meeting.
10.COMMITTEE / LIAISON/ OTHER REPORTS
A.Standing Committee Reports
None.
B.Liaison Reports
1.Senior Citizens Advisory Committee (9/21)
Councilmember Belforte reported on updates regarding bingo at the Senior Center
and discussed plans for a van to join the Founder’s Day Parade.
City of Rohnert Park Joint Regular Meeting Minutes September 26, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5
C.Other Reports
Councilmember Belforte reported on the Golden Gate Bridge, Highway &
Transportation District and discussed strategic planning efforts to change electronic
tolling from toll booths to a new gantry system over the freeway.
Mayor Mackenzie reported that SMART passenger service is currently up and running
from Santa Rosa to San Rafael with only a 1% delay rate. Schedules and fares are
available online via SMART’s website.
11.COMMUNICATIONS
Councilmember Belforte stated that several residents have reported incidents of transients
on the golf course late at night.
Mayor Mackenzie discussed receiving an update on the frequency of party calls by Rohnert
Park Department of Public Safety since Sonoma State University is back in session.
12.MATTERS FROM/FOR COUNCIL
None.
13.PUBLIC COMMENTS
None.
14.ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 6:51 p.m.
_____________________________________ __________________________________
Caitlin Saldanha, Deputy City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
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
Exhibit A
9/26/2017 City Council Minutes
Agenda Item #7
Item No. 7B1
Item No. 7B2
ITEM NO. 7C1
1
Meeting Date: October 10, 2017
Department: Public Safety
Submitted By: Brian Masterson, Director of Public Safety
Prepared By: Mike Bates, Commander
Agenda Title: Consideration of the Purchase of a New Fire Engine
RECOMMENDED ACTION:
Approve the purchase of and authorize the City Manager to execute all documents and take all
actions necessary to purchase a Rosenbauer EXT Commander Chasis Type 1 Pumper in an amount
not to exceed $599,510.
BACKGROUND:
In 2017, the Department of Public Safety established a firefighting fleet standard. It was
determined that Pierce Manufacturing and Rosenbauer America best meet the needs of the City in
establishing a fleet standard for current and future purchases of fire apparatus. At one point in the
past four years, the fleet consisted of apparatus from six different manufacturers.
Currently Public Safety has two (2) front line Type 1 Fire Engines. These engines are staffed with
public safety officers 24 hours a day. One is located at Fire Station 2 (5200 Country Club Drive)
and the other at Fire Station 4 (1316 Maurice Avenue). They respond to all fire, medical, and
police calls as needed respectfully in their response area. They also respond together throughout
the City on higher level calls, (i.e., structure fires, vehicle accidents, alarm calls, etc.). Public
safety officers routinely use these two engines for all day to day activity to include fire inspections,
training, etc.
The current mileage of the fleet is as follows: 9981 (110,103), 9982 (104,025), 9984 (38,514),
9985 (91,995). Over the past two years, the fleet experienced a significant increase in repair costs
due to age and mileage. Based on this increase Public Works Director, John McArthur,
recommended the replacement of 9981.
ANALYSIS:
Staff has analyzed apparatus vendors, options and costs and recommends purchasing a Rosenbauer
EXT Commander Chasis Type 1 Pumper. An internal apparatus committee comprised of public
safety officers was formed and extensive research was conducted on apparatus vendors and
products. Rosenbauer and Pierce were identified as the top two choices based on reputation,
reliability, and product options. Additionally, the entire fire fleet is comprised of only Pierce and
Rosenbauer apparatus. Further research was conducted by three committee members who visited
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. 7C1
2
both the Pierce and Rosenbauer facilities in November of 2015. All findings were presented to
the committee members and the decision to purchase a Rosenbauer pumper received majority vote.
Having an all Pierce and Rosenbauer fleet is preferred by the City’s mechanics due to familiarity
with the product. The benefit of Rosenbauer over Pierce is the availability of parts at a local auto
parts store. Pierce parts are proprietary. This allows for a quicker turnaround of getting the engine
back in service.
The quote below was derived by reviewing pumper specifications. Staff will be visiting the
Rosenbauer plant in October to go through the pre-construction phase of production and then again
for a mid-build inspection and final inspection before delivery. Should any of these stages result
in a change order, any additional costs would be covered by the remaining $23,050 in account
2300-9610. The following table depicts the prepay quote from Rosenbauer:
ESTIMATED COSTS:
Component Quote
Body Price $ 288,528
Chassis Price 253,157
Delivery (non-taxable 4,240
CA Sales Tax (8.625%) 45,435
Discount (14,900)
Total Apparatus Cost $576,460
This purchase is consistent with the City’s Purchasing Policy, Section 3.6.6(C), which allows for
cooperative purchase agreements in which the City buys directly from a vendor at a price
established by competitive bidding by another public jurisdiction. Pricing was secured through
National Joint Powers Alliance (NJPA) contract pricing. All NJPA contracts have been
competitively solicited nationally, reviewed, evaluated by committee and recommended to the
NJPA Board of Directors for award in accordance with public purchasing and contracting rules,
guidelines and regulations applicable to NJPA.
STRATEGIC PLAN ALIGNMENT:
Goal C: Ensure the effective delivery of public services.
This purchase fits the City’s strategic plan by ensuring that equipment is maintained at the
appropriate level without compromising service to the community.
OPTIONS CONSIDERED:
Option 1: Recommended. Purchasing the apparatus meets the intent of the City’s Vehicle Policy;
20 year service life on all fire engines. This new fire engine replaces 9981 (1998 HME Pumper
Engine) which currently has over 110,000 miles.
ITEM NO. 7C1
3
Option 2: Not Recommended. The alternative would be to not purchase a replacement engine for
9981 (1998 HME Pumper) which will further weaken the fleet as a result of costly repairs due to
age of existing equipment. There has been several occasions in the past year where the division
was down to two front line engines due to two engines being out of service for repair.
FISCAL IMPACT/ FUNDING SOURCE:
The purchase of the engine was approved during the budget session by using funds allocated from
the County of Sonoma through the County’s MOU with the Federated Indians of Graton Rancheria
($200,000 to be dispersed over a given time period into the vehicle replacement fund), Measure
M ($139,217), and vehicle replacement fund ($260,293). The total cost for the apparatus is
$576,460. It is requested that the remaining funds ($23,050) be set aside in the event a change
order is requested due to a change in design features. $599,510 is budgeted in the FY 2017-18
Proposed Budget, per direction of City Council during the budget study session. This action allows
the City to execute the purchase agreement to secure the prepay pricing.
Department Head Approval Date: 9/25/17
Finance Director Approval Date: 9/25/17
City Attorney Approval Date: 9/25/17
City Manager Approval Date: 9/26/17
Attachments (list in packet assembly order):
1. Resolution
2. NJPA Contract
1
2017-119
RESOLUTION NO. 2017-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING THE PURCHASE OF A NEW PUMPER
APPARATUS FOR THE PUBLIC SAFETY DEPARTMENT
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, the Department of Public Safety is proposing the purchase of a new
Rosenbauer EXT Commander Chasis Type 1 Pumper, and;
WHEREAS, as per the City Ordinance 843, Resolution 2012-22, the Rosenbauer EXT
Commander Chasis Type 1 Pumper is available for purchase through a cooperative purchase
contract through NJPA with Burton’s Fire, Inc., of Modesto, CA, and;
WHEREAS, staff recommends authorizing the purchase of a Rosenbauer EXT
Commander Chasis Type 1 Pumper from Burton’s Fire, Inc., of Modesto, California in the amount
of $576,460, and;
WHEREAS, the purchase of the new fire engine is to be funded as approved in the 17/18
budget, funding up to $599,510 is stipulated in account 2300-9610, and;
WHEREAS, the Department of Public Safety requests to have access to the remaining
$23,050, if needed, for unexpected change orders in design, and;
WHEREAS, the City Council considered this purchase at the budget session on April
25th, 2017, and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve as follows:
Section 1. The above recitals are true and correct and material to the adoption of this
resolution and are incorporated herein.
Section 2. The purchase of a new fire apparatus for the Public Safety Department in the
amount of $576,460, which is described in Exhibit “A” attached hereto and incorporated by this
reference, is approved.
Section 3. The City Manager is hereby directed to execute the contract in substantially
similar form to Exhibit A, subject to minor revisions by the City Attorney or City Manager, and
any other documents pertaining to this transaction for and on behalf of the City of Rohnert Park.
Section 4. The City Manager is authorized to approve and sign any unexpected change
orders in design for the Rosenbauer EXT Commander Chasis Type 1 Pumper in an amount
totaling up to $23,050.
2
2017-119
DULY AND REGULARLY ADOPTED this 10th, October, 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 to Resolution
ITEM NO. 7C2
1
Meeting Date: October 10, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Contract with R3 Consulting Group for Solid Waste Services
RECOMMENDED ACTION: Approve contract with R3 Consulting Group for Solid Waste
Services and approve resolution making related budget adjustments.
BACKGROUND: During the past year there have been numerous changes in solid waste in
Rohnert Park. Most of these changes remain in process. The changes include:
a. Completion of a detailed review of the rates of Rohnert Park’s franchise hauler, Rohnert
Park Disposal.
b. Negotiations, still underway, of contract changes with Rohnert Park Disposal.
c. Extensions of agreements with haulers of construction and demolition debris, followed by
the procurement of construction and demolition haulers through a Request for Proposals
process, which we expect to complete this fall.
d. The purchase of the assets of Rohnert Park Disposal by Recology, and a request for the
City to assign our Franchise Agreement to Recology; this purchase is in process.
e. Improved monitoring of solid waste contracts, which continues.
f. An analysis of the City’s options for hauling green waste, completed earlier this year.
Managing the City’s solid waste responsibilities in times of substantial change requires
substantial time and expertise. City staff lack capacity in both areas, and so like many cities
contracts with expert consultants to provide assistance. The City has worked closely with R3
Consulting on the tasks above, and continues to need their assistance to complete the work
outlined above.
ANALYSIS: The proposed contract will provide City staff with the consulting help needed for
the following tasks:
1. Monitoring contractor performance: R3 will develop tools and train City staff so that we
can take over lead responsibility for contract monitoring, while providing assistance as
the City staff take on this role. We expect this training and guidance during
implementation to take about six months, which is the time to review two rounds of
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. 7C2
2
quarterly reports from the haulers, and then City staff should be sufficiently prepared and
experienced to assume these responsibilities. Cost: $12,025
2. Annual Rate Review: Rohnert Park Disposal (or Recology) is entitled to an annual
review of its rates. R3 will conduct this review in 2018 while training City staff to take
this on in the future. Cost: $3,762 (to be reimbursed by vendor)
3. Contract Negotiations: R3 will assist staff in completing negotiations to change and
update our contract with Rohnert Park Disposal. Cost: $13,500 (to be reimbursed by
vendor)
4. Completion of the Construction and Demolition Procurement: R3 will work with City
staff to complete this procurement process and implement new contracts. Cost: $8,496 (to
be reimbursed by selected vendors)
Additionally, R3 is reviewing some data regarding the request to assign Rohnert Park’s
contract with Rohnert Park Disposal, as well as similar contracts with other cities, to
Recology. This is being done on a regional basis through an R3 agreement with the City of
Petaluma, so there is no need for additional funding from Rohnert Park. The City Attorney is
also reviewing the assignment request, including components specific to Rohnert Park.
Finally, the City’s contract with Rohnert Park Disposal (or with Recology, should the City
agree to assign our franchise agreement to them) expires in June, 2020. The procurement
process for a new contract, along with the time to transition to a new vendor if one is
selected, takes nearly two years. Thus, by the summer of 2018 the City will need to either
negotiate an extension with Rohnert Park Disposal (or Recology), or initiate the procurement
process. Assistance with these efforts is not included in the proposed agreement.
ALIGNMENT WITH STRATEGIC PLAN: The proposed approach is consistent with the
Strategic Plan’s Goal C to ensure the effective delivery of public services.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approving the contract with R3 Consulting
because it provides the time and expertise to properly manage the City’s solid waste
responsibilities.
2. Alternative: Staff also considered conducting this work in-house and did not recommend
this option because we lack the time and expertise.
3. Alternative: Staff explored the potential for other vendors to assist, but could not find
others as well qualified as R3 Consulting.
FISCAL IMPACT/FUNDING SOURCE: The contract is for a not-to-exceed amount of
$42,783; costs for each Task are estimated above, and about 70% will be reimbursed by the
vendors. The total includes a $5,000 contingency, as well as the flexibility for staff to move
funds among tasks if needed.
ITEM NO. 7C2
3
The FY 16-17 budget includes $31,215 for solid waste consulting. Approximately $20,000 has
been spent on work to date by R3 Consulting under prior agreements. Thus, staff is requesting a
budget adjustment of $35,000 to ensure sufficient funding is available.
The City’s Refuse Fund has sufficient income from reimbursements and existing fund balance to
cover the proposed adjustment.
Department Head Approval Date: N/A
Finance Director Approval Date: October 3, 2017
City Attorney Approval Date: N/A
City Manager Approval Date: October 3, 2017
Attachments (list in packet assembly order):
1. Resolution Increasing Appropriations in Refuse Fund
2. Contract with R3 Consulting
RESOLUTION NO. 2017-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO
INCREASE APPROPRIATIONS FOR FY 2017-18 FOR A CONTRACT WITH R3
CONSULTING GROUP
WHEREAS, the City Council of the City of Rohnert Park adopted the FY 2017-18
Budget on June 13, 2017; and,
WHEREAS, the City Council has the authority to amend the budget; and,
WHEREAS, during the past year there have been numerous changes in solid waste in
Rohnert Park including:
a. Completion of a detailed review of the rates of Rohnert Park’s franchise hauler, Rohnert
Park Disposal;
b. Negotiations, that are still underway, of contract changes with Rohnert Park Disposal;
c. Procurement of construction and demolition haulers through a Request for Proposals
process;
d. Purchase of the assets of Rohnert Park Disposal by Recology, and a request for the City to
assign our Franchise Agreement to Recology;
e. Improved monitoring of solid waste contracts;
f. An analysis of the City’s options for hauling green waste; and,
WHEREAS, the City needs help to evaluate the following tasks:
1. Monitoring contractor performance and training staff to perform this function;
2. Annual Rate Review;
3. Contract Negotiations;
4. Completion of the Construction and Demolition procurement;
WHEREAS, funds are available in the Refuse Fund to fund the contract.
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 Director of Finance to increase FY 2017-18 Refuse Fund appropriations by $35,000 to fund
the contract with R3 Consulting.
2
2017-120
DULY AND REGULARLY ADOPTED this 10th day of October, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: ________ BELFORTE: ________ CALLINAN: ________ STAFFORD: ________ MACKENZIE: _______
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A
[1]
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
R3 CONSULTING GROUP, INC.
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the 10th Day of October, 2017 by and between
the CITY OF ROHNERT PARK (“City”), a California municipal corporation, and R3
Consulting Group, Inc. (“Consultant”). This Agreement replaces the May 10, 2016 and January
10, 2017 Agreements between the parties.
RECITALS
WHEREAS, City desires to obtain solid waste consulting services including providing
procurement services and contract negotiation and administration; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee shall represent City for all
purposes under this Agreement. R3 Consulting Group, Inc., Principal, Richard Tagore-Erwin is
hereby designated as the Project Manager. The Project Manager shall supervise the progress and
execution of this Agreement.
B. Consultant. The Consultant Richard Tagore-Erwin, Principal will have
overall responsibility for the progress and execution of this Agreement for Consultant.
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3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by reference.
B. Time of Performance. The services of Consultant are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. All services are to be completed as noted in Scope of
Work or as mutually agreed upon.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with all applicable legal requirements
and shall meet the standard of quality ordinarily to be expected of competent professionals in
Consultant's field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant shall be at the
rate and schedules attached hereto as Exhibit A, and incorporated herein by reference. Payment
by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such
defects were known to the City at the time of payment.
B. Timing of Payment. Consultant shall submit statements for work
performed. City shall make payment, upon completion of tasks, within thirty (30) days after
approval of the invoice by the Project Manager.
C. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written
amendment to this Agreement.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
is in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City’s request if
litigation is brought against City in connection with Consultant’s work product. Unless the
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action is brought by Consultant or is based upon Consultant’s negligence, City will compensate
Consultant for the preparation and the testimony at Consultant’s standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Consultant shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 21, or
otherwise terminated as provided herein.
7. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all work papers compiled by the Consultant
under the Agreement shall be vested in City, none of which shall be used in any manner
whatsoever, by any person, firm, corporation, or agency without the expressed written consent of
the City. Data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. (Except as stated in paragraph 19. D.
regarding Consultant not being liable for such use.). Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law. Consultant’s working papers, including audit
programs, analytical review schedules, and statistical sampling results, analyses and schedules
are the Consultant’s property.
9. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant’s performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
-4-
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees to at all times avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, Consultant hereby agrees to
defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its
officers, elected officials, employees, agents, and volunteers from and against any and all claims,
demands, damages, costs, liabilities, or obligations brought on account of or arising out of any
acts, errors, or omissions of Consultant, its officers, employees, agents, and subcontractors
undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful
misconduct of City. The City has no liability or responsibility for any accident, loss, or damage
to any work performed under this Agreement whether prior to its completion and acceptance or
otherwise. Consultant’s duty to indemnify and hold harmless, as set forth herein, shall include
the duty to defend as set forth in California Civil Code § 2778. 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 Consultant under Worker's Compensation, disability or other employee benefit
acts or the terms, applicability or limitations of any insurance held or provided by Consultant and
shall continue to bind the parties after termination/completion of this agreement. This
indemnification shall be regardless of and not in any way limited by the insurance requirements of this
contract. This indemnification is for the full period of time allowed by law and shall survive the
termination of this agreement.
13. Consultant Not an Agent of City. Consultant, its officers, employees and agents
shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Consultant, in the performance
of the work and services agreed to be performed by Consultant, shall act as and be an
independent contractor and not an agent or employee of City; and as an independent contractor,
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s
employees, and Consultant hereby expressly waives any claim it may have to any such rights.
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15. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. Consultant
shall maintain a City business license. The City is not responsible or liable for Consultant's
failure to comply with any or all of the requirements contained in this paragraph.
B. Workers’ Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
D. City Not Responsible. City is not responsible or liable for Consultant’s
failure to comply with any and all of its requirements under this section and Agreement.
E. Waiver of Subrogation. Consultant and Consultant's insurance company
agree to waive all rights of subrogation against City, its officers, elected officials, employees,
agents and volunteers for losses paid under Consultant's workers' compensation insurance policy
which arise from the work performed by Consultant for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by the City, or as required by law.
17. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
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its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
18. Insurance. Without limiting consultant’s indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit A to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5-days’ written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this Agreement
immediately upon written notice. In such event, Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred hereunder, an amount
which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall turn over to the City Manager immediately copies of studies, computations, and other data,
whether or not completed, prepared by Consultant or its subcontractors, if any, or given to
Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall
become the permanent property of the City. Consultant shall be entitled to retain copies of such
documents and shall not be required to erase all electronic backup copies or data. As stated
above in section 8, Consultant’s working papers remain the property of Consultant. Consultant,
however, shall not be liable for the City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory Services performed through the date of
temporary suspension.
21. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and Consultant and shall supersede all prior
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negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
or by e-mail. Any such notice, demand, etc. shall be addressed to the other party at the addresses
set forth below. Either party may change its address by notifying the other party of the change of
address. Notice shall be deemed communicated within 72 hours from the time of mailing if
mailed as provided in this section.
If to City: Don Schwartz, Assistant City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
dschwartz@rpcity.org
If to Consultant: Richard Tagore-Erwin, Principal
R3 Consulting Group, Inc.
1512 Eureka Road, Suite 220
Roseville, CA 95661
rterwin@r3cgi.com
26. Consultant’s Books and Records.
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
-8-
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant’s address indicated for receipt of notices in this
Agreement.
27. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
28. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, age, sex, creed, color, sexual orientation, marital status or national
origin. Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or
national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than the Consultant.
30. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
31. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
32. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Services and Compensation
As per attached R3 - Proposal Letter Dated September 28, 2017
B. Exhibit B: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
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when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
34. News Releases/Interviews. All Consultant and sub-consultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by the City.
35. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
36. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
37. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the
City of Rohnert Park disclosing Consultant and/or such other person’s financial interests.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK
CONSULTANT
By: __________________________________
City Manager
By:
Title:
Date: Date:
Per Purchasing Policy approved by Resolution 2016-51
APPROVED AS TO FORM:
By: __________________________________
City Clerk
Exhibit A
[10]
1208604v1 80078/0012 Revised: 10/27/10
EXHIBIT A
SCOPE OF SERVICES / COMPENSATION
SCOPE OF SERVICES and COMPENSATION:
Provide additional Solid Waste Consulting Services as outlined below and in the attached letter
from R3 Consulting Group, Inc. dated September 28, 2017.
TABLE 1
Budget
Task Budget Current Client Discount
Task 1 Monitoring Exclusive and
Non-Exclusive Contracts $13,361 $12,025
Task 2 Annual Service Recipient Rate
Review
$4,180 $3,762
Task 2 will be reimbursed by franchisee
Task 3 Exclusive Contract
Negotiations
$15,000 $13,500
Task 3 will be reimbursed by franchisee
Task 4 Non-Exclusive C&D
Competitive Procurement Process
$9,440 $8,496
Task 4 will be reimbursed by franchisee
Subtotal for Tasks 1-4 $41,981 $37,783
Contingency $5,000
Total Not to Exceed with Contingency $42,783
With City’s approval, funds for one or more Tasks may be allocated to other tasks.
TOTAL CONTRACT NOT TO EXCEED $42,783
[11]
EXHIBIT B
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 $1,000,000 (One
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, sub-consultants 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.
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
[12]
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. Bests 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
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
[13]
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, non-
contributing 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 that
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.
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
[14]
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.
[15]
CERTIFICATE OF CONSULTANT
I, HEREBY CERTIFY that I am Richard Tagore-Erwin, Principal, of R3 Consulting
Group, Inc., whose address is 1512 Eureka Road, Suite 220, Roseville, CA 95661 and that I here
represent has not:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature
[16]
www.r3cgi.com
1512 Eureka Road, Suite 220, Roseville, CA 95661
Tel: 916-782-7821 | Fax: 916-782-7824
2600 Tenth Street, Suite 424, Berkeley, CA 94710
Tel: 510-647-9674
627 S. Highland Avenue, Suite 300, Los Angeles, CA 90036
Tel: 323-559-7470
September 28, 2017
Mr. Don Schwartz
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Subject: Proposal to Continue Providing Solid Waste Technical Services
Dear Mr. Schwartz:
R3 Consulting Group, Inc. (R3) is pleased to present this proposal to the City of Rohnert Park (City)
to provide ongoing Solid Waste Consulting Services. Please note the proposed new work tasks and
budgets are in addition to our current work for the City, which is summarized below.
Our proposed new scope of works of budget request is outlined on the following pages.
Scope of Work
This scope of services provides the City with ongoing solid waste technical services, which may include,
but are not limited to, the sub-tasks set forth below. The specific tasks to be performed and the amount
of time to be allocated to each task will be dependent on the requests of the City and the not-to-exceed
budget. Please note that the following work is proposed separate and in addition to prior contracts.
Task 1 Monitoring Exclusive and Non-Exclusive Contracts
Task 1.1 Develop Exclusive and Non-Exclusive Reporting Forms
To assist the City in monitoring the exclusive and non-exclusive franchise agreements, R3 will develop a
quarterly and annual form to distribute to exclusive and non-exclusive franchisees. This tool will include
a detailed checklist designed as an administration tool for the City of Rohnert Park staff or its
designated representative.
[17]
Task 1.2 Report Monitoring Training (Jan. 1 – June 30, 2018)
R3 will train up to two (2) City staff in monitoring the Exclusive and Non-Exclusive Franchisees. City staff
will learn how to track and monitor reports, Franchise Fees, and other deliverable requirements, which
are set forth in the franchise agreements. For all franchise agreements, R3 assumes that the City’s
franchisees will be submitting required reports and data directly to R3 in the required electronic format
(Task 1.1).
Some of the items to be monitored are:
Monthly Franchise Fee payments;
Quarterly and annual reports, which are to include:
Compliance with the diversion requirements;
Review of annual rate adjustment to ensure it is calculated correctly;
Vehicle registration, licensing and inspection;
Education and Recycling/Re-Use Support program requirements;
Insurance certificates and performance bond; and
Liquidated damages for non-compliance.
R3 suggests quarterly meetings with the all haulers will be conducted to review compliance. R3 will first
meet with City staff prior to the end of the first quarter to cover the reporting requirements of each
contract and how to verify compliance with those requirements.
R3 will then meet with City staff to train on monitoring the Exclusive and Non-Exclusive Franchisees
reports on the same day, prior to and after, the quarterly meetings with all haulers. Exclusive and Non-
Exclusive Franchisee quarterly meetings and staff training shall take place on the same day.
Following the quarterly meetings, R3 staff will be available to answer City staff questions as new reports
are submitted by the franchisees.
Task 1 Deliverables:
Quarterly and Annual Reporting Forms in electronic format;
Checklist for exclusive and non-exclusive agreement monitoring;
Initial training session with City staff;
Attendance at two (2) quarterly meetings; and
Two (2) quarterly report monitoring training sessions with City staff.
Task 2 Annual Service Recipient Rate Review
R3 will conduct the City’s annual customer rate application adjustments. RPD is required to submit
financial information to the City by May 1st, annually, as part of its application for an adjustment in
Contractor’s Maximum Refuse Rates. R3 will review the financial information provided, for accuracy,
and notify the City whether the Contractor has correctly calculated its adjustment. R3 will communicate
with RPD in the event that calculation errors exist, and will reevaluate calculation errors as part of the
resubmitted Application. Following the rate application review, R3 will also meet with City staff to train
on the annual customer rate application adjustment.
Task 2 Deliverables:
One (1) annual service recipient rate review training session with City staff; and
Memorandum summarizing R3’s review of the rate application.
[18]
Task 3 Exclusive Contract Negotiations
R3 will continue to work with the City staff and City Attorney to finalize the exclusive franchise
agreement. This is scheduled to be completed in October 2017 and presented to City Council as
appropriately scheduled by City Staff.
Task 3 Deliverables:
Complete new and restated franchise agreement for the City’s current franchise provider;
Attend meetings with City Staff, current franchise provider (RPD and Recology); and
Attend up to two (2) public meetings related to the new and restated agreement (i.e., City
Council and Waste and Recycling Committee).
Task 4 Non-Exclusive C&D Competitive Procurement Process
R3 will continue to work with City staff to complete the non-exclusive C&D competitive procurement
process. This is scheduled to be completed and presented to City Council in November 2017.
Task 4 Deliverables:
Prepare addenda to RFP;
Memorandum summarizing evaluation of applications submitted through the competitive
procurement process;
Preparation of agreements with selected vendors;
Assistance in preparing staff report for City Council; and
Attend up to two (2) public meetings related to the C&D Competitive Procurement Process (i.e.,
City Council and/or Waste and Recycling Committee).
Budget
Please note, the budget below assumes all budget from prior contracts has been depleted. If directed
by City, the budget for each individual task may be moved from one task to another.
TABLE 1
Budget
Task Budget Current Client Discount
Task 1 Monitoring Exclusive and
Non-Exclusive Contracts $13,361 $12,025
Task 2 Annual Service Recipient Rate
Review
$4,180 $3,762
Task 2 will be reimbursed by franchisee
Task 3 Exclusive Contract
Negotiations
$15,000 $13,500
Task 3 will be reimbursed by franchisee
Task 4 Non-Exclusive C&D
Competitive Procurement Process
$9,440 $8,496
Task 4 will be reimbursed by franchisee
Subtotal for Tasks 1-4 $41,981 $37,783
Contingency $5,000
Total Not to Exceed with Contingency $42,783
[19]
Contingency
R3 has included a contingency for the above tasks to cover any unknowns, such as additional meetings,
additional work tasks as requested by City that may come up during the course of prosecuting these
work tasks. Note that use of the contingency would need pre-authorization to by the City.
We appreciate the opportunity to be of assistance to the City. If you have any questions regarding this
submittal, please feel free to contact me or Carrie Baxter by phone at (916) 782-7821 or by email at
rterwin@r3cgi.com or cbaxter@r3cgi.com.
Sincerely,
Richard Tagore-Erwin | Principal
R3 CONSULTING GROUP, INC.
ITEM NO. 7C3
1
Meeting Date: October 10, 2017
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Adopt a Resolution Approving an Update to the Records Retention Schedule
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving an update to the Records
Retention Schedule.
BACKGROUND:
A records management program provides for the efficient and proper management, destruction,
and protection of the City’s records. For example the program identifies the City’s historical
records, states these records require special handling and storage, and are kept permanently.
Components of the records management program are the Records Management Policy,
authorized and approved by Resolution 2016-84, which works in conjunction with the Records
Retention Schedule (“Schedule”), authorized and approved by Resolution 2017-021. The
Schedule provides clear, specific records descriptions, identifies the department maintaining the
records, and establishes the retention periods to effectively manage the preservation and
disposition of City’s records and to comply with current legal standards and business practices
for California cities.
As anticipated, staff is returning to the City Council with proposed revisions to the Schedule.
The Human Resources Department and Clerk’s Office have been using the Schedule and have
identified clerical errors and changes that will better fit the City’s processes and practices.
ANALYSIS:
A records retention schedule is a planned and systematic policy governing the period of retention
for all types of records regardless of format in every department of the City. Under the California
Government Code, records retention schedules approved by legislative bodies via resolution have
the legal authority over the disposition of City records. Retention schedules are considered
current for five (5) years unless amended sooner due to a change in the agency’s records keeping
practices.
The proposed updates better fit the needs of the Human Resources Department and comply with
state and federal statutes. The updates also balance transparenc y to ensure public access to the
activities of the City with efficient business operations regarding records retention. The City
Attorney’s Office has reviewed and approved of the proposed changes.
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. 7C3
2
Update highlights:
• Removal of statutory references that do not pertain to the record series and adjustment to the
associated retention period as appropriate.
• Correction of clerical errors such as duplications, spelling, and retention period formatting to
ensure consistency throughout.
• Corrections to record series descriptions and department of record.
As departments continue to utilize the Records Retention Schedule, it is anticipated that staff will
return to the City Council periodically with proposed revisions to departmental retention
schedules as needed.
STRATEGIC PLAN ALIGNMENT:
Approving an update to the Records Retention Schedule fulfills Goal C-3-1 Ensure the Effective
Delivery of Public Services, Integrate Technology into Operations – Records Retention: Update
retention schedule and procedure.
OPTIONS CONSIDERED:
1. Adopt a Resolution approving an update to the Records Retention Schedule.
2. Do not approve an update to the Records Retention Schedule. This option is not
recommended because the existing Records Retention Schedule would require the Human
Resources Department to keep some records longer than legally required which requires
space to retain the records.
FISCAL IMPACT/FUNDING SOURCE:
There is no fiscal impact in updating the Records Retention Schedule.
Department Head Approval Date: NA
Finance Director Approval Date: NA
City Attorney Approval Date: 9/26/2017
City Manager Approval Date: 10/4/2017
Attachments (list in packet assembly order):
1. Proposed changes to the Records Retention Schedule
2. Resolution approving updates to the Records Retention Schedule
3. Resolution attachment- Updated Records Retention Schedule
1
RESOLUTION NO. 2017-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AN UPDATE TO THE RECORDS RETENTION SCHEDULE
WHEREAS, the declared purpose of this Resolution is to provide direction to City
Officials, employees, contractors, and volunteers for the proper and efficient management of City
of Rohnert Park records consistent with the requirements of federal and state laws including
California Government Code Section 6250 et seq. “Public Records Act”; and
WHEREAS, California Government Code Section 34090 et seq. sets forth certain legal
requirements relating to the retention of certain municipal records and provides parameters
whereby any City record that has served its purpose and is no longer required may be destroyed;
and
WHEREAS, the City Council approved a new Records Retention Schedule by
Resolution 2017-021; and
WHEREAS, the City Clerk’s Office and Human Resources Department have identified
and removed or rearranged statutory references from the Records Retention Schedule that do not
pertain to a particular record series and adjusted the associated retention period as appropriate;
and
WHEREAS, the City Clerk’s Office and Human Resources Department have identified
and corrected clerical errors and inconsistencies; and
WHEREAS the City Clerk and City Attorney find the attached Records Retention
Schedule complies with federal and State statues; and
WHEREAS, it has been recommended that an amended Records Retention Schedule be
adopted. The amended Records Retention Schedule is attached and incorporated into this
resolution as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The amended Records Retention Schedule, attached hereto as Exhibit A
and incorporated herein by t his reference, is hereby approved.
Section 2. The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
Section 3. This resolution shall become effective immediately upon its passage and
adoption.
2
2017-121
DULY AND REGULARLY ADOPTED this 10th day of October, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A Records Retention Schedule
AHANOTU: _________BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A to Resolution
City Clerk’s Office
130 Avram Avenue
Rohnert Park, CA 94928
February 14, 2017
Adopted: Resolution 2017-021
Amended: Resolution 2017-xxx
Records Retention Schedule
Page i - V.1 2017
Contents
Legends ........................................................................................................................................................ iii
Using the Record Retention Schedule ......................................................................................................... iv
Modifications and Additions .................................................................................................................... iv
Use of Schedule ........................................................................................................................................ iv
Contact Us ................................................................................................................................................ iv
ALL DEPARTMENTS ....................................................................................................................................... 1
Risk Management ..................................................................................................................................... 9
ADMINISTRATION ....................................................................................................................................... 11
City Manager ........................................................................................................................................... 11
Information Services ............................................................................................................................... 11
Legal ........................................................................................................................................................ 12
CIP (CAPITAL IMPROVEMENT PROJECTS) .................................................................................................... 13
CITY CLERK ................................................................................................................................................... 14
City Council .............................................................................................................................................. 17
Elections .................................................................................................................................................. 18
COMMUNITY SERVICES ............................................................................................................................... 20
Parks & Recreation .................................................................................................................................. 20
Performing Arts Center (PAC) ................................................................................................................. 21
DEVELOPMENT SERVICES ............................................................................................................................ 23
Building.................................................................................................................................................... 23
Code Compliance .................................................................................................................................... 25
Engineering ............................................................................................................................................. 25
Planning ................................................................................................................................................... 28
Housing ................................................................................................................................................... 31
FINANCE ...................................................................................................................................................... 32
Administrative Services ........................................................................................................................... 32
General Accounting ................................................................................................................................. 32
Fixed Assets ............................................................................................................................................. 34
Payroll...................................................................................................................................................... 34
Purchasing ............................................................................................................................................... 35
Reports .................................................................................................................................................... 35
Treasurer ................................................................................................................................................. 36
Page ii - V.1 2017
Public Financing Authority ...................................................................................................................... 38
HUMAN RESOURCES ................................................................................................................................... 39
PUBLIC SAFETY ............................................................................................................................................ 43
Animal Services ....................................................................................................................................... 44
Fire Safety................................................................................................................................................ 45
Police ....................................................................................................................................................... 48
PUBLIC WORKS ............................................................................................................................................ 56
Facilities & Pools Management ............................................................................................................... 56
Fleet/Vehicles .......................................................................................................................................... 58
Park Maintenance ................................................................................................................................... 59
Sanitation / Solid Waste / Wastewater ................................................................................................... 60
Streets / Alleys ........................................................................................................................................ 61
Utilities .................................................................................................................................................... 61
Water Resources ..................................................................................................................................... 63
Page iii - V.1 2017
Legends
CITATION CODES
B&P = Business And Professions GC = California Government Code
CAC = California Administrative Code H&S = Health & Safety
CBC = California Building Code HUD = Housing And Urban Development
CCP = Code Of Civil Procedure LAB = California Labor Code
CCR = California Code of Regulations OMB = Office of Management & Budget
CEC = California Evidence Code OSHA = Occupational Safety & Health Act
CEQA = California Environmental Quality Act PC = Penal Code
CFC = California Fire Code POST = Police Officers Standards Training
CFR = Code Of Federal Regulations R&T = California Revenue & Taxation Code
EC = Election Code SEC = Security Exchange Commission
EVC = California Evidence Code UFC = Uniform Fire Code
FA = California Food and Agriculture USC = United States Code
FC = California Financial Code VEH = Vehicle Code
FMLA = Family & Medical Leave Act 1993 W&I = Welfare & Institutions Code
FPPC = Fair Political Practice Commission
Retention Codes
AC = Active FD = Final Disposition
AD = Adoption I = Indefinite
AU = Audit L = Life
CU = Current Year M = Month
CL = Closed/Completed P = Permanent
DOB = Date of Birth S = Superseded
E = Election T = Termination
Y = Year
Acronyms
CCMS = Citywide Content Management System MOA = Memorandum of Agreement
DOJ = Department of Justice MOU = Memorandum of Understanding
FEMA = Federal Emergency Management
Agency MSDA = Material Safety Data Sheet
FPPC = Fair Political Practice Commission REMIF = Redwood Empire Municipal
Insurance Fund
FTC = Federal Trade Commission RFI = Request for Information
JPA = Joint Powers Agreement RFP = Request for Proposal
LOI = Letter of Intent RFQ = Request for Qualifications
Page iv - V.1 2017
Using the Record Retention Schedule
The retention schedule is intended to direct City staff on when and how to disposition City records after they have exceeded their lifecycle, it also
provides you with the location and/or the Department of Record. Below is a descriptive sample of a record from the schedule, with category
explanations:
Record Series Retention Statutory
Reference
Disposition Descriptor/Content Depart. of Record
Whenever possible records
have been combined into a
series of like items for
example “Agreements /
Contracts”. In some cases
records are so unique that
their record name stands
alone such as “Historical”.
This is the total
amount of time that
is required, either
by federal, state,
local statue, or
internal policy.
Notes any
applicable
government code
or policy related
to the record’s
retention.
Refers to what will be
done at the end of a
records lifecycle:
either: destroy, retain
permanently, or
transferred to the
Rohnert Park storage
facility.
When a record goes by more than one name, the
alternative names are listed here. The purpose or
function of the record is described. A series of
records may be comprised of several document
types, documents that most likely will be found in
this series are listed. Any other notes, exceptions,
or special instructions relating to the record or
record series are listed here.
Department responsible for
maintaining the original record.
Departments not listed under
“Department of Record” are
deemed to have a duplicate
copy of such records and may
destroy the copy at any time.
Modifications and Additions
Because records reflect activities that are constantly changing, the retention requirements for records sometimes require revision as well.
Consequently, records retention and disposition schedules often need modification or additions in order to be realistic and effective. There may be
some retention periods and disposition requirement within this schedule that may change between major reviews of the schedule. The City Clerk’s
Office welcomes all comment and suggestions concerned with improvement of record retention schedule through modifications and additions. Use of Schedule
This PDF document contains bookmarks. To utilize bookmarks, open the document, click “View” “Show/Hide” “Navigation Panes” and select
“Bookmarks.” When using this Retention Schedule it may require a search mode (find), use “Control (Ctrl) F”, a pop-up box will appear, use search
word or words to find specific documents for your retention needs. Contact Us
For further information on any records management, record preservation, or disposition issues, please contact:
City Clerk’s Office
130 Avram Avenue, Rohnert Park, CA 94928
Phone: 707-588-2227
Email: cityclerk@rpcity.org
Page 1 - V.1 2017
ALL DEPARTMENTS
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Affidavits of Publications,
Public Hearing Notices,
Legal Advertising,
Affidavits of Posting
CU + 4Y GC34090,
54960.1(c)(1),
911.2; CCP 337,
343, 349 et seq.
Destroy Notices of Postings, public notices, and legal publications.
Note: Brown Act challenges must be filed within 30 or 90 days of
actions; Statute of Limitations on Municipal Government actions is 3-6
months.
Lead
Department
AGREEMENTS /
CONTRACTS
Letters of Intent, leases, Memoranda of Agreement (MOAs), Memoranda
of Understanding (MOUs), Joint Powers Agreements (JPAs), etc.
Assessment Districts P GC 34090 Permanent City Clerk
CIP (capital
improvement projects)
/ Infrastructure / MOUs
/ JPAs
P CCP 337, 337.1(a),
337.15, 343;
GC34090; H&S
19850 contractor
has retention
requirements in 48
CFR 4.703(a).
Statute of
limitations is 4
years; 10 years for
Errors &
Omissions; Land
records are
permanent.
Permanent Agreement or contract includes all contractual obligations (e.g. RFP,
RFQ, Scope of Work or Successful Proposal, Amendments), and Initial
Insurance Certificate.
May include, but is not limited to Request for Proposals (RFP),
Request for Qualifications (RFQ) bid exemption documents, bid and
quote lists, notices of bid opening and award, bid advertising records,
tally sheets, bid specifications, bid award letter, notice of completion.
T hese records include documentation that establish, change, amend,
or close projects. May include, but not limited to: Projects; capital
projects; assessment district CIP; private development fund; operating
grants; external funded programs; special program donations; non-
capital multi-year.
Examples: Architects, buildings, bridges, covenants, development,
environmental, Joint Powers, MOUs, park improvements, property &
property restrictions, redevelopment, reservoirs, sewers, sidewalks,
street & alley improvements, settlement, subdivision, utilities, water, etc.
City Clerk
Development P CCP337, 337.1(a),
337.15, 337.2, 343;
AC16023;
GC34090,
GC65864, 65869.5;
48 CFR 4.703
Permanent Infrastructure contracts, franchises. Including subdivision agreements,
contracts for sale or purchase of property, cable, grant of easements
and/or involving construction of improvements.
City Clerk
Page 2 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
General Agreements
and Contracts (Non
capital improvement
projects / Non
Infrastructure
CL or T +
5Y
CCP 337 (4Y);
CCP 343 (4Y);
GC 34090 (2Y);
US 26 CFR;
31.6001-1
(CU+4Y);
US 29 CFR 516.5
(3Y);
US 40 CFR;
122.21(p) (3Y);
US 40 CFR;
122.41(j) (3Y); US
49 CFR 107.504
(CL+2Y); B&P
7042.5; PU7685;
48 CFR:2;
GC53066
Destroy Executed agreement or contract includes all contractual obligations
(e.g. RFP, RFQ, Scope of Work or Successful Proposal,
Amendments), and Initial Insurance Certificate.
Includes: contracts, exhibits, bid documents, change orders and
amendments. May also include significant related correspondence,
copies of payments, receipts, and other supporting papers used in
managing the contract.
Examples: Consulting, Grant agreements, loan agreements, lease
agreements, legal services, professional services, goods, permit and
licensing agreements, software licensing agreements, recycled water
agreement, etc.
Note: State guidelines recommend 5Y after grant closure, loan
termination.
City Clerk
Franchises P GC 34090, 65864,
65869.5
Permanent City Clerk
Investment
Agreements
P GC34090(d); CCP
337(a)
Permanent Note: see “All Departments” Agreements and Contracts section. City Clerk
JPA P GC34090(e) City Clerk
NOT Awarded CU + 2Y GC34090 Destroy Records and information created or retained in the preparation of
purchasing or acquisition of goods and services, but where the
purchase order, contract, or agreement was not awarded.
Lead
Department
Page 3 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Real Property L + 10Y CCP 315 (LA10Y)
CCP 337.1 (CL+4Y)
CCP 337.15 (LA10Y)
GC 34090 (2Y)
US 26 CFR 31.6001
(CU+3Y)
US 29 CFR 516.5
(3Y)
US 40 CFR 70.6
(CL+5Y)
US 40 CFR 122.21(p)
(3Y)
US 40 CFR 122.41(j)
(3Y)
US 49 CFR 107.504
(CL+2Y)
Destroy Executed agreements, contracts, leases between the City and other
parties pertaining to real estate and facilities.
Addendums, Amendments, Attachments / Exhibits, Bids, Awards
(Accepted), Certificates of Insurance, Change Orders, Delivery Records
Disclosures, Exhibits, Improvement Agreements, License Agreements,
Licenses, Performance Bonds, Price Lists, Property Improvement
Contracts, Purchase Orders, Quotations, Receiving Reports, Real Estate
Leases, Attachments, Requests for Information (RFI), Requests for
Proposal (RFP), Requests for Quote (RFQ), Requisitions, Schedules,
Scorecards, Specifications, Statements of Work (SOW), Surety Bonds (bid
bonds, payment bonds, performance bonds, ancillary bonds), Warranties.
Note: Annexations are permanent.
City Clerk
Settlements P CCP 337.337.1(a),
337.15, 343;
GC34090,
contractor has
retention
requirements in 48
CFR 4.703(a)
Permanent Including Litigation Settlements. City Clerk
Budget Operating (Dept.
copies)
S GC34090.7 Destroy Note: Department preference as to when the copy is no longer of any
use.
Finance
Calendar and Scheduling CU + 2Y GC34090 Destroy Appointment books, work schedules, planners, daily assignment
sheets, shift schedules. Records kept that document and facilitate the
routine planning and scheduling of meetings, appointments, daily
tasks, work assignments, shift assignments, vacation and/or day off
schedules. Includes: weekly schedule sheets, work schedules,
appointment logs, and work assignment memos.
Lead
Department
Committees / Taskforces
- Internal
CL + 2Y GC34090 Destroy Staff meetings, meetings not formed by City Council and not regulated
by the Brown Act. Includes: All records, working files, general subject,
minutes, agendas, and audio/visual recordings.
Lead
Department
Page 4 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Complaint Files -
Personnel
CL + 5Y EVC 1045; GC
12946; PC 801.5,
803(c);
Destroy Documents complaints about employees, employee actions, or
employee conduct. Includes forms and correspondence.
Note: Does not include complaints or investigations of a peace officer
involved shooting or high profile case records or case record
complaints and employee rights.
Human
Resources and
Public Safety
Complaint Files - Citizen CL + 2Y CCP 338 et seq,
342; GC 945.6,
34090
Destroy Documents complaints about customer service, maintenance, repairs,
or materials. Includes: forms, service requests, and correspondence.
Lead
Department
Copies / Duplicates No longer
required
GC34090 Destroy Copies / duplicates are non-records and can be destroyed when no
longer required.
Note: Department preference as to when the copy is no longer of any
use.
Lead
Department
Correspondence and
General Files that are
drafts, notes, preliminary
drafts, transitory
Non
Records
GC34090, 6252,
6254(a); 64 Ops.
Cal. Atty. Gen.
317(1981)
Destroy Electronic and paper records are filed and retained based upon their
content. E-mails, electronic records, or social media postings that ARE
made or retained for the purpose of preserving the informational
content for future reference are saved by printing out and placing them
in a file folder, or saving them electronically. Items typically not records:
copies, superseded manuals, holiday notices, notes, drafts, working
documents in preparation of other documents, catalogs, trade journals,
materials that have no substantial value, blank forms and paper kept
as supplies, meeting room registrations, telephone messages,
invitations, logs, checklists, thank you notes, undeliverable envelops,
visitor logs, voice mails, webpages, instant messaging, social media
posting, e-mails and letter such as transmittals and acknowledgements
of receipt, etc. not maid or retained in ordinary course of business for
the purpose of preserving the informational content for future
reference.
Note: Consult the Records Management Policy to determine if a record
is considered transitory/preliminary draft.
Lead
Department
Page 5 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Correspondence and
General Files
CU + 2Y GC34090 Destroy Electronic and paper records are filed and retained based upon their
content. E-mails, electronic records, or social media postings that ARE
made or retained for the purpose of preserving the informational
content for future reference are saved by printing out and placing them
in a file folder, or saving them electronically. Administrative, subject,
chronological, general files, letters, memorandums, working files, staff
correspondence, email, notices, and requests.
Note: consult the Records Management Policy to determine if a record
is considered a record.
Lead
Department
Correspondence from
Regulatory Agencies
CL + 2Y
See Note
GC34090 Destroy
Note: Retain until issues is resolved.
Lead
Department
Employee Records –
Supervisory File
See Note GC34090
Upon
separation
send to
Human
Resources
Records document an employee’s history at the Department level.
Includes: copies of personnel action form, leave of absence forms;
safety and training records, correspondence, time off requests,
documented counseling, commendations, citations, and other
employee related information.
Note: maintained in a separate folder by department supervisor to be
incorporated into performance evaluation, or to document progressive
discipline. Upon separation send to Human Resources.
Lead
Department
Employee Training,
Course and Training
Records (Public Safety &
Non-Safety Employees)
T + 5Y
GC12946, 34090
8 CCR 3203
(CU+1);
GC53235.2(b) (5Y);
29 CFR 1602.14
(1Y),
29 CFR 1602.31
(CU+2Y); LAB
3076.3 (5Y)
Destroy Records associated with or documenting the job-related instruction of
employee/officials for job proficiency, enhancement or for skill
attainment.
Includes: completed tests, quizzes, certificates of completion, and
certifications.
Note: records can be destroyed 5 years after termination of
employment
Lead
Department
and Human
Resources
Page 6 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Employee Training
Materials, Schedules
(Public Safety & Non-
Safety Employees)
S + 6Y GC12946;
GC34090; 8 CCR
3203 (CU+1);
GC53235.2(b)
(5Y); LAB 3076.3
(5Y); 29 CFR
1602.14 (1Y);
29 CRF 1602.31
(CU+2);
45 CFR 164.530(j)
(CY+6Y)
Destroy Documentation regarding the content of training courses and
schedules for training offered to employees.
Including: course brochures, presentation materials, testing materials.
Lead
Department
and Human
Resources
Equipment (Office)
Ownership and
Maintenance Records
T + 2Y GC34090 Destroy Records documenting the legal ownership and maintenance of all
office- owned equipment. May include, but is not limited to: date of
purchase or lease; purchase price; warrantee information; mak e and
model owner’s manual, and maintenance logs.
Lead
Department
Events, City Sponsored CL + 5Y
See Note
GC34090 Destroy Festival, Galas, Anniversary Celebrations, Receptions. Includes:
mailing lists, invitations, photographs, media releases,
correspondence, and event diagrams, supplier information, memos,
reports, supporting documents.
Note: transfer records of historical significance to storage facility.
Lead
Department
Events, Special CL + 5Y
GC34090
CCP 338
Destroy Records supporting the process to request a permit or reservation for
field use, facility use, park use, block parties, parades, special events,
street closures, or equipment.
May include, but is not limited to permit applications, correspondence,
and event diagrams.
Lead
Department
GIS Database / Data /
Layers both Citywide and
specialized
P GC34090 Permanent Graphic and non-graphic files for City, may also include Orthorectified
aerial photos and satellite images, detail drawings, site drawings,
seismic hazards, utility maps, water system, pumping facility mapping
project, city facilities, aerial infrastructure projects, coordination maps.
Public Works,
Community
Services,
Development
Services
Goals & Objectives S + 2Y GC34090 Destroy Department goals and objectives. Lead
Department
Page 7 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Grant Records - Awarded CL + 10Y
See note
GC34090; 2
CFR200.33; 7CFR
3016.42; 21 CFR
1403.36(i)(11) &
1403.42(b); 24
CFR 85.42,
91.105(h), 92.505,
570.490,
570.502(a)(b), 29
CFR 97.42; 40
CFR 31.42; OMB
Circular A102, A-
110, A-128 & A-
133
Destroy Documents the application, evaluation, awarding, administration,
monitoring, and status of grants in which a local government entity is
the recipient, grantor, allocator, or administer. Grants may come from
federal or state governments, foundations or other private funding
sources. Includes: applications including project proposals, summaries,
objectives, activities, budgets, exhibits, an aware notification, grant
evaluation records and recommendations concerning grant
applications, grant administration records including progress reports,
budgets, project objectives, proposals, and summaries, records
documents allocation of funds, contracts, records monitoring project
plans and measuring achievement, equipment inventories, financial
reports, accounting records, audit reports, expenditure reports, and
related correspondence and documentation.
Upon closure, the following grant records shall be transferred to the
storage facility: Grant application package, award documents, and
summary, paper, or closing documents; all remaining records can be
destroyed.
Note: If grant requires an audit the records shall be held the total
retention + completion of the audit; whichever is longer. Refer to grant
application close-out procedure.
Lead
Department
Grant Records – Not
Awarded
2Y GC34090 Destroy Lead
Department
Historical P GC34090 Transfer to
storage
facility
Records preserving the City’s History which may include gifts,
donations, and contributions to the City, memorials or tributes by
private individuals or corporations. Includes: newspaper clippings,
photographs, memorabilia, donor and acknowledgement letters,
acquisition lists itemizing purchases made with contributed money
(books, art, equipment, etc.), conditions or restrictions, histor y of
fundraising events and related administrative records, and plaques.
Lead
Department
MSDS (Material Safety
Data Sheets)
30Y 8 CCR 3204
(d)(1)(B)(2 & 3); 29
CFR
1910.1020(d)(1)(ii)(
B), GC34090
Destroy Documents chemicals and hazardous materials owned, used, in the
possession in the course of City business. Previous MSDS may be
obtained from a service; MSDS may be destroyed as long as a record
of the chemical/substance/agent, where & when it was used is
maintained for 30 years. Applies to qualified employers; Claims can be
made for 30 years for toxic substance exposure.
City Clerk and
Lead
Department
Page 8 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
News / Press Releases,
City issued
2Y
See Note
GC34090 Destroy Prepared statements and announcements issued to the news media by
the City.
Note: transfer records of historical significance to storage facility.
Lead
Department
Photographs S + 2Y GC34090 Destroy General not associated with a project or historical record. Lead
Department
Policies & Procedures,
Departmental
S + 2Y GC34090(d) Destroy Documents the policies, procedural directives, and manuals developed
by the Department to govern its internal management functions.
Lead
Department
Policies & Procedures,
Administrative
S + 2Y GC34090(d) Destroy Documents the policies, procedural directives, and manuals developed
by the City to govern its internal management functions.
City Clerk
Publications: Brochures,
Newsletters, Reference
Materials, Bulletins
CU + 2Y GC34090 Destroy Newsletters, pamphlets, brochures, leaflets, reports, studies,
proposals, and similar published records.
Lead
Department
Purchase Orders See “Finance” Purchasing section.
Reports, Annual and
Special
CU + 2Y GC34090 Destroy Reports documenting the program or primary activities and/or
accomplishment of the City of program, division, department, of the
City. Includes: statistical analysis, narratives, graphs, diagrams, annual
reports, status or progress reports, and similar information. This does
not include staff reports created and/or presented by to the City
Council or other legislative body (See City Clerk Section).
Lead
Department
Subject / Project /
Program Working Files/
Chron Files
2Y GC34090 Destroy
Note: Retention is department preference.
Lead
Department
Surveys and
Questionnaires, City
issued
CL + 2Y GC34090 Destroy Includes: notes or papers used to develop survey tools, data collection
tools, results or analysis of collected data, and reports.
Note: If a summary of the data is compiled, the survey forms are
considered a draft or transitory record, and can be destroyed as drafts
(When no longer required). Does not include Development Surveys,
(Recording data and maps) recorded maps and monuments, water or
sanitary surveys.
Lead
Department
Page 9 - V.1 2017
All Departments -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Travel Records CU + 2Y GC34090 Destroy Lead
Department
Vehicle Assignment See “Public Works” Fleet / Vehicles section. Lead
Department Risk Management
Risk Management -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Accident Reports – City
Assets
CL + 7Y 29 CFR 1904.2; 29;* Destroy Reports and related records.
* CFR 1904.6
REMIF,
Human
Resources,
and lead
department
Accident, Incident, and
Injury Reports – Public
and Employee
CL + 7Y GC34090.7 Destroy Forms and documents non-vehicle accidents and injuries including
incident/loss reports.
REMIF,
Human
Resources,
and lead
department
Bonds, Insurance P CCP 337.2; 343 Permanent Bonds and insurance policies insuring city property and other assets. Finance
Claims, Damage CL + 5Y GC34090;
GC25105.5
Destroy Paid/Denied Redwood Municipal Insurance Fund (REMIF). Includes:
damage to person and property i.e. sidewalk, potholes, trip, etc.
REMIF and
Clerk’s Office
Claims, Property Loss
Recover
CL + 5Y GC34090(d) Destroy May include but is not limited to: claims and records related to cost
recovery against persons or entities responsible for damage to City
property.
Finance &
Lead
Department
Incident Reports CL + 7Y 29 CFR 1904.2; 29
CFR 1904.6
Destroy Theft, arson, vandalism, property damage or similar occurrence
(excluding fire/law enforcement).
Lead
Department
Page 10 - V.1 2017
Risk Management -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Insurance, City’s P GC34090; CCP
336(a), 337
Permanent The City’s Insurance - Documents the terms and conditions of
insurance policies between local government and insurers. Types of
insurance include liability, property, group employee health and life;
motor vehicle, workers’ compensation, flood and others.
Includes: Proof of insurance includes certificates and endorsement
documents insurance coverage required for city contracts, permits,
leases and all other agreements and REMIF (Redwood Empire
Municipal Insurance Fund) accreditation, MOUs, agreements,
certificates, endorsements, policies.
Human
Resources,
City Clerk,
Purchasing
Insurance,
Liability/Property
P GC34090 Permanent May include liability, property, Certificates of Participation, deferred, use
of facilities.
Lead
Department
Insurance that cannot be
matched to an
Agreement, Contract,
project, grant, etc.
11Y GC34090; CCP
336(a), 337
Destroy
Note: Covers E&O Statute of Limitations; Published Audit Standards
4-7 years; Statute of Limitations: Contracts & Specs = 4 years,
Wrongful Death=completion + 5 years, Developers=completion + 10
years
Lead
Department,
Purchasing
Photographs, Negatives,
Film, Video
CL + 5Y GC34090 Destroy Lead
Department
Risk Management
Reports
CL + 5Y OMB 1220-0029; 29
CFR1904.4; GC
34090
Destroy Federal OSHA Forms; Loss Analysis Report; Safety Reports ; Actuarial
Studies
REMIF
Workers Compensation P CCR 14311,
15400.2, 8 CCR
10102, 3204(d)(1) et
seq; LAB 110-139.6;
GC6410, 12946; 29
CFR 1910.20
Permanent Claim Files, Reports, Incidents (working files) originals filed with
Administrator
Indemnity; PERS - working files - originals with Administrator.
90 years – Workers’ Compensation Indemnity Claims
75 years - pre-designated doctors
30 years – work related exposure records
15 years – medical only claims
10 years – employee first aid records
10 years - Workers’ compensation incidents
REMIF and
Human
Resources
Page 11 - V.1 2017
ADMINISTRATION City Manager
City Manager –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Economic Development
Programs and Services
CL + 10Y GC34090
CCP 337.15
Destroy Records and information documenting the City's economic development
programs.
Includes: business promotion programs, business recruitment
programs, community activities, demographics, economic development
programs, economic development strategy, parking management
strategies, retail incentive programs, and urban design plans.
City Manager
Speeches /
Presentations
2Y GC34090 Destroy City Manager Information Services
Information Services -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Helpdesk Information CL + 2Y GC34090 Destroy Note: Retention is department preference. IT
Network Information CU + 5Y GC34090; CCP
337.2, 343
Destroy Configuration maps and plans.
Note: Retention is department preference.
IT
Policies and Procedures S + 2Y GC34090 Destroy Management/Policies and supporting documentation including security. IT
Program Files and
Directories/Folders
Backups
CU + 2Y GC3409,
GC3409.7
Destroy Used for disaster recovery purposes only; Considered a copy and can
be destroyed when no longer needed.
All users’ files and folders are backed up daily to weekly to monthly
with a one year backup retained.
IT
Software Media,
Applications, Database
Systems, and Licenses
No longer
required
GC3409,
GC3409.7
Destroy City applications and databases running on servers including all cloud
databases.
Note: Department preference as to when the software is no longer of
any use.
IT
Surveillance Video 1Y GC34090.6 (a) Destroy IT
Page 12 - V.1 2017
Information Services -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
WORM/DVD-r/Blue
Ray-R or other
unalterable media that
does not permit
additions, deletions, or
changes
P GC60200, 12168.7,
EVC1550,
CCR22620
P For legal compliance for Trusted Electronic Records (when the
electronic records servers as the official record).
IT
Legal
Legal –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Agreements Contracts See “All Departments” Agreements/Contracts section.
Appeals, Civil CU + 3Y CCP
583.320(a)(3);
GC34090
Destroy REMIF
City Attorney
Case Log CL + 7Y CCP 337.2, 343 Destroy From Close of cases listed; Chronological listing of cases. City Attorney
REMIF
Criminal Prosecutions CL + 15Y GC34090 Destroy City Attorney
Litigation - Case Records
- (High Profile)
P GC6254 Permanent Significant cases which have importance/or set legal precedence.
Includes logs, complaints, police reports, court orders, motions, notes,
briefs.
City Attorney
Litigation - Case Records CL + 10Y GC911.2, 945.6,
34090, 34090.6;
PC 832.5; 42 USC
s1983
Destroy Includes logs, complaints, police reports, court orders, motions, notes,
briefs, closing statements (unless minors - 3 years after attaining 18).
City Attorney
REMIF
Litigation Final Settlement P GC911.2, 945.6,
34090, 34090.6;
PC 832.5
Permanent
Note: City Clerk retains settlement agreements.
City Attorney
REMIF
Index, Attorney Case L GC6254 Destroy Including notations on activities related to case. City Attorney
Opinions, Legal S + 2Y GC34090; 6254 Destroy Confidential. City Attorney
Pitchess Motions CL + 5Y GC34090;
EV1045(b)(1)
Destroy City Attorney
Subpoena Duces Tecum CL + 2Y GC34090 Destroy City Attorney
City Clerk
Page 13 - V.1 2017
CIP (CAPITAL IMPROVEMENT PROJECTS)
CIP –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Agreements
Contracts
See “All Departments” Agreements/Contracts section.
Capital Improvement
Projects & Master
Plans
P GC34090(d) Permanent Documents the administration of Capital Improvement Projects
(infrastructure and facility). Includes: Design Contract Agreement, Final
plans and specs, fully executed construction contract agreement and all
contract change orders, bonds, certification of occupancy, permits,
records drawings (as-built), regulatory agency approvals, Notice of
Award, Notice to Proceed, Notice of Completion, Completion Report.
Lead
Department
Capital Improvement
Projects
CL + 10Y CC337.15 Destroy Supporting documents including bidders list, non-winning bids, Copy of
Council Resolutions, project administration records, schedules, certified
payrolls, invoices and progress payments, submittals, requests for
information (RFI), material certifications, meeting notes, weekly working
day reports, reports, work orders, schedules, material testing reports,
energy calculations, structural calculations, correspondence, design
exception report, water books, water plans, soils reports, Topo surveys,
and structural calculations, CCTV videos and reports.
Lead
Department
California
Environmental Quality
Act (CEQA)
P GC34090(a);
CEQA
Guidelines
Permanent Exemptions, Negative Declarations, Environmental Impact Report,
Mitigation monitoring, negative declaration, notice of .determination,
comments, statements of overriding considerations
Lead
Department
Construction
Tracking, Daily
P CC337.15 Permanent Daily inspections. Lead
Department
Contractors CU + 2Y GC34090d Destroy Current CUCCAC listing. Lead
Department
Drawings, Traffic
Control Plan
P GC34090a Permanent Signs, signing & striping, road construction. Lead
Department
Master Plans, Annual S + 2Y GC34090 Destroy Special or long range program plan for municipalities – coordination of
services; strategic planning.
Lead
Department
Page 14 - V.1 2017
CITY CLERK
City Clerk –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Annexations,
Boundaries,
Consolidations/ LAFCO
P GC34090a;
GC6254
Permanent Documents the history of land annexations. Includes: recorded maps,
agreements, and reports.
City Clerk
Appeals CU + 3Y GC34090 et seq.;
CCP
583.320(a)(3)
Destroy Appeals to the City Council, Planning Commission, and City Manager.
Includes: administrative citation appeals/request for hearing and massage
business license appeals.
City Clerk
and Lead
Department
Articles of Incorporation P GC34090; CCP
337.2
Permanent A written instrument that creates and defines the rights and privileges of
the City. May include, but is not limited to original documents, petitions for
incorporation, constitution, by-laws, and amendments.
City Clerk
Assessment Districts
Annual Renewal Reports,
Assessment Roll Report
P GC 34090 Maintenance Districts, Bond Districts, Acquisition Districts, PBIDS, CFDs.
Records the levying of taxes and assessments for maintenance and
construction; and distribute funds. Includes: annual reports; tax rolls; maps;
consultant contracts; engineer’s reports; acquisition and shortfall
agreements; cost verification letters and binders; budget journals; cost
accounting records.
Note: City Clerk holds original documentation.
City Clerk
and Lead
Department
ASSESSMENT
PROCEEDINGS
GC 53753(e)(2);
EC 17302, 17306:
CA Constitution
Article XIII
Document the tabulation of ballots relating to assessment districts such as
assessment districts, landscape and lighting districts, and property.
Proceeding Certificate
and Proposition 218
Ballots
P GC 34090 Permanent City Clerk
Vote Tabulation CU + 2Y GC 34090 Destroy Prop 218 Ballots and/or protest letters. City Clerk
City Seal and Flag P GC34090(d) Superseded
originals will
be
transferred
to storage
facility
The City Seal is the official mark of the City, generally used in embossed
form to guarantee the authenticity of a City document. This is different
than a logo or brand.
Note: Historical records.
City Clerk
Page 15 - V.1 2017
City Clerk –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
FPPC GC34090 Fair Political Practices Commission
Conflict of Interest,
87200 Filers / Form
700
7Y GC81009(f)&(g),
34090(d)
Destroy FPPC Form 700 Statement of Economic Interest- Conflict of Interest Code
and administrative files for 87200 filers (City Councilmembers, City
Manager, City Treasurer and City Attorney).
Note: Originals are filed with the FPPC and a copy is maintained by the
City Clerk (Filing Officer). 84615(i) covers Online Disclosure retention of
City Clerk
and FPPC
Conflict of Interest,
Designated
Employees and
Consultants / Form
700
7Y GC81009(e)&(g),
34090(d)
Destroy FPPC Form 700 Statement of Economic Interest – City’s Conflict of
Interest Code designated filers (adopted by City Council Resolution).
Note: City Clerk (Filing Official) maintains original.
City Clerk
Ethics Training /
AB1234 Certificate
CL + 5Y GC34090,
53235.2(b)
Destroy City
Manager
Form 801 7Y FPPC Opinion; 2
CCR
18944(c)(3)(G)
Destroy Payments to Agency Report.
Note: must be posted to the City’s website.
City Clerk
Form 802 7Y GC81009(e) Destroy Agency Report of Ceremonial Role Events and Tickets Distributions.
Note: should be posted to City’s website for 4 years.
City Clerk
Form 803 7Y GC34090;
81009(e)
Destroy Behested Payment Report. City Clerk
Form 804 P FPPC Reg.
18734(c);
GC81009(e)
Permanent Agency Report of New Positions. City Clerk
Form 805 P FPPC Reg.
18734(c);
GC81009(e)
Permanent Agency Report of Consultants. City Clerk
Form 806 7Y 2 CCR 18705.5;
GC34090,
81009(e)
Destroy Agency Report of Public Official Appointments.
Note: must be posted to the City’s website.
City Clerk
Page 16 - V.1 2017
City Clerk –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Master Appointments
Lists
P GC34090 Permanent Roster of Elected and Appointed Officials (Board & Committee Members,
etc.).
Note: Rosters located in Laserfiche and retained for historical value.
City Clerk
Municipal Code P GC34090 Permanent Includes supplements. The Municipal Code documents all ordinances
passed by City Council.
City Clerk
Oaths of Office T + 5Y GC34090,
36507; PC801.5
Destroy City Council; Planning Commission, and other City Commissions,
Committees, and Boards.
Note: Statute of Limitations: Public official misconduct is discovery of
offense + 4 years.
City Clerk
Public Records
Requests
CL + 2Y GC34090 Destroy Any request for records under sunshine laws; Open Records Request,
California Public Record request, and Freedom of Information Act
requests. Includes: request, records requested, correspondence, and
tracking/logs.
City Clerk
RECORDS
Inventory CU + 2Y GC34090; 80
OPS Attorney
General 106
Destroy Inventory of non-current or inactive records holdings and location, indices.
Tapes may be recycled.
City Clerk
Records
Management
CL + 2Y GC34090 Destroy Includes retrieval, transfers, and inactive records. City Clerk
Records
Management
Disposition
Certification
P GC34090(e);
CCP 343
Permanent Documentation of final disposition of records. Includes: disposal lists and
destruction authorizations.
City Clerk
Records
Management
Policies
S + 4Y CCP 343 Destroy Records Management Policy and Records Retention Schedule. City Clerk
Page 17 - V.1 2017
City Council
City Council –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Agenda Packets P GC34090 Permanent Agendas, staff reports, documentation received, created and/or submitted
at a meeting for City Council and Planning Commission, and City
Commission, Committee, and Board (Brown Act bodies).
Note: Retention is department preference.
City Clerk
Ceremonial Documents CU + 2Y GC34090 Destroy Proclamations, certificates, recognitions. City Manager
CITY COMMISSION,
COMMITTEE, &
BOARD
Recruitment 2Y GC34090 Destroy Documents the recruitment process.
Includes: recruitment administrative records, announcements, and
correspondence.
City Clerk
Applications,
Boards,
Commissions, and
Committees-
Selected /
Appointed
T + 5Y GC34090 Destroy City Clerk
Applications,
Boards,
Commissions, and
Committees –
Unsuccessful / Not
Appointed
CL + 2Y GC34090 Destroy City Clerk
City Council Standing &
Ad Hoc Committees
T + 2Y GC34090 Destroy Composed of less than a quorum of the City Council minutes, agendas,
etc.
City Manager
Correspondence CU + 2Y GC34090 Destroy Correspondence directly to and from Councilmembers. City Manager
External Boards,
Commissions,
Committees, and
Organizations
As needed Non Records Destroy The originating agency/meeting body is the department of record.
Examples: Sonoma County Library Commission, REMIF, Mayors’ and
Councilmembers’ Association.
City Clerk
Page 18 - V.1 2017
City Council –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Meeting Notices CU + 2Y GC 34090.7,
54960.1(c)(1)
Destroy Includes special meeting. City Clerk
Minutes and Bylaws P GC34090(d),
36814, 40801
Permanent Minutes or Bylaws for City Council and Planning Commission, and City
Commission, Committee, and Board (Brown Act bodies). Including bylaws
for the City of Rohnert Park Foundation.
City Clerk
Ordinances /
Resolutions
P GC34090(d),
40806, 40801
Permanent Legislative and non-legislative actions that document the City’s policy
development. An ordinance defines a law set forth by the City Council. A
resolution is formal expression of opinion, will, or intent voted by the
official body.
City Clerk
Petitions CU + 1Y GC50115, 6253 Destroy Petitions submitted to legislative/advisory bodies.
Note: may be part of the agenda packet and would then be permanent.
City Clerk
Recordings / Video /
Audio
5Y
minimum
GC34090.7,
54953.5(b), 60201
Destroy Including live stream of City Council and Planning Commission, and City
Commission, Committee, and Board (Brown Act bodies) meetings.
Note: Retention is department preference; audio and video recording of
meetings are 30 days per GC 54953.5(b). or 90 days per GC 34090.7.
City Clerk
Elections
Election –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Calendar E + 2Y GC34090 Destroy City Clerk
Campaign Statements
– not required to be
filed with the City Clerk
E + 4Y GC81009(f)&(g) Destroy FPPC 400 Series Forms - would be copies.
City Clerk
Campaign Statements,
Elected / Successful
Candidates
P GC81009(b)&(g) Permanent FPPC 400 Series Forms, Form 501 Candidate Intention Statement, and
Form 700 Statement of Economic Interest.
Note: must retain paper for 2 years.
City Clerk
Page 19 - V.1 2017
Election –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Campaign Statements,
Not Elected /
Unsuccessful
Candidate
E + 5Y GC81009(b)&(g) Destroy FPPC 400 Series Forms, Form 501 Candidate Intention Statement, and
Form 700 Statement of Economic Interest.
Note: must retain paper for 2 years.
City Clerk
Campaign Statements
Other Committees
E + 7Y GC81009(c)&(g) Destroy FPPC 400 Series Forms. PAC, not candidate controlled. City Clerk
Candidate File, Elected 8Y GC81009(b) &
(g), 34090(d); EC
17100
Destroy Includes Nomination Papers, Candidate Statements, ballot designation
worksheet, biographical form, arguments/rebuttals for measurements,
certificates of election, etc.
Note: Term of office + 4Y.
City Clerk
Candidate File, Not
Elected
E + 5Y GC81009(b) &
(g); EC 17100
Destroy Includes Nomination Papers, Candidate Statements, ballot designation
worksheet, biographical form, arguments/rebuttals for measurements, etc.
etc.
City Clerk
Canvass P GC 22932; EC
17130, 2653
Permanent Notifications and Publication of Election; Records used to compile final
election results, including tally sheets, voting machine tabulation, detailed
breakdown of results; special election results.
City Clerk
General Working /
Administration Files
E + 4Y GC34090 Destroy Includes: Notifications and Publications (proof of publication or posting,
certification and listing of notice of posting, copy of newspaper notice and
certification of offices to be voted)correspondence, candidate handbooks,
precinct maps, county election services, voter information, etc.
City Clerk
Historical P GC34090 Permanent Sample Ballot, final results, names and terms of elected officials, etc. City Clerk
Initiative / Recall /
Referendum
P GC81009 (f) &
(g), 34090;
EC17200, 17400
Permanent City Attorney Opinions, Ballot Measure Arguments, Impartial Opinion,
Election Results.
Note: Department preference to retain for historical value.
City Clerk
Petitions / Initiative,
Recall, Referendum
CL + 8 M EC 17200, 17400 Destroy Signed petition submitted to City Clerk.
Note: Not accessible to the public.
City Clerk
Page 20 - V.1 2017
COMMUNITY SERVICES Parks & Recreation
Parks & Recreation -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Community Pools CU + 2Y GC34090(d) Destroy Records that support routine business operations of the City’s
Community Pools. May include but is not limited to activity
schedules, center rental agreements and rental, and wheelchair
lifts/chair transfers, and administration records.
Community
Services
Department of Health
Records
5Y GC34090 Destroy Records required by the Department of Health for Concession stand
operations, aquatic facilities, and hazardous materials. May include,
but is not limited to: pool inspections, lifeguard certifications, and
concessions at City facilities, parks, and pools.
Community
Services
Equipment AU + 2Y GC34090 Destroy Inventory, warranties, purchase orders. Community
Services
Facility Use
Applications/Facility
Use Permits
CU + 2Y GC34090 Destroy Includes: Applications, Certificates of Insurance, permits, contracts,
diagrams, and schedules.
Community
Services
Grants See “All Departments”
MATERIALS
Activities, Classes, &
Events
CL + 2Y GC34090 Destroy May include but not limited to: Schedules, materials, program
administration records, correspondence, and promotional materials
such as brochures, flyers, and advertisements.
Community
Services
Camps CL + 7Y GC34090(d);
American Camping
Association
Guidelines
Destroy May include but not limited to: Schedules, materials, program
administration records, correspondence, and promotional materials
such as brochures, flyers, and advertisements.
Some statistical special event records are also kept in the CLASS
Reservation Database.
Community
Services
Programs T + 2Y GC34090 Destroy May include but not limited to: Schedules, materials, program
administration records, correspondence, and promotional materials
such as brochures, flyers, and advertisements.
Some statistical special event records are also kept in the CLASS
Reservation Database.
Community
Services
Page 21 - V.1 2017
Parks & Recreation -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Participant Registration
and Attendance
Records
CU + 2Y
See Note
regarding
Minors
GC34090 Destroy Documents the registration and attendance of participants in
sponsored events, activities, and classes. Records may include
registration forms or cards, class or activity rosters, sign in sheets,
consent/waiver forms, emergency cards, and related documents.
Some statistical special event records are also kept in the CLASS
Reservation Database.
Note: For a minor, records are maintained 1 year after minor turns
18
Special Events See “All Departments”. Performing Arts Center (PAC)
PAC –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Audits CU + 2Y GC34090 et seq. Destroy PAC
Booking Sheets and
Cancellations
CU + 2Y GC34090 et seq. Destroy PAC
Cash Receipts, Deposit
Slips, Check Stubs
CU + 5Y GC34090 et seq. Destroy PAC
Event Files CU + 5Y GC34090 et seq. Destroy PAC
Event Line up sheets CU + 2Y GC34090 et seq. Destroy PAC
Petty Cash- Change
Fund
CU + 5Y GC34090 et seq. Destroy PAC
Partner Files T + 5Y GC34090 et seq. Destroy RFP, Agreement, Insurance Certificates, Correspondence, etc. City Clerk
REPORTS
Business
Management
Reports
CU + 2Y GC34090 et seq. Destroy Manager’s Report, Daily Checklist, Coordinator Walk-thoughts PAC
Page 22 - V.1 2017
PAC –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Financial Reports CU + 5Y GC34090 et seq. Destroy PAC
Schedules CU + 2Y GC34090 et seq. Destroy Events, Work Hours PAC
Surveys, Client
Critiques
CL + 2Y GC34090 et seq. Destroy PAC
Page 23 - V.1 2017
DEVELOPMENT SERVICES
Development Services -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
General Services
Database Records
P GC34090 Permanent GORequest / Government Outreach program. Public Works
Public Safety
Development
Services
Permits, Construction P GC34090a;
H&S19850;
4003; 4004
Permanent Plans, building, signs, grading, encroachment, including blueprints
and specifications.
Development
Services
Permits, Other CL + 2Y GC34090d Destroy Alterations, encroachment, excavations, road, street sidewalks &
curb alterations, transportation, swimming pool drainage, temporary
uses, etc.
Development
Services
Photographs S + 2Y GC34090d Destroy General- not associated with a project or application. Development
Services
Projects, Not
Completed or Denied
CL + 2Y GC34090d Destroy Building, engineering, planning. Development
Services
Reports CU + 2Y GC34090 Destroy Activity, periodic. Development
Services
Seismic Retrofit
Program
P GC34090a Permanent Includes Certificates of Compliance. Development
Services
Special Studies (not
related to a specific
project)
P GC34090(d) Permanent Growth Management, Hazardous Waste, Land Use, Noise,
Population, Traffic, Transportation, Windmills, etc.
Development
Services
Studies, Special
Projects & Areas
CL + 2Y GC34090d Destroy Engineering, joint powers, noise, transportation. Development
Services Building
Building –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Code Books P GC50022.6 Permanent CBC, CRC, CEC, CPC, CMC,CEBC,CFC, CalGreen, Energy Code,
UBC, UPC, UEC, UMC, etc. including supplements.
Building
Page 24 - V.1 2017
Building –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Completed Building File
Non Residential
Structures
P GC34090(d); H&S
19850.a-d; CBC
104.7, 107.5; CC
1351
Permanent For completed projects including: building plans and specifications,
construction documents, Certificate of Occupancy (COO) and use,
structural calculations, final approval from design professional,
special inspections, verification of green building, permit application,
plan sheets and supporting documents, receipts, project
correspondence, inspection certifications, hold harmless agreement,
flood certification, alternative means, accessibility hardship, and all
required forms.
Building
Completed Building File
Residential Structures
CL+2Y GC34090(d); H&S
19850.a-d; CBC
104.7, 107.5; CC
1351
Destroy For completed projects including: building plans and specifications,
construction documents, structural calculations, final approval from
design professional, special inspections, verification of green
building, permit application, plan sheets and supporting documents,
receipts, project correspondence, alternative means, and all
required forms.
Building
Correction Notices CL GC34090d Destroy Daily activity inspector log and correction notices. Building
Expired Building File
Residential and Non-
Residential Structures
P GC34090(d); H&S
19850.a-d; CCR
Title 24 CBC CBC
104.7, 107.5; CC
1351
Permanent For expired permits or certificates including: building plans and
specifications, construction documents, building permits, correction
notices, Temporary Certificate of Occupancy (TCO), declarations,
structural calculations, final approval from design professional,
special inspections, verification of green building, permit application,
plan sheets and supporting documents, receipts, project
correspondence, inspection certifications, alternative means,
accessibility hardship, and all required forms.
Building
Notice of Violations,
Unsafe Structure, & Stop
Work Notices
CL + 2Y GC34090d Destroy Correspondence, fees, appeal requests, reports, compliance orders,
stop work notices, etc.
Building
Permit Applications (Not
Approved / Expired)
CL + 180
days
CCR Title 24 CBC
105.3.1 & 105.3.2,
CRC R105.3.1.2
Destroy Building plans and specifications for construction of Residential and
Non-Residential Structures. (ie construction documents)
Building
Permit Database
TRAKiT
P Permanent Records serve as official authorization for construction including
installation of plumbing, electrical and mechanical equipment and
other related work. Data is interrelated to other documents.
Development
Services
Page 25 - V.1 2017
Building –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Permits and Certificates,
Issued
P GC34090a; 4003;
4004; H&S 19850,
19853
Permanent For residential and non- residential structures including new
construction alterations, additions and modifications to mechanical,
electrical, and plumbing systems.
Building
Plan Requests 2Y GC34090 Destroy Requests and permissions to receive copies of plans to and from
architects.
Building Code Compliance
Code Compliance -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Case Files CL + 2Y GC34090d Destroy Building, zoning, housing and mobile home code violations. Including
inspections; public nuisance rubbish and weed abatement, vehicle
abatement, citations, massage parlor permits, general.
Development
Services
Liens & Releases Utilities, abatement, licenses. Development
Services
Supporting CL + 2Y GC34090 Destroy Development
Services
Recorded P GC34090 Permanent Development
Services
Logs CU + 2Y GC34090d Destroy Lien Recovery, citations, complaints. Development
Services
Regulations S + 2Y GC34090d Destroy Includes rules. Development
Services
Reports, Federal and
State
P GC34090a Permanent Code enforcement statistics; may contain records affecting title to real
property or liens thereon.
Development
Services Engineering
Engineering –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Benchmark Data P GC34090d Destroy Horizontal, vertical & control. Engineering
Bridges & Overpasses
Reports
L GC34090 Destroy The reports come from the state. Retain for life of structure. Engineering
Surveys P GC34090a Permanent Recording data and maps. Engineering
Page 26 - V.1 2017
Engineering –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Development Standards P GC34090a Permanent Manual of Standards. Engineering
Maps & Plats P GC34090a Permanent Engineering & field notes and profiles; cross-section of roads, streets,
right-of-way, bridges; may include annexations, parks, tracts, block,
storm drains, water easements, bench marks, trees, grading, landfill,
fire hydrants, base maps, etc.
Engineering
Permits
Encroachment P GC34090 Permanent Engineering
Grading P GC34090 Permanent Engineering
Improvement CL + 2Y GC34090 Destroy May include curbs, sidewalks; Applications for excavation, fill,
alterations
Engineering
Oversize Load CL + 2Y GC34090 Destroy Engineering
Parking CL + 2Y GC34090 Destroy Residential Finance
Paving CL + 2Y GC34090 Destroy Building
Use (Temporary) CU + 2Y GC34090 Destroy Includes Special Events Planning
PROPERTY
Abandonment P GC34090a Permanent Buildings, Condemnation, Demolition Engineering
Acquisition/
Disposition
CL + 10Y GC34090a; GC6254 Destroy Supporting documents re: sale, purchase, exchange, lease or rental of
property by City
Engineering
Appraisals CL + 2Y GC34090;
GC6254(h)
Destroy Exempt until final acquisition or contract agreement obtained Engineering
Deeds &
Prom issory Notes
P GC34090a; Permanent * 24 CFR 570.502(b)(3); 24 CFR 8.42 & OMB Circ. SA- 110 Engineering
Eminent Domain P GC34090d Permanent Records relating to the legal process initiated by the City to acquire
private property for a public use. Includes: relocation assistance, title
reports, settlement statements, and acquisition agreements.
Engineering
Maps, City
Boundary
P GC34090d Permanent Recorded maps, surveys, monuments Engineering
Lot Split Cases P GC34090 Permanent Engineering
Railroad Right-of-way CL + 3Y 36 CFR 64.11 Destroy Land acquisitions, correspondence, improvements, statutory records Engineering
Page 27 - V.1 2017
Engineering –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Routes, School Bus &
Truck
S + 2Y GC34090 Destroy Truck routes, access ramps, rest areas. Engineering
Soil Reports P GC34090d Permanent Final Reports. Engineering
Special Districts P GC34090a Permanent Improvement, lighting, underground utility; bonds, taxes &
construction.
City Clerk
and
Engineering
Streets- Abandonment /
Vacations of
Streets/Alleys
P GC34090 Permanent Relinquishment of rights and fee title. Engineering
Streets - Easements,
Dedications, Rights-of-
Way
P GC34090 Permanent Engineering
Streets - Inspection CU + 2Y GC34090 Destroy Includes intersection, sidewalks Engineering
Street - Signage L + 2Y GC34090 Destroy Log books, index register cards, inventory lists, records of traffic
signs.
Engineering
and Public
Works
TRAFFIC
Congestion
Management
CU + 2Y GC34090d Destroy Ride sharing, trip reduction. Engineering
Speed Limits S + 2Y GC34090 Destroy Including policies and procedures for setting limits. Engineering
Speed Survey S + 5Y GC34090 Destroy Required every 5 years, but can be extended to 7 to 10 years. Engineering
Traffic Count,
Collisions, Accidents
CL + 2Y GC34090d Destroy Evaluation of traffic volume. Engineering
Traffic Control
Devices
The
greater of
S or 10Y
GC34090d Destroy Document the history of traffic signal timing at City’s intersections and
maintenance of traffic signal and devices. Includes traffic signal timing
reports.
Engineering
Page 28 - V.1 2017
Engineering –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Traffic Control
Device Inventory
S + 2Y GC34090 Destroy Signs, lights. Engineering
Traffic Safety S + 2Y GC34090 Destroy Drivers Education, Pedestrian Safety, Bicycle Lanes. Engineering
Traffic Signals L GC34090 Destroy Logs, drawings, wiring diagrams, codes, circuit numbers, installation
records, testing and maintenance.
Engineering
Traffic Studies,
Counts, and
Calming
S + 5Y GC34090 Destroy Traffic volume, accident history, requests, statistics, drawings
supporting traffic devices.
Engineering
Planning
Planning –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Air Quality (AQMD) CU + 7Y CCP338(k);
GC34090
Destroy Participants/voucher logs, Total Daily Mileage Survey (TDM); various
local authorities; Commute Alternative.
Planning
Annexation Case Files P GC34090a Permanent Annexations, boundaries, consolidations, LAFCO. Reports,
agreements, public notices.
Planning
Certificates L GC34090 Destroy Compliance, elevation, occupancy, etc. which affect real property.
Retain during life of structure.
Planning
Development
Conditions
L GC34090 Destroy Mitigation measures; filed with case files. Planning
Development
Agreements
See “All Departments” Agreements / Contracts section. Planning
Design Review Project
File
CL + 10Y GC34090(d); 14
CC15095(c)
Destroy Records relating to building structures or modifying existing structures
in design review districts. File routing documents, noticing documents,
project correspondence, records of decision, council and commission
staff reports and exhibits, invoices, receipts, environmental documents
(if required by project). All required forms.
Planning
Environmental
Determinations
P GC34090 Permanent Environmental reports inside City boundaries. EIR’s, Negative
Declarations, Notice of Determination, Categorical Exemptions, etc.
Planning
General Plan Elements
and Amendments
P GC34090
GC65103; *
Permanent Land use studies, plans, reports. Includes sphere of influence. Planning
Page 29 - V.1 2017
Planning –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
General Plan
Amendment
Applications
GC34090
GC65103; *
* GC50110 Planning
Approved CL + 2Y Destroy Planning
Denied CU + 2Y Destroy Planning
General Plan working
papers
2Y GC34090; 14 Ca
Code of
Regs15095(c)
Destroy File routing documents, noticing documents, project correspondence,
records of decision, council and commission staff reports and exhibits,
invoices, receipts, environmental documents (if required by project),
all require forms.
Note: Department preference as to when no longer of any use.
Planning
Historic Preservation
Inventory
CU + 2Y GC34090d Destroy Historic structures & landmarks. Planning
Interpretations CU + 2Y GC34090 Destroy Planning
Land Uses,
nonconforming
P GC34090a Permanent Building or site usage which does not conform to current standards. Planning
Maps, Plans, Drawings,
Exhibits, Photos
P GC34090; H&S
19850; GC34090.7
Permanent Zoning, tentative subdivision, parcel, land use map, aerial photos,
specific plans.
Planning
Planning and Zoning
Project Files
P GC34090(d),
34909(a);14 Cal
Code Regs
15095(c); H&S
19850; 4003, 4004
Permanent Pertains to real property. File routing documents, noticing documents,
project correspondence, records of decision, council and commission
staff reports and exhibits, invoices, receipts, environmental
documents (if required by project), all required forms.
Records regarding, but not limited to, the regulation and use of land,
lot line adjustments, buildings or other structures for residences,
commerce, industry, and other uses required by the community; the
regulation of the location, height, and size of buildings or structures.
Records documenting planning applications for entitlements required
by Title 16 or Title 17 of the City Code.
Planning
Page 30 - V.1 2017
Planning –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Planning Project Files
Incomplete or
Withdrawn
CL + 2Y GC34090.7, 34090 Destroy File routing documents, noticing documents, project correspondence,
records of decision, council and commission staff reports and exhibits,
invoices, receipts, all required forms. Projects have a 1 year vesting
(applicant must pull permit within 1 year), and can be extended –
those applications in which the applicant does not follow through with
permit may be destroyed after the vesting period has expired.
Planning
Planning Project Files
Permanent Entitlements
(approved, denied, or
expired)
P GC34090(d);14
Cal Code Regs
15095(c)
Permanent Includes Associated Conditions of Approval, Environmental
Determinations, Staff Reports, Plans & Maps, Appeals, etc.
Examples: Conditional Use Permits (CUP’s), Design review, General
Plan Amendments (GPA), Lot Line Adjustments, Parcel Maps, Site
Plans, Specific Plans, Specific Plan Amendments, Tentative
Subdivisions, Variances, Zone Changes, etc. Projects have a 1 year
vesting (applicant must pull permit within 1 year), and can be
extended – those applications in which the applicant does not follow
through, and can be extended, the permit may be destroyed after the
vesting period has expired. Department maintains complete files for
administrative purposes; Final environmental determinations are
required to be kept a “reasonable period of time”.
Planning
Preliminary Review File
(no final application)
CL + 2Y GC34090(d);14
Cal Code Regs
15095(c)
Destroy Preliminary documents Planning
Street Names and
House Numbers
P GC34090a Permanent Policies and procedures regarding the naming and numbering of city
streets, housing and/or lots.
Planning
Temporary Use Permits
/ Special Use Permits /
Temporary Entitlements
CL + 2Y GC34090(d);14
Cal Code Regs
15095(c)
Destroy Christmas tree lots, fireworks, banners, pumpkin lots, outdoor events,
etc.
Planning
Signs (Tem porary) S + 2Y GC34090d Destroy Home occupations, off-premise signs. Planning
Zoning Map
Amendments, Zoning
Text Amendments
P GC34090.7 Permanent Approved by Resolution or Ordinance – City Clerk’s Office hold final
approval documents.
Planning
Page 31 - V.1 2017
Housing
Housing –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Affordable Housing
Projects
CL + 5Y* 24 CFR 85.42,
92.508(a)(c)(2),
570.502(b); 29 CFR
97.42, GC34090(d)
Destroy Includes affordable housing loans or grants, rehabilitation, first time
home buyers, community housing development organizations, CDBG
& HOME, etc.
*after the affordability period terminates or the written agreement
terminates, whichever is longer.
Planning
Bonds CL + 4Y CCP 337 Destroy Revenue Bond Documentation. Planning
Programs CL + 3Y 24 CFR
570.502(b)(3); 24
CFR 85.42 & OMB
Cir. A-110, #C
Destroy Includes comprehensive Housing Authority Strategy, Meeting Credit
Certificate, Housing bond advisory, In-Lieu Housing Mitigation,
Low/Moderate Housing, and Rental Housing Assistance.
Planning
Redevelopment
Budgets, Audits, and
Bond Issues
P GC4090, 40802,
53901, 43900 et
seq.
Permanent Planning
Relocation Files CL + 2Y GC34090 Destroy e.g. Redevelopment. Planning
Satisfied Loans /
Reconveyances
5Y GC34090 Destroy Paid or forgiven loans. Planning
Page 32 - V.1 2017
FINANCE Administrative Services
Admin Services –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
AUDIT
Annual Financial
Report
P GC34090 Permanent Independent auditor analysis. Finance
Bonds CL + 10Y GC34090; CCP
337.5
Destroy Final bond documentation. Finance
Hearing or Review AU + 2Y GC34090; OMB A-
128
Destroy Documentation created and or received in connection with an audit
hearing or review
Finance
Reports AU + 4Y GC34090(d); OMB
A-128
Destroy Internal and/or external reports, studies, correspondence, and other
materials that would support the audit function.
Finance
Reviews,
Internal/External
Periodic
CU GC34090; GC6250 Destroy Daily, weekly, monthly, quarterly or other summary, review, evaluation,
log, list, statistics, except a report.
Finance
BUDGET
Adopted P GC34090 Permanent Records documenting the final annual financial plan approved by the
City Council. Includes: Final adopted budget, capital improvement
program; mid-year budget review and reports; budget operating
adjustments, labor projection reports and budget forecasts.
Finance
Proposed CU + 2Y GC34090 Destroy Presented to Council. Finance
Business License / Home
Occupancy
AU + 4Y GC34090; CCP 337 Destroy Paid, reports, application records. Finance
Fees, Development Fee
Districts
CL + 5Y GC34090 Destroy Finance Plans, Nexus Studies, and Development Fees. Records used
to develop and administer developer fees for various Programs to
mitigate the development. Includes: certifications of noticing; maps;
consultant contracts; finance plan and nexus study documents.
Finance
General Accounting
General Accounting -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Accounts Payable AU + 4Y GC34090 Destroy Invoices, vendor invoices, payment vouchers, cleared checks, check
copies, check registers, supporting documents, IRS 1099 Forms, IRS
W9 Forms, IRS 1096 Forms, CA Forms 587 and 590.
Finance
Page 33 - V.1 2017
General Accounting -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Accounts Receivable AU + 4Y GC34090 Destroy General A/R, TOT, Retiree Medical, Business Licenses, Damage to
City Property.
Finance
Applications CL + 2Y GC34090 Destroy Utility connections, disconnects, registers, service. Finance
Assessment Districts P GC34090 Permanent Collection information.
Note: Original docum entation files with City Clerk.
Finance
Bank Reconciliation AU + 5Y GC34090; 26 CFR
16001-1
Destroy Statements, summaries for receipts, disbursements & reconciliation. Finance
Billing Records AU + 2Y GC34090 Destroy Customer name, service address, meter reading, usage, billing,
payments, adjustments, applications/cancellations, autopay forms.
Finance
Billing/Customer Records CU + 2Y GC34090 Destroy Correspondence, complaints, field activates, customer contacts. Finance
Budget adjustments,
journal entries
AU + 2Y GC34090 Destroy Account transfers, records used to establish, move, or change
budgets.
Finance
Checks / Warrants AU + 5Y GC34090; CCP
337
Destroy Includes payroll, canceled & voided checks. Finance
Deposits, Cash Receipts AU + 4Y GC34090; CCP
337
Destroy Checks, coins, currency, deposit advices. Finance
FEMA / CalFFEMS
Claims
CL + 5Y GC34090 Destroy Emergency services claims, documents associated with Federal
Emergency Management System.
Finance
GENERAL LEDGER P GC34090; CCP
337
Permanent Year-end GL reports. Finance
Journal Vouchers AU + 4Y GC34090; CCP
337
Destroy Account postings with supporting documents. Finance
Monthly Reports 2Y Destroy Monthly GL reports. Finance
Invoices AU + 2Y GC34090 Destroy Copies sent for fees owed, billing, related documents. Finance
JOURNALS Finance
Utility Billing CU + 2Y GC34090 Destroy Billing including monthly activity. Finance
Taxes, Receivable AU + 3Y CCP 338 Destroy Finance
Warrant Register AU + 2Y GC34090 Destroy Finance
Page 34 - V.1 2017
Fixed Assets
Fixed Assets –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Inventory AU + 4Y GC34090; 26 CFR
301 65-1(F)
Destroy Reflects purchase date, cost, account number. Finance
SURPLUS PROPERTY
Auction AU + 2Y GC34090 Destroy Listing of property. Finance and
Public Works
- Purchasing
Disposal AU + 4Y GC34090; CCP 337 Destroy Sealed bid sales of equipment. Finance and
Public Works
- Purchasing
Vehicle Ownership & Title L VEC 9900 et seq. Destroy Title transfers when vehicle sold. Finance and
Public Works
- Purchasing Payroll
Payroll –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Adjustments AU + 4Y GC34090; 29 CFR
516.5–516.6
Destroy Audit purposes. Finance
Employee Time Sheets AU + 6Y GC34090; 29 CFR
516.2*
Destroy Signed by employee for audit & FEMA Reports
*20 CFR 516.6(1); IRS Reg. 31.6001-1(e)(z); R&T 19530; LAB
1174(d).
Finance
Payroll Register P GC34090, 37207;
IRS Reg 31.6001-
1(e)(2); 26 CFR
1.6001-1; R&T
19530
Permanent Documents the earnings, deductions, withholdings of employees, and
labor costs by employee & program. Includes: quarterly payroll tax
returns (DE-6 & 941 Forms), direct deposit forms, garnishments
records, labor distribution reports, cleared payroll checks, IRS W -2
Forms, and employee payroll forms (IRS W -4 Forms, address
changes, and election forms).
Finance
PERS Employee
Deduction Reports
T + 4Y GC34090; CAC 22-
1085-2; 29 USC
436; R&T 19530
Destroy Record of deductions.
(PERS Public Employee Retirement System) *26CFR
31.6001-1;29 CFR 516.5 - 516.6, LAB 1174(d)
Finance
Salary / Deduction
Records
T + 3Y GC34090; 29 CFR
516.2
Destroy Deduction authorization, beneficiary designations, unemployment
claims, garnishments, benefit plans.
Finance
Page 35 - V.1 2017
Purchasing
Purchasing –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Bids, RFQ’s, RFP’s AU + 4Y GC34090; CCP
337; *
Destroy Requests for Qualifications; Requests for Proposals regarding goods and
services * GC 25105-1.
Public Works
- Purchasing
Successful AU + 5Y Destroy Public Works
- Purchasing
Unsuccessful CL + 2Y Destroy Public Works
- Purchasing
Requisitions
Purchase Orders AU + 4Y
See Note
GC34090; CCP
337
Destroy Records orders, authorizations, and evidence of receipt of the purchase of
goods and services by the City.
Note: Some grant funding agencies require audits; Statute of Limitations for
Errors & Omissions is 10 years; Statute of Limitations: Contracts & Spec’s –
4 years, Wrongful Death-comp + 5 years, Developers- comp + 10 years;
statewide guidelines propose termination + 5 years.
Public Works
– Purchasing
and Finance
Stores CU + 2Y GC34090 Destroy Completed forms for ordering Public Works
- Purchasing
Vendor Register P GC34090 Permanent Alpha vendor listing of purchase orders, invoices, account numbers and
check date
Public Works
- Purchasing Reports
Reports –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Deferred Compensation T + 5Y GC34090; 26
CFR 16001-1*
Destroy Records of employee contributions and city payments
*29 CFR 1627.3(2)
Finance
Federal and State Tax
Returns
AU + 4Y GC34090; 29
USC 436*
Destroy Forms 1096, 1099, W-4’s and W-2's
*26 CFR 31.6001.1-4; IRS REG 31.6001-1(e)(2);R&T 19530;29 CFR 516.5-
516.6
Finance
Financial, Annual AU + 7Y GC34090 Destroy Finance
Investment Transactions P GC34090,
53607; CCP 337
Permanent Monthly summary of transactions, inventory & earnings report Finance
Labor Distribution AU + 2Y GC34090 Destroy Costs by employee & program Finance
Meter Reading CU + 2Y GC34090 Destroy Finance
Page 36 - V.1 2017
Reports –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
State Controller 5Y GC34090 Destroy State Controller’s Report, Statement of Indebtedness, Street Report, HCD
Report, Maintenance of Effort, Possessory Interest, EDD/Independent
Contractors, AB 2766, AQMD, County Property Tax Apportionment, Grant
Financial & Certification Reports, Statutory Pass-through, AB 1389, Local
Government Compensation Report, Property Management Plan, Obligation
Payment Schedules, Due Diligence Reviews, etc.
Finance
Utility Rebates CU + 2Y GC34090 Destroy Finance
Cost Allocation Plan AU + 4Y GC34090 Destroy Report and Journal Vouchers Finance Treasurer
Treasurer –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Bank Statements AU + 4Y FC 30210;
GC43900 et
seq.; IRS Reg
31.6001-1
(e)(2); 26 CFR
31.6001-1; R&T
19530
Destroy Financing authority. Includes: financial statement compilations, lead and
detail schedules, trial balance reports, returned checks (NSF), bank
statements, general ledger reconciliations, capital asset schedules, debt
amortization schedules, unclaimed property records, sales and use tax
returns, and EDD DE542 Forms.
Finance
INVESTMENT
RECORDS
5Y GC34090(d),
43900; 26 CFR
31.6001-1
Destroy Broker statements, investment journals, ledger, and transactions (activity
reports).
Note: Meets auditing standards; Published articles show disposal + 7 years
for security brokerage slips; statewide guidelines propose permanent; FTC
Reg’s rely on “self-enforcement”.
Finance
Investment Activity,
Daily
10Y GC34090(d),
43900
Destroy These records represent a summary of all maturities, purchase, dividend
and interest settlements and cash transfers for each business day.
Includes: wire requests and transfers, directives, approved and affirmed
fixed and equity trade tickets, trade confirmations.
Finance
Investment
Agreements
P GC34090(d);
CCP 337(a)
Destroy Note: see “All Departments” Agreements and Contracts section. Finance
Investments /
Certificate of Deposit
5Y GC34090,
43900
Destroy CD’s, Advisor Reports, LAIF (Local Agency Investment Fund).
Note: Meets auditing standards; FTC Reg’s rely on “self-enforcement”.
Finance
Page 37 - V.1 2017
Treasurer –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
BONDS
Account Statements CL + 10Y GC34090; CCP
337.5
Destroy Monthly statement of transactions. Finance
Administration CL + 10Y GC34090; CCP
337.5
Destroy Documents all activates that occur after the issuance of the bonds.
Supporting documents. Includes: Trustee actions, disclosures, arbitrage
calculations, reports, tax levy/tax reports, audits, certificates of insurance,
investment transactions, and requisitions.
Finance
Assessment and
Mello-Roos District
Formations and
Annexations
P GC34090 Permanent Maintenance Districts, Bond Districts, Acquisition Districts, PBIDS, CFDs.
Records that create authority to levy taxes and assessments for
maintenance and construction. Includes: resolution of intentions; hearing
reports; engineers reports; petitions; maps; resolutions of formation; ballot
election results reports; certifications of noticing and mailings; recorded
boundary maps and notices of tax lien.
Finance, City
Clerk,
Engineering
Bond Development
Files
Maturity +
10Y
CCP 336,
337.5; GC
43900 et seq
Destroy Documents the Bond Development process from preliminary planning
stages up to issuance of the bonds or equipment lease. Includes:
Financing schedules, final interested parties list, asset management/lease
program documents, preliminary title reports, press releases, agreements,
rating agency presentation, rating agency reports, pricing book, other
documents that might be significant to the bond financing. Also includes:
Issuing documents, trustee statements, and administration records.
Note: Statute of Limitations for bonds, mortgages, trust deeds, notes or
debentures is 6 years; Bonds issued by local governments are 10 years;
there are specific requirement for disposal of unused bonds.
Finance
Bond Proceeds
Expenditure
Maturity +
3Y
IRS 103,6601,
1.148-5
(d)(6)(iii)(E)
Destroy Records associated with assisting other departments with financial
feasibility of special projects. Includes: Records documenting the allocation
of expenditures for construction, renovation, or purchase of facilities,
expenditures for construction, renovation, or purchase of facilities, records
related to cost of issuance expenditures, copies of requisitions, draw
schedules, requests invoices, bills and cancelled checks related to bond
proceeds; asset list or schedule of all bond-financed facilities or equipment,
depreciation schedules for bond-financed depreciable property. Audited
financial statements, records that track purchase and sale of bond financed
assets. Agreements related to the report use of bond financed assets.
Finance
Page 38 - V.1 2017
Treasurer –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Bond Transcripts and
Legal Documents
Maturity +
3Y
IRS 103,6601,
1.148-5
(d)(6)(iii)(E)
Destroy Records documenting a bond sale. Includes: Preliminary and official
statements, tax certificate, Internal Revenue Service Forms, disclosure
certificates, bond insurance or surety, and special district information.
Finance
Bonds and Coupons CL + 2Y GC34090,
53921
Destroy Paid/canceled. Finance
Letter of Credit Maturity +
3Y
IRS 103,6601,
1.148-
5(d)(6)(iii)(E)
Destroy Records regarding the security associated with bond financing. Includes:
letters of credit and extension letters.
Finance
Bonds Development CL + 10Y CCP 337.5 Destroy Housing; Industrial Development. Finance
Security CL + 2Y GC34090 Destroy Documentation created and or received in connection with the performance
of work/services for the city, or for parcel maps and subdivision work.
Finance
Public Financing Authority
PFA -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Administration P GC 34090 Permanent Finance
Financial Records P GC34090, 40802,
Permanent Finance
Management Reports 2Y GC 34090 Destroy Finance
Page 39 - V.1 2017
HUMAN RESOURCES
Human Resources -
Record Series Title
Retention Statutory Reference Disposition Descriptor/Content Department
of Record
Background Checks –
Personnel Not Hired
CU + 2Y GC12946 (2Y)
GC34090 (2Y)
Destroy All documentation related to background checks for Applicants and
unpaid volunteers that were not hired including DMV records and
polygraph examinations.
Note: Background checks for personnel hired are part of the
Human
Resources
Benefit Plan Claims P GC6250 et seq;
OMB A-129;
29 CFR 1602.30, 32;
LAB 1174* (3Y)
Permanent May include dental, disability, education, health, life and vision
including dependent care and Employee Assistance *29 CFR 1637.3;
29 USC 1027; 29 CFR 1627.3; 29 USC 1113
Human
Resources
Benefit Plan
Enrollment, Denied
CL + 4Y GC34090;
OMB A-128
Destroy Human
Resources
Employee Programs CL + 2Y GC34090 (2Y)
GC 12946
Destroy Includes EAP and Recognition. Human
Resources
Employee Rights T + 5Y GC12946 (2Y);
29 CFR 1602 (2Y);
29 USC 211 (e),
203(m), 207(g)
Destroy May include Arbitration, union requests, sexual harassment and Civil
Rights, complaints, disciplinary actions.
Human
Resources
Employee Medical
Records
T + 5Y 8 CCR 14300.33 (5Y),
19 CCR 2760.9 (5Y);
CCP 338 (3Y),
CCP 338.1 (5Y);
GC12946 (2Y),
GC34090 (2Y);
29 CFR 1904.33
(CU+5Y),
29 CFR 1910.95
(T+2Y),
40 CFR 68.81 (5Y),
40 CFR 268.7 (3Y)
Destroy Documents pertaining to medical records of City employees, including,
pre-employment physicals, drug screens, Leave screens, Leave of
Absence Documentation, FMLA compensation, complaints/disputes,
requests, parental leave forms, paid/unpaid leave documentation.
Human
Resources
and REMIF
(for worker’s
comp only)
Employee Medical
Records
T + 30Y 8 CCR 3204 (T+30Y),
29 CFR 1910.1020
(30Y)
Destroy Documents pertaining to City employee exposure to hazardous
substances, Chemical Exposure. Exposure Monitoring, Firearms and
Field Exposure, Hazardous Exposure, Material Safety Data Sheets
(MSDS), Radiation Exposure Records, Toxic Substance Exposure
Records, Worker Compensation files.
Human
Resources
and REMIF
(for worker’s
comp only)
Page 40 - V.1 2017
Human Resources -
Record Series Title
Retention Statutory Reference Disposition Descriptor/Content Department
of Record
Employee Training
See “All Departments” Employee Training, Course and Training
Records (Public Safety & Non-Safety Employees) section
Employee Training
Materials, Courses,
Scheduling
See “All Departments” Employee Training Materials, Schedules
(Public Safety & Non-Safety Employees) section
Human Resources
General
CU + 2Y GC34090 (2Y) Destroy Records and information of general human resources activities, not
associated with other categories. Includes: Exit Interview
Documentation.
Human
Resources
Investigations CL + 5Y GC34090 (2Y);
PC 832.5
Destroy Records and information of investigations of City workers performed by
Human Resources. Includes: Internal Investigations, Investigation
Logs, Workpapers, Investigator Reports, Findings, Notes, Letters,
Security Incidents (response files, reports), Securit y Investigations,
Working Documents.
Human
Resources
Labor Relations CL + 5Y CCP 337 (4Y);
GC 12946 (2Y);
LAB 5410 (5Y);
26 CFR 31.6001-1
(CU+4Y)
Destroy Documentation related to the negotiations between labor unions for
collective bargaining purposes. Includes: Confidential Memos, Costing,
Ground Rules, Handouts, Information Requests, Miscellaneous
Information, Notes, Proposals – City, Proposals – Union.
Human
Resources
Labor Relations
Grievances
CL + 5Y CCP 337 (4Y);
GC 12946 (2Y);
Destroy Documentation related to labor grievances filed under current collective
bargaining agreements. Includes: Grievance Files/Commission
Hearing, Grievance/Hearing Logs, Union Grievances.
Human
Resources
Motor Vehicle Pulls
(DMV)
CL + 2Y GC12946 (2Y) Destroy Human
Resources
Negotiation P 29 USC 211(c), 203(m),
207(g)
Permanent Contracts, Memoranda of Agreement; Personnel Rules
Human
Resources
Clerk’s Office
for Contracts
and MOA
Page 41 - V.1 2017
Human Resources -
Record Series Title
Retention Statutory Reference Disposition Descriptor/Content Department
of Record
Personnel Files -
Employees
T* + 5Y 2 CCR 11013 (2Y),
8 CCR 14300.33
(CU+5);
GC12946 (T+2Y);
LAB 3076.3 (5Y);
VEH 1808.1(a) (T+2Y);
26 CFR 301.6501
(CU+3Y),
29 CFR 1602.14
(FR+1Y),
29 CFR 1602.31 (T+2Y),
29 CFR 1627.3 (T+1Y);
29 USC 1059 (T+1Y);
41 CFR 60-1.12(a) (2Y),
41 CFR 60-250.80 (2Y),
41 CFR 60-741.80 (2Y);
PC 832.5 et seq
Destroy All documents related to paid employees (full and part-time), including
but not limited to: hiring, promotion, demotion, transfer, layoff / recall /
out-placement, termination / discharge / resignation, pay rates / other
terms of compensation.
Includes: Applications, Applicant Reference Verifications, Awards,
Rewards, Commendations, Certificates, Background Checks,
Investigations - candidates hired, Complaints, Disciplinary Actions,
Driver’s License Data - Class B, Employee Acknowledgements,
Executed Policy Receipts, Ethics Certificates, Individual Employee
Agreements, Contracts (copies), Individual Education, Development,
Training Records, Investigations*, Job Offer Letters, Oaths of Office,
Performance Evaluations, Reviews, Performance Improvement Plans
(PIPs), Personnel Action Forms (PAFs), Recognition, and Supervisor's
Files.
*Investigations retentions are CL + 5Y (see "Human Resources -
Investigations").
Note: Leave of Absence Documentation, FMLA (compensation,
complaints/disputes, requests, parental leave forms, paid/unpaid leave)
are located in employee’s confidential file.
Human
Resources
Personnel Files -
Volunteers and Unpaid
Interns
T + 2Y 2 CCR 11013 (2Y);
GC12946 (T+2Y);
29 CFR 1602.14 (1Y),
29 CFR 1602.31
(T+2Y),
29 CFR 1627.3 (T+1Y);
29 USC 1059 (T+1Y)
Destroy All documents related to unpaid volunteers and interns, including but
not limited to: selection/hiring, assignments, transfer, termination /
discharge / resignation.
Includes: Applications, Applicant Reference Verifications, Awards,
Rewards, Commendations, Certificates, Background Checks,
Investigations - candidates accepted, Cadet Volunteer Program,
Complaints, Disciplinary Actions, Volunteer Acknowledgements,
Executed Policy Receipts, Individual Education, Development, Training
Records, Investigations, Oaths of Office, Performance Evaluations,
Reviews, Performance Improvement Plans (PIPs), Personnel Action
Forms (PAFs), Recognition, Supervisor's Files.
Human
Resources
Page 42 - V.1 2017
Human Resources -
Record Series Title
Retention Statutory Reference Disposition Descriptor/Content Department
of Record
Recruitment CU + 2Y GC12946 (2Y),
GC34090 (2Y);
29 CFR 1627.3b1
(1Y),
29 CFR 1602.31
(CU+2Y)
Destroy Records and information related to recruitment of qualified persons for
both paid and unpaid position with the City, including: applications and
related records of candidates interviewed but not hired or accepted and
applications received but not acted upon.
Includes: All Temporary or Part-time/Extra-Help Staffing, Applications,
CVs, Resumes (Rejected, Unsolicited), Applicant Tracking Records
(Hired, Rejected), Background Checks, Investigations - candidates not
hired/accepted, Civil Service Examination Results and Rankings, Drug
Testing, Pre-Hire Screening - candidates not hired/accepted, Interview
Notes, Job Descriptions, Job Postings, Announcements, Job
Requisition Requests, Job Specifications, Miscellaneous Hiring
Process.
Note: Position Information, Recruitment of Commission/Committee
Candidates, Temporary Intern Staffing, Test Results (Non-hires), Test
and Examination Materials, Unpaid Interns (Rejected), Volunteers
(Rejected).
Human
Resources
Reports CU + 2Y GC34090 (2Y) Destroy Employee statistics, benefit activity; liability loss Human
Resources
Salary, Compensation S + 3Y GC34090 (2Y);
26 CFR 301.6501
(CU+3Y),
29 CFR 1602.14 (1Y,)
29 CFR 1627.3 (T+1Y),
48 CFR 4.703
(CL+3Y),
48 CFR 52.249-2 & 3
(CL+3Y);
29 USC 1001-1381
(6Y),
29 USC 1059 (T+1Y)
Destroy Documentation of job classification compensation. Includes:
Classification Studies, Compensation Plans, Planning, Analysis, Cost
of Living Adjustments, Job Descriptions, Job Evaluation
Documentation, Salary Range History, Salary Surveys .
Human
Resources
Vehicle Mileage
Reimbursement Rates
S + 2Y GC34090 (2Y) Destroy Annual mileage reimbursement rates. Finance
Work Authorizations
and Supporting
Documentation
Longer of:
2Y or T+1Y
20 CFR 655 Subpart
H (T+1Y)
8 CFR 274a.2 (3Y, or
T+1Y)
Destroy Employment eligibility verification forms collected for active employees
and supporting documentation regarding immigration status. Includes:
I-9 Documents and copies of associated documents, Immigration
Supporting Documentation.
Human
Resources
Page 43 - V.1 2017
PUBLIC SAFETY
Public Safety –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Accounting/Cash
Reconciliation
CU + 2Y GC34090 Public Safety
Alarm Records CU + 2Y GC34090 False alarm letters. Public Safety
Case Books, Investigative CL + 2Y GC34090 Retained by division until a case is suspended/closed; transfer to Records
Division to be filed with associated Daily Report (DR) file.
Public Safety
Department Manual S Changes to manual are recorded in the General Orders (permanent). Public Safety
Equipment Communication T + 2Y GC34090 Retained until termination of equipment use; Manuals, instructions,
procedures.
Public Safety
Inventory S + 2Y GC34090 Listing of equipment assigned to division, to w hom it is Assigned. Public Safety
General Services Database
Records
P GC34090 Permanent GORequest / Government Outreach program Public Works
Public Safety
Development
Services
Mutual Aid, Strategic Plans S + 2Y GC34090 Public Safety
Personnel See “All Departments” and “Human Resources”
Rosters (Divisional) S + 2Y GC34090 Personnel assigned to division. Public Safety
Schedules, Daily CU + 2Y GC34090 Schedules of Officers on duty Public Safety
Training See “All Departments” employee training section
Vehicle Assignment See “Public Works” Fleet / Vehicles. Lead
Department
Page 44 - V.1 2017
Animal Services
Animal Service –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Administrative Records 2Y GC34090(d) Destroy Records that are used and created during the course of routine business
at the City’s Animal Shelter. Includes but is not limited to: kennel cards,
lost and found animal reports, and property release forms.
Animal
Shelter
Code & Regulation
Enforcement
CL + 3Y CCP 336(a),
337 et. seq.;
FA32003(e);
PC597.1(d);
GC34090(d)
Destroy Includes, but is not limited to: notification of violations, citations, warning
notices, barking dog letters, animal bite reports, impound notices,
weapons discharge reports, and investigation reports.
Police
Hearings & Appeals CL + 3Y CCP 583.320
(a) (3);
GC34090
Destroy Includes, but is not limited to: requests, notices, and hearing officer
decisions.
Police
Intake and Disposition CL + 3Y FA32003(e);
PC597.1(d);
GC34090(d)
Destroy Records that document the intake and disposition of animals to/from the
City Animal Shelter. May include: applications, redemption, adoption,
transfer, receipts, and invoices.
Animal
Shelter
Microchip 3Y FA32003(e),
PC597.1(d);
GC34090(d)
Destroy Paper copy of animal contact information. Includes: microchip records,
animal emergency contact information.
Note: Microchip is registered with the national universal database.
Animal
Shelter
Permit & Licensing T + 2Y 34090(d) Permanent Documents the City’s issuance of animal permits and licenses. Includes
but is not limited to: the animal permit database.
Finance
Treatment CL + 3Y FA32003(e),
PC597.1(d);
GC 34090(d)
Destroy Documents the care provided to animals at the City’s Animal Shelter.
Includes but is not limited to: vaccination records, medical treatment
information, spay/neuter information, euthanasia records, animal
evaluations, and rabies records.
Animal
Shelter
Page 45 - V.1 2017
Fire Safety
Fire Safety - Record
Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Books, Fire Code S + 5Y GC34090.7;
CCP 340.5; CFC
104.6
Destroy Include OPS manuals Public Safety-
Fire
Citations See “Police” Citations Public Safety-
Police
Code Violations CL + 5Y GC34090; CFC
104.6
Destroy Public Safety-
Fire
General Orders,
Policies/Procedures
S + 2Y Destroy Public Safety-
Fire
HAZARDOUS
MATERIALS These are handled by the Sonoma County Department of Emergency
Services (SCDES)
Hazardous Waste
Disposal
CU + 10Y CAL OSHA; 40
CFR 122.21
Destroy Documentation re handling and disposal of hazardous waste SCDES
Programs,
Household
Hazardous Waste
S + 2Y GC34090 Destroy SCDES
Training Materials S + 2Y Cal Code * Destroy Standards and Administration
*Reg. 3204(d), et seq.
SCDES
Underground
Storage Tank
P GC34090 Permanent Documents re: storage, location, installation, removal, and remediation. SCDES
Underground
Storage Tank
Compliance
Maintenance &
Operation
CU + 2Y GC34090 Destroy SCDES
Inspections, Fire
Prevention
CL + 5Y UFC 103.34;
CFC 104.6
Destroy Alarm/sprinkler systems, prevention efforts Public Safety-
Fire
Page 46 - V.1 2017
Fire Safety - Record
Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Incident Reports CL + 7Y
See Note
regarding
minors
GC34090; 13
CCR 1100.7, 17
CCR 1469(11),
22 CCR 70751*,
100170,
100171; CCP
338, 340.5; H&S
11191; 42 CFR
1001.952, 45
CFR 164.530
Destroy Records and information associated with department responses to fires
and emergency incidents, including medical emergencies. All
emergency responses (fires, service calls, HazMat, medical, etc.)
Includes: Emergency Medical Services Forms, Emergency Services
False Alarm Reports, Incident Reports, Investigation Reports,
Mandated Reporting: Child Abuse, Elder Abuse, Patient Care Reports
(PCRs)*
Note: For a minor, records are maintained 1 year after minor turns 18
per 22 CCR 70751(c)
Public Safety-
Fire
Investigations, Evidence
Arson
P PC 799 Permanent Support prosecution resulting in homicide Public Safety-
Police & Fire
Investigations, Evidence
Arson
CL + 6Y PC 800 Destroy Great bodily harm, inhabited structure or property Public Safety-
Police & Fire
Investigations, Evidence
Arson
CL + 3Y PC 801; UFC
104.32
Destroy Structure Public Safety-
Police & Fire
ISO Insurance Ratings S GC34090.5(c) Destroy Documents statistical information on risk and provides a rating that
insurance companies use to calculate rates. Information is gathered on
a community’s fire-suppression system including fire alarms, engine
companies and water supply. Includes: insurance rating reports,
backup documentation and certification document
Public Safety-
Fire
Journals, Fire Station CU + 5Y GC34090; CFC
104.6
Destroy Activities, personnel, engine company Public Safety-
Fire
Logs CU + 5Y GC34090; CFC
104.6
Destroy Field Logs (Non-fire) and Fire Logs (Non-arson and Logs, and Fire
Captain Logs. Includes: Documents of activity occurring at each Fire
Station for each Company including summary of incidents, visitors to
the station, equipment inspections, etc.
Public Safety-
Fire
Payments CU + 5Y GC34090; CFC
104.6
Destroy Payments/Invoices for billings for special event permits and operational
permits including weed abatement within the department’s jurisdiction.
Includes: receipts, invoices, and other supporting payment records.
Public Safety-
Fire
Permits CL + 5Y GC34090; CFC
104.6
Destroy Operational permits, Uniform Fire Code. Includes: records supporting
permits, applications, approvals, renewals, extensions and denials.
Public Safety-
Fire
Page 47 - V.1 2017
Fire Safety - Record
Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Permits, Hazardous
Materials Storage
CU + 2Y GC34090 Destroy Departments consistently recommend permanent retention of
environmentally sensitive materials.
Public Safety-
Fire
Plan Check, Fire
Prevention
L + 5Y GC34090; CFC
104.6; CBC
1.8.4.3
Archive after
5Y
Records document requests and authorizations for property owners to
erect new structures, or make structural modifications to existing ones.
Serves as official authorization for construction including installation of
plum bing, electrical and mechanical equipment and other related work.
Includes: plan check documents, flame retardant certificates, blue
prints
Public Safety-
Fire
PROPERTY, DEPT.
OWNED
Apparatus / Vehicle CU + 2Y GC34090; CCP
340.5 *
Destroy Repair and Maintenance
*8 CAL Code Reg. 3203 (b) (1)
Public Safety-
Fire
Inventory,
Equipment &
Supplies
CU + 2Y GC34090 Destroy Public Safety-
Fire
Logs, Fire
Equipment / Gear
CU + 2Y GC34090 Destroy Public Safety-
Fire
Strike Team
Reimbursements
Payment + 5Y GC34090(d) Destroy Documents the reimbursements received by the Fire Department for a
strike team deployment. Includes: Payments from Office of Emergency
Services (OES), Federal Emergency Management Agency (FEMA),
and other mutual aid reimbursements.
Public Safety-
Fire
Weed / Refuse
Abatement
CL + 5Y GC34090; CFC
104.6
Destroy Reports, assessments, resolutions, documentation including
complaints, letters of protest, correspondence, etc.
Public Safety-
Fire
Page 48 - V.1 2017
Police
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
SONOMA COUNTY PUBLIC SAFETY CONSORTIUM RECORDS RETENTION - adopted by City Council Resolution 2007-154 and
amended by Resolution 2010-021
ARRESTS I PC 799 Reports involving felony arrests for: offenses punishable by death;
offenses punishable by life imprisonment; embezzlement of public
funds.
ILEADS
10Y PC 799 Reports involving arrests for all other felonies. Provided case does not
relate to unserved warrants, identifiable items have all been recovered,
and there is no pending litigation. Any report falling under 799 P.C. (no
limit for commencement) or 800 P.C. (crime punishable by 8 years or
more in prison).
ILEADS
5Y PC 802 Reports involving arrests for misdemeanors. If there is an active warrant
associated with this case, D.A. needs to be advised. Dismissal of case
from D.A., dismissal of warrant needs to be complete. Any unrecovered
property needs to be removed from CLETS, any evidence needs to be
disposed of.
ILEADS
Asset Seizures 10Y ILEADS
11357(b) Arrests 2Y
See Note
H&S 11361.5,
11357(e)
Note: 11357(e) destroy when offender turns 18.
ILEADS
REPORTS
Misdemeanor Crime
Reports
5Y ILEADS
Felony Crime Reports 10Y ILEADS
Homicides I ILEADS
Suicides I ILEADS
Traffic Fatalities 10Y ILEADS
Natural Causes 2Y ILEADS
Attempted Suicides /
5150
5Y ILEADS
Page 49 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
HazMats (complaint /
no complaint)
5Y ILEADS
Missing Persons
(outstanding)
I ILEADS
Child abuse I ILEADS
"Information Report" as
Only Charge
5Y ILEADS
871 W&I Escapees 5Y ILEADS
Domestic Violence 10Y ILEADS
Non-Fatal traffic reports 5Y Includes counter reports, 20002 reports ILEADS
PDO Accident Reports 5Y ILEADS
City Ordinance
Violations
2Y PC 799 ILEADS
Reports of Lost and
Found Property
2Y GC 34090 Provided such items are lawfully disposed of. ILEADS
Factually innocent
reports
3Y from date of
expungement
PC 851.8 Upon determination by Police Department or judicial determination of
factual innocence; records sealed for period of 3 years from date of
arrest and then destroyed.
ILEADS
Sealed juvenile records 5Y from date of
sealing
W&I 781(a) ILEADS
Abandoned/Stored/Imp
ounded/towed vehicle
reports
5Y ILEADS
Citations 5Y ILEADS
Page 50 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Arson registrants -
Adults
I PC 457.1 Registration is required Indefinitely or until a certificate of rehab is
obtained per Chapter 3.5, Section 4852.01 of Title 6 of Part 3.
ILEADS
Arson registrants -
Juveniles
10Y PC 457.1 Registration is required for 10 years, until reach age of 25 or until record
is sealed per 871(a) W &I.
ILEADS
Narcotic registrants 5Y H&S 11590 Section 11590 H&S does not have a limit to registration requirement. ILEADS
Records Management
System
Until Master
Record is
Purged
ILEADS
Expired permits (CCW) 2Y from date of
expiration
ILEADS
Sex registrants - All I
See Note
PC 290
Note: Adults Indefinitely / Juveniles Indefinitely unless sealed per 871(a)
W&I.
ILEADS
Bicycle Registration 10Y ILEADS
Rotational Tow Log 90Days CAD
Calls for Service
(ILEADS)
5Y ILEADS
Calls for Service
(Dispatch)
5Y CAD
CLETS Log 3Y CAD
CLETS log on 1Y CAD
APB (Daily Bulletin - Be
on the lookout)
1Y CAD
Field Contacts 10Y ILEADS
Tracker Records 1Y CAD
Page 51 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Terminal to Terminal
Messaging
1Y CAD
Officers Activity Log 3Y CAD
END - SONOMA COUNTY PUBLIC SAFETY CONSORTIUM RECORDS RETENTION - adopted by City Council Resolution 2007-154 and
amended by Resolution 2010-021
Animals, Agency
Owned
T + 4Y FA 32003(e); PC
597.1(d)
Records relating to animals used in an official Community Service by
the Department
Public Safety
Auctions 2Y GC 34090,
34090.6
Destroy Records relating to property seized by the police department and sold
at public auction.
Note: Paper destroyed. Beginning 2013, some property data is held
electronically and retained indefinitely.
Public Safety
Business License
Background Checks
5Y GC 34090 Records relating to background checks performed on persons seeking
certain business licenses including but not limited to bingo parlors and
massage technicians.
Note: 5 year retention is the stated preference of the department.
Public Safety
Card Key S ystem 2Y GC 34090 Public Safety
Concealed Weapon
(approvals and denials)
CL + 2Y GC 34090 Approval process, applications, and related documents. Public Safety
Equipment
Maintenance Logs
2Y
See Note
Records relating to the history or maintenance and service to police
equipment.
Note: Permanent retention for equipment with potential contamination
risk.
Public Safety
Equipment Radio Logs
(Communication)
CU + 2Y GC34090 Documents problems, malfunctions, resolution to provide equipment
performance history
Public Safety
Fingerprint Records
Latents See Note 1) Retain for applicable case statute of limitation; 2) or until evidence in
case is destroyed; Hard copy and digitized
Public Safety
Fingerprint Suspect,
Adult/Juvenile
CL Law
Enforcement
Management
Guide by POST
Adults/juveniles suspected of a crime, taken for comparison. Destroy
after original purpose achieved
Public Safety
Page 52 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Guns, Dealers Record
of Sale
CU + 10Y PC 12070 Applicants, Monthly Gun Audits, Applications Denied, Stolen (DOJ
File)
Public Safety
Guns, Dealer of Gun
Sales Reports,
Duplicate
CU + 6M
GC 34090, PC
12070
Original maintained by DOJ. Dealer required to file duplicate with
agency
Public Safety
Guns, Destruction of P Stored electronically. Public Safety
Incident Action Plans
and After Action
Reports
3Y GC 34090 Records relating to police tactical / incident action plans and reports
documenting the events of executive actions, operational, and game
plans.
Public Safety
Intelligence Files 5Y 28 CFR
23.20(h); GC
34090
Confidential Informant (CI).
Note: misleading, obsolete or unreliable information is required to
be destroyed, remaining records must not be retained longer than 5
years. Files contain criminal intelligence information concerning an
individual who is involved in criminal conduct or activity and the
information is relevant to that criminal conduct or activity.
Public Safety
Internal Affairs
Investigations (OTHER
than Officer Involved
Shootings)
FD + 5Y PC 801.5,
803(c), 832.5 et
seq; EVC
1045(b)(1); GC
34090; 12946;
VEH 2547
Records relating to complaints investigated by the Internal Affairs
Division of the police department. Records include: complaints,
reports, statements, findings and other documents associated with
investigations of complaints sustained and not sustained.
Note: State requires for at least 5 years for Citizen’s complaints;
other State and Federal laws require retention until final disposition
of formal complaint; State requires 2 years after action is taken;
statute of limitations is 4 years for misconduct;.
Public Safety
Internal Affairs
Investigations (Officer
Involved Shootings
ONLY)
FD + 25Y PC 801.5,
803(c), 832.5 et
seq; EVC
1045(b)(1); GC
34090; 12946;
Note: Statewide guidelines recommend 25 years for officer-involved
shootings
Public Safety
Page 53 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Logs S Includes: case assignment, daily activity, property control, rap sheet,
subpoenas served / received,
Note: most logs are maintained electronically. Body Worn Video
systems logs are permanent.
Public Safety
Narcotics, Destruction
of
P Public Safety
Pawn Brokers /
Secondhand Dealers
CU + 2Y B & P 21628;
GC34090
Pawn Slips / Tickets, approval process, renewals.
Note: Original to licensee, Blue duplicate to DOJ, Pink duplicate
retained by local agency. Renewals issued annually by local agency.
Public Safety
Permits / Licenses T + 2Y GC34090 Operational permits occurring within Public Safety’s jurisdictions
approval process such as Bingo Permits, Alcohol Beverage Control
License, Amplified Sound, Taxi, Auto for Hire, Solicitor, Bicycle, etc.
May include: permits, and records supporting permit applications,
approvals, renewals and denials.
Public Safety
Property Adjudicated or
FD + 5Y
See Note
GC 34090,
34090.5; PC
799-805.
Records relating to property and evidence received and or stored by
the Department.
Note: All records held until adjudicated or completed. Once
completed, the property and evidence are held for an additional 5
years. Copy retained in records case file; Refer to Managing Property
in Law Enforcem ent Agencies (By POST).
Public Safety
Property (Lost and
Found)
CU + 2Y GC34090 Original reports and supplemental documentation (Lost,
Found, Safekeeping).
Public Safety
Radar Calibration
Records
T + 2Y GC34090 Documentation of Radar instruments retained during use / ownership. Public Safety
Range Inventory S + 2Y GC34090 Quarterly reports of inventories of weapons and ammunition held by
Department Range.
Public Safety
Recordings, Telephone
and Radio
Communications
1Y GC34090.6(a) Destroy Recording of Telephone & Radio Communications. Statewide
guidelines propose 180 days (legally mandated for 100 days); may be
discoverable or made public in some circumstances. Evidentiary
recordings follow evidence retention requirements.
Public Safety
Page 54 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
RECORDINGS, BODY
WORN VIDEO
SYSTEMS
PC 832.18
And Department
Policy
See Rohnert Park Department of Public Safety Policy Manual, Body
Worn Video Systems for more detail.
Evidentiary Data 2Y Minimum PC 832.18(b)(5) Destroy Body Cam audio and video labeled category 1, 2 or 3. Public Safety
Criminal
Prosecution
See Note PC
832.18(b)(5)(C)
Destroy Body Cam audio and video if evidence that may be relevant to a
criminal prosecution.
Note: Retain for any time in addition Evidentiary Data and Non-
Evidence.
Public Safety
Non Evidence 60 Days
Minimum
PC
832.18(b)(5)(A)
Destroy Body Cam audio and video labeled category 4, 5, 6, or 7.
Note: Department may keep more than 60 days to have it available in
case of a citizen complaint and to preserve transparency.
Public Safety
Logs P PC
832.18(b)(5)(E)
Destroy Records or logs of access and deletion of data should be retained
permanently.
Public Safety
Recordings,
Surveillance / Security
Video
GC 34090.6 See “Administration” Information Services section Surveillance Video. Information
Services
Restraining Orders,
Emergency Protective
Orders, Temporary
Restraining Orders,
Legal Stipulations,
Orders After Hearing
CU
See Note
Destroy Note: Destroy after law enforcement actions described in PC
273.5, 273.6, 646.9, 12028.5, 13700 and Family Code Sections 6380-
6383 are fulfilled and effective date of restraining order has expired.
Public Safety
Ride Along Applications 2Y GC34090 Destroy Public Safety
Page 55 - V.1 2017
Police –
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Statistical (Crime
Analysis)
CU + 2Y
See Note
GC34090 Destroy Internally generated information using activity logs, citizen calls,
current and past crime statistic reports, finance dept expenditure and
budget records; citations, crime reports, accident reports, permits,
receipts. Reports created for variety of purposes including
increases/decreases in criminal activity; officer workload, deployment,
time usage.
Note: Retention is Department preference.
Public Safety
Statistical Information,
Reports, etc. (Originals
sent to FBI and DOJ)
CU + 2Y GC34090 Destroy Statistical (UCR), Uniform Crime Reports Mandatory to DOJ (LEIC);
FBI Include Return A/Supplement; Supplementary Homicide Report;
Law Enforcement Officers Killed or Assaulted; Monthly Return of
Arson Offenses Know to Law Enforcement; Number of Violent Crimes
Committed Against Senior Citizens; Monthly Report of Domestic
violence Related Calls for Assistance; Monthly Arrest and Citation
Register; Monthly Hate Crimes Incidents; Death In Custody Reporting.
Public Safety
Street Closures P GC34090 Permanent Documents and reports regarding street closures for accidents, events,
etc.
Public Safety
Use of Force
Supervisory Review
Files
CU + 2Y GC34090 Destroy Includes review forms, arrest report copies, logs Public Safety
Weapons, Database P GC34090 Permanent Departmentally-owned weapons, personal weapons, alternate
weapons, secondary handguns; produces inventory reports
Public Safety
Page 56 - V.1 2017
PUBLIC WORKS
Record Series Title Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Capital Improvement
Projects (CIP)
See “Capital Improvement Projects”
Duty Log Books P GC34090 Permanent Logs, field books, maintenance records of standby staff afterhours calls
for service.
Public Works
Grants See “All Departments”
General Services
Database Records
P GC34090 Permanent GORequest / Government Outreach program Public Works
Public Safety
Development
Services
Hazardous Waste
Disposal
CU +
10Y
OSHA; 40
CFR 122.21;
8 CCR
10102;
CG12946
Destroy See “Public Safety” Fire
These are handled by the Sonoma County Department of Emergency
Services (SCDES)
Docum entation re: the handling and disposal of hazardous W aste. May
include but not limited to: waste disposal manifest and materials testing
data.
SCDES
Photographs See “All Departments”
Policies &
Procedures
See “All Departments” Facilities & Pools Management
Facilities & Pools -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
CITY FACILITY
RECORDS
Asbestos L GC34090a Destroy Documents abatement projects in public buildings. Retain for life of
building.
Public Works
Page 57 - V.1 2017
Facilities & Pools -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Building/Project
History
P GC34090(d) Transfer to
storage facility at
end of buildings
life or ownership
May include, but is not limited to: structure plans, structure specifications,
repair records, copy of RFP/Bid, testing reports, copy of building permit
and certificate of occupancy, testing and soil reports, energy calculations,
materials testing reports, design exception reports, project study reports
(PSRs), regulatory agency approvals, structural calculations, surveys,
toxic remediation, underground storage tank s.
Public Works
Capital
Improvements,
Construction
P 2.083110;
GC34090a;
4004;
H&S19850
Permanent Contains records re: Planning, design, construction, conversion or
modification of local government-owned facilities, structures & systems
Public Works
Developed CL + 10Y GC34090(d) Destroy Documents the administration of facility improvements. May include, but
is not limited to: certified payrolls, invoices, and correspondence.
Public Works
Not Developed CU + 2Y GC34090(d) Destroy Public Works
Maintenance and
Operation Records
CU + 2Y GC34090,
34090(d)
Destroy Maintenance and service requests, graffiti removal, custodial services,
checklists, HVAC records, security system, rosters, pest extermination to
include inspection, repairs, cleaning, complaints. Internal records
documenting requests and authorizations for needed services, including
repair of government owned property. May include, but is not limited to
service and installation requests, repair authorizations, cost sheets, logs,
inventories, and supporting records.
Public Works
Pest Control CU + 2Y GC34090d Destroy Pesticide applications, inspections & sampling, documents Public Works
Scheduled
Maintenance & Safety
Certificates
CU + 5Y GC34090(d) Destroy Documents schedule maintenance of assets and safety certifications for
equipment such as elevators, fire systems, and boilers. Ma y include, but
is not limited to: maintenance schedules, and safety certificates.
Public Works
Page 58 - V.1 2017
Facilities & Pools -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
POOL
MAINTENANCE
Chemicals/
Additives
30Y GC 34090; 8
CCR
3204(d)(1) et
seq., 8 CCR
10102,
15400.2; GC
12946
Destroy Chemicals and additives for community pool, may include logs of
chemicals. Also see “Community Services” Department of Health.
Note: Some records found in the SCADA system.
Public Works
Maintenance CU + 10Y GC 34090 Destroy Records that support routine pool maintenance. Logs, reports regarding
the maintenance of the community pool. Note: see Department of Health
under Community Services.
Note: Some records found in the SCADA system.
Public Works
Fleet/Vehicles
Fleet/Vehicles -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Fueling AU + 3Y CCP 337 Destroy Meter readings, fuel consumption reports, invoices, receipts and records
pertaining to refueling operations.
Public Works
Permits, Licenses CU + 2Y GC34090 Destroy Forms, related documents regarding licenses and permits required by
federal and state agencies.
Public Works
Vehicle Assignment CU + 2Y GC34090 Destroy Reports and logs regarding vehicle usage and assignments. Log books,
request forms, list of users.
Lead
Department
Vehicle & Equipment
Maintenance
T + 2Y 8 CCR
3202(b)(1);
49 CFR
396.3 (c);
CCP 337 et.
Seq., 13
CCR
1234(f);
GC34090
Destroy All paperwork regarding the maintenance of vehicle or equipment.
Maintenance records, inspections, maintenance logs. Service Work.
If a motor carrier, required for 18 months after vehicle is sold; CHP
requires life of vehicle; OSHA requires 1 year.
Note: Some records are found in the RTA system.
Public Works
Page 59 - V.1 2017
Fleet/Vehicles -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Vehicle Ownership T + 2Y GC34090 Destroy Documents the purchase, ownership, licensing city-owned vehicles. May
include, but is not limited to: Pink slips, legal titles, registration
documents, purchase invoice, and warranties.
Purchasing
Park Maintenance
Park Maintenance -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Equipment AU + 2Y GC34090 Destroy Inventory, warranties, purchase orders. Public Works
Landscape CL + 2Y GC34090 Destroy Drawings, complaints, specifications, photos, reports, work orders,
plants, tree maintenance.
Public Works
Maintenance/
Operations
CL + 2Y GC34090 Destroy Includes work orders, inspection, repairs, cleaning, reports, complaints.
Note: Pools are different – see Pool Maintenance.
Public Works
Maps P GC34090 Permanent Irrigation, plot plans. Public Works
Plans, Proposed CU + 2Y GC34090 Destroy Future plans, new sites, expansions. Public Works
PLAYGROUND
Audits P GC 34090(a); CCP
337
Permanent Also include audits for Risk Management. Public Works
Inspection/
Compliance
L + 4Y GC 34090; CCP
337
Destroy Equipment inspections. Public Works
Policies and
Procedures
See “All Departments”.
REPORTS
Accident CL + 2Y GC34090 Destroy Patrons, employees. All
Departments
Others CL + 2Y GC34090 Destroy Public Works
Studies CL + 2Y GC34090 Destroy Future sites, expansions.. Public Works
Page 60 - V.1 2017
Sanitation / Solid Waste / Wastewater
Sanitation/Solid
Waste/Wastewater -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department of
Record
Facilities T + 2Y GC34090 Destroy If City owned. Correspondence, maps, patron list. Public Works
History, Sanitation P GC34090 Permanent If City-owned. Public Works
Maintenance and
Operations
CU + 2Y GC34090 Destroy Includes work orders, inspection, repairs, cleaning, reports, complaints. Public Works
Maps, Septic Tank P GC34090 Permanent Location maps. Public Works
SOLID WASTE
Integrated Waste
Management
Project and
Program Files
S or T + 2Y GC34090 Destroy Records retained for programmatic purposes that document the
development and administration of Integrated Waste Management
programs and projects such as recycling, zero waste, and waste
prevention including but not limited to correspondence, emails, plans,
proposals, presentations and memoranda, but excluding any records
required to be retained longer under any grant agreement.
City Manager
Solid Waste Plan
Working Files
S + 2Y GC34090(d) Destroy Documents, files, and data created or collected during the
development of Solid Waste Plans required by the California Waste
Management Act
City Manager
Solid Waste Plan P GC34090(d) Planning documents required by the California Waste Management
Act including the Source Reduction and Recycling Element, and the
Household Hazardous Waste Element.
City Manager
Rates History 30Y GC34090 Destroy Department preference to document history. City Manager
Recycling / Rates
Assistance
Programs
S or T + 2Y GC34090 Destroy City Manager
Regulations S + 2Y GC34090 Destroy Includes legislation. City Manager
Reports
Annual /
Quarterly
Reports
Destroy City Manager
Studies CL + 2Y GC34090 Destroy City Manager
Tonnage CU + 2Y GC34090 Destroy City Manager
STORM DRAIN
Page 61 - V.1 2017
Sanitation/Solid
Waste/Wastewater -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department of
Record
Maintenance
Agreements
See “All Departments” Agreements/Contracts section.
Stormwater
Inspection and
Enforcement
L of
inspected
entity + 3Y
GC34090(d) Destroy Records documenting the inspection and enforcement of stormwater
requirements by businesses and other organizations, including but not
limited to inspection reports, correspondence, laboratory analyses,
grease trap inspections, and citations.
Public Works
Stormwater CL + 2Y 40 CFR 122.4(j)
(2), 122.21,
122.41;
GC34090(d)
Destroy Storm water inspections and video inspection reports. Documents
inspections completed by the department for purposes of permit
requirements or compliance, internal department process or
procedures.
Public Works
Streets / Alleys
Streets / Alleys -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Closures P GC34090 Permanent Documents, reports, logs regarding street closures for maintenance,
events, flooding, water leaks, etc.
Public Works
Lighting CU + 2Y GC34090 Destroy Maintenance, work orders of street lights. Public Works
Maintenance /
Operations
CU + 2Y GC34090 Destroy Includes work orders, inspection, repairs, cleaning, reports,
complaints, signals, striping, and inspection records.
Public Works
Maps P GC34090 Permanent Fire hydrants, lighting districts, wheel chair ramps, storm drains,
streets, sidewalks, sewers.
Public Works
Master Plans CU + 2Y GC34090 Destroy Copies. Public Works Utilities
Utilities -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Facilities T + 2Y GC34090 Destroy If City owned. Correspondence, maps, patron list. Public Works
Page 62 - V.1 2017
Utilities -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Gas and Electric S + 2Y GC34090(d) Destroy Correspondence and rate charts from PG&E regarding rates of
electricity and gas.
Clerks Office
and Public
Works
INSPECTIONS
Pump Station,
Storm water
industrial
inspection
CL + 2Y 40 CFR 122.4(j)
(2), 122.21,
122.41;
GC34090(d)
Documents inspections completed by the department for purposes of
permit requirements or compliance, internal department process or
procedures
Public Works
Laboratory
Certification
Term + 5Y GC34090(d) All materials documenting the application for and renewals of
laboratory certification under the California State Environmental
Laboratory Accreditation Program.
Public Works
Laboratory, Water
Quality
12Y GC34090(d) Documents relating to water quality testing and equipment for Plant
Services. Includes: water quality reports, bacteriological sampling, lab
analysis, connection samples, daily work sheets, daily logs, chemical
reports and chemical sampling, as well as equipment operation and
maintenance manuals.
Note: 12 years- chemical reports, daily work sheets, monthly reports,
lab analysis, water quality reports, water reports monitoring, testing
and sampling. 10 years chain of custody. 5 years all others.
Public Works
Projects, Program
Information- Awarded
S + 2Y GC34090(d) Destroy Documents regarding proposed projects and programs that were
approved or moved forward.
Public Works
REGULATORY
REQUIRMENTS
See
Description
Documents relating to regulatory compliance.
Note: Permanent – Correspondence with regulatory agencies,
variances, waiver and exceptions and water level data sheets and plans.
3 years – confined space entries. 5 years – all other documents.
Public Works
Projects, Program
Information- Not
Awarded
CU + 2Y GC34090(d) Destroy Documents regarding proposed projects and programs that were not
approved or moved forward
Public Works
Underground P GC34090 GC4003, GC4004; H&S 19850 Engineering
and Public
Works
USA Alert CU + 3Y GC34090, 4216.2,
4216.3(d)
Destroy Service Alert (USA)
Page 63 - V.1 2017
Water Resources
Water Resources -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
BACKFLOW -
CUSTOMER
OWNED
EQUIPMENT
Correspondence CU + 2Y GC34090 Destroy Notices and letters. Public Works
test CU + 10Y GC34090(d) Destroy Records regarding customer owned equipment for potable water. Test
results, inspections, installation date, logs.
Public Works
Connection Records P GC34090 Maps, water line connections. Public Works
Construction and
Demolition Diversion
Deposit Program
Refund or
Transfer + 4Y
GC34090 Destroy Materials documenting the receipt and refund of construction and
demolition diversion deposits, or the transfer of those funds to the city if
not reclaimed by the depositor
Public Works
FLOOD CONTROL
Drainage Facilities P GC34090 Includes dams, lakes, basins, creeks. Public Works
Flood Zones P GC34090 Includes flood maps. Public Works
Insurance
Programs
S + 2Y GC34090 Destroy Includes copies of policies, rules, programs. Public Works
Policies /
Procedures
S + 2Y GC34090 Destroy Rules and Regulations. Public Works
Reports / Studies CL + 2Y GC34090 Destroy Public Works
Inventory, Equipment CU + 2Y GC34090 Destroy Public Works
Locations P GC34090 Permanent Mains, valves, hydrants, wells. Public Works
NATIONAL
POLLUTANT
DISCHARGE
ELIMINATION
SYSTEM (NPDES)
Page 64 - V.1 2017
Water Resources -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Certification Term of
Permit + 3Y
40 CFR 122.21,
122.41; CCP 337
et seq.
Destroy All materials documenting the application for and renewals of NPDES
Permits for the Municipal Discharge of Storm water.
Public Works
Compliance Term of
Permit + 7Y
GC34090(d) Destroy All records documenting compliance with NPDES permit
requirements, including but not limited to studies, reports, work plans,
surveys, monitoring results, laboratory results, and project files.
Public Works
Permits P 40 CFR 122.28 Permanent Permits providing permission for the municipal discharge of storm
water. Municipalities of 100,000/more, compliance with Clean W ater
Act re: pollutants.
Public Works
Reports P GC34090(d) Permanent Reports submitted to the California Water Resources Control Board
and to the US Environmental Protection Agency, including but not
limited to annual reports, semi-annual reports, work plans, and special
studies.
Public Works
Maintenance and
Operations
CU + 2Y GC34090 Destroy Includes work orders, inspection, repairs, cleaning, reports,
complaints.
Public Works
Service CU + 2Y GC34090 Destroy Includes work orders, entry cards, manholes, service to property
owners.
Public Works
Well & Pumping L + 2Y GC34090(d) Destroy Well monitoring, times operational, power used and quantity, etc. Public Works
Water Distribution
System
CU + 5Y GC34090 Destroy Records documenting 5 years preventative and/or repair related
activities for potable and/or recycled water delivery systems or
components.
Public Works
Maps P GC34090 Line location; easements. Public Works
Master Plans CU + 2Y GC34090 Destroy Copies. Public Works
Meter Operations,
Service and Repair
CL + 2Y GC34090 Destroy Reader reports, orders, tests maintenance reports, work orders,
repairs, inventory. Temp Hydrant Meters.
Public Works
Permits – other, not
NPDES or recycled
water
CU + 2Y GC34090 Destroy May depend on terms of state or federal agency. Public Works
Rates S + 2Y GC34090 Destroy Finance
Reclamation CU + 5Y 40 CFR 122.41 Destroy Daily operations including sewage flow, grit removal, chlorine usage,
lab analysis results, etc.
Public Works
Page 65 - V.1 2017
Water Resources -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
RECYCLED WATER
Agreements,
Recycled Water
User
See “All Departments” Agreements/Contracts Section.
Permitting Disconnect +
5Y
GC34090(d) Destroy Records documenting the issuance and/or management of recycled
water permits including but not limited to permitee inspections and
testing, permittee reports, usage data and communications.
Public Works
Reports P GC34090(d) Permanent Reports regarding recycled water submitted to the State and self-
inspection/self-monitoring reports.
Public Works
REPORTS
Conservation CU + 2Y GC34090 Destroy Public Works
Consumption CU + 2Y GC34090 Destroy Public Works
Corrosion Control CU + 12Y 40 CFR 141.91 Destroy Compliance documentation. Public Works
Discharge
Monitoring
CU + 5Y 40 CFR 122.41 Destroy Average amount of pollution discharged into waters of
Municipality.
Public Works
Drinking Water
Corrections
CU + 10Y 40 CFR 141.33 Destroy Public Works
Hydrograph P GC34090 Permanent Daily flow of streams. Public Works
Lead Service Line CU + 12Y 40 CFR 141.91 Destroy Compliance documentation. Public Works
Public Education CU + 12Y 40 CFR 141.91 Destroy Compliance documentation. Public Works
Quality
Parameters
CU + 12Y 40 CFR 141.91 Destroy Compliance documentation, water quality monitoring reports including
but not limited to self-monitoring.
Public Works
Sanitary Surveys CU + 10Y 40 CFR 141.33 Destroy Statistics, reports, correspondence. Public Works
SCADA CU + 12Y 40 CFR 141.91 Destroy Reports for compliance and to support water quality. Public Works
Source W ater CU + 12Y 40 CFR 141.91 Destroy Compliance documentation, e.g. lead & copper. Public Works
State Certification CU + 12Y 40 CFR 141.91 Destroy Compliance documentation. Public Works
Page 66 - V.1 2017
Water Resources -
Record Series Title
Retention Statutory
Reference
Disposition Descriptor/Content Department
of Record
Variances, W ater
System
CU + 5Y 40 CFR 141.33 Destroy Public Works
Well Level CU + 2Y GC34090 Destroy Public Works
Sources CU + 2Y GC34090 Destroy May include wells, rivers, lakes, districts. Public Works
Surveyor Field Notes P GC34090 Permanent Notes preparatory to maps of water installations. Public Works
Surveys, Water
System Sanitary
CU + 10Y 40 CFR 141.33 Destroy Statistics, reports, correspondence. Public Works
TESTS
Bacteriological
Analysis
CU + 5Y 40 CFR 141.33 Destroy Compliance records include location, date, method and results;
corrections, analysis of bacterial content.
Public Works
Chemical Analysis CU + 10Y 40 CFR 141.33 Destroy Compliance records include location, date, method used and results;
corrections, analysis of chemical content.
Public Works
Quality CU + 12Y 40 CFR 141.91 Destroy Compliance documentation including sampling data, analysis, reports,
surveys, documents, evaluation, schedules, valves, etc.
Public Works
Valve Main Records P GC34090 Permanent Public Works
Violations, Drinking
Water
CU + 3Y 40 CFR 141.33 Destroy Retention applies to each violation. Public Works
Water Delivery
System Infrastructure
Documentation
P GC34090(d) Permanent Drawings, maps, and other descriptive documentation of the physical
infra-structure of potable and recycled water delivery systems.
Public Works
Water Meters P GC34090(d) Permanent May include, but is not limited to: meter service cards, notifications,
readings, operations checklists, replacements, shop log sheets, sets
and install records, and all other paper records pertaining to meters
and readings not stored in CCMS.
Public Works
ITEM NO. 7D
Meeting Date: October 10, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Vanessa Marin Garrett, Civil Engineer
Agenda Title: Authorize the City Manager to Execute a Master Services Agreement with
Associated Right of Way Services, Inc. and Overland, Pacific, and Cutler.
RECOMMENDED ACTION: By Minute Order, Authorize the City Manager to Execute
Master Services Agreements and any related documents with Associated Right of Way Service,
Inc. and Overland, Pacific, and Cutler, subject to minor modifications approved by the City
Manager or City Attorney.
BACKGROUND: Staff often requires assistance from specialty consulting firms, design service
firms, and municipal engineering firms. These consultants are retained for three main reasons:
• To supplement staffing,
• To provide replacement staffing, and
• To provide knowledge in areas of specialized expertise
Due to the current and projected staff workload, there is a need to call on outside consultants to
assist in private and public projects for design, construction management, consulting, and other
services as needed. To keep City projects on track and development moving forward, it is
important to have access to consulting resources when the resources can be used in a cost-
effective manner. Also, having a consultant available for on-call services can support staff when
there are several projects to manage and additional project oversight is required. Also, staff
sometimes needs assistance from specialists with a detailed level of expertise when designing
municipal projects and completing the technical studies required for the City of Rohnert Park.
When this occurs, staff recommends hiring a consultant with expertise in this field.
Since 2004, staff has used “Master Services Agreements” to streamline the process of accessing
consultant resources. The Master Services Agreements outline the major terms of the business
relationship between the consultant and the City, including insurance and indemnification
requirements. Work on specific projects is then authorized by a one-page “Task Order” which
authorizes project-specific scopes and budgets. The form of Master Service Agreement was most
recently updated in late 2015 and staff has been working to transition existing and new
consultants into the new form of agreement.
ANALYSIS: Recently, a number of development and CIP projects have needed a right-of-way
acquisition consultant. Staff used the Request for Qualification (RFQ) process to determine the
consultants with the most experience pertaining to staff’s needs. The RFQ process allows staff to
compare scope and level of effort between consultants and secure the best value for the City.
Two consultants, Associated Right of Way Service, Inc. (ARWS) and Overland, Pacific, 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. 7D
Cutler (OPC) were determined to be the most qualified consultants for the tasks. Staff would like
to enter into a master agreement with the two qualified consultants for potential future use, as
well as satisfy the existing need for their services. Task orders will be issued to each consultant
for the scope of work selected for. The consultants provide specific expertise in an area that staff
does not regularly manage.
STRATEGIC PLAN ALIGNMENT: By establishing Master Services Agreements with
specialty consultants, the City is ensuring the effective delivery of public services and aligning
with Goal C of the Strategic Plan. Staff will also be able to better assist major planned
developments by utilizing these consultants, which aligns with Goal D of the Strategic Plan.
OPTIONS CONSIDERED: There are two options that the City can choose from:
1. The option recommended by staff is to award the Master Services Agreements to ARWS
and OPC. This will add both to the pool of consultants for staff to choose from. The
Master Services Agreements still allow for future competition among consultants due to
the overlap in the consultant services provided and the use of the RFQ process for
project-specific assignments.
2. The alternative option, which is not recommended by staff, is to not award the Master
Services Agreement per staff recommendation. This would limit staff’s ability to access
right of way acquisition consultants, as staff would need to enter into a consultant
agreement for each new project that comes up. Both options would result in less efficient
project execution and less timely response to developer and operational needs.
FISCAL IMPACT/FUNDING SOURCE: The Master Services Agreements would potentially
commit $15,000 for consulting work with a written notice to proceed from the City. Additional
contract authority for each consultant can only be committed through a separate task order.
Development Services’ Fiscal Year 2017-18 budget includes approximately $844,000 for
contractual services, some of which will be executed under the proposed Master Services
Agreement. Task order work is placed into Capital Improvement Project budgets or billed to
developers, which results in no impacts to the General Fund. Prior to issuing a task order, staff
will ensure that funds are allocated in the appropriate project’s budget or seek budget
amendments as appropriate.
Department Head Approval Date: 09/25/2017
Finance Director Approval Date: 09/25/2017
City Attorney Approval Date: 09/25/2017
City Manager Approval Date: 09/26/2017
Attachments (list in packet assembly order):
1. Associated Right of Way Services Master Services Agreement
2. Overland Pacific and Cutler Master Services Agreement
1 of 21
MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is
entered into as of the _______ day of _______ 2017, by and between the City of Rohnert Park
("City"), a California municipal corporation, and Associated Right of Way Services, Inc
("Consultant"), a California corporation, with reference to the following facts, understandings
and intentions.
Recitals
WHEREAS, City desires to obtain general city planning services and right of way
acquisition services and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement, subject to the terms and conditions of this
Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1.Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2.Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A.City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The Civil Engineer is hereby designated as the project manager (“Project
Manager”). The Project Manager shall supervise the progress and execution of this Agreement.
B.Consultant. The Consultant shall assign Larry Castellanos to have
overall responsibility for the progress and execution of this Agreement for Consultant.
3.Scope and Performance of Services
A.Scope of Services. Subject to such policy direction and approvals
as City may determine from time to time, Consultant shall perform the type of services generally
set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant shall be assigned to provide particular services pursuant to the requirements of a task
Attachment 1
2 of 21
order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”)
executed by Consultant and City.
B. Time of Performance. The services of Consultant are to
commence upon receipt of a written notice to proceed from City, but in no event prior to
receiving a fully executed agreement from City and obtaining and delivering the required
insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its
services in accordance with the schedule attached to the Task Order. Any changes to these dates
in either this Section 3 or the Task Order shall be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for
services provided directly under this Agreement be at the rate and schedules more particularly
described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services
authorized by Task Orders, be at the rate and schedules specified by said Task Order. However,
in no event shall the amount City pays to Consultant for services provided directly under this
Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to
Consultant for work done by Task Order exceed the total compensation specified by the Task
Order. Whether working under this Master Agreement or a Task Order, the services of the
Consultant shall not commence without a written notice to proceed from the City. City’s
obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s
compliance with the terms and conditions of this Agreement and any amendments thereto.
Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work,
even if such defects were known to the City at the time of payment. City shall pay Consultant as
compensation in full for such services and expenses for the different elements of the scope of
work as follows:
B. Timing of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation
demonstrating work performed during the billing period and shall
conform to Federal Funding invoicing requirements, if applicable.
Except as otherwise provided herein, City shall make payment, in
full, within thirty (30) days after approval of the invoice by City.
3 of 21
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted
and unencumbered appropriation of the City. In the event the City
has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover
only those costs incurred up to the conclusion of the current fiscal
year; payment for additional work is conditional upon future City
appropriation.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement
without prior written amendment to this Agreement. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. Consultant shall not commence any work exceeding the Scope
of Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Consultant shall not receive paid time off for days not
worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2019, unless earlier
terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager or his/her designee and Consultant. Work authorized by a separate Task Order as
contemplated by this Agreement shall be performed in accordance with the schedule set forth in
the Task Order.
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6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
and other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer
or principal of its firm, has, or shall acquire any investment, income, business entity, interest in
real property, or other interest, directly or indirectly, which would conflict in any manner with
the interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
(1) Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(2) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel
independent of the control and direction of the City or of any City
official, other than normal contract monitoring; and
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(3) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel.
(2 Cal. Code Regs. § 18700(a)(2).)
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. The City has no liability or
responsibility for any accident, loss, or damage to any work performed under this Agreement
whether prior to its completion or acceptance or otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law,
Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably
satisfactory to the City) and hold harmless City and any and all of its officers, officials,
employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability
(including liability for claims, demands, damages, obligations, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to
comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.
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 (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties 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 § 2782.8, as may be amended
from time to time.
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by
counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. 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 Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
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all rights to express or implied indemnity against the Indemnified Parties concerning any
Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s
failure to comply with any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
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prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1,
Article 2. Copies of the applicable wage determination are on file at the City's office of the City
Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Except as otherwise allowed by City in its sole
discretion, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a
business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal
Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s)
shall be kept valid throughout the term of this Agreement. City may withhold compensation
from Consultant until such time as Consultant complies with this section.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected officials,
employees, agents and volunteers for losses paid under Consultant's workers' compensation
insurance policy which arise from the work performed by Consultant for City.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by City, or as required by law.
15. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or
interest in or to the same or any part thereof without the City's prior written consent, which shall
be in the City’s sole discretion. Any assignment without such approval shall be void and, at the
City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant's indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
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by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in
connection with this Agreement. Such materials shall become the permanent property of the
City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for
the City's use of complete documents if used for other than the project contemplated by this
Agreement.
18. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
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20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707-588-2227
Fax: 707-792-1876
Email: cityclerk@rpcity.org
If to Consultant: Larry Castellanos
2300 Contra Costa Blvd, Suite 525
Pleasant Hill, CA 94523
Phone: 925-691-8500
Fax: 925-691-6505
Email: mschock@arws.com
24. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
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charges for services, or expenditures and disbursements charged to City and all documents and
records which demonstrate performance under this Agreement for a minimum period of three (3)
years, or for any longer period required by law, from the date of termination or completion of
this Agreement.
B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, age, sex, creed, color, sexual
orientation, marital status, or national origin. Such action shall include, but shall not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
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against the City arising from this Agreement, the Consultant must present a written claim to City
in accordance with the Rohnert Park Municipal Code
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
36. Statement of Economic Interest. If City determines Consultant comes within the
definition of Consultant under the Political Reform Act (Government Code §87100), Consultant
shall complete and file and shall require any other person doing work under this Agreement to
complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park
disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
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CITY OF ROHNERT PARK CONSULTANT
By: __________________________________
City Manager
By:
Title:
Date: Date:
Per Resolution No. 20_______adopted by the Rohnert
Park City Council at its meeting of
_______________________
CONSULTANT
By:
Title:
APPROVED AS TO FORM:
Date:
By: __________________________________
City Attorney
ATTEST:
By: __________________________________
City Clerk
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a
duly authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature
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Exhibit A
ARWS services include:
Right of Way Planning
Time & Cost Estimates/ Studies
Coordination/ Scheduling
Consultation
Value Engineering
Risk Management
Inter-Agency Liaison
Public Hearings & Workshops
Relocation Assistance
Relocation Plans
Time & Cost Estimates
Relocation Advisory Services
Appeals Advisory Services
Appraisals
Full and Partial Acquisitions
Permanent & Temporary Easements
Various Property Types
Damages/ Benefits Analysis
Review Services & Consultation
Acquisitions
Person to Person Negotiations
Permanent and Temporary Rights
Rights of Entry/ Agreements for Possession and Use
Leases/ Options
Document Preparation & Processing
Escrow Coordination
Condemnation Support Services
Comprehensive Coordination
Uniform Act Compliance
Records Management
Administer Regulations
Project Delivery Strategies
Utility Relocation Support
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EXHIBIT C
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 $1,000,000 (One
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 $1,000,000 (One Million Dollars) per occurrence.
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.
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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
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.
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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.
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
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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.
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MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is
entered into as of the _______ day of _______________ 20______ , by and between the City of
Rohnert Park ("City"), a California municipal corporation, and Overland, Pacific & Cutler, Inc
("Consultant"), a California corporation, with reference to the following facts, understandings
and intentions.
Recitals
WHEREAS, City desires to obtain Right of Way Acquisition Services and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement, subject to the terms and conditions of this
Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1.Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2.Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A.City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The Civil Engineer is hereby designated as the project manager (“Project
Manager”). The Project Manager shall supervise the progress and execution of this Agreement.
B.Consultant. The Consultant shall assign Steven Harris to have
overall responsibility for the progress and execution of this Agreement for Consultant.
3.Scope and Performance of Services
A.Scope of Services. Subject to such policy direction and approvals
as City may determine from time to time, Consultant shall perform the type of services generally
set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant shall be assigned to provide particular services pursuant to the requirements of a task
order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”)
executed by Consultant and City.
Attachment 2
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B. Time of Performance. The services of Consultant are to
commence upon receipt of a written notice to proceed from City, but in no event prior to
receiving a fully executed agreement from City and obtaining and delivering the required
insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its
services in accordance with the schedule attached to the Task Order. Any changes to these dates
in either this Section 3 or the Task Order shall be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for
services provided directly under this Agreement be at the rate and schedules more particularly
described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services
authorized by Task Orders, be at the rate and schedules specified by said Task Order. However,
in no event shall the amount City pays to Consultant for services provided directly under this
Agreement exceed fifteen thousand dollars ($15,000.00); nor shall the amount City pays to
Consultant for work done by Task Order exceed the total compensation specified by the Task
Order. Whether working under this Master Agreement or a Task Order, the services of the
Consultant shall not commence without a written notice to proceed from the City. City’s
obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s
compliance with the terms and conditions of this Agreement and any amendments thereto.
Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work,
even if such defects were known to the City at the time of payment. City shall pay Consultant as
compensation in full for such services and expenses for the different elements of the scope of
work as follows:
B. Timing of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation
demonstrating work performed during the billing period and shall
conform to Federal Funding invoicing requirements, if applicable.
Except as otherwise provided herein, City shall make payment, in
full, within thirty (30) days after approval of the invoice by City.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted
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and unencumbered appropriation of the City. In the event the City
has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover
only those costs incurred up to the conclusion of the current fiscal
year; payment for additional work is conditional upon future City
appropriation.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement
without prior written amendment to this Agreement. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. Consultant shall not commence any work exceeding the Scope
of Work without prior written authorization from the City. Failure of the Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Consultant shall not receive paid time off for days not
worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution
by both parties and shall continue in full force and effect until December 31, 2019, unless earlier
terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager or his/her designee and Consultant. Work authorized by a separate Task Order as
contemplated by this Agreement shall be performed in accordance with the schedule set forth in
the Task Order.
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6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
and other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest.
A. Consultant covenants and represents that neither it, nor any officer
or principal of its firm, has, or shall acquire any investment, income, business entity, interest in
real property, or other interest, directly or indirectly, which would conflict in any manner with
the interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
(1) Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(2) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel
independent of the control and direction of the City or of any City
official, other than normal contract monitoring; and
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(3) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel.
(2 Cal. Code Regs. § 18700(a)(2).)
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. The City has no liability or
responsibility for any accident, loss, or damage to any work performed under this Agreement
whether prior to its completion or acceptance or otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law,
Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably
satisfactory to the City) and hold harmless City and any and all of its officers, officials,
employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability
(including liability for claims, demands, damages, obligations, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to
comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.
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 (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties 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 § 2782.8, as may be amended
from time to time.
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by
counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. 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 Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
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all rights to express or implied indemnity against the Indemnified Parties concerning any
Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s
failure to comply with any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
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prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1,
Article 2. Copies of the applicable wage determination are on file at the City's office of the City
Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7, which
requires every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Except as otherwise allowed by City in its sole
discretion, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a
business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal
Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s)
shall be kept valid throughout the term of this Agreement. City may withhold compensation
from Consultant until such time as Consultant complies with this section.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected officials,
employees, agents and volunteers for losses paid under Consultant's workers' compensation
insurance policy which arise from the work performed by Consultant for City.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by City, or as required by law.
15. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or
interest in or to the same or any part thereof without the City's prior written consent, which shall
be in the City’s sole discretion. Any assignment without such approval shall be void and, at the
City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant's indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
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by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in
connection with this Agreement. Such materials shall become the permanent property of the
City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for
the City's use of complete documents if used for other than the project contemplated by this
Agreement.
18. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
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20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to
the time requirements set in the Task Order.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: 707-588-2227
Fax: 707-792-1876
Email: cityclerk@rpcity.org
If to Consultant: Steven Harris
1024 Iron Point Road, #100
Folsom, CA 95630
Phone: 916-857-1520
Email: SHarris@opcservices.com
24. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
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charges for services, or expenditures and disbursements charged to City and all documents and
records which demonstrate performance under this Agreement for a minimum period of three (3)
years, or for any longer period required by law, from the date of termination or completion of
this Agreement.
B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, age, sex, creed, color, sexual
orientation, marital status, or national origin. Such action shall include, but shall not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
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against the City arising from this Agreement, the Consultant must present a written claim to City
in accordance with the Rohnert Park Municipal Code
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
36. Statement of Economic Interest. If City determines Consultant comes within the
definition of Consultant under the Political Reform Act (Government Code §87100), Consultant
shall complete and file and shall require any other person doing work under this Agreement to
complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park
disclosing Consultant and/or such other person's financial interests.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
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CITY OF ROHNERT PARK CONSULTANT
By: __________________________________
City Manager
By:
Title:
Date: Date:
Per Resolution No. 20______-_______adopted by the
Rohnert Park City Council at its meeting of
________________________________
CONSULTANT
By:
Title:
APPROVED AS TO FORM:
Date:
By: __________________________________
City Attorney
ATTEST:
By: __________________________________
City Clerk
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Exhibit A
Scope of services
Coordination with Engineering and Environmental Staff
Attending Project Development Team meetings
Reviewing Right of Way exhibits, legals, and plats
Providing feedback
Preparing report to support related environmental studies
Requesting and reviewing hazardous material reports
Completing Right-of-Way certifications
Coordination with Property Owners
Assisting in preparing federal reimbursement requests
Assisting in preparation of Utility agreements & Franchise agreements
Preparation of a comprehensive project plan
Other right of way acquisition services
Right of Way Impact Analysis & Quality Assurance Planning
Design Change Control Management & Coordination
Land Valuation & Cost Studies
Relocation Impact Planning, Studies, & Analysis
GIS Mapping & Exhibit Preparation
Title Research, Analysis, & Curative Efforts
Land Disposition Planning, Studies, & Analysis
As needed Construction, Engineering Design, & Land Surveying Management/
Support Services
Document Template Management and Scheduling
Repository Definition & Version Management
Document Organization & Sharepoint Project Site Management
Compliance with Agency Documentation Standards
Work Breakdown Structure Definition & Maintenance
Sub consultant/ contractor Procurement & Accountability
Right of way/ Certification management
PrimaVera/ Microsoft project timelines & resource allocations
Project Milestones/ Scheduling Management
Variance & Risk Management Reporting
Document Preparation & Quality Verification
Escrow/ Closing Services Coordination
As Needed Administrative Support Services
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EXHIBIT C
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.
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.
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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
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.
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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.
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
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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.
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a
duly authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature
ITEM NO. 7E
1
Meeting Date: October 10, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Public Works & Community Services Director
Prepared By: Cindy Bagley, Community Services Manager
Agenda Title: Approval of an In-Kind Donation of City Labor, Fees, and Services in
the Amount of $4,981 to Support the Founders’ Day 2017 Event
RECOMMENDED ACTION:
Staff recommends that City Council approve an in-kind donation of labor, fees and services in
the amount of $4,981 to support the Founders Day Parade and Festival for 2017.
BACKGROUND:
In an effort to promote ongoing recognition of Rohnert Park’s incorporation as a city, the
Founders Day Parade and Festival Committee was formed to organize this and all future
Founders Day celebrations. The Committee is comprised of dedicated community members
committed to celebrating the history of Rohnert Park and promoting the City as a great place to
live and work. This year’s celebration was held on Saturday, October 7th at the Community
Center Complex. Event activities included a fun-run, parade along Snyder Lane and a festival at
the Community Center featuring musical entertainment, a car show, children’s games, food and
beverages, arts and crafts and a variety other activities. Details were posted on the City’s
website outlining the schedule of events.
ANALYSIS:
The Committee actively raised funds and sought local sponsors to support the cost of the
Founders Day Celebration. The Committee offered a flexible sponsorship package allowing
residents, businesses and organizations the ability to support the Founders Day event at a level
that fit individual budgets.
Some of the sponsorship incentives included sponsor logos (or names included in advertising),
placed on the City’s website and printed on t-shirts, banners and other promotional materials.
There were also event-day incentives that benefited the sponsors depending upon the sponsorship
level chosen.
The Founders Day Committee has asked the City to support the various components of the
celebration and parade via an in-kind donation of labor, fees, and services estimated to cost
$4,981. A summary of the proposed costs is provided in Attachment 1. These costs would
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
2
impact the General Fund and would be absorbed within the Public Safety, Public Works, and
Community Services operating budgets. Government Code requires entities to make a
determination of whether in-kind donations constitute a gift of public funds. Staff has
determined that this in-kind donation is not a gift of public funds because it promotes civic
involvement and raises awareness of city government. Specifically, the Founder’s Day event is
open to the public, serves the best interest of the community, and is consistent with the City’s
strategic plan goal of building a vibrant community through expanding programs that bring
people together.
OPTIONS CONSIDERED:
No other viable options were considered. The Founder’s Day Parade and Celebration provides
an opportunity for Rohnert Park to celebrate its history and will foster a stronger sense of
community.
FISCAL IMPACT/FUNDING SOURCE:
The estimated total value of the City’s in-kind donation of labor, fees and services to the
Founders Day Committee is $4,981. This includes the cost of staff time for the parade (traffic
control and staging of barricades and cones), the Community Center Complex and staff, and a
ten percent (10%) contingency to cover any unexpected expenses. Attachment 1 to this report
provides a detailed breakdown of identified expenses.
Department Head Approval Date: 09/27/17
Finance Director Approval Date: 10/4/17
City Attorney Approval Date: N/A
City Manager Approval Date: 9/28/17
Attachments:
1. Proposed Cost Summary
Attachment 1
Founders Day Parade and Festival
Proposed Cost Summary: City In-Kind Donation
Saturday October 7, 2017
Event Notes City Costs (labor,
material, fees)
I. Parade
Parade Route & Staging Lawrence Jones Middle School to University
Square
-
Equipment & Materials Cones, barricades, signs, truck, trailer -
Labor
Public Safety 8 PSOs – 2 hours @$140/hour
4 Public Safety Aides - $0
$ 2,240
Public Works 4 MWIIs – 4 hours @$53.10/hour (OT rate) 850
Sub-total (Parade) $3,090
II. Community Center Complex: Festival
Community Center Square
& Back Lawn Area
Special Event flat fee $850/day $850
Part-time Facility Attendant 2 Facility Attendant – 12 hours $12/hour $288
Community Center Lobby $100/flat fee 100
Community Center
Northwest Lawn Area
$200/flat fee 200
Sub-total (Community Center Complex) $1,438
Total City Costs
10% Contingency
$4,528
$453
Estimated Grand Total $4,981
Item No. 8
Meeting Date: October 10, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Angela Beran, Management Analyst
Agenda Title: Discussion and Direction for 1) Recreational Courts Rehabilitation
and Resurface Plan, and 2) Pickleball Courts
RECOMMENDED ACTION:
Staff seeks the City Council’s direction for 1) the proposed tennis, basketball, and soccer court
rehabilitation and resurface plan, and 2) pickleball courts.
BACKGROUND:
Courts Rehabilitation and Resurface Plan
The City has over 116 acres of community, neighborhood and mini-parks parks. Many City parks
include amenities such as lighted tennis and basketball courts as well as paved soccer courts that
were previously tennis courts. Below, Table 1 shows a complete inventory of the City’s tennis,
basketball, and soccer (converted tennis) courts.
Table 1: City of Rohnert Park Courts Inventory
Park Tennis Basketball Soccer
Alicia 2
Dorotea 2 1
Eagle 2
Gold Ridge 2
Golis 2 2 1
Honeybee 2 2
Ladybug 2
Magnolia 8* 2
Rainbow 1 1
Sunrise 4** 2
Total 23 12 3
*The Magnolia Park tennis courts were excluded from staff assessment because all 8 courts were recently rehabilitated.
**The April 19, 2017 Parks and Recreation Commission included pickleball recommendation.
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
With the exception of Magnolia Park tennis courts, all city courts need some form of rehabilitation
or resurfacing. The 2017-18 infrastructure reserve budget includes $200,000 for court resurfacing
which will only fund a limited number of court resurfacing projects. Preliminary estimates to
restore all city courts is $534,000. Thus, staff has developed a multi-year plan to resurface all
courts as funding becomes available. On September 21, 2017, staff presented this rehabilitation
and resurface plan strategy to the Parks and Recreation Commission (Commission). This report
brings the Commission and staff’s recommended multi-year court replacement plan strategy.
Pickleball Courts
Pickleball is a racquet sport that combines elements of badminton, tennis, and table tennis. Two,
three, or four players use solid paddles made of wood or composite materials to hit a perforated
polymer ball, similar to a whiffle ball, over a net. The sport shares features of other racquet sports;
the dimensions and layout of a pickleball court is like a badminton court, and the net and rules are
similar to tennis, with a few modifications. Pickleball was invented in the mid-1960s as a children's
backyard pastime but has become popular among adults as well.
Pickleball is currently offered as a drop-in sport at the Callinan Sports and Fitness Center (Sports
Center) on Tuesday and Thursday mornings. A group of participants from this drop-in program
approached the City Council about the potential of creating outdoor pickleball courts. The City
Council directed the group to the Commission for issue evaluation and recommendation. On April
19, 2017, the Commission received a report and testimony from the group about pickleball options.
This report contains the Commission’s recommendation for pickleball at Sunrise Park.
ANALYSIS:
Courts Rehabilitation and Resurface Plan
Staff developed court evaluation criteria to thoroughly assess and prioritize courts resurfacing
projects. Each measure (criterion) is scored on a 0 to 3 scale, 3 being the highest score and 0 the
lowest score. The scores from all of the criteria are added and become a total score. Based on the
court evaluation criterion which are summarized in Table 2 below, the total score of all criteria
shows staff ranking of each court. Using this information, along with rehabilitation cost, staff is
able to prioritize court rehabilitation work based on the evaluation criterion and cost.
Table 2: Evaluation Criteria
Criteria Explanation
Greatest Improvement Need Courts that need the most rehabilitation
Court Isolation How far the court is from other City, School District, or
private courts (high score would indicate that there are very
few alternative courts in close proximity)
Complimentary Amenities Parking lots, lights, adjacent popular fields
While court use is an important criteria for determining priority of repair work, staff determined
that this was strongly connected to a court’s current condition and quality (captured in “Greatest
Improvement Need”). To avoid potentially double counting the same qualities, court use was
omitted from the final evaluation criteria.
Item No. 8
Rehabilitation Methods and Cost Estimates
The courts’ rehabilitation needs range from topcoat and striping work to a more extensive
rehabilitation work including an asphalt overlay plus topcoat and striping. The City’s park courts
use and rehabilitation methods are distinctly different; therefore, the tennis, basketball, and soccer
courts were evaluated and ranked separately. Preliminary construction cost estimates for the
rehabilitation ranged from $15,000 to $37,500 for a single tennis court, $12,000 to $18,000 for a
single basketball court, and $7,200 for a single soccer court (converted tennis court) depending on
the scope of work needed. Actual costs may vary as the projects go out for design and bidding.
Item No. 8
Table 3: Tennis Courts Assessment
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of
Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Ladybug Park 1 2 1 4 S 30,000 2 15,000 3,750
Sunrise Park 3 2 3 8 RO 150,000 4 37,500 4,688
Golis Park 1 1 3 5 S 48,000 2 24,000 4,800
Eagle Park 2 0 1 3 S 36,000 2 18,000 6,000
Rainbow Park 2 2 1 5 O 30,000 1 30,000 6,000
Dorotea Park 0 0 2 2 S 30,000 2 15,000 7,500
Honeybee Park 0 1 1 2 S 30,000 2 15,000 7,500
High 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 RO - Reconstruct, overlay, top coat, & stripe 2
None 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
Item No. 8
Table 4: Basketball Courts Assessment
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Sunrise Park 2 1 2 5 S 24,000 2 12,000 2,400
Honeybee Park 3 1 2 6 O 33,600 2 16,800 2,800
Dorotea Park 1 2 1 4 S 12,000 1 12,000 3,000
Gold Ridge Park 2 0 2 4 S 24,000 2 12,000 3,000
Rainbow Park 3 2 1 6 O 18,000 1 18,000 3,000
Magnolia Park 1 1 2 4 S 26,400 2 13,200 3,300
Golis Park 1 0 2 3 S 26,400 2 13,200 4,400
High 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 2
None 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
Item No. 8
Table 5: Soccer Courts Assessment
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Alicia Park 3 1 0 4 C 14,400 2 7,200 1,800
Golis Park 2 0 2 4 C 7,200 1 7,200 1,800
High 3 3 3 3 C - Crack seal, stripe Priority Tier
Medium 2 2 2 2 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
Item No. 8
Multi-Year Implementation Plan
A multi-year approach for implementing the court rehabilitation and surface repairs would allow
staff to develop a comprehensive schedule for completing the projects. The implementation plan
can be generated using the Priority Tiers established from the assessments summarized in Table
3, Table 4, and Table 5 above.
Table 6 below summarizes a proposed three-year court rehabilitation plan which schedules most
priority Tier 1 projects first. After Priority Tier 1 projects, depending upon funding, staff would
move on to scheduling Priority Tier 2 and Priority Tier 3 projects.
Table 6: Proposed Three-Year Court Rehabilitation Plan
Schedule Location # of Courts Cost Estimates
Year 1
1. Honeybee Park – Basketball 2 $ 33,600
2. Sunrise Park – Tennis 4 $ 150,000
3. Dorotea Park – Basketball 1 $ 12,000
Total $ 195,600
Year 2
4. Sunrise Park – Basketball 2 $ 24,000
5. Golis Park – Basketball 2 $ 26,400
6. Rainbow Park – Basketball 1 $ 18,000
7. Ladybug Park – Tennis 2 $ 30,000
8. Golis Park – Tennis 2 $ 48,000
9. Alicia Park – Soccer 2 $ 14,400
10. Golis Park – Soccer 1 $ 7,200
Total $ 168,000
Year 3
11. Magnolia Park – Basketball 2 $ 26,400
12. Eagle Park – Tennis 2 $ 36,000
13. Rainbow Park – Tennis 1 $ 30,000
14. Gold Ridge Park – Basketball 2 $ 24,000
15. Dorotea Park – Tennis 2 $ 30,000
16. Honeybee Park – Tennis 2 $ 30,000
Total $ 176,400
Pickleball Courts
Staff reviewed options for adding pickleball courts in City park tennis courts, and Sunrise Park
was suggested as a location for new pickleball courts. Staff presented their findings to the
Commission on April 19, 2017. The Commission recommended to City Council that Sunrise Park
be home to future pickleball courts.
In this report staff is recommending to City Council that one current tennis enclosure at Sunrise
Park be converted into four permanent pickleball courts, and the second enclosure be two
permanent tennis courts. If the City Council approves the multi-year rehabilitation plan, staff
could include pickleball courts at Sunrise Park in the project design.
Item No. 8
STRATEGIC PLAN ALIGNMENT:
Adopting a plan to prioritize the rehabilitation of recreational courts is in alignment with
Strategic Plan Goal D: Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
The total of all court repairs exceeds the established $200,000 budget for Fiscal Year 2017-18.
Staff requests direction for identifying which recreational tennis, basketball, and soccer courts to
rehabilitate and has identified the following options:
Option 1: Dividing up the projects into Priority Tiers. A multi-year plan would break up the court
rehabilitation projects into multiple tiers. Priority Tier 1 projects would be addressed first,
followed by Priority Tier 2 and Tier 3 projects. Priority Tiers are determined by calculating the
cost per court per community benefit point based upon evaluation criteria. Staff and Parks and
Recreation Commission Recommend this Option.
Option 2: Modify evaluation criteria, generate new priority project list and timeline. Staff believes
the criteria in this report capture the current benefit to the community and provide an accurate tool
for establishing courts priorities. Depending upon funding, the City’s entire court infrastructure
could be rehabilitated in four years or less. Staff does not recommend adjusting the evaluation
criteria and work plan.
FISCAL IMPACT/FUNDING SOURCE:
City Council has established a $200,000 budget for court repairs during the Fiscal Year 2017-18
budgeting process. Cost estimates have been provided by the Deputy City Engineer based upon
photos and staff accounts of court conditions.
Department Head Approval Date: September 29, 2017
Finance Director Approval Date: N/A
City Attorney Approval Date: N/A
City Manager Approval Date: October 2, 2017
Attachments (list in packet assembly order):
1) FY2017-18 Recreational Courts Rehabilitation and Surface Repair Assessment
2) Map of City Courts
1 | P a g e
FY2017-18 Recreational Courts Rehabilitation
and Surface Repair Assessment
Total FY 2017-18 Budget = $200,000
Proposed Three-Year Court Rehabilitation Plan
Schedule Location # of Courts Cost Estimates*
Year 1
1.Honeybee Park – Basketball 2 $ 33,600
2.Sunrise Park – Tennis 4 $ 150,000
3.Dorotea Park – Basketball 1 $ 12,000
Total $ 195,600
Year 2
4.Sunrise Park – Basketball 2 $ 24,000
5.Golis Park – Basketball 2 $ 26,400
6.Rainbow Park – Basketball 1 $ 18,000
7.Ladybug Park – Tennis 2 $ 30,000
8.Golis Park – Tennis 2 $ 48,000
9.Alicia Park – Soccer 2 $ 14,400
10.Golis Park – Soccer 1 $ 7,200
Total $168,000
Year 3
11.Magnolia Park – Basketball 2 $ 26,400
12.Eagle Park – Tennis 2 $ 36,000
13.Rainbow Park – Tennis 1 $ 30,000
14.Gold Ridge Park – Basketball 2 $ 24,000
15.Dorotea Park – Tennis 2 $ 30,000
16.Honeybee Park – Tennis 2 $ 30,000
Total $ 176,400
*Court repair cost estimates have been provided by Deputy City Engineer as of Summer 2017.
Attachment 1
2 | P a g e
Courts Status
Tennis
# of Courts Lights Type of use
(Resident/League) Parking Condition
Dorotea Park 2 Yes R Street Good
Eagle Park 2 Yes R Street Fair
Golis Park 2 Yes R Lot Fair
Honeybee Park 2 Yes R Lot Good
Ladybug Park 2 No R Street Fair
Magnolia Park* 8 Yes L Lot Excellent
Rainbow Park 1 Yes R Street Fair
Sunrise Park 4 Yes R Lot Poor
*The Magnolia Park tennis courts were excluded from repair assessment because all eight courts were
recently rehabilitated.
Basketball
# of Courts Lights Parking Condition
Dorotea Park 1 Yes Street Good
Gold Ridge Park 2 Yes Lot Fair
Golis Park 2 Yes Lot Fair
Honeybee Park 2 Yes Lot Poor
Magnolia Park 2 Yes Lot Fair
Rainbow Park 1 Yes Street Poor
Sunrise Park 2 Yes Lot Poor
Soccer
# of Courts Lights Parking Condition
Alicia Park 2 No Street Poor
Golis Park 1 Yes Lot Fair
3 | P a g e
Courts Analysis
Tennis Analysis
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of
Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Ladybug Park 1 2 1 4 S 30,000 2 15,000 3,750
Sunrise Park 3 2 3 8 RO 150,000 4 37,500 4,688
Golis Park 1 1 3 5 S 48,000 2 24,000 4,800
Eagle Park 2 0 1 3 S 36,000 2 18,000 6,000
Rainbow Park 2 2 1 5 O 30,000 1 30,000 6,000
Dorotea Park 0 0 2 2 S 30,000 2 15,000 7,500
Honeybee Park 0 1 1 2 S 30,000 2 15,000 7,500
High 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 RO - Reconstruct, overlay, top coat, & stripe 2
None 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
4 | P a g e
Basketball Analysis
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Sunrise Park 2 1 2 5 S 24,000 2 12,000 2,400
Honeybee Park 3 1 2 6 O 33,600 2 16,800 2,800
Dorotea Park 1 2 1 4 S 12,000 1 12,000 3,000
Gold Ridge Park 2 0 2 4 S 24,000 2 12,000 3,000
Rainbow Park 3 2 1 6 O 18,000 1 18,000 3,000
Magnolia Park 1 1 2 4 S 26,400 2 13,200 3,300
Golis Park 1 0 2 3 S 26,400 2 13,200 4,400
High 3 3 3 S - Top coat & stripe Priority Tier
Medium 2 2 2 O - Overlay, top coat, & stripe 1
Low 1 1 1 2
None 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
5 | P a g e
Soccer Analysis
Analysis
Greatest
Improvement
Need1
Court
Isloation2
Complimentary
Ammenities3
Total
Community
Benefit
Rehabilitation
Method
Estimated
Total Cost
($)4
# of Courts
Estimated
Cost/Court
($)
Cost/Court
/Benefit
($)
Alicia Park 3 1 0 4 C 14,400 2 7,200 1,800
Golis Park 2 0 2 4 C 7,200 1 7,200 1,800
High 3 3 3 3 C - Crack seal, stripe Priority Tier
Medium 2 2 2 2 1
Low 1 1 1 1 2
None 0 0 0 0 3
Footnotes
1 Courts that need rehab the most
2 Location adjacent to other courts (i.e., City, School District, or Private Courts)
3 Parking, lights, popular fields
4 Paint expenses vary (low: black and white vs high: multi-color)
Community Benefit Rehab/Retrofit Cost
S
C
A
L
E
6 | P a g e
Dorotea Park – Tennis
West court cracking – minor East court cracking – mild Minor to severe cracking. Sealant needed.
Court top coat and cracking – minor Court top coat and cracking – minor
7 | P a g e
Eagle Park – Tennis
Perimeter severe cracking and trip hazard, outside of courts.
Top coat and restripe needed.
Root and severe cracking starting Fencing, fence line uneven & needs replacement.
8 | P a g e
Golis Park – Tennis
Top coat and cracking
9 | P a g e
Honeybee Park – Tennis
Top coat needed
Severe cracking
Perimeter severe cracking, outside of courts.
10 | P a g e
Ladybug Park – Tennis
Top coat and restripe needed
Severe cracking around perimeter
11 | P a g e
Rainbow Park - Tennis
May need an overlay, top coat, and restripe.
Possible subgrade issues resulting in mild to severe cracking.
12 | P a g e
Sunrise Park – Tennis
Poor condition, needs reconstruction, overlay, top coat, and striping
13 | P a g e
Dorotea Park – Basketball
Crack sealant and a topcoat with a restripe.
Currently its blacktop with striping
14 | P a g e
Gold Ridge Park – Basketball
Striping needed and cracking
15 | P a g e
Golis Park – Basketball
Top coat and striping needed
Crack sealing
16 | P a g e
Honeybee Park – Basketball
Top coat and cracking – severe
Needs crack sealing, overlay (maybe) topcoat and striping
17 | P a g e
Magnolia Park – Basketball
Crack sealant, topcoat, and restriping
18 | P a g e
Rainbow Park – Basketball
Overlay may be needed, but definitely crack sealing, topcoat, and restripe
19 | P a g e
Sunrise Park – Basketball
20 | P a g e
Alicia Park – Soccer
Crack sealing and restripe required.
21 | P a g e
Golis Park – Soccer
Crack seal, black top only.
Cotati
Public Courts
City Tennis Court—23
City Basketball Court— 12
City Soccer Court— 3
Gold
Ridge
Golis
LJMS
Honeybee
Eagle
Dorotea
Sunrise
Rainbow
Monte Vista
Magnolia
Ladybug
Alicia
Attachment 2
ITEM NO. 9
1
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
Meeting Date: October 10, 2017
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Agenda Title: Adjustment of City Council Compensation
RECOMMENDED ACTION:
Adopt an ordinance increasing City Council compensation by 17.73%, the same percentage
increase employees received since the last council member compensation adjustment (2006).
BACKGROUND:
At the August 8, 2017, City Council Meeting the City Council directed staff to prepare an
ordinance adjusting councilmember compensation. The amount of the adjustment was to be
consistent with the rate of increase in employee salaries between the last City Council
compensation adjustment in 2006 and the effective date of the adjustment which will be at the
beginning of a council member’s new term of office which will occur in December 2018.
DISCUSSION
Pursuant to the direction from the City Council, staff researched the historic employee salary
increases including the scheduled July 1, 2018 increase. The increases varied by bargaining unit
over the study period. To find an average increase, the numbers of full-time equivalent positions
covered by each bargaining group were used to calculate a weighted average. Using this
method, the average increase is 17.73%.
Adjusting the existing council member compensation of $411.16 up by 17.73% yields a monthly
compensation amount of $484.06.
The attached ordinance, if approved, would set council member compensation at $484.06 per
month which will be effective at the beginning of a council member’s new term of office which
will occur in December 2018.
STRATEGIC PLAN ALIGNMENT:
Serving as a council member is time consuming and requires significant attention to best serve
the community. Providing compensation consistent with state law limits supports the Strategic
Plan Goal A – Practice Participative Leadership at All Levels.
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 9
2
FISCAL IMPACT
The fiscal impact would be $5,751 per year including PERS retirement costs. There is no impact
on the Fiscal Year 2017-18 Budget as it ends in June of 2018, before the effective date of the
increase.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 9/18/2017
City Manager Approval Date: 9/29/2017
Attachments (list in packet assembly order):
1. Ordinance
1
Ord. 911
ORDINANCE NO. 911
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 2.12.020, POPULATION, AND SECTION 2.12.030, SALARIES,
OF THE ROHNERT PARK MUNICIPAL CODE TO ADJUST CITY COUNCIL
COMPENSATION
WHEREAS, Section 36516 of the Government Code authorizes the council to provide
by ordinance that each member of the council shall receive a prescribed salary;
WHEREAS, the last council member compensation increase was adopted in 2006 setting
the amount at $411.16;
WHEREAS, the prescribed salary may be increased within limits set by Section 36516
of the Government Code;
WHEREAS, staff calculated the maximum permissible compensation to be $637.29 per
month;
WHEREAS, the City Council desires to set council member compensation at a rate that
is lower than the maximum permissible, to be consistent with general employee increases during
the time period between council member adjustments;
WHEREAS, staff calculated the general employee average increase to be 17.73% over
the specified time period;
WHEREAS, a 17.73% increase to the $411.16 compensation yields a monthly
compensation of $484.06;
WHEREAS, the City Council desires to update its codified population of the City of
Rohnert Park since it has increased from 29,674 to 42,067 as of January 1, 2017.
NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as follows:
SECTION 1. Section 2.12.020, of the Rohnert Park Municipal Code is amended in its entirety
to read as follows:
Population. As of January 1, 2017, the latest estimate of population of the city
made by the California Department of Finance is forty-two thousand sixty-seven.
SECTION 2. Section 2.12.030, of the Rohnert Park Municipal Code is amended in its entirety
to read as follows:
Salaries. Each council member shall receive a salary of four hundred eighty-four
dollars and six cents per month, as authorized by Government Code 36516 and
which shall be payable at the same time and in the same manner the salaries are
paid to the other officers and employees of the city.
2
Ord. 911
SECTION 3. This change in compensation shall become effective whenever one or more
members of the City Council begins a new term of office, in accordance with Government Code
section 36516.5.
This ordinance was introduced on October 10, 2017, and adopted by the Council of the City of
Rohnert Park on October 24, 2017 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
________ _____________
Jake Mackenzie, Mayor
ATTEST:
__________________________________
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
_______________________________
Michelle Marchetta Kenyon, City Attorney
ITEM NO. 10
1
Meeting Date: October 10, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jeffrey S. Beiswenger, Planning Manager
Agenda Title: Appeal of Planning Commission Denial of a Conditional Use Permit and
Site Plan and Architectural Review for Vintage Pointe III Mixed Use
Residential and Commercial Project at the Northeast Corner of East Cotati
Avenue and Camino Colegio Avenue
RECOMMENDED ACTION:
Conduct a public hearing and consider an appeal of a Planning Commission decision to deny a
Conditional Use Permit and Site Plan and Architectural Review for the mixed-use project at the
corner of East Cotati Avenue and Camino Colegio Avenue, commonly known as Vintage Pointe
III Mixed Use Project (the “Project”). Staff recommends upholding the appeal and approval of
the Project.
BACKGROUND:
In March 2017, the applicant, Steven Scarpa, submitted application PLSU2017-002 for approval
of a conditional use permit and site plan and architectural review for the Project. This item was
considered by the Planning Commission at a July 13, 2017 public hearing. The Planning
Commission denied the Project application and the denial was subsequently appealed by the
applicant to the City Council for reconsideration on July 21, 2017. The applicant requested that
this item be heard by the City Council at the October 10, 2017 regularly scheduled meeting.
Proposal
The subject site is currently vacant and zoned C-N Neighborhood Commercial. The subject site
is vacant and completely surrounded by a mix of commercial and residential development and is
the only vacant land in the vicinity. Property to the east and north on Cala Way and Caridad
Court are zoned single family and multi-family and developed accordingly. Property to the west
across Camino Colegio Avenue is zoned multi-family and neighborhood commercial and
developed accordingly. The Project site is 1.16 acres is size and consists of two (2) parcels.
The applicant proposes a mixed use project consisting of 31 multi-family units and 4,200 square
feet of commercial and office space. In the C-N Neighborhood Commercial zone the residential
component of a mixed use project requires approval of a Conditional Use Permit (CUP). Site
Plan and Architectural Review (SPAR) is required prior to issuance of any building permits for
new buildings. The Project’s two primary components are described as follows:
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 10
2
1. Commercial and Office Use. The East Cotati Avenue frontage would be developed with
two single-story commercial buildings separated by a patio area. The building would
accommodate commercial uses permitted in the C-N district. The office space would be
located on the first floor of the residential building facing East Cotati Avenue with studio
units above. Parking for the commercial and office use would be located between the two
buildings with access from Camino Colegio.
2. Multi-Family Units. Thirty-one (31) multi-family units would be located along the
Camino Colegio frontage of the property with access to the parking from Cala Way. The
ground floor would consist of eight (8) one (1) bedroom units and five (5) studio units.
On the second floor would be eight (8) one bedroom units and ten (10) studio units. The
one (1) bedroom units would be 665 square feet and the studio units would be 375 square
feet.
Figure 1 - Project Landscape Plan
Open Space
The Project complies with the open space requirements in the Municipal Code. Each ground
floor unit would have a private patio and the second floor units would have private balconies.
There would also be common open space in front of some of the buildings the patio between the
commercial buildings and along the east property line. Total open space would conform to the
requirement of 200 square feet per unit for a mixed-use project.
Landscaping
The proposed Project landscaping would be consistent with development standards contained
within the Municipal Code. The Project proposes fifteen (15) foot landscaped setbacks along
each of the three (3) street frontages. The ten foot setback between the Project buildings and the
rear property line of homes on Caridad Court backing up to the Project would be landscaped.
There is a difference in grade between the homes to the rear and the subject property. The subject
ITEM NO. 10
3
property is lower than the homes to the rear. A six (6) foot high masonry wall will be provided
separating the subject property from the homes to the rear. This will serve both as a privacy
separation and reduce noise between the Project and the adjacent single-family homes. There
will also be a retaining wall along a portion of the Calla Way frontage of the property because of
the differences in grade on the property.
There are a number of large trees along the Camino Colegio frontage of the property. These
have been inspected by the City arborist and has been recommended for removal. They are in
danger of falling because of the large size and maturity. A combination of trees, shrubs and
groundcover would be planted on-site. Drought tolerant plants would be used. Evergreen trees
would be planted along the easterly property line to produce screening for the adjacent single-
family homes. Trees would be planted in the parking areas to conform to the city requirement of
one (1) tree for every four (4) parking spaces.
Parking
The Project meets the parking requirement of the Municipal Code. A total of 52 on-site parking
spaces would be provided, as follows:
● The commercial and office area is considered a shopping center and the parking
requirement is one (1) space per 300 square feet. Based on a total of 4,200 square footage
of office and commercial use, the required commercial/office parking is 14 spaces.
● The multi-family requirement is 39 spaces based on one (1) space per unit (31) plus eight
(8) guest spaces for a total of 39 spaces. Total required parking for the development is 54
spaces (15 commercial plus 39 multi-family) which is one (1) more the 53 on-site spaces.
This does not include the nine (9) on-street spaces.
● The Project would also indent the curb on Camino Colegio Avenue to provide an
additional nine (9) parking spaces on the Camino Colegio Avenue frontage of the
property. These spaces are not required by the Municipal Code but will benefit the
Project (and the neighborhood) by adding to the on-street parking supply. The parking
spaces on Camino Colegio have been recessed so as not to obstruct the bike path on the
street.
● Five (5) handicap stalls are required for both the commercial and multi-family uses based
on a ratio of one (1) handicap stall for every 25 parking spaces. Six spaces would be
provided - exceeding the minimum requirement.
In total, the proposed Project would provide 61 new parking spaces including the nine (9) on-
street recessed spaces on Camino Colegio. Based on the shared parking analysis completed for
the Project it would be expected to experience a peak parking demand for 54 spaces. With a
planned supply of 61 spaces, the parking supply would be sufficient.
Architecture
The Project would have a contemporary appearance and the designs has been reviewed
according to the city design guidelines. Building materials would consist of a concrete base and
walls consisting of hardie siding and stucco. Painted metal awnings would be placed over many
of the windows facing the streets and doors for both the commercial and residential buildings.
The two commercial buildings facing East Cotati Avenue would be 18 feet high and the
remainder of the buildings on the site would be 25 feet high. The patio area between the two
ITEM NO. 10
4
commercial buildings would be partially covered with a metal trellis structure. In place of fences
or walls, planter boxes would encircle the patios and balconies to define their area for the
residents. Building colors would have gray tones.
Figure 2 - View from Commercial Parking Lot
Refuse Enclosures
The refuse enclosure would consist of concrete masonry walls with metal roofing and metal
gates. There would be two (2) refuse enclosures, one in each parking lot. The refuse enclosures
would be painted to match the buildings.
ITEM NO. 10
5
Figure 3 - Refuse Enclosures
Signs
The potential location of wall signs on the commercial building and the front of the first floor
office area are shown on the building elevations. The applicant is proposing three (3) monument
signs - which is not permitted by the Municipal Code. One would be located at the corner of
Camino Colegio and Cala Way for the apartment building and two at the corner of Camino
Colegio and East Cotati for the commercial building. The sign section of the Zoning Ordinance
permits one monument sign for each street frontage. Therefore, a monument sign would
permitted at the corner of Camino Colegio and Cala Way for the apartment units and a single
monument sign at the along the East Cotati frontage for the commercial buildings. The
monument signs would have a low masonry base to match the building and a concrete frame
enclosing panels with raised metal letters. Total height would be four (4) feet. Indirect lighting
would be provided from the surrounding planter. Each sign would require a Sign Permit prior to
installation. A conditional of approval has been included so that prior to issuance of any sign
permit, a revised site plan would be required to eliminate the extra sign on the Camino Colegio
frontage. A Master Sign Program shall also be required for the Project.
APPEAL:
The Planning Commission considered this item at the July 13th Planning Commission hearing. A
motion to approve the Project failed with 2 yes votes, 3 no votes, therefore the Project was not
approved. The applicant filed a timely appeal on July 21, 2017. On appeal, the applicant argued
that the Planning Commission’s denial was in error and an abuse of discretion. The applicant
maintains that the Project is permitted under the zoning applicable to the Project site, and is
compliant with all requirements necessary for approval. The applicant argues that this Project
ITEM NO. 10
6
was previously submitted as PLSU2016-002, and all prior concerns raised by the Planning
Commission have been addressed through a substantial re-design of the Project.
The applicant maintains that the Planning Commission raised concerns regarding parking, traffic,
location of commercial garbage, privacy fencing and proposed various site redesign suggestions,
including partially-subterranean parking, removal of a commercial structure in favor of
additional parking, additional office space, reorienting residential unit entrances, and moving the
commercial parking lot entrance. With regards to Planning Commission concerns over parking
and traffic congestion, the applicant argues that the Project exceeds the requirements of the
zoning ordinance and that the applicant has conducted multiple traffic studies to consider traffic
and parking impacts. Certain Planning Commissioners requested that the applicant consider
relocating the commercial trash enclosure to move it away from the adjacent single family homes
and increase the height of the wall adjacent to the single family homes. Both of these changes to
the site plan could address some of the perceived impacts, but these changes were not requested
by the majority of the Planning Commission and are not currently proposed by the applicant.
Staff did not include a requirement in the Conditions of Approval to address these concerns. In
summary, the applicant argues that requisite zoning requirements were satisfied, that the required
findings could have been made, and that the Project should have been approved.
STANDARD OF REVIEW:
The City Council’s review of an appeal from a Planning Commission decision is subject to de
novo review. As set forth in Section 17.25.125.C of the Rohnert Park Municipal Code, the City
Council shall consider the same application, plans, and related Project materials that were the
subject of the original decision, and its decision shall be “based upon the same standards as those
of the lower decision-making body.” The materials before the Planning Commission are
attached to this staff report. The City Council must affirm, modify or reverse the original
decision or may refer it back to the Planning Commission for reconsideration. When a decision is
modified or reversed, the City Council must state the basis for modification or reversal. The City
Council must also adopt the required findings for any applicable permits.
ANALYSIS:
Staff believe that the Project is consistent with the General Plan goals and policies for the area,
and that the required findings can be made, and therefore recommends City Council approve the
Project based on the analysis below.
The C-N Neighborhood Commercial district requires that the location of a mixed-use project,
containing a residential use be carefully considered prior to approval. Staff believes that this is an
appropriate location for a mixed-use project due to the close proximity to the SMART station
and Sonoma State University. The Project is within ¼ mile of the Cotati SMART platform and
approximately ½ mile to Sonoma State University. This is considered an easy walking distance
and could encourage pedestrian activity in the area.
Approximately two years ago a gas station with a car wash was proposed on this site. While this
application was withdrawn, a gas station would have been a permitted use at this location and
illustrates an alternative use for this site. It is the opinion of staff that the proposed mixed-use
buildings would be better fit for this location than a gas station (or similar commercial use). The
Project would be unique in that there are both commercial and residential uses sharing the same
building. The design of the site provides for the privacy of the residents and the residential use is
ITEM NO. 10
7
compatible with the other apartment complexes immediately to the north of the site and
compatible with the residential character of the surrounding neighborhood. The commercial
component is compatible with the commercial character of East Cotati.
Conditional Use Permit (CUP)
In considering the appeal, the City Council will be reviewing the Project according the zoning
code requirements. Staff has prepared a resolution which makes the following findings:
CUP Finding 1. That the proposed location of the conditional use is consistent with the
objectives of the zoning ordinance and the purposes of the district in which the site is located.
Analysis. The C-N Neighborhood Commercial zoning district is an appropriate zone for this type
of mixed-use project. The Planning Commission did not articulate concerns over the location of
this particular land use or indicate that the Project was inconsistent with the zoning district. The
Planning Commission did express concerns over the intensity of the use - particularly related to
traffic and parking from the residential use. Staff studied this issue and determined that the site
met the parking requirements contained with the zoning ordinance and that the traffic issue
already existed and the Project would not significantly add to traffic congestion. The Project
proposes providing nine additional spaces along Camino Collegio to help alleviate parking issues
in the neighborhood. The addition of on-street parking is not required by the zoning ordinance
and by providing these nine space, the Project applicant has demonstrated a willingness to work
with the City to help alleviate neighborhood parking issues.
After reviewing the Planning Commission concerns, Staff concluded that the Project is
consistent with the neighborhood commercial zoning designation. The proposed development
would be harmonious with surrounding residential and commercial development. The
development would provide housing opportunities in a central location.
CUP Finding 2. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, and that the
operation and maintenance of the conditional use will be compatible with surrounding uses.
Analysis. The Planning Commission articulated concerns over the impact of this Project on
neighborhood traffic and parking. The concerns related to a perceived increase in traffic, a
perceived deficiency in neighborhood parking, potential hazards introduced by new driveways
accessing the Project site and noise impacts from refuse enclosures along the rear property line.
Staff reviewed these issues and concluded that any project on this site would not result in such
impacts. The proposal is not expected to exacerbate the on-street parking issues in the
neighborhood. A traffic study reveals that the site will have adequate parking. The additional
nine on-street parking space provided, above and beyond the zoning ordinance requirement,
should mitigate parking issues in the neighborhood. The Project applicant has proposed a Project
design which reduces impacts on the neighborhood as much as possible.
Staff reviewed the Planning Commission concern over driveway access into the site and
concluded that any development of this site would require a minimum of two entries in and out
of the site. Any development on this site, including other potential uses, may lead to additional
neighborhood traffic, so to prohibit development based on this justification would not be
reasonable. The Planning Commission’s concern over lack of available on-street parking in not
an appropriate reason to deny approval of the Project. Existing single family homes, apartments
ITEM NO. 10
8
and businesses already consume the on-street parking supply. The proposal increases on-street
parking supply by nine spaces.
Staff contends that the proposed residential units would be consistent with surrounding
residential uses and this contention was not refuted by the Planning Commission. As a mixed-
use project including multi-family and commercial uses, the Project will be compatible with
surrounding commercial and residential uses. The applicant has designed the Project to protect
adjacent single-family homes from adverse impact from the development as much as possible by
locating the building along Camino Colegio providing separation from the neighboring single
family homes. A masonry wall would be constructed to provide additional separation.
CUP Finding 3. The proposed conditional use will comply with each of the applicable provisions
of this title.
Analysis. The Planning Commission argued that the Project would not provide sufficient
parking. Staff studied this assertion and found it to be not valid. The Project meets the parking
requirements of the zoning ordinance and the nine additional spaces provided on Camino
Colegio would help to alleviate some of the on-street parking issues.
This development would conform to all requirements of the Municipal Code, including the
requirements of the C-N Neighborhood Zoning District including building setbacks, parking,
open space and building design.
Site Plan and Architecture Review (SPAR)
In considering the appeal, the City Council will be reviewing the Project according the following
design factors. Staff has prepared a resolution which addresses all of these findings. In denying
the Project, the Planning Commission failed to support the denial of the SPAR with sufficient
rationale, as described below:
SPAR Factor 1: That the development’s general appearance is compatible with existing
development and enhances the surrounding neighborhood.
Analysis. The Planning Commission articulated overall support for the design aesthetics of the
Project. Some Planning Commissioners suggested changes to improve the Project, such as
reorienting the building to face Camino Colegio and introducing a driveway connection onto
East Cotati, but these changes lacked a consensus. The Planning Commission expressed
appreciation to the applicant for redesigning the Project from an earlier version to address some
of the neighborhood and Planning Commission concerns. Staff reviewed the Planning
Commission concerns and determined that no changes to the Project are necessary. The proposed
development is compatible with surrounding commercial and multi-family development. The
design of the Project will provide a contemporary element in the area and will complement and
enhance the existing architecture in the area. The height and scale is consistent with the C-N
Neighborhood Commercial District.
SPAR Factor 2. That the development incorporates a variation from adjacent on-site and off-site
structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the
façade facing the street; and/or the line and pitch of the roof.
Analysis. The Planning Commission did not have concerns over the designs of the buildings and
made several favorable comments at the July 13, 2017 hearing. The design drawings of the
ITEM NO. 10
9
building elevations depict deep recesses and major articulation in the building walls and the roof
line that would reduce the bulk of the structures. The apartment units would have individual
patios enclosed by attractive planter containers. Extensive tree planting would be included in the
landscaped areas. An attractive outdoor patio would be located between the commercial
structures on East Cotati Avenue. The development would include attractive improvements on
the street frontages.
SPAR Factor 3. That the development will be located and oriented in such a manner so as to
provide pedestrian, bicycle and vehicular connections with adjacent properties, as appropriate,
and avoids indiscriminate location and orientation.
Analysis. The Project site is within walking distance of the SMART station, Sonoma State
University and a wide variety of shopping options. Bike lanes are currently provided on East
Cotati Avenue and on Camino Colegio Avenue. There is also a bike and pedestrian path along
the SMART tracks leading to other designations in the city. The Project site would provide
required bicycle parking. Project sidewalks would connect to the public sidewalk system and
new sidewalks would be added along the Project frontages – enhancing the pedestrian system for
the neighborhood.
Environmental Determination
This proposal is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) Section 15332 In-Fill Development Project Class 32 (a), (b), (c), (d) and
(e). No further action is required pertaining to environmental review.
Public Notification
A public hearing notice denoting the time, date, and location of this hearing was published in the
Community Voice on September 29, 2017.
STRATEGIC PLAN ALIGNMENT: The recommended action supports Strategic Plan Goal D
– Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: The City Council has two options:
1. Accept Appeal and approve Site Plan and Architectural Review and Conditional Use
Permit (Recommended).
2. Direct staff to bring back a resolution denying the Appeal, Site Plan and Architectural
Review, and Conditional Use Permit, or referring this matter back to the Planning
Commission for reconsideration (Not Recommended).
FISCAL IMPACT/FUNDING SOURCE: The action of approving a Conditional Use Permit
(CUP) and Site Plan and Architecture Review (SPAR) has no direct fiscal impact on the City at
this time. Cost of processing the application are paid by the applicant. If the Project is approved
by the City Council and the Project is ultimately built, the City would benefit from additional
sales and property tax revenue.
ITEM NO. 10
10
Department Head Approval Date: 9/18/2017
Finance Director Approval Date: n/a
City Attorney Approval Date: 9/27/2017
City Manager Approval Date: 09/28/2017
Attachments (list in packet assembly order):
1. Resolution 2017-122
Exhibit A Conditions of Approval
Exhibit B Planning Commission Staff Report and Attachments
Exhibit C Appeal by Applicant
2. Planning Commission Minutes, July 13, 2017
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2017-122
RESOLUTION NO. 2017-122
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, UPHOLDING AN APPEAL AND
APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN AND
ARCHITECTURAL REVIEW FOR MIXED-USE MULTI-FAMILY AND RETAIL
COMMERCIAL PROJECT LOCATED AT THE NORTHEAST CORNER OF EAST
COTATI AVENUE AND CAMINO COLEGIO AVENUE (143-340-061 AND 158-270-065)
WHEREAS, the applicant, Steven Scarpa, filed Planning Application No. PLSU17-0002
for a Conditional Use Permit and Site Plan and Architectural Review to allow a mixed-use multi-
family and retail commercial project at the northwest corner of East Cotati Avenue and Camino
Colegio Avenue (APN 143-340-061 and 158-270-065), in accordance with the City of Rohnert
Park Municipal Code;
WHEREAS, Planning Application No. PLSU17-0002 was processed in the time and
manner prescribed by State and local law;
WHEREAS, on June 22, 2017 the Planning Commission opened the public hearing and
received testimony at which time the applicant requested the hearing be continued to the July 13,
2017 meeting to allow the owner the opportunity to attend;
WHEREAS, on July 13, 2017 the Planning Commission reviewed Planning Application
No. PLSU17-0002 during a scheduled public meeting at which time interested persons again had
an opportunity to testify either in support of or opposition to the project (Planning Commission
Staff Report and Attachments, Exhibit B); and,
WHEREAS, at the July 13, 2017, Planning Commission meeting, upon hearing and
considering all testimony and arguments of all persons desiring to be heard, the Commission
considered all the facts relating to Planning Application No. PLSU17-0002 and did not approve
the Conditional Use Permit and Site Plan and Architectural Review that would allow for a
mixed-use multi-family and retail commercial project at the northwest corner of East Cotati
Avenue and Camino Colegio Avenue; and
WHEREAS, on July 21, 2017, the applicant, Steven Scarpa, filed an appeal (Exhibit C)
requesting the City Council reconsider Planning Application No. PLSU17-0002 and on August
16, requested that the hearing be held on October 10, 2017; and
WHEREAS, on October 10, 2017, the City Council considered the appeal and reviewed
Planning Application No. PLSU17-0002 during a scheduled public meeting at which time
interested persons had an opportunity to testify either in support of or opposition to the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
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2017-122
Section 2. Findings. The City Council in considering the appeal has reviewed Planning
Application No. PLSU17-0002 makes the following findings to support the approval of the
Conditional Use Permit:
A. That the proposed location of the conditional use is consistent with the objectives of
the zoning ordinance and the purposes of the district in which the site is located.
Criteria Satisfied. The C-N Neighborhood Commercial zoning district is an
appropriate zone for this type of mixed use project. The City Council has determined
that the site meets the parking requirements contained with the zoning ordinance and
that the proposed project does not result in undue impacts on the surrounding
neighborhood beyond impact anticipated by the General Plan. The project would
provide a net increase in parking over anticipated demand, and nine additional spaces
along Camino Colegio to help alleviate parking issues in the neighborhood. The
project is consistent with the neighborhood commercial zoning designation and the
proposed development would be harmonious with surrounding residential and
commercial development. The development would provide for needed housing
opportunities in a central location.
B. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity, and
that the operation and maintenance of the conditional use will be compatible with
surrounding uses.
Criteria Satisfied. As part of the project review the impact of this project on the
neighborhood was carefully considered. Particular attention was paid to neighborhood
traffic and parking issues due to concerns expressed by neighborhood residents and the
Planning Commission. The concerns are related to a perceived increase in traffic, a
perceived deficiency in neighborhood parking, perceived hazards introduced by new
driveways accessing the project site and potential noise impacts from refuse enclosures
along the rear property line. Staff reviewed these issues and concluded that any
project on this site would not result in such impacts. The proposal is not expected to
exacerbate the on-street parking issues in the neighborhood. A study completed for the
project reveals that the site will have adequate parking. The addition of nine on-street
parking space provided, above and beyond the zoning ordinance requirement, would
increase the on-street parking supply in the neighborhood. The project site has been
designed consistent with the General Plan designation for the site and is consistent
with the zoning ordinance.
Any development of the subject site would require a minimum of two entries to access
off-street parking and result in a slight increase in localized traffic. It would not be
reasonable to prohibit all development on this site in order to prevent additional
neighborhood traffic.
3
2017-122
As a mixed use project including multi-family and commercial uses, the project will
be compatible with surrounding commercial and residential uses. The developer has
designed the project to protect adjacent single-family homes from adverse impacts
from the development as much as possible by locating the buildings along Camino
Colegio - providing separation from the neighboring single family homes. A masonry
wall would be constructed to provide additional separation. The project’s commercial
uses are oriented towards East Cotati and relate well to the commercial orientation of
the East Cotati corridor.
C. The proposed conditional use will comply with each of the applicable provisions of
this title.
Criteria Satisfied. This development would conform to all requirements of the
Municipal Code, including the requirements of the C-N Neighborhood Zoning District
including building setbacks, parking, open space and building design.
Section 3. Factors Considered. The City Council in considering the appeal has reviewed
Planning Application No. PLSU17-0002 and considered the following factors to support
approval of the Site Plan and Architectural Review (SPAR):
A. That the developments general appearance is compatible with existing development
and enhances the surrounding neighborhood.
Criteria Satisfied. The proposed development is compatible with surrounding
commercial and multi-family development. The design of the project will provide a
contemporary design that will complement and enhance existing architecture in the
area. The height and scale is consistent with the C-N Neighborhood Commercial
District. The building height is consistent with multi-family structures in the area. The
majority of the buildings have been placed along Camino Colegio to shift the building
masses away from the single family homes on adjacent properties.
B. That the development incorporates a variation from adjacent on-site and off-site
structures in height, bulk, and area; arrangement on the parcel; openings or breaks in
the façade facing the street; and/or the line and pitch of the roof.
Criteria Satisfied. The building elevations depict deep recesses and major articulation
in the building walls and the roof line that would reduce the bulk of the structures.
The apartment units would have individual patios enclosed by attractive planter
containers. Extensive tree planting would be included in the landscaped areas. An
attractive outdoor patio is located between the commercial structures on East Cotati
Avenue. The development will include attractive improvements on the street
frontages.
C. That the development will be located and oriented in such a manner so as to provide
pedestrian, bicycle and vehicular connections with adjacent properties, as
appropriate, and avoids indiscriminate location and orientation.
4
2017-122
Criteria Satisfied. The project site is within walking distance of the SMART station,
Sonoma State University and a wide variety of shopping options. Bike lanes are
currently provided on East Cotati Avenue and on Camino Colegio Avenue. There is
also a bike and pedestrian path along the SMART tracks leading to other designations
in the city. The project site would provide require bicycle parking. Project sidewalks
would connect to the public sidewalk system and new sidewalks would be adding
along the project frontages which would enhancing the pedestrian system for the
neighborhood.
Section 4. Environmental Determination. This proposal is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of
the CEQA Guidelines because the project is a Class 32 In-Fill Development Project as set forth
in the criteria of subdivisions (a), (b), (c), (d) and (e). No further action is required pertaining to
environmental review.
Section 5. Appoval. The City Council does hereby uphold the appeal and approve Planning
Application No. PLSU17-0002 subject to the conditions of approval provided in Exhibit A.
DULY AND REGULARLY ADOPTED this 10th day of October, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha. Deputy City Clerk
Attachments: Exhibits A, B, and C
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
OAK #4845-7180-5520 v2 1
Exhibit A
ADOPTED PER CC RESOLUTION NO. 2017-122
Conditions of Approval
Conditional Use Permit and Site Plan and Architectural Review:
Vintage Pointe III Project
The conditions below shall apply to the Vintage Pointe III Project located at the Northeast
Corner of East Cotati Avenue and Camino Colegio Avenue.
General Conditions
1. All applicable provisions of the City of Rohnert Park Municipal Code (RPMC) are made a
part of these conditions of approval in their entirety, as if fully contained herein.
2. The violation of any condition listed herein shall constitute a nuisance and a violation of the
RPMC. In conformity with Chapter 1.16 of the RPMC, a violation of the RPMC may be an
infraction or a misdemeanor and shall be punishable as provided by law. In addition to
criminal penalties, the City may seek injunctive relief. The Applicant agrees to pay for all
attorney’s fees and costs, including, but not limited to, staff time incurred by the City in
obtaining injunctive relief against the Applicant as a result of a failure of the Applicant to
fully perform and adhere to all of the Conditions of Approval.
3. The Applicant agrees to defend, indemnify, hold harmless and release the City of Rohnert
Park, its agents, officers, attorneys and employees from any claim, action or proceedings
brought against any of the above, the purpose of which is to attack, set aside, void, or annul
the approval of this application or certification of the environmental document which
accompanies it. This indemnification obligation shall include but not be limited to, damages,
costs, expenses, attorneys’, or expert witness fees that may be asserted by any person or
entity, including the Applicant, whether or not there is concurrent passive or active
negligence on the part of the City, its agents, officers, attorneys or employees.
General Project Conditions
4. By accepting the benefits conferred under the Vintage Pointe III project, the Applicant
acknowledges all the conditions imposed and accepts the development subject to those
conditions. The use of the property by the Applicant for any activity authorized by the project
approvals shall constitute acceptance of all of the conditions and obligations imposed by the
City. The Applicant by said acceptance waives any challenges as to the validity of these
conditions.
5. The Vintage Pointe III Project shall be designed, approved and installed to be consistent with
the RPMC and the City of Rohnert Park General Plan.
6. The Site Plan and Architectural Review approval shall expire one year from the Planning
Commission approval date, unless prior to expiration a building permit is issued and
construction is commenced and diligently pursued toward completion and the use is initiated,
or an extension is requested and approved.
OAK #4845-7180-5520 v2 2
Project Design Conditions
7. All improvements shall conform to the approved site plan, exterior elevations, landscape
plan, and materials board. Any minor changes shall be reviewed and approved by staff.
8. Bicycle racks shall be provided adjacent to the access for the commercial tenants and for the
residential tenants for both short term and long term bike storage, details subject to
Development Services staff approval.
9. All roof and ground mounted mechanical equipment shall be screened from public view,
details subject to Planning and Building review.
10. Project lighting shall be reviewed and approved by planning and engineering staff and
conform to the approved plan. All exterior lighting shall be LED and designed to avoid
spillover onto adjacent properties and the public right-of-way. All lighting, reflective
surfaces, and other sources of illumination shall be utilized in a manner that minimized glare
on public streets or any other parcel. The lights shall be of a minimum illumination necessary
to perform operations and provide for safety and security. (See also Condition #27).
11. Frontage improvements along Cala Way shall be constructed all the way to the intersection
of Cala Way and Caridad Court. This includes the landscaping strip proposed between the
sidewalk and the street (if approved as part of the street design analysis). All public signage,
striping, and markings along the frontage shall be placed on the site improvement plans.
Replacement of existing markings will be required with the new street alignment.
12. A street design analysis will be required for Cala Way and Camino Colegio. The sidewalk,
landscaping strip, and parallel parking improvements proposed within the public ROW will
need to be designed in a way that does not impact traffic flow on the public roads. If the
design cannot meet City Standards, some, if not all of the improvements need to be shifted
onto the property. Any improvements placed on the property will require a public easement.
13. Landscaping along the project frontage shall be irrigated and maintained by the property
owner. Include these in the proposed irrigation plans.
14. Landscaping shall be constructed in accordance with the State’s Model Water Efficient
Landscaping Ordinance (MWELO), or in accordance with water conservation standards
which meet or exceed the requirements of the MWELO. The Applicant shall submit a
landscaping and irrigation plan that identifies landscape material types and locations,
irrigation, water usage calculations, and other information as required. The plan shall be
submitted to and reviewed and approved by the Development Services Department prior to
construction. All costs for review of the requirements of the MWELO shall be borne by the
Applicant. All landscaping and irrigation subject to the MWELO shall be substantially
complete prior to the issuance of a Certificate of Occupancy.
15. Project shall install purple pipe to accommodate recycled water for landscape uses when
available in the future. The installation shall be designed in accordance with the City of Santa
Rosa’s Recycled Water Users Guide for future connection.
16. The project shall meet the following: Regulations governing construction standards and
specifications including California Building Code Standards as amended and adopted by the
City, and all other applicable State and local regulations applicable in the City at the time of
permit application.
OAK #4845-7180-5520 v2 3
17. The landscaping shall be maintained in an attractive, weed and litter-free condition at all
times.
18. There shall be no banners, flags, sandwich boards, or other temporary signs or attraction
getting devices displayed on the property without the appropriate permit.
19. Any new trees within five (5) feet of the public right-of-way or within five (5) feet of any
paved areas within the project shall have root barriers that are approved by the City Engineer.
Public Safety Conditions
20. The project will require deferred permits for the Fire Sprinkler System, Fire Alarm System
and hood a duct fixed extinguishing system. The permit applications and fees shall be
submitted to the City of Rohnert Park Fire division prior to any construction is started on any
of these systems.
21. Key access shall be provided to the interior of businesses, including utility shut-off placed in
Fire Department lock box. Provide a new lock box as required (during site inspection).
22. Fire extinguishers shall be installed per the Fire Code.
23. Fire lanes/marking shall be reviewed during Fire Division construction inspections.
24. Illuminated exit signs shall be provided at all exits.
25. Illuminated address signs shall be provided details subject to approval of the Fire Division.
26. The adequacy of the existing fire hydrants will be verified as the project develops.
27. Operation permits: Place of Assembly may be required prior to occupancy.
28. All electrical panels and roof access ladders shall be located in a mechanical room or
enclosure.
Prior to Improvement Plan Issuance
26. All improvements shall be designed in conformance with: the City of Rohnert Park, Manual
of Standards, Details and Specifications in effect at the time of development
27. The grading plan shall be prepared by a Registered Civil Engineer, licensed in the State of
California and shall be submitted for review and approval by the City Engineer.
29. The Project benchmark shall be based on a City approved USGS benchmark.
30. An easement for public sidewalk along Camino Colegio, East Cotati, and Cala Way shall be
provided and approved for all portions along the frontage that is not in the City’s ROW.
31. All existing portions of sidewalk not up to current accessibility standards, and not up to the
City’s current standard shall be replaced.
32. The applicant shall submit a geotechnical study conducted by an engineer licensed in the
State of California and qualified to perform soils work, or a California Certified Geologist
and acceptable to the City. Recommendations shall be provided, as necessary, to prevent
damage to Project facilities and compliance with these recommendations shall be required as
a condition of development at the Project site. The grading and improvement plans shall
incorporate the recommendations of the approved geotechnical study. This geotechnical
study shall at a minimum evaluate the following:
OAK #4845-7180-5520 v2 4
a. The liquefaction potential at the Project site.
b. The location and extent of expansive soils at the Project site, including recommendations
regarding the treatment and/or remedy of on-site soils, and the structural design of
foundations and underground utilities.
c. Seismic safety including recommendations regarding the structural design of foundations
and underground utilities.
28. The improvement plans shall be prepared by a Registered Civil Engineer, licensed in the
State of California, shall be submitted for the review and approval of the City Engineer prior
to issuance of a grading permit.
38. Improvements plans shall include an erosion control (winterization) plan. The plan must
include an order of work and staging/scheduling component indicating when facilities must
be installed and when they may be removed. A separate Rain Event Action Plan (REAP)
shall be required and prepared as part of the Storm Water Pollution Prevention Plan
(SWPPP). A copy of the REAP shall be kept on-site throughout the duration of construction
activities.
33. The grading plan shall clearly show all existing survey monuments and property corners and
shall state that they shall be protected and preserved.
34. The improvement plans shall illustrate public street frontage improvements, grading, paving,
utilities, and drainage structures to be built, lighting and trash collection. The improvements
plans shall include parking lots, street and utility information including all concrete curb and
gutter, sidewalk, street lights, striping and signing, paving, water lines, storm drain lines and
sewer lines as necessary, erosion control and any necessary transitions.
35. Sidewalk warps shall be provided to allow a clear five foot walkway at all locations,
including areas where mailboxes, streetlights, street signs and fire hydrants are to be
installed.
36. Driveway entrances shall be designed to meet the requirements of the City Standards and the
City Engineer. All driveways shall be per City standards for commercial developments.
37. Street lighting shall be designed in accordance with City of Rohnert Park and PG&E
requirements. Provide a photometric lighting plan with existing lighting and proposed
lighting on all project frontage. Street light design, spacing, and locations shall be approved
by the City Engineer. Electrical service points shall be shown on the plans based on PG&E
provided locations.
38. The applicant shall submit to the City of Rohnert Park for review and approval, drainage
plans, hydrologic, and hydraulic calculations pipe sizing and storm drain plans prepared by a
Registered Civil Engineer licensed in the State of California. The drainage plans and
calculations shall indicate the following conditions before and after development:
a. A site-specific hydrology and drainage study acceptable to the City showing the increase
in storm water runoff that would result from development of the Project site.
b. Quantities of water, water flow rates, drainage areas and patterns and drainage courses.
c. Hydrology shall be per current Sonoma County Water Agency Standards.
OAK #4845-7180-5520 v2 5
39. Discharge of runoff onto pavement should be avoided.
40. No lot to lot drainage is allowed. No concentrated drainage may discharge across sidewalks.
All site drains must be connected to the public storm drain system, or discharged through the
face of curb or to an established waterway. A minimum of two curb drains will be required
to drain residential lots.
41. Plans and certifications shall demonstrate compliance of all improvements, including
building pads and finished floor elevations, with the City's Flood plain Ordinance, to the
satisfaction of the Building Official and City Engineer. Pad elevations shall be constructed at
a minimum of 1 foot above the 100-year Floodplain as determined by the City and certified
by the project engineer.
42. The improvement plans shall show backflow prevention devices in accordance with the
requirements of the City of Rohnert Park's Backflow Prevention Ordinance.
43. Each individual multifamily and/or commercial unit shall be sub-metered off a master City
water meter.
44. The improvement plans shall include a note that states "All hydrants shall be covered with
bags indicating that the hydrant is not active until flow tests are completed by the City and
the hydrants are approved."
45. A sanitary sewer application shall be submitted to the Development Services for review and
approval. Application shall indicate the type of discharge proposed.
46. Utility plans within existing or proposed public right-of-way for electric, gas, telephone,
cable and fiber optic (joint trench) shall be submitted to the City Engineer for review. All
proposed on-site utilities shall be placed underground. This does not include surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets.
47. The applicant shall secure an encroachment permit from the City prior to performing any
work within the City right of way or constructing a City facility within a City easement.
48. If the site will require import or export of dirt, the applicant shall submit in writing the
proposed haul routes for the trucks and equipment. The haul routes must be approved by the
City prior to import/export work commencing.
49. For a grading permit, the applicant shall secure an approval of a grading plan prepared by a
Registered Civil Engineer licensed in the State of California, pay all required fees and post
sufficient surety guaranteeing completion.
During Construction
50. Hours of work shall be limited to between 8 a.m. to 6 p.m. Monday through Friday. Work on
Saturday or Sunday will only be permitted with written permission from the City. Requests
for extended hours must be submitted 72 hours in advance.
51. The applicant shall be responsible to provide erosion and pollution control in accordance
with the approved plans and permits.
52. If grading is to take place between October 15 and April 15, both temporary and permanent
erosion control measures, conforming to the project erosion control plans shall be in place
OAK #4845-7180-5520 v2 6
before October 1st. Erosion control measures shall be monitored and maintained
continuously throughout the storm season.
53. The following minimum Best Management Practices (BMPs) shall be required during
construction:
a. Construction crews shall be instructed in preventing and minimizing pollution on the job.
b. Construction entrances/exits shall be stabilized to prevent tracking onto roadway.
c. Exposed slopes shall be protected from erosion through preventative measures.
d. Use brooms and shovels when possible to maintain a clean site
e. Designate a concrete washout area. Maintain washout area and dispose of concrete waste
on a regular basis.
f. Establish a vehicle storage, maintenance, and refueling area.
g. Protect drain inlets from receiving polluted storm water through the use of filters such as
fabrics, gravel bags or straw wattles.
h. Have necessary materials onsite before the rainy season.
i. Inspect all BMPs before and after each storm event. Maintain BMPs on a regular basis
and replace as necessary, through the entire course of construction.
Prior to Building Permit Issuance
54. Prior to the issuance of any sign permits, a Master Sign Program approval shall be required
by the Planning Commission. Only one monuments sign shall be permitted per property
frontage.
55. Plans submitted for a building permit shall indicate accessible units.
56. Electrical Vehicle parking shall be provided as required by the Building Code.
57. Prior to issuance of a building permit the two parcels shall be merged into a single parcel.
58. The applicant shall provide pad certifications for the site on which the building permit is
requested.
59. The applicant shall retain the existing trees along the east property line located on the
adjacent residential properties.
Prior to Occupancy
60. Plans shall be submitted for the retaining wall along the Cala Way frontage. The wall shall be
the same color as the apartment building.
61. The masonry wall shall be installed along the east property line shall be six (6) feet in height
unless a shorter wall is requested by the adjacent property owners. The color of the wall
shall match the building color.
OAK #4845-7180-5520 v2 7
62. The applicant shall have entered into the City’s standard Master Maintenance Agreement
with the City to address long term maintenance of, among other things, the stormwater
BMPs.
Prior to Site Improvement Acceptance
63. All improvements shown on the Improvement Plans shall be completed.
64. A complete set of As-Built or Record, improvement plans on the standard size sheets shall be
certified by the Civil Engineer licensed in the State of California and returned to the City
Engineer's office prior to final acceptance of the public improvement. These shall show all
constructive changes from the original plans including substantial changes in the size,
alignment, grades, etc. during construction.
65. Approved Record Drawings shall be provided to the City geo-referenced in Autocad DWG
and & PDF File formats.
66. All existing curb, gutter and sidewalk to remain shall be inspected by the City. Any curb,
gutter and sidewalk which is not in accord with City standards or is damaged before or
during construction, shall be replaced.
67. The applicant shall provide a written statement signed by his or her engineer verifying that
the grading and/or drainage improvements are completed in accordance with the plans
approved by the Sonoma County Water Agency, the City Engineer, and the Building
Official.
Exhibit B to Resolution
Exhibit C to Resolution
Attachment 2 to Staff Report
Vintage Pointe III
Commercial/Residential Mixed-Use
Appeal of Planning Commission Denial
•Conditional Use Permit
•Site Plan and Architectural Review
City of Rohnert Park
City Council
October 10, 2017
Recommend Action
Conduct a public hearing
Consider an appeal of a Planning
Commission decision to deny:
◦Mixed-use project
◦Conditional Use Permit
◦Site Plan and Architectural Review
Staff recommends:
◦Upholding the appeal
◦Approval of the Project.
Project Description
1.16 acre parcel
Corner of Camino Colegio/East Cotati
Zoned C-N Neighborhood Commercial
Proposed
◦4,200 sf
commercial/office
◦31 apartments
studio/1 bedroom
Planning Commission Action
Considered item July 13th
Motion to approve failed: 2 yes/ 3 nos
Planning Commission Concerns/Requests
◦Neighborhood traffic
◦Neighborhood parking
◦Location of garbage enclosures
◦Requested redesigns (e.g. removal of buildings
in favor of parking, addition of subterranean
parking)
Appeal
The applicant filed a appeal on July 21
Applicant maintains
◦Project is permitted under the zoning
◦Complies with all requirements
◦Prior concerns raised by PC addressed
Project significantly redesigned
Buildings shifted away from neighboring properties
Existing traffic and parking cannot be resolved by
applicant
Parking on-site is according to zoning ordinance
Trash enclosures moved away from property line
Findings -Location
Findings –Public Health Safety and
Welfare
Traffic / parking impacts pre-existing
Mixed use project should benefit
community and neighborhood
◦More housing
◦Commercial opportunities
◦New sidewalks
◦Etc.
Finding –Appearance/Compatibility
Recommendation
Staff recommends upholding the appeal
and approval of the Project.