2017/11/28 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, November 28, 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 November 28, 2017
for City Council/RPFA/CDC Successor Agency Page 2 of 6
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING
- CALL TO ORDER/ROLL CALL
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Honoring the Founder’s Day Committee for
Organizing the 2017 Founder’s Day Parade and Festival
B. Chamber of Commerce: 35th Annual Holiday Lights Celebration on Saturday,
December 2nd from 5pm-7pm
4. DEPARTMENT HEAD BRIEFING
A. Public Safety: Rohnert Park Public Safety Officers Association (RPPSOA) Santa
Sleigh Toy Drive 2017
5. PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City
business not listed on the Agenda may do so at this time. Each speaker will be allotted
three minutes. Those wishing to address the Council on any report item listed on the
Agenda should submit a “Speaker Card” to the City Clerk before announcement of
that agenda item.
6. CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s)
of the City Council and/or the Rohnert Park Financing Authority and Successor
Agency to the Community Development Commission, whichever is applicable, unless
any Council Member or anyone else interested in a consent calendar item has a
question about the item.
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, November 14,
2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated November 28, 2017
2. City- Cash Report for Month Ending September 2017
C. City Council Resolutions for Adoption:
1. 2017-135 Authorizing and Approving a Public Facilities Fee Credit
Agreement with University District LLC and Vast Oak
Properties L.P. for Keiser Avenue Design
2. 2017-136 Approving Third Amended and Restated Agreement Between
the City of Rohnert Park and Rohnert Park Disposal, Inc. for
Refuse, Recyclable Materials, Compostable Materials and
Street Sweeping Services
3. 2017-137 Approving Assignment of the Third Amended and Restated
Agreement Between the City of Rohnert Park and Rohnert
Park Disposal, Inc. for Refuse, Recyclable Materials
City of Rohnert Park Joint Regular Meeting Agenda November 28, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 6
Compostable Materials, and Street Sweeping Services
Between Rohnert Park Disposal Inc. and Recology Sonoma
Marin
4. 2017-138 Amending Resolution No. 85-30 Changing Sister Cities
Relations Committee Members’ Term of Office from Two
Years to Four Years and Adjust the Terms of Office of
Existing and Newly Appointed Members
5. 2017-140 Authorizing and Approving Amendment No. 1 to Affordable
Housing Covenant Including Deed and Pre-Completion
Transfer Restrictions By and Between the City of Rohnert
Park and Columbia Redwood Creek, LLC
D. Ordinances for Adoption:
1. No. 912 An Ordinance of the City of Rohnert Park, California,
Amending Section 17.27.050 of Chapter 17.27 (Signs) of the
Rohnert Park Municipal Code
2. No. 913 An Ordinance of the City of Rohnert Park Amending Chapter
9.70.030.E of the Rohnert Park Municipal Code (Mobile
Home Ordinance) to Provide for a Change to Rent Appeals
Board Commissioner Term of Office
E. Authorize the City Manager to Execute Task Order 2017-03 with MOE
Engineering for Engineering Design Services for the State Farm Drive
Rehabilitation Project Phase 1 (Project No. 2016-08) for an amount not to
exceed $241,250
F. Authorize the Purchase of Three Play Structures; Two for Golis Park and
One for Rainbow Park in an amount not to exceed $240,000 and Authorize
the City Manager to Execute Purchase Documents
G. Authorize the City Manager to Execute Letters of Support for Grant
Applications Filed by the Santa Rosa Plain Groundwater Sustainability
Agency
Council Motion/Roll Call Vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
7. Discussion and Direction on Single Family Rental Housing Issues
A. Staff Report
B. Public Comments
C. Council discussion/direction
8. Discussion and Direction on Disposition of Former Redevelopment Agency Bonds
and Funds
A. Staff Report
B. Public Comments
C. Council discussion/direction
City of Rohnert Park Joint Regular Meeting Agenda November 28, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 6
9. PUBLIC HEARING (NO EARLIER THAN 6PM)
INTRODUCTION OF ORDINANCE – Consideration of an Ordinance Amending
Chapter 8.30 (Commercial Cannabis Facilities, Cannabis Deliveries, and Cannabis
Cultivation) of the Rohnert Park Municipal Code and Finding the Action Exempt
Under the California Environmental Quality Act
A. Staff Report
B. Conduct Public Hearing
C. Ordinance for Introduction and Reading of Title:
1. No. 914 An Ordinance of the City of Rohnert Park, California,
Amending Rohnert Park Municipal Code Chapter 8.30
(Commercial Cannabis Facilities, Cannabis Deliveries, and
Cannabis Cultivation)
a. Council motion/discussion/roll call vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
10. PUBLIC HEARING (NO EARLIER THAN 6PM)
INTRODUCTION OF ORDINANCE – Consideration of an Ordinance Amending
Municipal Code Chapter 8.32 (Use of Tobacco and Electronic Cigarettes) to
Include Additional Regulations Related to Secondhand Smoke
A. Staff Report
B. Conduct Public Hearing
C. Ordinance for Introduction and Reading of Title:
1. No. 915 An Ordinance of the City of Rohnert Park, California,
Amending Chapter 8.32 (Tobacco and Electronic Cigarettes) of
the Rohnert Park Municipal Code
a. Council motion/discussion/roll call vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
11. PUBLIC HEARING (NO EARLIER THAN 6 PM)
Consideration of Adopting a Local Hazard Mitigation Plan
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption:
1. 2017-139 Adopting the 2017 Local Hazard Mitigation Plan
a. Council motion/discussion/vote
12. Selection of City Council Officers for 2018 – Consideration of Nomination and
Selection of Mayor and Vice Mayor
A. Selection of Mayor
Public Comments
Council motion/discussion/vote
B. Selection of Mayor Pro Tempore (Vice Mayor)
Public Comments
Council motion/discussion/vote
City of Rohnert Park Joint Regular Meeting Agenda November 28, 2017
for City Council/RPFA/CDC Successor Agency Page 5 of 6
13. 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. Chamber of Commerce (Board of Directors) (11/16)
2. Library Advisory Board (11/16)
3. Sonoma County Waste Management Agency (11/15)
4. Santa Rosa Plain Groundwater Sustainability Agency (11/20)
C. Other Reports
14. COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this
meeting. Council Members desiring to read or discuss any communication may do so
at this time. No action may be taken except to place a particular item on a future
agenda for Council consideration.
15. MATTERS FROM/FOR COUNCIL
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.
A. Council Consideration of Downtown Workshop Schedule
16. PUBLIC COMMENTS
Persons wishing to address the Council on City business not listed on the Agenda may
do so at this time. Each speaker will be allotted three minutes. Those wishing to
address the Council on any report item listed on the Agenda should submit a “Speaker
Card” to the City Clerk before announcement of that agenda item.
17. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Legal Counsel – Existing Litigation (Government Code
§54956.9(d)(1)) The Petaluma People Services Center et. al. vs. City of Rohnert
Park, et. al., United States District Court, Northern District of California, Civil
Action No. 4:17-cv-06597-KAW
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
18. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda November 28, 2017
for City Council/RPFA/CDC Successor Agency Page 6 of 6
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
November 28, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available
for review on November 22, 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 22nd day of November, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
Honoring
S HELLI C OLMENERO
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr SS hh ee ll ll ii CC oo ll mm ee nn ee rr oo ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk
CC oo mm mm uu nn ii tt yy tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee
yy ee aa rr ss ,, tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee
aa nn dd FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
L ESLIE C OURCHAINE
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr LL ee ss ll ii ee CC oo uu rr cc hh aa ii nn ee ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk
CC oo mm mm uu nn ii tt yy tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee
yy ee aa rr ss ,, tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee
aa nn dd FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
G ERARD G IUDICE
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr GG ee rr aa rr dd GG ii uu dd ii cc ee ff oo rr dd ee dd ii cc aa tt ii nn gg hh ii ss ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk
CC oo mm mm uu nn ii tt yy tt hh rr oo uu gg hh hh ii ss vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee
yy ee aa rr ss ,, tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee
aa nn dd FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
S HARI L ORENZ
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr SS hh aa rr ii LL oo rr ee nn zz ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk CC oo mm mm uu nn ii tt yy
tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee yy ee aa rr ss ,, tt hh ee
FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee aa nn dd
FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
A NNE M OGEL
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr AA nn nn ee MM oo gg ee ll ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk CC oo mm mm uu nn ii tt yy
tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee yy ee aa rr ss ,, tt hh ee
FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee aa nn dd
FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
P HYLLIS T RANSUE
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr PP hh yy ll ll ii ss TT rr aa nn ss uu ee ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk
CC oo mm mm uu nn ii tt yy tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee
yy ee aa rr ss ,, tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee
aa nn dd FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Honoring
J ENNIFER W ILTERMOOD
As a member of the 2017 Founder’s Day Committee
AA ss MM aa yy oo rr ,, aa nn dd oo nn bb ee hh aa ll ff oo ff tt hh ee CC ii tt yy CC oo uu nn cc ii ll oo ff tt hh ee CC ii tt yy oo ff RR oo hh nn ee rr tt PP aa rr kk ,, II dd oo hh ee rr ee bb yy
rr ee cc oo gg nn ii zz ee aa nn dd hh oo nn oo rr JJ ee nn nn ii ff ee rr WW ii ll tt ee rr mm oo oo dd ff oo rr dd ee dd ii cc aa tt ii nn gg hh ee rr ss ee rr vv ii cc ee tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk
CC oo mm mm uu nn ii tt yy tt hh rr oo uu gg hh hh ee rr vv oo ll uu nn tt ee ee rr ww oo rr kk ww ii tt hh tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee .. OO vv ee rr tt hh ee
yy ee aa rr ss ,, tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee hh aa ss ss uu cc cc ee ss ss ff uu ll ll yy oo rr gg aa nn ii zz ee dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy PP aa rr aa dd ee
aa nn dd FF ee ss tt ii vv aa ll ,, ww hh ii cc hh ii nn cc ll uu dd ee ss ee vv ee nn tt ss ss uu cc hh aa ss tt hh ee FF uu nn RR uu nn ,, SS hh oo ww && SS hh ii nn ee CC aa rr SS hh oo ww ,, MM rr .. LL uu cc kk yy
LL ee gg ss ,, ll ii vv ee mm uu ss ii cc aa nn dd oo tt hh ee rr ff aa mm ii ll yy ff rr ii ee nn dd ll yy aa cc tt ii vv ii tt ii ee ss .. WW ee cc oo mm mm ee nn dd tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy
CC oo mm mm ii tt tt ee ee ff oo rr tt hh ee ii rr cc oo ll ll aa bb oo rr aa tt ii vv ee ee ff ff oo rr tt ss tt oo oo nn ee oo ff RR oo hh nn ee rr tt PP aa rr kk ’’ss mm oo ss tt pp oo pp uu ll aa rr ee vv ee nn tt ss ..
WW ee dd ee ee pp ll yy aa pp pp rr ee cc ii aa tt ee the strong commitment oo ff tt hh ee FF oo uu nn dd ee rr ’’ss DD aa yy CC oo mm mm ii tt tt ee ee vv oo ll uu nn tt ee ee rr ss
aa nn dd tt hh ee ii rr pp aa ss ss ii oo nn tt oo cc oo nn tt ii nn uu ee tt hh ii ss tt rr aa dd ii tt ii oo nn aa ll cc ee ll ee bb rr aa tt ii oo nn ww ii tt hh ii nn oo uu rr cc oo mm mm uu nn ii tt yy ..
Signed this 28th day of November, 2017
By: _________________________________________
Jake Mackenzie, Mayor
Item No. 3A
Item No. 3B
Item No. 4A
Item No. 6A1
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, November 14, 2017
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the joint regular meeting to order at 5:00 pm, the notice for which being
legally noticed on November 9, 2017.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy O. Ahanotu, Councilmember
Gina Belforte, Councilmember
Joseph T. Callinan, Councilmember
Absent: None
Staff present: City Manager Jenkins, City Attorney Marchetta-Kenyon, Development Services
Director Pawson, Finance Director Howze, Human Resources Director Perrault, Public Safety
Director Masterson, Community Services and Public Works Director McArthur, Planning
Manager Beiswenger, Community Services Manager Bagley, Senior Analyst Tacata, and City
Clerk Buergler.
2. PLEDGE OF ALLEGIANCE
Led by Councilmember Belforte.
3. PRESENTATIONS
None.
4. SSU STUDENT REPORT
Isabelle Briseno, Legislative Representative, Sonoma State University (SSU) Associated
Students, Inc. (SSU ASI) reported on upcoming student events, Thanksgiving break is
Wednesday through Friday of Thanksgiving week, and affordable housing for students and
staff has been a topic of many SSU boards and committees. Ms. Briseno invited Council to
send her any input on housing that she can bring back to the SSU boards and committees.
5. DEPARTMENT HEAD BRIEFING
None.
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 7
6. PUBLIC COMMENTS
Al Barr expressed concern regarding amplified sound at the Fairview facility at the Foxtail
Golf Club, provided a brief history of the issue, and requested enforcement of the City’s
amplified sound ordinance be agendized.
ACTION: City Manager Jenkins will follow up with Mr. Barr and Councilmember
Callinan, Golf Course Oversight Committee liaison.
Peter Alexander expressed concern for various social issues such as local politicians
encouraging the public to join a lawsuit against PG&E, unions, Uber, Geoengineering Watch,
anti-gun program, oppression and corruption.
7. CONSENT CALENDAR
A. Approval of Minutes for:
1. None.
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated November 14, 2017
2. RPFA- Cash Report for Month Ending October 2017
3. Housing Successor Agency- Cash Report for Month Ending October 2017
4. Successor Agency - Cash Report for Month Ending October 2017
5. City- Cash Report for Month Ending August 2017
C. City Council Resolution for Adoption:
1. 2017-128 Approving Agreements for Non-Exclusive Temporary Construction
and Demolition Debris Box Collection Service with Industrial
Carting, Pacific Sanitation and Recology Sonoma Marin
2. 2017-129 Approving a Public Improvement Agreement for the Vast Oak East
In-Tract, Backbone and Hinebaugh Creek Trail Phase Two
Landscaping Improvements with the University District LLC and
Vast Oaks L.P. and Related Actions
3. 2017-130 Approving and Authorizing Execution of an Amendment to the
Master Maintenance Agreement with University District LLC and
Vast Oak L.P. for the Vast Oak East Development
3. 2017-131 Approving Vast Oak East Final Map Phase 2-A, Vast Oak East Final
Map Phase 2-B, Vast Oak East Final Map Phase 2-C, and Vast Oak
East Final Map Phase 2-D, and Accepting Offers of Dedication for
Public Right-Of-Way, Public Parks, Public Utility Easements, Public
Access Easements, and Drainage Easements
3. 2017-132 Authorizing the Department of Public Safety to Accept a $30,000
California Board of State and Community Corrections Funding
Allocation from the Santa Rosa Police Department and to Award the
Funds to Crossing the Jordan Community Outreach Program
3. 2017-133 Authorizing the Finance Director to Approve a Budget Amendment
for 2007R Excess Bond Proceeds
3. 2017-134 Authorizing the 2017 Manhole Rehabilitation Project No. 2017-11,
Finding the Project Exempt from CEQA, Approving and Adopting
Plans and Specifications, Authorizing the Finance Director to
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 7
Increase Appropriations for the Project and Awarding the Contract to
H&R Plumbing and Drain Cleaning, Inc.
D. Authorize the City Manager to Execute Task Order 2017-03 with Dudek for Design and
Environmental Services for the Trail to Crane Creek Regional Park (Project 2007-19) for
$160,000
E. Authorize the City Manager to Execute Task Order 2017-02 with LCA Architects for
Construction Management Services
ACTION: Moved/seconded (Belforte/Stafford) to approve the Consent Calendar.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
8. Update on Form Based Code Downtown Charrette
Planning Manager Beiswenger and Stefan Pellegrini, Principal of Opticos Design, presented
the item. Recommended Action(s): Receive report and provide comment on the
recommendations from the Downtown Design Charrette.
Public Comments: Teri Shore, Greenbelt Alliance.
ACTION: By Consensus (none opposed), City Council directed staff to schedule
workshops regarding the downtown design and continue development of a
form-based code.
Recessed 6:56 pm
Reconvened 7:04 pm
9. Discussion and Direction on Retail Attraction Project
Assistant City Manager Schwartz; Susan Barnes, Management Advisor with Management
Partners; and Christine Walker, Founder of Design Guild presented the item. Recommended
Action(s): Provide feedback to staff and consultants on materials under development for the
project to attract retail businesses to the City.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council directed staff to move forward.
10. Discussion and Direction on an Amendment to the Franchise Agreement with Rohnert
Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping,
including a Rate Increase
Assistant City Manager Schwartz; Carrie Baxter, Senior Project Analyst with R3 Consulting
Group; and William Schoen, Principal with R3 Consulting Group, presented the item. Fred
Stemmler, General Manager of Recology Sonoma Marin, answered Council’s questions.
Recommended Action(s): Direct staff to proceed with the proposed recommendations for
contract changes.
Public Comments: Meghan Butler, Recology.
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 7
ACTION: By Consensus (none opposed), City Council directed staff to move forward
with the Recommended Action.
11. Discussion and Direction on Assignment of the Franchise Agreement with Rohnert
Park Disposal for Refuse, Recycling, Compost Materials, and Street Sweeping to
Recology Sonoma Marin
Assistant City Manager Schwartz and Carrie Baxter, Senior Project Analyst with R3
Consulting Group; and William Schoen, Principal with R3 Consulting Group presented the
item. Recommended Action(s): Direct staff to proceed with the proposed assignment of
agreement.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council directed staff to move forward
with the Recommended Action.
12. Consideration of Options for a Potential Future Skate Park
Community Services and Public Works Director McArthur presented the item. Community
Services Manager Bagley answered Council questions. Recommended Action(s): Select the
Community Center Complex vacant lot east of the Performing Arts Center as the future skate
park location.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council directed staff to not move
forward with further consideration of skate park options.
13. Discussion and Direction Regarding Bocce Courts at the Community Center
Community Services and Public Works Director McArthur and Community Services
Manager Bagley presented the item. Recommended Action(s): Install two, uncovered bocce
ball courts placed at the northwest end of the Sports Center lawn with an oyster shell surface
and consider funding along with other priority when developing the budget for next fiscal
year.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council directed staff to move forward
with the Recommended Action.
14. Consideration of Benicia Park Little League Field Naming
City Manager Jenkins presented the item. Recommended Action(s): Consider request to
name the Little League Baseball Field in Benicia Park “Rogers Field” in recognition of
Jimmie W. Rogers. The Council should determine if the protocols use of the term “facility”
is intended to apply to sports fields. If so, the Council should follow the protocols. If not, the
Council could grant the request by minute order tonight or it could refer the item to the Park
and Recreation Commission for their recommendation.
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 7
Public Comments: None.
ACTION: Moved/seconded (Callinan/Stafford) directed staff to move forward with
naming the Little League Baseball Field in Benicia Park “Rogers Field” in
recognition of Jimmie W. Rogers.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
15. PUBLIC HEARING (NO EARLIER THAN 6PM – (Noticed on 11/3/2017)
Consideration of an Ordinance Amending Chapter 17.27 Signs of the Zoning
Ordinance under Title 17 of the Rohnert Park Municipal Code
Director of Development Services Pawson presented the item. Recommended Action(s):
Conduct a Public Hearing and introduce Ordinance 912.
Hearing Opened 8:59 p.m.
Public Comments: None.
Hearing Closed 8:59 p.m.
ACTION: By Consensus (none opposed), City Council directed staff to research a future
amendment to include sign locations on the north side of the City.
ACTION: Moved/seconded (Callinan/Stafford) to waive full reading and introduce
Ordinance 912 an Ordinance of the City of Rohnert Park, California,
Amending Section 17.27.050 of Chapter 17.27 (Signs) of the Rohnert Park
Municipal Code. Title read by Mayor Mackenzie.
Motion carried by the following unanimous roll call 5-0 vote: AYES:
Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None,
ABSTAINS: None, ABSENT: None.
16. INTRODUCTION OF ORDINANCE – Consideration of Adjustments to Rohnert Park
Municipal Code Chapter 9.70, Mobile Home Ordinance, Changing the Term of Office
for Commissioners from Two Years to Four Years and Extending the Terms of Office
of Existing Commissioners
City Clerk Buergler presented the item. Recommended Action(s): Introduction of Ordinance
– Consideration of Amendments to Rohnert Park Municipal Code Chapter 9.70, Mobile
Home Ordinance, Changing the Term of Office for Commissioners from Two Years to Four
Years and Extending the Terms of Office of Existing Commissioners.
Public Comments: None.
ACTION: Moved/seconded (Belforte/Stafford) to waive full reading and introduce
Ordinance 913 an Ordinance of the City of Rohnert Park Amending Chapter
9.70.030.E of the Rohnert Park Municipal Code (Mobile Home Ordinance) to
Provide for a Change to Rent Appeals Board Commissioners’ Term of Office.
Title read by Mayor Mackenzie.
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 7
Motion carried by the following unanimous roll call 5-0 vote: AYES:
Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None,
ABSTAINS: None, ABSENT: None.
17. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
None.
B. Liaison Reports
1. Water Advisory Committee (11/6)
Mayor Mackenzie reported he attended the meeting.
2. Sonoma Clean Power (11/9)
Councilmember Belforte reported she attended the meeting.
3. Sonoma County Transportation Authority (SCTA) (11/13)
Mayor Mackenzie requested the City Manager Jenkins and Development Services
Director Pawson review the November 13, 2017, SCTA Item Next steps for RCPA
climate action to evaluate recommending Council consideration of a resolution
reaffirming intent to reduce greenhouse gas emissions as part of a coordinated effort
through the Sonoma County Regional Climate Protection Authority and to adopt local
implementation measure as identified in Climate Action 2020.
C. Other Reports
None.
18. COMMUNICATIONS
Councilmember Belforte received communications including pictures regarding loitering and
garbage left behind at the Senior Center.
ACTION: By Consensus (none opposed), City Council directed staff to report back to
Council.
A. Recommendation from Parks & Recreation Commission Regarding Oak Grove
Park Dedication
ACTION: By Consensus (none opposed), City Council directed staff to notify the Parks
and Recreation Commission of the process which requires the Commission to
hold a Public Hearing to consider naming the park Griffin’s Grove and
resubmit the request to City Council.
19. MATTERS FROM/FOR COUNCIL
Mayor Mackenzie reported he met with Sonoma State University Faculty Senate. Dispatch
for the University will be conducted by the City of Cotati. Housing is a concern for the
University. An Education Committee meeting will be scheduled.
City of Rohnert Park Joint Regular Meeting Minutes November 14, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 7
A. Discuss Meeting Schedule for the Week of December 25, 2017
ACTION: Moved/seconded (Stafford/Callinan) to cancel the December 26, 2017,
Regular City Council Meeting.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
20. PUBLIC COMMENTS
None.
21. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 9:11 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
Item No. 6B1
Item No. 6B2
ITEM NO. 6C1
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Approving a Public Facilities Fee Credit Agreement with University
District LLC and Vast Oaks LP for Keiser Avenue Design
RECOMMENDED ACTION: Adopt a Resolution approving a Public Facilities Fee Credit
Agreement with University District LLC and Vast Oaks LP for the design of Keiser Avenue and
finding the action exempt under the California Environmental Quality Act
BACKGROUND: The City has entered into a Development Agreement with the University
District LLC and Vast Oak Properties L.P. (“Developer”) to facilitate the orderly development of
the area known as the University District Specific Plan Area. The Development Agreement
requires the Developer to construct improvements to Keiser Avenue, but allows the City to
resume responsibility for all or a portion of the construction, provided the Developer funds the
city’s work. The Development Agreement also provides that Developer is required to receive
credits against any Public Facilities Financing Plan (PFFP) fees for full amount of the cost to
complete improvements, such as Keiser Avenue, that are included in the PFFP.
In order to ensure timely construction of the 218-unit affordable housing complex located within
the University District, the City and Developer have agreed that would be helpful if the City
designed and constructed the portion of the Keiser Avenue improvements from Snyder Lane to
Kerry Road. The City Council approved this project, as part of its Fiscal Year 2017-18 Capital
Improvement Program, with a budget of $1,332,615. Council has also approved retaining a
consultant to perform the design work and the Developer has deposited $1,332,615 with the City
to cover the costs of this work. The purpose of the proposed Agreement is to recognize the
prepayment of Public Facilities Fees, the credit due to Developer and the applicability and
transferability of these Public Facilities Fee Credits.
ANALYSIS: The current Public Facilities (“PF”) Fee for the University District Specific Plan
Area is approximately $32,500 per single family dwelling unit. The Developer’s prepayment of
approximately $1.3 million would fully cover the fees for approximately 40 dwelling units. The
proposed Agreement will facilitate the administration of the fee credits and includes the
following terms.
1. The maximum credit will be $1,332,615 consistent with the required prepayment amount.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6C1
2
2. PF Fee credits will only apply to the Vast Oak East portion of the University District,
which is defined as the “Property” in Section 2 of the proposed Agreement, “Property
Subject to the Agreement”.
3. The City will track the PF Fee Credit balance as building permits are pulled.
4. The Developer may, with the City’s consent, transfer PF Fee Credits to other builders
within the Property.
5. The PF Fee Credits will expire when the available balance is $0.00.
6. Should the Developer default, the City will hold any available PF Fee Credit balance for
the benefit of the Property.
ENVIRONMENTAL ANALYSIS: When it adopted the current Public Facilities Finance Plan
and Public Facilities Fee Schedule, the City Council found the action categorically exempt from
environmental review pursuant to the California Environmental Quality Act guidelines section
15061(b)(3). This finding was made because the PF Fee program, which is a mitigation fee
program, provides a mechanism for mitigating potential environmental impacts. The proposed
Agreement, which is an implementation tool for administering the PF Fee Program, is
categorically exempt pursuant to the same exemption.
The prepaid fees are funding design, environmental review and permitting of a portion of the
Keiser Avenue Reconstruction Project. Construction of this project will be consistent with the
approved University District Specific Plan Environmental Impact Report.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. The recommended action implements the requirements of
the Development Agreement between the City, University District LLC and Vast Oaks LP.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is to recognize the
$1,332,615 prepayment of Public Facilities Fees from the Developer, which has provided the
City with cash flow funding for the Keiser Avenue reconstruction project.
Department Head Approval Date: 10/31/2017
City Attorney Approval Date: 11/7/2013
Finance Director Approval Date: NA
City Manager Approval Date: 11/15/201
Attachments
1. Resolution Approving a Public Facilities Fee Credit Agreement with University
District LLC and Vast Oak Properties L.P. and Finding the Action Exempt Under the
California Environmental Quality Act
2. Exhibit A to Resolution – Public Facilities Fee Credit Agreement with University
District LLC and Vast Oak Properties L.P.
3. Agreement Exhibit 1 – Property Subject to Agreement
RESOLUTION NO. 2017-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A PUBLIC FACILITIES FEE CREDIT
AGREEMENT WITH UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES
L.P.
WHEREAS, on November 22, 2011, the City Council of the City of Rohnert Park
(“City”) adopted Resolution No 2011-112 updating its Public Facilities Fees and finding this
action Categorically Exempt under the California Environmental Quality Act; and
WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted
Ordinance Number 878 approving a Development Agreement (“Development Agreement”)
between the City of Rohnert Park and Vast Oak Properties L.P. and the University District LLC
(“Developer”); and
WHEREAS, the Development Agreement requires the Developer to undertake the Keiser
Avenue Reconstruction Project, but also allows the City to undertake all or a portion of this
project, provided that the Developer funds the City’s activities; and
WHEREAS, Developer and City have agreed that it is desirable for the City to
undertake the design and construction of a portion of the Keiser Avenue Reconstruction Project
and the Developer has deposited $1,332,615 with the City to cover the costs of the design work;
and
WHEREAS, the Keiser Avenue Reconstruction Project is included in the City’s Public
Facilities Finance Plan and costs associated with this project are eligible for fee credits in
accordance with the Development Agreement; and
WHEREAS, the City and Developer desire to enter into a Public Facilities Fee Credit
Agreement to recognize the prepayment of Public Facilities Fees, the Public Facilities Fee
Credits due to Developer and the applicability and transferability of these Public Facilities Fee
Credits only to development of the project as described in the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council of the City of Rohnert Park finds that this action is categorically
exempt from environmental review pursuant to California Environmental Quality Act guidelines
section 15061(b)(3) because the payment of Public Facilities Fees provides a means of mitigating
environmental impacts which have been identified in other environmental analyses including the
General Plan EIR.
BE IT FUTHER RESOLVED that the City Council does hereby authorize and approve
the Public Facilities Fee Credit Agreement with University District LLC and Vast Oak Properties
L.P. attached as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Public Facilities Fee Credit Agreement, in substantially similar form to that
2
2017-135
agreement attached hereto and incorporated by this reference as Exhibit A, subject to minor
modification by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and
directed to take all actions necessary to effectuate the intent of the Agreement.
DULY AND REGULARLY ADOPTED this 28th day of November, 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: ( )
Resolution Exhibit A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928-2486
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
PUBLIC FACILITIES FEE CREDIT AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK
AND UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P.
THIS PUBLIC FACILITIES FEE CREDIT AGREEMENT (the "Agreement") is made and
entered into on this ______ day of ______________ 2017 (the "Effective Date") by and between
UNIVERSITY DISTRICT LLC, a Delaware limited liability corporation (“University District”), VAST
OAK PROPERTIES L.P., a California limited partnership ("Vast Oak"), and the CITY OF ROHNERT
PARK, a California municipal corporation ("City"), with reference to the following facts and intentions.
University District and Vast Oak are collectively referred to herein as “Developer.”
R E C I T A L S
A. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance
No. 878 approving an Amended and Restated Development Agreement with the Developer recorded in
the Official Records of Sonoma County as Document No. 2014051817 (the “Development
Agreement”).
B. The Development Agreement requires that the Developer construction certain roadway
improvements, including improvements to Keiser Avenue.
C. The Development Agreement also gives the City the option to construct certain offsite
improvements, including Keiser Avenue, provided that the Developer fund these activities.
D. Improvements to Keiser Avenue are included in the City’s Public Facilities Finance
Plan (“PFFP”). The Development Agreement provides that Developer is entitled to receive credits
against any Public Facilities Financing Plan fees, for any Keiser Avenue costs that it funds.
E. The Developer and City agree that, in order to advance portions of the University
District Development, including the affordable housing complex, it is desirable for the City construct
the portion of Keiser between Snyder Lane and Kerry Road, with funding from the Developer, a portion
of which has been provided.
F. City and Developer desire to enter into an agreement regarding Developer’s
prepayment of PFFP fees associated with the design and construction of Keiser Avenue.
A G R E E M E N T
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions
set forth in this Agreement, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby
incorporated into and form a material part of this Agreement.
2. Property Subject to Agreement. The property which is the subject of this Agreement
(“Property”) is located in the City of Rohnert Park, Sonoma County, California, and is described in
Exhibit 1, attached hereto and incorporated by this reference. The Property is only a portion of the real
property subject to the Development Agreement. The City has approved the development of residential
subdivision on the Property (the “Project”).
3. Public Facilities Fee Credit.
3.1. Source and Method of Credit. Subject to the limitations set forth in this
Section 3, Developer, or any subsequent developer of the Property, shall receive PFFP Credits for
payments received towards the design and construction of the Keiser Avenue in an amount not to
exceed $1,3XX, XXX, based on amounts previously deposited with the City.
3.2 Implementation of Public Facilities Fee Credit. The PFFP Credits shall
be applied against the Public Facilities Fees that would otherwise be applicable to the Project,
as the result of construction on the Property. Developer shall be entitled to receive PFFP
Credits at the time of issuance of building permits for construction on the Property. The City
shall keep an accounting of the balance of PFFP Credits based upon the total prepayment
received from Developer and the credits applied to building permits on the Property. The PFFP
Credits shall run with the land and may be credited only for development of the Project on the
Property, provided that Developer may allocate the use of the PFFP Credits among components
of the Project. Developer may authorize the assignment of all or portions of the PFFP Credit
balance in writing, with the consent of the City, provided that PFFP Credits may not be
assigned outside the boundaries of the Property and the PFFP Credits are fully utilized on the
development of the Property. Developer acknowledges and agrees that payment of the PFFP
Credits is limited to the development of the Property and not the entire real property described
in the Development Agreement.
3.3 Expiration of Public Facilities Fee Credit. The Public Facilities Fee
Credit reflects prepayment by the Developer of Public Facilities Fees that would otherwise be
due at the time building permits are issued for structures on the Property. City’s obligation to
extend credits shall expire upon the available balance reaching $0.00.
4. Community Facilities District; Intent to Reimburse. City and Developer
acknowledge that the California Statewide Communities Development Authority has formed a
Community Facilities District that includes the Property. Payment of Public Facilities Fees is
potentially eligible for funding through a Community Facilities District and Developer's costs
may be reimbursed with the proceeds of Community Facilities District bonds at some future
date.
5. Breach of Agreement; Remedies.
5.1. Notice of Breach and Default. The occurrence of any of the following
constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete payment in accordance with the payment
schedule.
(2) Developer assigns the Agreement without the prior written consent of City.
(3) Developer assigns all or a portion of the PFFP Credit balance without the prior
written consent of the City.
(4) Developer is adjudged bankrupt or makes a general assignment for the benefit
of creditors, or a receiver is appointed in the event of Developer's insolvency.
(5) Developer or Developer's contractors, subcontractors, agents, employees or
assignees, fail to comply with any terms or conditions of this Agreement.
The City may serve written notice of breach and default upon Developer.
5.2. Remedies. Should the Developer breach this Agreement, City’s remedy shall
be to hold all available credits for prepaid funds received under this Agreement for the benefit of the
Property. No failure on the part of City to exercise any right or remedy hereunder shall operate as a
waiver of any other right or remedy that City may have hereunder.
6. Miscellaneous.
6.1 Compliance with Laws. Developer shall fully comply with all federal, state
and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at
its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary
notices, pay all fees and taxes required by law and make any and all deposits legally required by those
public utilities that will serve the development on the Property. Copies and/or proof of payment of
said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City
Engineer upon request.
6.2. Notices. Formal written notices, demands, correspondence and
communications between City and Developer shall be sufficiently given if: (a) personally delivered;
or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of
City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if
dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below.
Such written notices, demands, correspondence and communications may be sent in the same manner
to such persons and addresses as either party may from time-to-time designate by next day delivery or
by mail as provided in this section.
City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Manager
with a copy to: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Attorney
Developer: University District LLC
500 La Gonda Way, Ste. 100
Danville, CA 94526
Attn: Mr. Kevin Pohlson
Vast Oak Properties L.P.
c/o Quaker Hill Development Corp.
P.O. Box 2240
Healdsburg, CA 95448
Attn: Ms. Diane Anderson
Notices delivered by deposit in the United States mail as provided above shall be deemed to have
been served two (2) business days after the date of deposit if addressed to an address within the State
of California, and three (3) business days if addressed to an address within the United States but
outside the State of California.
6.3 Attorney Fees. Should any legal action or arbitration be brought by either party
because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing
party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other
costs as may be determined by the court or arbitrator.
6.4. Entire Agreement. The terms and conditions of this Agreement constitute the
entire agreement between City and Developer with respect to the matters addressed in this
Agreement. This Agreement may not be altered, amended or modified without the written consent of
both parties hereto.
6.5. Runs with the Land; Recordation. This Agreement pertains to and shall run
with the Property. Upon execution, this Agreement shall be recorded in the Official Records of
Sonoma County.
6.6. Transfers; Assignments. Developer may assign its obligations under this
Agreement to successor owner(s) of the Property with the prior written approval of the City. In
connection with any such assignment, Developer and its assignee shall execute and deliver to City a
written assignment and assumption agreement in a form acceptable to the City Attorney.
6.7. Time is of the Essence. Time is of the essence of this Agreement and of each
and every term and condition hereof.
6.8. Severability. If any provision of this Agreement is held, to any extent, invalid,
the remainder of this Agreement shall not be affected, except as necessarily required by the invalid
provision, and shall remain in full force and effect.
6.9. Waiver or Modification. Any waiver or modification of the provisions of
this Agreement must be in writing and signed by the authorized representative(s) of each Party.
6.10. Relationship of the Parties. Neither Developer nor Developer's contractors,
subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of
City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an
independent contractor. Developer’s contractors and subcontractors are exclusively and solely under
the control and dominion of Developer. Further, there are no intended third party beneficiaries of any
right or obligation assumed by the Parties.
6.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and
conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties
hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of
any portion of the Property unless this Agreement has been assigned pursuant to Section 6.6, in which
event this Agreement shall remain binding upon Developer.
6.12. Governing Law; Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California, without reference to choice of law provisions.
Any legal actions under this Agreement shall be brought only in the Superior Court of the County of
Sonoma, State of California.
6.13. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
6.14. Interpretation. This Agreement shall be construed according to its fair
meaning, and not strictly for or against any party. No presumptions or rules of interpretation
based upon the identity of the party preparing or drafting the Agreement, or any part thereof,
shall apply to the interpretation of this Agreement.
6.15. Headings. Section headings in this Agreement are for convenience only and are
not intended to be used in interpreting or construing the terms, covenants or conditions contained in
this Agreement.
6.16. Authority. Each party executing this Agreement on behalf of a party represents
and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports
to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or
trustee has full right and authority to enter into this Agreement and perform all of its obligations
hereunder.
6.17 Joint and Several Liability. University District and Vast Oak agree to and shall
be jointly and severally liable for all obligations of Developer under this Agreement.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective
Date.
(signatures on following page)
"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Dated: By:
City Manager
Per Resolution No. 2017-____ adopted by the Rohnert Park
City Council at its meeting of November 28, 2017.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
"DEVELOPER"
University District LLC,
________________________________________
By:
Kevin Pohlson
Vice President
By:_________________________________
Gregory Glenn
Chief Financial Officer
Vast Oak Properties L.P.
________________________________________
By:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
85
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PARCEL C
PARCEL A PARCEL B
47
600
PARCEL D
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65 10610564
PARCEL C
PARCEL A PARCEL B
47
600
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343 340 337358 334355 331352 328349346
356 332351 327350345344339338357333
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396 404388399 412
400 403 411387395
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426 427
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PARCEL D
9 15 21 27 33 39
14 20 26 32 3885
4 10
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16
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28 34
35 41
40
25 30 3112 3613 3718 42192467 43
44
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1
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PARCEL C
600
PARCEL A
425 428
421
422
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14 20 26 32 3885
4 10
11 17
16
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29
28 34
35 41
40
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44
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420381
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123123
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298
210
190
183
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160 161
234
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343 340 337358 334355 331352 328349346
356 332351 327350345344339338357333
374
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VAST OAK EAST - COMMERCIAL SITE
PFFP FEE CREDITS
ITEM NO. 6C2
1
Meeting Date: November 28, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Amendment to the Franchise Agreement with Rohnert Park Disposal
for Refuse, Recycling, Compost Materials, and Street Sweeping,
including a Rate Increase
RECOMMENDED ACTION: Approve resolution authorizing a contract amendment and a
rate increase for the City’s current franchise agreement with Rohnert Park Disposal, Inc.
(“RPD”) for Refuse, Recycling, Compost Materials, and Street Sweeping.
The proposed amendment implements a rate increase in accordance with current contractual
requirements as supported by a detailed rate review.
BACKGROUND: The City Council discussed the recommendation at the November 14, 2017
City Council meeting and directed staff to proceed with this formal recommendation and
contract for approval.
The City entered into a franchise agreement with RPD for a variety of solid waste hauling and
other services in 2001. This contract has been amended and restated numerous times since then
to, among other things, extend the term, add portable toilet service at City parks, require road
impact mitigation to the City, require RPD to accept billing and rate setting responsibilities, and
implement a methodology for rate adjustments. The most recent amendment took effect on
January 1, 2013. The current contract with RPD expires on June 30, 2020. There is an option for
a five-year extension if requested by RPD and if the City determines RPD is in compliance with
the minimum performance and diversion requirements in the contract.
Proposed changes to the contract have been necessitated by several factors. Since the last
amendment, the City’s need for services has changed. Additionally, there have been considerable
changes in solid waste management in the county which affect the City and this contract. Also,
the current contract allows for RPD to request a detailed review of rates every three years, which
was recently completed. Each of these factors is reflected in the proposed contract amendments.
A solid waste consulting firm, R3 Consulting Group, Inc., has provided staff with substantial
technical assistance in developing this amendment.
One of the most recent developments is that Recology, Inc. intends to purchase the assets of
RPD, and has requested that the City assign the contract to them. Staff and consultants have
analyzed that request and are recommending approval in a separate agenda item. In anticipation
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6C2
2
of that possibility, staff has consulted with RPD and Recology, Inc. on the proposed contract
changes.
ANALYSIS: The key proposed changes include the following:
1. Battery collection and recycling: Residents may drop off batteries at a variety of City
locations. Currently, Rohnert Park Disposal collects the batteries and delivers them to the
City’s Corporation Yard, where they are stored until picked up for transportation to a
recycling facility by another hauler.
The proposed changes would eliminate the delivery and storage of batteries at the
Corporation Yard. RPD would collect the batteries and transport them for recycling to an
appropriate hazardous waste facility, such as the site operated under contract by the
Sonoma County Waste Management Agency at the Central Landfill.
2. Street sweeping: The contract currently requires street sweeping to occur weekly. Some
parts of the City could benefit from more frequent sweeping, particularly in the fall. The
proposed changes would allow for that. The changes also alter the sweeping schedule so
that sweeping will occur the day after garbage is picked up, which should be more
effective.
Additionally, the debris from street sweeping is currently dropped off at the City’s
Corporation Yard, which is not an ideal site for a variety of reasons. The proposed
contract changes would eliminate the use of the Yard for this purpose, with the debris
hauled directly to the Central Landfill. Because of the additional travel time, RPD would
need to add sweeper capacity, which will result in a 0.69% rate increase.
3. Public education funding: The contract currently includes a requirement that the City
budget $25,000 for public education; the proposed amendment removes this requirement.
Staff believes public education is sufficient without this funding.
4. Service at City facilities and events: The current contract includes the provision of
portable toilets at the City parks. This service will be eliminated as the City re-opens our
park restrooms. Additionally, service at City cans in parks will increase from two to three
times per week, including adding sites for pick-up, and updating the schedule of City
events to include the Second Sunday Fun Series and the Farmers Market.
5. Replacing Vehicles: The proposed amendment requires that the contractor’s vehicles that
serve Rohnert Park be replaced with new vehicles by December 31, 2018. Existing
vehicles have largely reached the end of their useful life.
The rate review, outlined in more detail in item 7 below, was predicated on replacing the
existing split-body trucks with new split-body trucks, and not making any changes to
residential routing. If the vehicle types are changed, there may be a difference in cost of
services going forward, effects on residential routing, and a greater impact on the City’s
roads by increasing the number of stops at each residential account from 2 times per
week to 3 times per week. Non-split body trucks (i) have a lower capital cost and lower
operating cost, and (ii) allow for greater maximum load weights and efficiency in route
collection (more collections per route).
ITEM NO. 6C2
3
6. New Services: The proposed changes would require that RPD collect source separated
food waste from commercial businesses and multifamily residential dwellings. This is a
service required to comply with AB 1826 and with the City’s commitments under the
Waste Delivery Agreement with Republic Services of Sonoma County, Inc. (“Republic”).
The current contract only requires collection of compostable green materials.
RPD will also be required to process dry mixed waste from commercial businesses,
which involves separating mixed recyclables from refuse with the intention of diversion
prior to disposal in the landfill. This change also addresses a commitment under the
City’s Waste Delivery Agreement with Republic, now that the pre-requisite processing
facility began operating in July 2017.
7. Rate Increase: The current contract allows for an annual rate adjustment based on the
percentage change in the annual average of the refuse rate index numbers including labor,
fuel, vehicle replacement, vehicle maintenance, processing and disposal fees, and
consumer price index. Additionally, it allows RPD to request a detailed review of rates
every three years, whereby all costs of service are reviewed. RPD requested and the City
(via R3 Consulting) recently completed the rate review.
The review found that a rate increase is justified based on the actual costs of operations
and the need to replace existing vehicles; of the 19.33% increase, 8% is due to the
replacement of vehicles. Current rates have been outpaced by increasing operating costs
and fees.
The increase is based on a clear and well-organized rate application, with generally
reasonable assumptions and projections. R3 carefully reviewed the materials and data,
and recommended a lower increase than initially requested. Because the contract allows
for an increase after such review every three years, the increase is required by the
contract and is not discretionary. Should the contractor not replace all of its vehicles, the
City will impose liquidated damages under the contract.
The proposed rate increase includes an additional 0.69% increase to allow for additional
time needed for changes in street sweeping practices as a result of stricter regulatory
requirements. The total proposed increase is 20.02%, with details shown in Table 1
below. Even with the proposed increases, rates for Rohnert Park would be below average
when compared with other local jurisdictions, as set forth in Table 2.
Table 1 below illustrates the dollar amount of the increase for different sizes of garbage
cans. Table 2 compares the proposed higher rates with those of other local cities,
including Santa Rosa and Windsor, which have recently approved new waste disposal
contracts after competitive procurements.
ITEM NO. 6C2
4
TABLE 1
CURRENT VS PROPOSED RESIDENTIAL RATE COMPARISON
Cart Size (gal) 20 32 68 95
Rohnert Park Current Rate $ 8.71 $ 15.95 $ 24.93 $ 38.90
Rohnert Park Proposed Rate $10.45 $19.15 $29.92 $46.69
Percent of Residential Accounts 13 % 40 % 40 % 7 %
Rate difference +$ 1.74
(+ 20.02%)
+$ 3.20
(+ 20.02 %)
+$ 4.99
(+ 20.02%)
+ $7.79
(+ 20.02 %)
TABLE 2
CURRENT VS PROPOSED REGIONAL RATE COMPARISON
JURISDICTION EFFECTIVE DATE 20-GAL 32-GAL 64*/68-GAL 95/96**-GAL
Rohnert Park
Proposed Rate
TBD-Council
Approval $10.45 $19.15 $29.92 $46.69
Cloverdale 10/1/2016 $15.72 $21.33 $33.26 $43.46
Cotati 4/1/2016 $9.80 $13.76 $36.08 $55.61
Healdsburg 4/1/2016 $11.28 $15.06 $21.73 $29.69
Novato Sanitary District 1/1/2016 $12.21 $19.53 $39.03 $58.57
Petaluma 7/1/2017 $9.75 $17.26 $32.73 $53.99
Rohnert Park (Current) 4/1/2017 $8.71 $15.95 $24.93 $38.90
Santa Rosa 1/1/2018 $ 23.56 $ 27.05 $ 41.11 $ 64.77
Sebastopol 4/1/2016 $11.37 $19.81 $35.85 $59.95
Windsor Rate 10/1/2017 $17.88 $24.00 $38.00 $59.00
Average $13.36 $19.31 $33.64 $51.55
Proposed Rohnert Park
vs. Average -21.8% -0.8% -11.0% -9.4%
The proposed amendment also includes a variety of other changes which are more administrative
in nature. For example, the changes ensure that this contract conforms with existing agreements
ITEM NO. 6C2
5
and arrangements with Republic and the County to deliver solid waste to the Central Landfill,
and re-organizes the contract to make it easier to work with.
ALIGNMENT WITH STRATEGIC PLAN: Providing solid waste services is a core City
service. The new contract will improve the level of service, consistent with the Strategic Plan
goal of ensuring the effective delivery of public services.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends that the City Council approve the proposed
recommendations for contract changes. The changes will improve services (such as
increased service at City facilities), help ensure environmental compliance (such as with
better street sweeping practices), and ensure the City complies with relevant contractual
requirements (as with the rate increases).
2. Alternative: Staff considered numerous alternative changes to the existing contract, but
did not recommend them because the recommended changes best meet the City’s service
needs and legal requirements.
FISCAL IMPACT/FUNDING SOURCE: The increased rates will result in increased revenue
for the hauling services. The City receives a percentage of the revenue as franchise fees, which
was approximately $1.6 million in 2016. An increase in rates will increase those fees by
approximately $330,000/year.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: November 20, 2017
City Manager Approval Date: November 20, 2017
Attachments (list in packet assembly order):
1. Resolution
2. Amended contract
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2017-136
RESOLUTION NO. 2017-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THIRD AMENDED AND RESTATED AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INC. FOR REFUSE,
RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING
SERVICES
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public
health and safety by taking measures in furtherance of their authority over police and sanitary
matters;
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (California Public Resources Code, section 40000 et
seq.) (the “Act”), has declared that it is in the public interest to authorize and require local agencies
to make adequate provisions for refuse handling within their jurisdiction;
WHEREAS, under Section 8.12 of the Rohnert Park Municipal Code, the City of Rohnert
Park (“City”) has the authority to provide for and otherwise regulate the collection and
transportation of refuse, recyclable materials, and compostable materials, including permitting of
self-hauling of such materials by its citizens;
WHEREAS, the City has declared its intent to maintain reasonable rates for the collection,
transportation and recycling, composting and disposal of refuse;
WHEREAS, Rohnert Park Municipal Code section 8.12.200 requires that waste collection
services be provided by contract;
WHEREAS, on May 29, 2001, the City and Rohnert Park Disposal, Inc., (“Contractor”)
entered into an agreement for the Collection, Transportation, and Processing of Refuse, Recyclable
Materials, and Compostable Materials, and for the provision of Street Sweeping Services (“Original
Agreement”);
WHEREAS, on July 1, 2008, the Original Agreement was amended and restated to provide
for a term extension and the acquisition of new fleet vehicles (“Amended and Restated
Agreement”);
WHEREAS, on May 25, 2010, the City and Contractor further amended the Amended and
Restated Agreement in order to, among other things, include an adjustment to the current term, an
option to extend the term, include portable toilet service, and require Contractor to make certain
additional payments to the City (“First Amended and Restated Agreement”);
WHEREAS, on November 13, 2012, the City and Contractor further amended and restated
the First Amended and Restated Agreement in order to, among other things, (i) transfer billing and
independent rate setting responsibility from the City to the Contractor; (ii) clarify that as a result of
this transfer of responsibility, that customer rates for refuse services would be independently set and
imposed by Contractor on its customers for a voluntary service, and would not be fees or charges
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2017-136
that are imposed by the City upon a parcel or upon a person as an incident of property ownership;
(iii) implement a refuse rate index methodology for adjustment of maximum customer rates; and
(iv) require the Contractor to pay to the City a refuse vehicle franchise fee (“Second Amended and
Restated Agreement”);
WHEREAS, City and Contractor now desire to amend the Second Amended and Restated
Agreement in order to, among other things, (i) acknowledge the Agreement For Operation of The
Central Landfill and County Transfer Stations Between County of Sonoma and Republic Services
of Sonoma County, Inc. (“Republic”) and the Waste Delivery Agreement between the City and
Republic, (ii) correct references throughout the Agreement, (iii) provide for the acquisition of new
fleet vehicles; (iv) increase collection frequency for City-owned cans, (v) include changes to the
street sweeping schedule and disposal of street sweeping residuals, (vi) remove a requirement for
the City to budget annually for public education, (vii) include disposal and diversion reporting
requirements for dry cell battery collection and street sweeping, (viii) adjust the timing of the
delinquent service account payments to City, and (ix) implement commercial source separated food
waste and dry commercial mixed waste collection programs; and
WHEREAS, the franchise fees to be provided to City under the proposed agreement
represent the result of bona fide negotiations between the City and Contractor, and are reasonably
related to the value of the rights granted herein, including but not limited to the use of City property,
City streets and rights of way, and staff resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
Section 1. Recitals. The above-referenced recitals are true and correct and material to this
Resolution.
Section 2. Agreement. Pursuant to its police powers and the authority granted in Public
Resources Code sections 40059 and 49300, a Third Amended and Restated Agreement is hereby
awarded to Rohnert Park Disposal, Inc.
Section 3. Execution. The City Manager is hereby authorized and directed to execute and
take all actions necessary to effectuate an agreement with Rohnert Park Disposal, Inc. in
substantially similar form to the Third Amended and Restated Agreement attached hereto as Exhibit
A and incorporated by this reference, subject to minor modification by the City Attorney.
Section 4. Environmental Review. The City Council hereby finds that the activity taken by
the City Council is exempt from the California Environmental Quality Act (CEQA) under CEQA
Guidelines section 15301 (existing facilities), 15308 (actions by regulatory agencies for protection
of the environment), and under 15061(b)(3) (the common sense exemption), because it can be seen
with certainty that there is no possibility that the adoption of this amendment will have a significant
effect on the environment.
Section 5. Severability. If any action, subsection, sentence, clause or phrase of this
Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portions of this Resolution that can be given
effect without the invalid provisions.
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2017-136
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 28th day of November, 2017.
CITY OF ROHNERT PARK
_________________________
Jake Mackenzie, Mayor
ATTEST:
____________________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit A – Third Amended and Restated Agreement
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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THIRD AMENDED AND RESTATED 1
AGREEMENT 2
BETWEEN 3
THE CITY OF ROHNERT PARK 4
AND 5
ROHNERT PARK DISPOSAL, INCORPORATED 6
7
FOR 8
9
REFUSE, RECYCLABLE MATERIALS, 10
COMPOSTABLE MATERIALS AND 11
STREET SWEEPING SERVICES 12
13
DATED AS OF 14
15
MONTH DAY, 2017 16
17
EFFECTIVE AS OF 18
19
January 1, 2018 20
21
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TABLE OF CONTENTS 23
RECITALS .............................................................................................................. 1 24
Article I. DEFINITIONS ......................................................................................................... 2 25
Article II. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR ............ 10 26
Article III. TERM OF AGREEMENT ....................................................................................... 11 27
Article IV. SCOPE OF AGREEMENT ..................................................................................... 12 28
Article V. COLLECTION SERVICES..................................................................................... 14 29
Article VI. OTHER RELATED SERVICES AND STANDARDS ........................................... 32 30
Article VII. FRANCHISE FEE, AB 939 AND OTHER FEES .................................................. 41 31
Article VIII. CONTRACTOR'S PAYMENT FOR SERVICES ................................................... 42 32
Article IX. INDEMNITY, INSURANCE, FAITHFUL PERFORMANCE .............................. 46 33
Article X. CITY'S RIGHT TO PERFORM SERVICE ............................................................ 50 34
Article XI. DEFAULT AND REMEDIES ................................................................................. 51 35
Article XII. OTHER AGREEMENTS OF THE PARTIES ........................................................ 55 36
Article XIII. MISCELLANEOUS AGREEMENTS .................................................................... 59 37
38
LIST OF EXHIBITS 39
40
41
A City Service Locations 42
B Battery Bucket Locations 43
C City-Sponsored Events 44
D Annual Cleanups 45
E Residential Recyclable Materials to Be Collected (Single-Family Residential and Multi-46
Family Residential Complexes) 47
F Commercial Recyclable Materials to Be Collected 48
G Schedule of Performance Adjustments (Liquidated Damages) 49
H Contractor's Holiday List 50
I Street Sweeping Maps and Schedules 51
J Allocation Methodology for Reporting of Tonnage Data 52
K Initial Basis for Related Party Payments 53
L City Insurance Endorsement Forms 54
M Refuse Rate Index 55
N Detailed Rate Review Methodology 56
O Contractor's Maximum Refuse Rate 57
P Vehicle Replacement Schedule 58
59
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THIRD AMENDED AND RESTATED AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND
ROHNERT PARK DISPOSAL, INCORPORATED
FOR REFUSE, RECYCLABLE MATERIALS, AND COMPOSTABLE MATERIALS SERVICES
THIS THIRD AMENDED AND RESTATED AGREEMENT is made and entered into as of the __th
day of November, 2017, and will become effective January 1, 2018, by and between the City of Rohnert Park
("City'') and Rohnert Park Disposal, Inc. a California corporation ("Contractor").
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
Whereas: the Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989 (“Act”) (California Public Resources Code Section 40000 et seq.), has declared that
it is in the public interest to authorize and require local agencies to make adequate provisions for Refuse
Handling within their jurisdiction; and,
Whereas; the State of California has found and declared that the amount of Refuse generated in
California, coupled with diminishing Disposal Site space and potential adverse environmental impacts from
land filling and the need to conserve natural resources, have created an urgent need for state and local
agencies to enact and implement an aggressive integrated waste management program. The State has, through
enactment of the Act, directed the responsible state agency, and all local agencies, to promote Disposal Site
diversion and to maximize the use of feasible waste reduction, re-use, recycling and composting options in
order to reduce the amount of Refuse that must be disposed of in Disposal Sites; and,
Whereas; under Section 8.12 of the Rohnert Park Municipal Code, the City has the authority to
provide for and otherwise regulate the Collection and Transportation of Refuse, Recyclable Materials, and
Compostable Materials, including permitting of self-hauling of such materials by its citizens; and,
Whereas; pursuant to California Public Resources Code Section 40059(a)(2), the City has
determined that the public health, safety, and well-being require that an exclusive right be awarded to a
qualified contractor for the Collection of Refuse, Recyclable Materials, and Compostable Materials, and other
services related to meeting the diversion goal of 50 percent, and other requirements of the Act; and,
Whereas; the City has declared its intent to maintain reasonable rates for the Collection,
Transportation and Recycling, Composting and/or Disposal of Refuse; and,
Whereas; the City desires, having determined that Contractor is qualified to provide for both the
Collection of Refuse within the corporate limits of the City and the Transportation of such Refuse to
appropriate places of Processing. Recycling, Composting and Disposal, by demonstrated experience,
reputation and capacity, that Contractor be engaged to perform such services on the basis set forth in this
Agreement; and,
Whereas, the City and Contractor are parties to that certain Refuse, Recyclable Materials,
Compostable Materials and Street Sweeping Services Agreement, dated May 29, 2001 ("Original
Agreement"); and,
WHEREAS, on July 1, 2008, the Original Agreement was Amended and Restated in its entirety to
among other things provide for (i) extending the term; and (ii) the acquisition of new fleet vehicles; and,
WHEREAS, on May 25, 2010, the City Council of the City of Rohnert Park further amended the
Amended and Restated Agreement in order to, among other things, include an adjustment to the current term,
an option to extend the term, include portable toilet service, and require Contractor to make additional
payments to the City ("First Amended and Restated Agreement"); and
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WHEREAS, on or about November 13, 2012, the City and Contractor further amended and restated
the Agreement in order to, among other things, (i) transfer billing and rate setting responsibility from the City
to the Contractor; (ii) clarify that as a result of this transfer, the Customer Rates for Refuse services will not
be imposed by an agency upon a parcel or upon a person as an incident of property ownership, but rather the
Customer Rates will be independently established by a private hauler on its willing customers for a voluntary
service; (iii) implement a Refuse Rate Index methodology for Refuse rate adjustments and (iv) require the
Contractor to pay to the City a Refuse Vehicle Franchise Fee ("Second Amended and Restated Agreement");
and,
WHEREAS, City and Contractor now desire to amend the Second Amended and Restated
Agreement in order to, among other things, (i) acknowledge the Master Operating Agreement (MOA) and
Waste Delivery Agreement (WDA), (ii) correct references throughout the Agreement, (iii) provide for the
acquisition of new fleet vehicles; (iv) increase collection frequency for City-owned cans, (v) include changes
to the street sweeping schedule and disposal of street sweeping residuals, (vi) remove a requirement for the
City to budget annually for public education, (vii) include disposal and diversion reporting requirements for
dry cell battery collection and street sweeping, and (viii) adjust the timing of the delinquent service account
payments to City; and
WHEREAS, this Third Amended and Restated Agreement is effective the 1st day of January, 2018,
by and between the City of Rohnert Park and Rohnert Park Disposal, Inc., a California corporation;
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained
in this Agreement and for other good and valuable consideration, the parties agree as follows:
Article I. DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall have
the following meanings and be capitalized throughout this Agreement:
1.01 AGREEMENT
"Agreement" means this Third Amended and Restated Agreement between the City and Contractor,
for Collection and Transportation of Refuse and Compostable Materials to a City designated Disposal Site of
Composting Facility and Collection and Processing of Recyclable Materials including all exhibits, and any
future amendments hereto.
City and Contractor acknowledge their respective obligations under the following agreements::
A. Master Operating Agreement (“MOA”) Subcontract. Agreement for Operation of Sonoma
County Transfer Stations and Materials Recovery Facility between The Ratto Group of Companies,
Inc. (“TRG”) and Republic Services of Sonoma County, Inc. (“Republic”), pursuant to which
Republic subcontracted to TRG certain of Republic’s obligations under the Agreement For Operation
of The Central Landfill and County Transfer Stations Between County of Sonoma and Republic
Services of Sonoma County, Inc..
B. Waste Delivery Agreement (“WDA”). The Waste Delivery Agreement between the City
and Republic Services of Sonoma County, Inc. dated October 28, 2014, including the Franchised
Hauler’s Agreement to be Bound by City’s Waste Delivery Commitment, attached thereto as Exhibit
C.
1.02 ALTERNATIVE DAILY COVER (ADC)
"ADC" means the use of Compostable Materials to include but not limited to organic materials as an
Alternative Daily Cover at a Disposal Site.
1.03 AGREEMENT YEAR
“Agreement Year” means Each twelve (12) month period from January 1 to December 31,
beginning January 1, 2018.
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1.04 APPLICABLE LAW
“Applicable Law”, for purposes of this Agreement, includes without limitation, the California
Integrated Waste Management Act of 1989 (“Act”) (California Public Resources Code Section 40000 et seq.)
(AB 939, Sher, Chapter 1095, Statutes of 1989), as amended by AB 341 (Chesbro, Chapter 476, Statutes of
2011), AB 1594 (Williams, Chapter 719, Statutes of 2014), AB 1826 (Chesbro, Chapter 727, Statutes of
2014), SB 1016 (Wiggins, Chapter 343, Statutes of 2008) and as may be subsequently amended,, and any
applicable state and federal law or regulations promulgated concerning the handling, transportation, or
disposal of solid waste, Recyclables, and Hazardous Substances.
1.05 BILLINGS
"Billings" means any and all statements of charges for services rendered, howsoever made, described
or designated by Contractor, to Owners or Occupants of property, including residential property and
commercial, Industrial, and institutional property, serviced by Contractor for the Collection of Refuse,
Recyclable Materials, and Compostable Materials.
1.06 BIN(S)
"Bin(s)" means a metal container with hinged lids and wheels serviced by a front-end loading truck
with a capacity of 1 to 8 cubic yards.
1.07 BIN SERVICE
"Bin Service" means that service provided to Commercial Businesses, Multi-Family Complexes, or
Single-Family Residences generating large volumes of Refuse and/or Salveageable Materials and which place
that Refuse and/or Salveageable Materials in a Bin or Bins.
1.08 BULKY ITEM
"Bulky Item" means discarded large household appliances, furniture, tires, carpets, mattresses, and
similar large items, which require special Handling due to their size, but can be collected without the
assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits.
It does not include abandoned automobiles.
1.09 CART(S)
"Cart(s)" means a City-approved plastic container with a hinged lid and wheels serviced by an
automated or semi-automated loading truck with varying capacities of twenty (20), thirty (30), sixty (60), or
ninety (90) gallons or their equivalents.
1.10 CART SERVICE
"Cart Service" means that service provided to Single-Family Residences, Multi-Family Residential
Complexes, and Commercial Businesses which place Refuse and/or Salveageable Materials in a Cart or
Carts.
1.11 CITY
"City" means the City of Rohnert Park, a municipal corporation, and all the territory lying within the
municipal boundaries of the City as presently existing or as such boundaries may be modified during the
Term.
1.12 CLEAN RECYCLABLE MATERIALS
"Clean” Recyclable Materials" means materials collected in individual components such as, but not
limited to cardboard, designated paper grades, mixed containers, scrap metal, and designated plastics.
1.13 COLLECTION
"Collection" means the removal and transportation of Refuse from the place where it was generated
to a Disposal Site and/or the removal and Transportation of Recyclable or Compostable Materials from the
place where they were generated to a Processing Facility.
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1.14 COMMERCIAL BUSINESS
"Commercial Business" means any business property upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations, manufacturing and Industrial
operations, but excluding businesses conducted upon residential property which are permitted under
applicable zoning regulations and are not the primary use of the property.
1.15 COMMERCIAL SOURCE SEPARATED FOOD WASTE
"Commercial Source Separated Food Waste" means Food Waste generated by a Commercial
Business and separated from Refuse and Recyclable Materials and placed in designated colored containers at
the Generator’s Premises with the intention of diversion from landfill Disposal, and which are collected by
the Contractor.
1.16 COMPACTOR
"Compactor" means a mechanical apparatus that compresses materials. Compactors include but are
not limited to 2- to 4-yard Bin Compactors serviced by front-end loader trucks and 6- to 50-yard Debris
Boxes serviced by roll-off trucks.
1.17 COMPLAINT
"Complaint" means written or orally communicated statements made by members of the public,
customers of the Contractor, or officers, employees or agents of City alleging nonperformance or deficiencies
in performance of Contractor's duties and obligations under this Agreement, or otherwise alleging a violation
by Contractor of the provisions of this Agreement.
1.18 COMPOSTABLE CONTAINER
"Compostable Container" means a Cart or Bin used by a Generator to store and contain
Compostable Materials Collection from a designated location.
1.19 COMPOSTABLE MATERIALS
"Compostable Materials" means grass cuttings, weeds, leaves, prunings, branches, dead plants,
brush, tree trimmings, and dead trees that may not exceed six (6) inches in diameter and four (4) feet in
length. Commercial organics are included in Compostable Materials.
No discarded material shall be considered to be Compostable Materials, however, unless it is
separated from Refuse and Recyclable Materials.
1.20 COMPOSTING FACILITY
"Composting Facility" means a facility designated by the City, which processes Compostable
Materials by means of decomposition of Organic Materials.
1.21 CONTRACTOR
"Contractor" means Rohnert Park Disposal, Inc., a corporation organized and operating under the
laws of the State of California and its officers, directors, employees, agents, companies and subcontractors.
1.22 CONSTRUCTION AND DEMOLITION DEBRIS (C&D DEBRIS)
“Construction and Demolition Debris" means used or discarded construction materials removed
from residential, commercial, or Industrial Premises during the construction or renovation of a structure.
1.23 CURB MILE
"Curb Mile" means the distance of one mile along one side of a street as measured by City along the
centerline of the street. Distances along Median Islands are not considered Curb Miles.
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1.24 CURBSIDE
"Curbside" means the location of a container for pickup not more than five (5) feet from the street
curb. Where no street curb exists, the location shall be within five (5) feet from the outside edge of the street
nearest the property's entrance.
1.25 CUSTOMER RATES
"Customer Rates" means Contractor's charges to customers for the provision of services under this
Agreement.
1.26 DEBRIS BOX
"Debris Box" means an open-top metal container serviced by a roll-off truck with a capacity of 6 to
50 cubic yards.
1.27 DELIVERY
"Delivery" means placement of Refuse, Recyclable Materials, or Compostable Materials by a
Generator in a container and at a location that is designated for Collection pursuant to the City's Municipal
Code.
1.28 DESIGNATED WASTE
"Designated Waste" means non-Hazardous Waste which may pose special Disposal problems
because of its potential to contaminate the environment and which may be disposed of only in Class II
Disposal Sites, or Class III Disposal Sites pursuant to a variance issued by the California Department of
Health Services. Designated Waste consists of those substances classified as Designated Waste by the State
of California, in 23 California Code of Regulations Section 2522.
1.29 DISPOSAL (OR DISPOSE)
"Disposal (or Dispose)" means the final disposition of Refuse collected by the Contractor at a
Disposal Site designated by City. Disposal does not include the use of Compostable Materials as ADC so
long as the City and state regulations allow this use as diverted material.
1.30 DISPOSAL SITE(S)
"Disposal Site(s)" means the facility or facilities designated by the City for the ultimate Disposal of
Refuse collected by the Contractor.
1.31 1.27 DRY COMMERCIAL MIXED WASTE
"Dry Commercial Mixed Waste" means a load of Refuse generated by a Commercial Business that is
dry and that contains a high proportion of material that is capable of being recycled at the dry commercial
mixed waste MRF located at the Central Landfill, as determined by Contractor in accordance with Section
5.03.3.C.
1.32 EXTENDED PRODUCER RESPONSIBILITY
"Extended Producer Responsibility" or "EPR" is the extension of the responsibility by producers
for the environmental impacts of their products and packaging to the entire product life cycle -- and
especially for their take-back, recycling, and Disposal. EPR is based on the 'polluter pays' principle.
1.33 FOOD WASTE
"Food Waste" means material that will decompose and putrefy including pre and post-consumer
kitchen and table food scraps; animal and vegetable waste that is generated during or resulting from the
storage, preparation, cooking or handling of food stuffs; fruit waste; grain waste; dairy waste; meat and fish
waste; paper or waxed cardboard contaminated with various food waste. This material can be generated at
residential and commercial Premises including restaurants, grocery stores and other food processing facilities.
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1.34 FRANCHISE FEE
"Franchise Fee" means the fee paid by Contractor to City for the right to hold the exclusive franchise
and the use of the public rights of way granted by this Agreement.
1.35 GENERATOR
"Generator" means any Person whose act or process produced Refuse, Recyclable, or Compostable
Materials.
1.36 GROSS REVENUES
"Gross Revenues" means all monetary amounts collected by the Contractor for provision of
franchised services under the terms of this Agreement.
1.37 HANDLING
"Handling" means Collection and Transportation of Refuse and Compostable Materials to a City
designated Disposal Site or Composting Facility and Collection and Processing of Recyclable Materials.
1.38 HAZARDOUS SUBSTANCE
"Hazardous Substance" means any of the following: (a) any substances defined. regulated or listed
(directly or by reference) as "Hazardous Substances," "hazardous materials," "Hazardous Wastes," "toxic
waste," "pollutant" or "toxic substances," or similarly identified as hazardous to human health or the
environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act,
49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the
Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8.
25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b)
any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently
existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or
pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local
environmental laws currently existing or hereinafter enacted, including, without limitation, triable asbestos,
polychlorinated biphenyl's ("PC13s"), petroleum, natural gas and synthetic fuel products, and by-products.
1.39 HAZARDOUS WASTE
"Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or
extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and
§25117 or in the future amendments to or recodifications of such statutes or identified and listed as
Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and
regulations promulgated thereunder.
1.40 HOUSEHOLD HAZARDOUS WASTE
"Household Hazardous Waste" means Hazardous Waste generated at residential Premises within
the City.
1.41 INDUSTRIAL
"Industrial" means manufacturing or technical productive enterprises.
1.42 INFECTIOUS WASTE
"Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics,
dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities,
and other similar establishments that are identified in Health and Safety Code Section 25117.5.
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1.43 LEGISLATION
"Legislation" means any code, ordinance, resolution, or any other formal enactment of the governing
body of the City, which now exists, or which may hereafter be adopted which constitutes law or regulation
governing the operation of the Contractor.
1.44 MAXIMUM RATES
"Maximum Rates" means the maximum monetary amounts that Contractor may charge a customer,
pursuant to Article 8, for providing services under this Agreement.
1.45 MEDIAN ISLANDS
"Median Island" means a dividing area, normally at curb height, between opposing directions of
traffic.
1.46 MIXED CONSTRUCTION AND DEMOLITION (C&D) MATERIALS
"Mixed C&D Materials" means C&D materials collected by mixed components such as dirt,
concrete, asphalt, and rebar, wood, roofing tile, and concrete, or other such C&D materials.
1.47 MULTI-FAMILY RESIDENTIAL COMPLEX
"Multi-Family Residential Complex" means any residential complex, other than a Single-Family
Residence, used for residential purposes, including but not limited to two to six (2-6) unit complexes,
apartment buildings, mobile home parks, condominiums, and large complexes over six (6) units.
1.48 OCCUPANT
"Occupant" means the person who occupies Premises.
1.49 ORGANIC MATERIALS
"Organic Materials" means materials that will decompose and/or putrefy. Organic Materials
include, but are not limited to, vegetable waste, fruit waste, grain waste, non-recyclable paper waste and yard
waste. Additional materials could be included upon mutual agreement.
1.50 OWNER
"Owner" means the person with the legal right to the possession of land or building.
1.51 PERSON
"Person" means any individual, firm, association, organization, partnership, corporation, business
trust, joint venture, the United States, the State of California, the County of Sonoma, and special purpose
districts.
1.52 PREMISES
"Premises" means any land or building in the City where Refuse, Recyclable Materials or
Compostable Materials are generated or accumulated.
1.53 PROCESSING
"Processing" means to prepare, treat, or convert through some special method.
1.54 PROCESSING FACILITY
"Processing Facility" means any plant or site used for the purpose of sorting, cleansing, treating or
reconstituting Salvageable Material for the purpose of making such material available for re-use. Activities
that may be undertaken at a Processing Facility include but are not limited to Processing Compostable
Materials and Recyclable Materials.
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1.55 RECYCLING CONTAINER
"Recycling Container" means City-approved Cart or Bin used to place Recyclable Materials at a
designated Collection location for Collection for the purpose of Recycling.
1.56 RECYCLABLE MATERIALS (ALSO "RECYCLABLES")
"Recyclable Materials" means those discarded materials that the City Code permits, directs and/or
requires Generators to set out in Recycling Containers for Collection for the purpose of Recycling. No
discarded material shall be considered to be Recyclable Materials, however unless it is separated from Refuse
and Compostable Materials. Recyclable Materials may include newspaper, mixed paper, glass, metal and
aluminum cans, plastic bottles (numbers 1-7), corrugated cardboard, cardboard and used motor oil and filters.
1.57 RECYCLING
"Recycling" means the process of sorting. Cleansing, treating and reconstituting at a Processing
Facility those Recyclable Materials that would otherwise be disposed of at a Disposal Site for the purpose of
returning such materials to the economy in the form of raw materials for new, re-used or reconstituted
products.
1.58 RECYCLING RESIDUE
"Recycling Residue" means non-recyclable material removed during the processing of single stream
recycling such as wet or food contaminated items waxed cardboard, plastic film, organic or putrescible
wastes, rubber, insulation, garbage or other items not accepted for recycling and placed either inadvertently or
intentionally by customers in the single stream collection container.
1.59 REFUSE
"Refuse" means all putrescible and non-putrescible solid, semi-solid, and liquid waste that the City
Code requires Generators within the City to set out for Collection. Refuse does not include:
1) Salvageable Materials set out for Collection in a City-approved container;
2) Hazardous Waste or Hazardous Substance;
3) Infectious Waste;
4) Abandoned automobiles;
5) Unacceptable waste; or
6) Radioactive waste.
Refuse includes Salvageable Materials only when such materials are commingled with Refuse and
included for Collection in a Refuse container. Only discarded materials shall be considered Refuse.
1.60 RELATED PARTY(IES)
"Related Party(ies)" means a company that has ownership of 5 percent or more of' the voting stock
or management control in common with Contractor.
1.61 RE-USE VENDOR
"Re-Use Vendor” means a vendor (i.e. St. Vincent de Paul, Goodwill Industries, or other non-profit
or for-profit organizations) that will collect used furniture and other re-usable items as an alternative to
Disposal.
1.62 ROLL-OFF/COMPACTOR REFUSE SERVICE
"Roll-Off/Compactor Refuse Service" means permanent service provided by
Contractor under this exclusive Agreement to any Generator requiring a Debris Box
or Compactor for the Collection of Refuse.
1.63 ROLL-OFF CONTAINER
"Roll-Off Container" means permanent service provided to any Generator requiring a Debris Box or
Compactor for the Collection of Refuse.
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1.64 SALVAGEABLE MATERIAL
"Salvageable Material" means those discarded materials that may be re-used in their existing form
or may be re-used after some form of Processing including, but not limited to, composting and Recycling.
Salvageable Material includes Recyclable Material, Compostable Material, and Commercial Source-
Separated Food Waste.
1.65 SINGLE-FAMILY RESIDENCE
"Single-Family Residence" means a separate unit used for housing a single family.
1.66 SINGLE RECYCLABLE MATERIAL STREAM
"Single Recyclable Material Stream" means Recyclable Material including both paper and mixed
container material in one Cart, which is separated after Collection by Contractor.
1.67 SMALL COMMERCIAL GENERATOR
"Small Commercial Generator" means any Commercial Business, which generates less
than 100 gallons of Refuse per week.
1.68 SOURCE SEPARATED CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
MATERIALS
"Source Separated C&D Materials" means C&D materials collected in individual components such
as but not limited to dirt, concrete, wood, asphalt, scrap metals, or other such C&D materials.
1.69 SPECIALTY RECYCLABLE MATERIAL
"Specialty Recyclable Material" means material not specified in this Agreement that can be (or may
in the future) be recycled by any Person operating under a valid permit issued by the City. Such Specialty
Recyclable Material includes hut is not limited to scrap metal, Construction and Demolition Debris, high-
grade paper, pallets, and plastic film.
1.70 STREET SWEEPING SERVICE
"Street Sweeping Service" means the sweeping of streets in the City and the transportation of Sweep
Waste for transfer and Processing for recovery or disposal.
1.71 SWEEP WASTE
"Sweep Waste" means the accumulated waste materials generated as a result of performing Street
Sweeping Services. Sweep Waste includes, but is not limited to, deposits of loose dirt, rocks, glass, cans,
leaves, sticks, papers, Organic Waste residue or any like materials that can be removed by Street Sweeping
operations.
1.72 TEMPORARY DEBRIS BOX SERVICE
"Temporary Debris Box Service" means temporary service provided at a job site to any residential
or commercial Generator requiring a Debris Box for the Collection of Source Separated C&D Materials,
Mixed C&D Materials, Compostable Materials, or Clean Recyclable Materials.
1.73 TERM
"Term" means the Term of this Agreement, as provided for in Article 3.
1.74 TRANSFER STATION
"Transfer Station" means a facility for the temporary Collection and storage of Refuse,
Compostable Materials and Recyclable Materials until they are transferred to trucks for Transportation to a
specific Disposal Site or Composting Facility designated by City or to Contractor's Processing Facility for
Recyclable Materials.
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1.75 TRANSPORTATION
"Transportation" means the act of transporting or state of being transported to a specific Disposal
Site, Composting Facility or Transfer Station designated by City.
1.76 UNACCEPTABLE SPILLAGE
"Unacceptable Spillage" means any Refuse, Recyclable, or Compostable Materials spilled or left at
established Collection sites by Contractor after Collection, excluding small particles of grass clippings and
leaves of the size and volume that may be collected by regular street sweeping operations.
1.77 WORK DAY
"Work Day" means any day, Monday through Saturday that in not a holiday as set forth in Exhibit H
of this Agreement unless otherwise specified.
1.78 WHITE GOODS
"White Goods" means discarded enamel household appliances of any color, such as refrigerators,
stoves, washer/dryers, water heaters, dishwashers, etc., and similar items.
1.79 ZERO WASTE
"Zero Waste” is a goal that is both pragmatic and visionary, to guide people to emulate sustainable
natural cycles, where all discarded materials are resources for others to use. Zero Waste means designing and
managing products and processes to reduce the volume and toxicity of waste and materials, conserve and
recover all resources, and not burn or bury them. Implementing Zero Waste will eliminate all discharges to
land, water or air that may be a threat to planetary, human, animal or plant health.1
Article II. REPRESENTATIONS AND WARRANTIES OF
THE CONTRACTOR
2.01 CORPORATE STATUS
Contractor is a corporation duly organized, validly existing and in good standing under the laws of
the State of California. It is qualified to transact business in the State of California and has the power to own
its properties and to carry on its business as now owned and operated and as required by this Agreement.
2.02 CORPORATE AUTHORIZATION (OR PARTNERSHIP, ASSOCIATION, LLC, OR JOINT
VENTURE AUTHORIZATION)
Contractor has the authority to enter into and perform its obligations under this Agreement. The
Board of Directors of Contractor (or the shareholders or members, if necessary) has taken all actions required
by law, its articles of incorporation or organization, its bylaws, or otherwise, to authorize the execution of this
Agreement. The Person signing this Agreement on behalf of Contractor has authority to do so.
2.03 AGREEMENT WILL NOT CAUSE BREACH
To the best of Contractor's knowledge, after reasonable investigation, neither the execution or
delivery of this Agreement, nor the performance of this Agreement by Contractor: (i) conflicts with, violates,
or results in a breach of any applicable law; or (ii) conflicts with, violates or results in a breach of any term or
condition of any judgment, order or decree of any court, administrative agency or other governmental
authority, or any agreement or instrument to which Contractor is a party or by which Contractor or any of its
properties or assets are bound, or constitutes a default thereunder.
1 Liss, Gary Zero Waste International Alliance, November 29, 2004.
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2.04 NO LITIGATION
To the best of Contractor's knowledge, after reasonable investigation, there is no action, suit,
proceeding or investigation, at law or in equity, before or by any court or governmental authority,
commission, board, agency or instrumentality decided, pending or threatened against Contractor wherein an
unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely
affect the performance by Contractor of its obligations hereunder or which, in any way, would adversely
affect the validity or enforceability of this Agreement Or which would have a material adverse effect on the
financial condition of Contractor or any surety guaranteeing Contractor's performance under this Agreement,
which has not been waived by the City in writing.
2.05 NO ADVERSE JUDICIAL DECISIONS
To the best of Contractor's knowledge, after reasonable investigation, there is no judicial decision that
affects the validity of this Agreement and may subject this Agreement to legal challenge.
2.06 ABILITY TO PERFORM
Contractor possesses the business, professional, and technical expertise to manage, handle, treat,
store and dispose of the Refuse, Recyclables, and Compostable Materials, and possesses the equipment,
facility, and employee resources required to perform this Agreement.
Article III. TERM OF AGREEMENT
3.01 EFFECTIVE DATE
The effective date of this Agreement shall be January 1, 2018 ("Effective Date").
3.02 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
The obligation of City to permit this Agreement to become effective and to perform its undertakings
provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below,
each of which may be waived in whole or in part by City.
3.02.1 ACCURACY OF REPRESENTATIONS
The representations and warranties made in Article 2 of this Agreement are true and correct on and as
of the Effective Date.
3.02.2 ABSENCE OF LITIGATION
There is no litigation pending on the Effective Date in any court challenging the award or execution
of this Amendment or seeking to restrain or enjoin its performance.
3.02.3 FURNISHINGS OF INSURANCE AND LETTER OF CREDIT
Contractor has furnished evidence of the insurance and letter of credit required by Sections 9.04 and
9.05.
3.03 TERM
The initial Term of this Agreement began on July 1, 2008 ends at midnight June 30, 2020.
3.04 OPTION TO EXTEND TERM
At Contractor's written request, on or about July 1, 2018, City may, in its sole discretion, determine
that the Contractor has met the minimum performance and diversion requirements. If the City so determines,
the City shall within thirty (30) Work Days offer the Contractor in writing a five (5) year extension of this
Agreement. Contractor shall provide written notice to City as to whether Contractor accepts or rejects City's
offer within thirty (30) Work Days of the date of the offer. If Contractor fails to provide such notice to City
within said thirty (30) Work Days, City's offer shall be deemed withdrawn and City shall have no obligation
to extend the term of this Agreement beyond June 30, 2020. If the term of this Agreement is extended, the
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compensation provisions of Article 8 shall not be subject to negotiation. However, the compensation payable
to Contractor shall be adjusted annually throughout the extended term as provided in Article 8.
3.04.1 VOIDING OF EXTENSION
In the event City, in its sole discretion, determines that Contractor failed to meet the minimum
service and diversion requirements set forth in Section 4.05 or is in breach of any other provisions of this
Agreement, Contractor understands and agrees that the service extension set forth in Section 3.04 above is
voided and that this Agreement shall terminate on June 30, 2020.
3.04.2 PERFORMANCE STANDARDS
In event Contractor is unable to meet the City’s performance standards under this Agreement,
Contractor will be assessed liquidated damages, as set forth in Section 11.05 of this Agreement.
Article IV. SCOPE OF AGREEMENT
4.01 SCOPE OF AGREEMENT
Subject to Section 4.02, the franchise granted to Contractor shall be exclusive for Refuse, Recyclable
Materials, and Compostable Materials generated in the City, except where otherwise precluded by federal,
state, and local laws and regulations.
4.02 LIMITATIONS TO SCOPE
The franchise for the Collection and Transportation of Refuse and Compostable Materials to a City
designated Disposal Site or Composting Facility and Collection and Processing of Recyclable Materials
granted to Contractor shall be exclusive except as to the following materials listed in this section. The City
permits the operation of buy back Recycling and re-use centers, and this Agreement shall allow business and
residential Generators to transport, donate and sell Recyclable Materials to such centers. The Franchise
granted the Contractor shall not preclude the categories of Recyclable Materials or other materials listed
below from being delivered to and collected and transported by others provided that nothing in this
Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from
City, which is otherwise required by law:
A. Other recyclers shall maintain the right to collect Specialty Recyclable Materials, to accept
donated Recyclable Materials, and to pay the Generator for Source Separated Recyclable
Materials. Specialty Recyclable Materials set out for Collection by other recyclers shall contain
no more than 10 percent by weight or volume (whichever is less) residual Refuse commingled in
the materials to qualify for the exception under this section. Recyclable material must be, in fact,
recycled. It will be the responsibility of Contractor, with City cooperation, to provide
enforcement of this provision. If Contractor can document that other recyclers are servicing
Collection containers that contain less than 90 percent source separated Specialty Recyclable
Materials or Compostable Materials, it shall report the location and the name of the recycler to
the City along with Contractor's evidence of the violation of the exclusiveness of this Agreement;
B. Recyclable Materials which are removed from any Premises by the Generator and which are
transported personally by the Owner or Occupant of such Premises (or by his or her employees or
a contractor);
C. Recyclable Materials, which are source separated at any Premises by the Generator and
donated to youth, civic, or charitable organizations;
D. Containers delivered for Recycling under the California Beverage Container Recycling Litter
Reduction Act, Section 14500, et seq., California Public Resources Code;
E. Compostable Materials removed from a Premise by a gardening, landscaping, or tree-trimming
contractor as an incidental part of a total service offered by that contractor rather than as a
hauling service, and for no additional or separate fee, and if such contractor delivers the
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Compostable Materials to a Compostable Container or Composting Facility and does not dispose
of the material as Refuse;
F. Temporary Debris Box Service;
G. Animal waste and remains from slaughterhouse or butcher shops for use as tallow;
H. By-products of sewage treatment, including sludge, sludge ash, grit and screenings; and
I. Hazardous Waste, Infectious Waste, and Designated Waste, regardless of its source.
This grant to Contractor of an exclusive right and privilege to collect and transport Refuse and
Compostable Materials and collect and process Recyclable Materials shall be interpreted to be consistent with
state and federal laws, now and during the Term of the Agreement, and the scope of this exclusive right shall
be limited by applicable state and federal laws with regard to the matters contained in this Agreement. In the
event that future interpretations of current law or new laws, regulations, interpretations or trends limit the
ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor
agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully
provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise
out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the
responsibility of Contractor to minimize the financial impact to other services being provided as much as
possible.
Notwithstanding any provision of this Agreement, the exclusivity of the franchise granted herein
shall not be construed to be a limitation on the City’s ability to implement, administrate, or modify its
existing self-hauling permit program regulating the self-hauling of Refuse, Recyclable Materials, and
Compostable Materials by residential Occupants, Owners, or other Persons responsible for day-to-day
operations of residential units.
4.03 COLLECTION OF CITY FACILITIES AND CITY-SPONSORED EVENTS
Contractor shall collect Refuse, Recyclable Materials, and Compostable Materials from City
locations as described in in Exhibit A and identified in Exhibit B, at any new City facilities which are
constructed, leased or purchased by City during the Term of this Agreement and at City-sponsored events
identified in Exhibit C, in accordance with the schedule contained agreed upon between City and Contractor.
This service shall be provided at no additional charge to the City.
4.04 COLLECTION AND TRANSPORTATION OF SALVAGEABLE MATERIALS TO
PROCESSING FACILITY
Contractor shall provide specially designed and painted vehicles for Collection and Transportation of
Salvageable Materials to the Processing Facility approved by the City. No Salvageable Materials collected
under this Agreement shall be disposed of at a Disposal Site in lieu of diverting the material, without the
expressed written approval of the City. If Contractor believes that it cannot re-use or recycle the Salvageable
Materials, then it shall prepare a written request for approval to dispose of such material. Such request shall
contain the basis for its belief, describe the Contractor's efforts to arrange for the re-use or Recycling of such
material, the period required for such Disposal, the incremental costs or cost savings resulting from such
Disposal, and any additional information supporting the Contractor's request. The City Council shall consider
and inform Contractor in writing of its decision within thirty (30) days. If the City Council approves such
request, any difference in the cost of such Disposal from its diversion shall be provided for in an adjustment
(either increasing or decreasing) to the Contractor's Payment for Services. Should the City designate another
Processing Facility, then Contractor's Payment for Services for the change (either increasing or decreasing
Contractor's Payment for Services) in its Transportation and Processing fees.
Contractor shall transport to and dispose of all Refuse collected under this Agreement at the Disposal
Site designated by the City (currently the Sonoma County Central Disposal Site) and shall cooperate with the
operator of the Disposal Site.
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In accordance with Section 2.4 of the Waste Delivery Agreement, Contractor shall deliver all
Committed City Waste, as defined in the Waste Delivery Agreement, to Republic Services of Sonoma
County, Inc. and County of Sonoma facilities for the term of the Waste Delivery Agreement, any extension
thereof, and any other City waste delivery commitment made to Republic Services of Sonoma County, Inc.
4.05 DIVERSION REQUIREMENTS
4.05.1 DIVERSION PLAN
Contractor shall have submitted a Diversion Plan to City by December 31, 2017, which shall be
effective and implemented by Contractor as of January 1, 2018. Contractor shall use good faith efforts to
divert at least forty-five percent (45%) of the Solid Waste it collects pursuant to this Agreement in each
Agreement Year. The minimum diversion requirements represent Contractor’s “Annual Minimum Diversion
Requirement.”
4.05.2 CONTRACTOR’S ANNUAL MINIMUM DIVERSION REQUIREMENT
If Contractor fails to meet any Annual Minimum Diversion Requirement, then, at City’s option, the
City may take either of the following actions:
A. Assess liquidated damages in accordance with Article 11.05 and Exhibit G; or
B. Require that Contractor implement additional diversion program(s) at no cost to City or rate
payers (such program(s) to be proposed by Contractor approved by City, such approval not to be
unreasonably withheld), provided that the total cost of such programs does not exceed the amount
of liquidated damages assessable under clause A. In addition, regardless of whether City takes
the actions described in A and/or B, City may deny an extension request as set forth in Section
3.04 if the Annual Minimum Diversion Requirement is not met for two (2) consecutive years.
The parties acknowledge that the level of diversion achieved by Contractor depends on certain
factors beyond Contractor’s control, such as community support for diversion, recovery rates
achieved at the processing facilities that notwithstanding the foregoing or any other provision of
this Agreement to the contrary, the actions described in A or B above shall not be taken if during
the Agreement Year in question Contractor demonstrated good faith efforts to fully implement all
diversion programs required by this Agreement, which shall include: delivery of Source
Separated Recyclable Material and Compostable Materials to properly permitted Processing
Facilities for processing (Sections 5.03 and 5.04); and the Dry Commercial Mixed Waste
Program (Section 5.03.3.C).
4.05.3 DIVERSION CALCULATION
For purposes of determining whether Contractor has achieved the Annual Minimum Diversion
Requirement, the annual diversion rate will be calculated using the following formula:
The tons of materials collected by Contractor form provision of Collection Services in the
City that are delivered to the Processing Facility approved by City, or that are otherwise
handled in a manner that constitutes diversion under applicable CalRecycle regulations (in
each case, net of all Recycling Residue), divided by the total tons of materials collected in the
service area by Contractor from the provisions of Collection services in each Agreement
Year.
The annual diversion rate shall not include Refuse resulting from non-franchised Temporary Debris
Box Service. The annual diversion rate shall not count diversion from other sources other than Contractor’s
collection and diversion efforts, such as waste hauled by another hauler.
4.05.4 DIVERSION REPORTING
As part of the Quarterly and Annual Reports submitted in accordance with Section 6.04, Contractor
shall provide documentation acceptable to City stating and supporting each quarter's diversion rate, and
overall annual diversion rate. Such documentation may include weight tags from each facility where material
collected from within City is delivered, and information provided by Processing Facilities regarding their
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recovery rates. Promptly after submission of the Annual Report and related documentation for the first
Agreement Year, Contractor shall work with City to develop baseline figures that can be used to set goals and
measure progress in improving diversion over the Term. The baseline figures will include tonnages collected,
disposed and diverted during the first Agreement Year for each materials stream (Refuse, Recyclable
Materials, Compostable Materials) and each customer type (Single-Family Residence, Multi-Family
Residentail Complex, Commercial Business, City). If different customer types are combined in a single route
(e.g. collection of Commercial/MFD/City customers using a front-end loader vehicle), then the parties will
agree on a reasonable method to allocate collected tonnages to each customer type.
4.05.5 END USES FOR COMPOSTABLE MATERIALS
Contractor shall divert Compostable Materials collected through the Compostable Material Program,
Section 5.04, from Disposal. Contractor must provide or arrange for end uses for such Compostable Materials
that provide diversion credits for City according to regulations established by CalRecycle.
4.05.6 PROHIBITED USE OF ALTERANTIVE DAILY COVER (ADC)
Contractor may not utilize Organic Materials as Alternative Daily Cover (ADC).
4.05.7 CHANGES IN THE MARKET CONDITIONS FOR RECYCLABLE MATERIAL
Upon notice to and prior approval by City, Contractor may deem additional materials or groups of
materials to be Recyclable Material if they become capable of recycling at Contractor’s facilities in or near
the service area. Contractor reserves the right to discontinue acceptance of any category of Recyclable
Material as a result of market conditions related to such materials upon written notice to and prior written
approval by City. With regard to the preceding two sentences, City’s approval shall not be unreasonably
withheld. Discontinued acceptance of any material as Recyclable Material pursuant to this Article 4.05.7 shall
not relieve Contractor of the Annual Minimum Diversion Requirement set forth in Article 4.05.1 of this
Agreement.
4.05.8 WARRANTIES AND REPRESENTATIONS
Contractor warrants and represents that it is aware of and familiar with City’s waste stream, and that
it has the ability to and will provide the programs and services required to be provided by it hereunder, with a
view to facilitating City’s meeting or exceeding the diversion requirements set forth in Contractor’s Diversion
Plan submitted pursuant to Section 4.05.1. Contractor further warrants that it understands the diversion
requirements of the Applicable Law, (including, without limitation, the amount of Refuse to be diverted, time
frames for diversion, and any other requirements governing this Agreement in accordance with Applicable
Law), and that it shall provide such programs and services without imposing any costs or fees other than
those set forth in Exhibit O (as adjusted), unless new programs are required by the State of California or City
which are not called out herein, in which case Maximum Rates may be adjusted in accordance with this
Agreement. The programs identified herein are minimum requirements that must be met, and Contractor may
(but is not required to) implement other programs that may be necessary to achieve the foregoing.
4.05.9 WASTE REDUCTION AND PROGRAM IMPLEMENTATION
Contractor shall be responsible for providing data and information as reasonably requested by City
regarding its programs and services hereunder for purposes including but not limited to City’s preparation of
reports and other information as may be required by any agency, including specifically, the State of
California, in order to comply with AB 939 and other Applicable Law.
4.05.10 COMPLIANCE WITH LAW
Contractor agrees that it will carry out its obligations under this Agreement in a manner consistent
with Applicable Law, including specifically AB 939, AB 341, AB 1594 and AB 1826 and all amendments
thereto.
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4.05.11 SOLID WASTE GENERATION/CHARACTERIZATION STUDIES
Contractor acknowledges that City must perform solid waste generation and disposal characterization
studies periodically to comply with the requirements of Applicable Law, including AB 939. Contractor agrees
to participate and cooperate with City and its agents to accomplish such studies, as reasonably requested by
City, provided that such participation and cooperation can be accomplished at no additional cost to Contractor
and without substantially interfering with Contractor’s operations.
4.05.12 PILOT PROGRAMS
Pilot programs and innovative services may entail new collection methods and use of new or
alternative solid waste processing and disposal technologies are included among the types of changes which
City may direct. Any changes under this Article 4.05.12 shall be treated as City-directed changes under
Sections 5.17 and 8.03.2.
Article V. COLLECTION SERVICES
5.01 GENERAL
The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all
labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services
required. The enumeration and specification of requirements for particular items of labor or equipment shall
not relieve Contractor of the duty to furnish all others, whether enumerated or not.
The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough
and professional manner so that the residents and businesses within the City are provided reliable, courteous
and high-quality service at all times. The enumeration and specification of requirements for particular aspects
of service quality shall not relieve Contractor of the duty of accomplishing all other aspects whether they arc
enumerated elsewhere in the Agreement or not.
5.02 REFUSE SERVICES
5.02.1 SINGLE-FAMILY RESIDENTIAL REFUSE SERVICE
Contractor shall collect and transport to the Disposal Site designated by City all Refuse from Carts
placed at the curb of Single-Family Residences once per week as scheduled.
5.02.2 MULTI -FAMILY COMPLEX REFUSE SERVICE
C. Multi-Family Refuse Cart Service. Contractor shall collect and transport to a Disposal Site
designated by City all Refuse from Carts placed at the curb or in Refuse enclosure/area by each
Generator within a Multi-Family Residential Complex, not less than once per week as scheduled.
D. Multi-Family Refuse Bin Service. Contractor shall collect and transport to a Disposal Site
designated by City all Refuse from Bins as scheduled with Generator to meet their needs. hut not
less than once per week.
5.02.3 COMMERCIAL REFUSE SERVICE
A. Commercial Refuse Bin Service. Contractor shall collect and transport to a Disposal Site
designated by City all Refuse from Bins as scheduled with Generator to meet their needs, but not
less than once per week.
B. Commercial Refuse Cart Service. Contractor shall collect and transport to a Disposal Site
designated by City all Refuse from Carts placed in Refuse enclosure or area by Generator as
scheduled with Generator to meet their needs, but not less than once per week.
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5.02.4 COMMUNITY CLEAN-UP SERVICES
Contractor shall conduct two (2) one-week cleanup events each year, one during the spring, and one
in the fall. The dates for cleanups shall be proposed by the Contractor and approved by the City Manager.
The Contractor shall pickup authorized cleanup items from all single-family customers at the Curbside and
properly dispose of such waste. Multi-family Managers, Owners or Homeowner's Associations shall be
notified by Contractor (for example, through newspaper ads and/or utility bill inserts) of available cleanup
services. Customers that choose to participate in the cleanup shall contact the Contractor to request service.
The Contractor shall pickup authorized cleanup items from all multi-family customers at a Collection location
acceptable to Contractor and the Contractor shall pickup authorized cleanup items from all multi-family
customers at a Collection location acceptable to Contractor and Manager, Owner or Homeowner's
Association.
Contractor will provide notice to single-family living units that the residents may place two (2) cubic
yards (14 bags, boxes or regular trash cans) at the curb per event, or one Bulky Item or appliance (e.g., water
heater or couch) plus seven (7) bags, boxes or cans, or two Bulky Items or appliances. Waste will be
collected on customer's regular trash Collection day. As appropriate, items are to be bagged in thirty-five (35)
gallon size trash bags, boxed or placed in 32-gallon trash cans provided by customer. Contractor will provide
notice to units setting forth that items set at the curb for these cleanups must weigh less than sixty (60)
pounds (except Bulky Items), be less than five (5) feet long and be capable of being easily loaded into
standard garbage packer trucks. Cleanup material shall not include dirt, rock, concrete, tires, stumps,
mattresses or other items prohibited from Disposal; or items not covered by the County Disposal Fee Waiver.
No Hazardous Waste will be collected Curbside. Loose material will not be collected. In all circumstances
where materials left Curbside present a health and safety hazard. Contractor shall immediately notify City
staff for disposition.
During cleanup events, residents will be advised to contact the Contractor directly to set up an
appointment for the Collection of used appliances (e.g., washers, dryers, stoves. refrigerators, freezers, etc.)
and Bulky Items (e.g., couches, mattresses, etc.). In the case of pick up of appliances containing Freon,
mercury switches, compressor oil, capacitors or other controlled waste, the City will be responsible for the
costs associated with removal of Freon or other controlled waste. The Contractor will coordinate with a
licensed entity for the removal of the controlled waste and bill the City for costs.
In the case of Multi-Family Residential Complexes, such as apartment buildings, condominiums and
townhouses, where solid waste is collected in centralized Bins and individual can service is not provided,
Contractor shall notify the person or entity responsible for refuse Collection at the complex of the semiannual
cleanup events. Such notification shall include instructions for requesting cleanup service from Contractor.
The type and quantity of material acceptable for these cleanups shall be the same as that described above for
single-family customers. Cleanup event is for residential customers and tenants only and not for businesses,
commercial accounts or property managers or Owners.
Contractor shall assist City staff in publicizing the bi-annual cleanup events through articles in the
recycling newsletter, the "Rohnert Park Recycling News", utility billing inserts and the Community Voice. In
addition to providing clear guidelines for materials Collection, the Contractor shall provide residents with
recycling and reuse information in order to promote waste reduction and the diversion of these materials from
the cleanup waste stream.
5.02.5 OIL COLLECTION
The Contractor shall provide used oil Collection for Single-Family Residences and Multi-Family
Residential Complexes as part of the Recyclable Materials Collection program. Upon request, the Contractor
will distribute spill-safe containers for the Collection of used motor oil and plastic bags for used oil filters. In
the case of Multi-Family Residential Complexes, tenants will be notified by Contractor that tenants may not
request oil Collection: only the Manager, Owner or Homeowner's Association is authorized to request such
service. Contractor shall collect used motor oil and used filters from Single-Family Residences that are placed
at the curb. Contractor shall collect used motor oil and used filters from Multi-Family Residential Complexes
at a location that is acceptable to the Contractor and Manager, Owner or Homeowner's Association. The
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Contractor shall provide replacement containers and filter bags to participants upon each Collection of oil
and/or filters.
Contractor shall safely store oil and used filters collected at its facility, and arrange for these
materials to be properly recycled. Contractor shall provide used motor oil and used filter recycling support
through community outreach, educational materials. and their web site.
5.03 RECYCLING SERVICES
Contractor shall collect Recyclable Materials as described in Exhibit F for Single-Family Residences,
Multi-Family Residential Complexes, and Commercial Businesses.
Contractor shall instruct Single-Family Residences, Multi-Family Residential Complexes (individual
residents and/or complex managers as appropriate), and Commercial Businesses as to preparation of
materials; the proper placement of Recycling Carts or Bins; and shall notify customers who fail to follow
these instructions with notices placed on containers. Repeated contamination of Recyclable Materials shall be
reported to City for intervention and billing as Refuse.
Contractor shall transport Recyclable Materials to a Processing Facility, process and market the
Recyclable Materials. The Recyclable Materials may not be disposed of at a Disposal Site, Transfer Station,
or any other location in lieu of Recycling the material without the expressed written approval of the City, as
specified in Article 4.4. Contractor shall make every effort to process Recyclable Materials in a manner that
produces the highest and best re-use of these materials.
5.03.1 SINGLE-FAMILY RESIDENTIAL RECYCLING SERVICE
Contractor shall collect and deliver to a Processing Facility, process and market Recyclable Materials
from Carts placed at the curb by Single-Family Residences. The Contractor shall provide scheduled weekly
Recycling Collection service, which shall correspond with the Single-Family Residential Refuse Collection
day for each resident.
5.03.2 MULTI-FAMILY RESIDENTIAL COMPLEX RECYCLING SERVICE
All Multi-Family Residential Complexes shall receive Recycling service. Each complex shall have
the option of Cart Service described in Article 5.3.2.A, Bin Service described in Article 5.3.2.B or a
combination of both types of service. Contractor shall assist each complex by recommending the number and
type of containers needed to service Occupants and achieve a diversion rate in excess of fifty percent (50%).
Contractor shall recommend the most effective locations on site for placement of containers. Contractor shall
provide educational materials and signage to reduce contamination.
A. MULTI-FAMILY RECYCLING CART SERVICE. Contractor shall collect and deliver to a
Processing Facility Recyclable Materials from Carts placed at the curb or in designated Refuse
and Recycling area by each resident of Multi-Family Residential Complexes. The Contractor
shall provide scheduled weekly Recycling Collection service, which shall correspond with the
Multi-Family Residential Complex Refuse Collection day. More frequent Collection service shall
be provided by Contractor if necessary, to resolve space constraints with smaller containers at
Multifamily Complexes.
B. MULTI-FAMILY RECYCLING BIN SERVICE. Contractor shall collect and deliver to a
Processing Facility, process and market Recyclable Materials from Bins placed in designated
areas collected as scheduled with Generator to meet and exceed a fifty percent (50%) diversion
rate. Recycling Materials shall be collected weekly at a minimum, and more often as needed.
5.03.3 COMMERCIAL RECYCLING PROGRAM
The contractor shall collect and deliver to a Processing Facility, process and market Recyclable
Materials from Bins or Carts collected as scheduled with the Generator, but at least once a week. The
Commercial Business Recycling program shall include four components: (1) commercial Recyclable
Materials streams, (2) container sizes and Collection options, (3) sufficient business recycling containers
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provided to all business locations at no additional charge to divert greater than 50% of commercial refuse at
each site, and (4) education and Recycling support.
A. COMMERCIAL RECYCLABLE MATERIAL STREAMS FOR COLLECTION. Contractor
shall provide the following specific commercial Recyclable Materials streams to be collected
from City businesses:
• Cardboard
• Office Paper
• Mixed paper (including cardboard)
• Mixed containers (glass, plastic, aluminum)
Descriptions of the specific commercial Recyclable Materials to be collected are provided in
Exhibit F.
B. CONTAINER SIZES AND COLLECTION OPTIONS. Contractor shall provide sufficient
containers of varying sizes and Collection options to all of the City's businesses to make business
Recycling convenient and effective. Each account will require Recycling services with various
containers and Collection options (e.g.. centralized Recycling areas around groups of business,
Recyclable Materials Carts near trash locations or specific businesses, or Recyclable Materials
Bins where space within a trash enclosure allows). Contractor shall offer smaller Recyclable
Materials Bins and Carts to address space constraints and convenience at each site, and shall offer
more frequent Collection than weekly as required by Generator to adequately service such
containers.
C. DRY COMMERCIAL MIXED WASTE PROGRAM. At no charge to customers or City,
Contractor will provide Collection of Dry Commercial Mixed Waste in accordance with this
section. The Dry Commercial Mixed Waste program is intended as an alternative to disposal of
Refuse collected in Refuse containers, not as an alternative to source separation of Recyclables.
The program is aimed at Commercial customers and Multi-Family customers with 5 or more
units. Contractor will have the discretion to determine which such customers will have their
Refuse containers collected as Dry Commercial Mixed Waste. Contractor will deliver the Dry
Commercial Mixed Waste collected for processing to the dry commercial mixed waste MRF
located at the Central Landfill (the “Approved Processing Facility”). Contractor will route as
much Dry Commercial Mixed Waste to the Approved Processing Facility as Contractor in good
faith deems feasible given the size and location of eligible customers, the profiles of waste
present in their respective waste streams, the cost of running a separate Dry Commercial Mixed
Waste route, and the Approved Processing Facilities capabilities. The program will operate
without customer subscription or involvement and with no separate Dry Commercial Mixed
Waste container. Contractor may cease the program if the Approved Processing Facility is
unavailable.
5.03.4 CHRISTMAS RECYCLING SERVICES
Contractor shall offer to Single Family Residences Collection of bundled and/or tied gift boxes,
cards, and cardboard placed Curbside next to the recycling can on regularly scheduled pickup days for two
consecutive weeks following the Christmas Day holiday. The dimension of bundled and/or tied items shall
not exceed 2'W X 2'L X 1'H (i.e., two (2) feet in length, by two (2) feet in width, by one (1) foot in height).
5.04 COMPOSTABLE MATERIAL PROGRAM
Contractor agrees to collect and deliver to the local Composting Facility designated by City,
Compostable Materials that Generators separate from Refuse in Compostable Containers for Collection. City
shall designate the Composting Facility(s) where Compostable Materials shall be delivered. The Processing
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Facility may process the material as compost or mix the material with bio-solids and process the material as
compost.
Contractor shall collect Organic Materials from Commercial Businesses separated from Refuse on a
separate route(s) and deliver to the local Organic Materials Processing Facility designated by City. City shall
designate in writing prior to the Effective Date of this Agreement the Organic Materials Processing Facility
where Organic Materials shall be delivered.
The City may at any time, designate a different Processing Facility to receive Compostable Materials
or Organic Materials collected under the Agreement. The Contractor shall ensure that the new Processing
Facility receives Compostable Materials collected under the Agreement within sixty (60) days of such
designation by the City.
Contractor shall be entitled to an adjustment (either an increase or decrease) in its compensation for
Transportation in accordance with Section 5.08 if changes in the designated Composting Facility result in
increased mileage of more than ten (10) miles one way. The compensation shall be associated with the
distance beyond the ten-mile threshold. By way of example, if the increased mileage, one way, to the newly
designated Composing Facility is twelve (12) miles, only the additional two (2) miles shall be relevant for
any such cost adjustment.
5.04.1 SINGLE-FAMILY RESIDENTIAL. COMPOSTABLE MATERIALS WEEKLY
SERVICE
Contractor shall collect and transport to the Composting Facility designated by City all Compostable
Materials collected from Carts placed at the curb by each Single-Family Residence.
Contractor shall collect and deliver to a Composting Facility Compostable Materials from Carts
placed at the curb of Single-Family Residences. The Contractor shall provide scheduled weekly Collection
service, which shall correspond with the Single-Family Residential Refuse Collection day.
5.04.2 MULTI-FAMILY RESIDENTIAL COMPLEX AND COMMERCIAL BUSINESS
COMPOSTABLE MATERIALS SERVICE
Contractor shall provide Compostable Containers to all Multi-Family Residential Complexes (such as
condominiums, mobile home parks and small complexes of two to eight units) that can be serviced by
Curbside Refuse and Recycling services, and shall collect and transport to the Composting Facility
designated by City all Compostable Materials collected from Carts placed at the curb by each Occupant of
such Multi-Family Residential Complex. No extra charge shall apply to such service.
Contractor shall, upon request of a Generator, provide Cart or Bin Compostable Containers to larger
Multi-Family Residential Complexes and Commercial Businesses, and shall collect and transport to the
Composting Facility designated by City all Compostable Materials from Cans or Bins placed in the
designated areas for such Multi-Family Residential Complexes and Commercial Businesses. Separate service
fees will apply for Compostable Materials Cart service. Contractor shall provide service as scheduled with
Generator, but a minimum of every other week Collection service.
A. Commercial Source Separated Food Waste Program. In accordance with Section 2.3 of the Waste
Delivery Agreement, Contractor shall provide Source Separated Food Waste Collection Services
to Commercial Service Recipients at no charge to the City or its rate payers.
5.04.3 CHRISTMAS TREE PICKUP
Christmas trees shall be collected in one of three ways: (1) Cut up and placed in Compostable
Materials Containers on regular Collection day; (2) Collection from Debris Boxes at the City corporation
yard (residential drop-off location); or (3) the Generator may pay a nonprofit organization designated by the
City Council to collect the Christmas trees and bring them to the location designated by the City.
Contractor shall supply a Roll-Off Container, to be placed at a location determined by the City, to
provide a drop-off service for Christmas trees. The Roll-Oil-Container shall be serviced on a regular basis
and the surrounding area kept free of any debris. Christmas trees shall be recycled in a manner to count as
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diversion by CalRecycle. Trees that are flocked and contain tinsel or other decorations shall be collected
separately for Disposal. The Debris Box shall be delivered the following business day after Christmas and
serviced until mid-January or in cooperation with the Sonoma County Waste Management Agency Drop-Off
Programs.
5.04.4 CURBSIDE CHRISTMAS TREE COLLECTION OPTION
Contractor shall offer to Single-Family Residences and Multi-Family Residential Complex residents
Curbside Collection of Christmas trees during a two- (2) week period as agreed upon and approved by the
City. Christmas trees will be collected on the regular Collection day during the designated week.
5.05 HOUSEHOLD DRYCELL BATTERY RECYCLING PROGRAM
Contractor shall provide Collection services for City-sponsored Household dry cell Battery Recycling
Program. Contractor shall collect recycled Household Batteries from all City locations identified in Exhibit B.
City staff shall notify Contractor when battery containers become full to request pickup. Contractor shall
accommodate requests from City staff for routine and/or more frequent pickups.
The Contractor will arrange for the transportation and Disposal of dry cell batteries at a facility
authorized to manage Hazardous Waste such as the Sonoma County Waste Management Agency Hazardous
Waste facility located at the Sonoma County Central Disposal Site. Contractor will report annual Disposal, by
weight, to the CalRecycle.
5.06 CITY FACILITIES AND EVENTS COLLECTION
Contractor shall provide containers and Collection of Refuse, Recyclable Materials and Compostable
Materials to all City facilities identified in Exhibit A. Contractor shall also provide Collection of Refuse,
Recycling Materials, and Compostable Materials disposed of in City-owned cans located throughout the City
three times or more per week. Contractor shall provide Refuse, Recycling Materials, and Compostable
Materials services for special events as set forth in Exhibit C. The size of the Bin or Cart and the frequency of
Collection shall be determined between the City and Contractor. Compostable Materials services are required
only at the Department of Public Works, where all City Compostable Materials are deposited. The services
required by this section shall be provided at no charge to the City, but the cost of providing such service shall
be an allowable expense under Article 8.
Contractor shall also provide portable toilet service in City's parks and other City facilities on a
schedule and frequency as agreed on between the City and Contractor. Contractor shall provide portable toilet
service at no cost to the City.
5.07 REMOVAL OF HAZARDOUS WASTE
If Contractor determines that material placed in any container for Collection is Hazardous Waste,
Designated Waste, Infectious Waste, or other material that may not legally be disposed of at the Disposal Site
or Processing Facility or presents a hazard to the Contractor's employees, the Contractor shall have the right
to refuse to accept such material. The Generator shall be contacted by the Contractor and requested to arrange
proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, prior to leaving the
Premises, leave a tag at least 2" x 6" which lists the phone number for the Sonoma County Waste
Management Agency Household Hazardous Waste Program, indicating the reason for refusing to collect the
material. If the material could result in imminent danger to people or property, the Contractor shall notify the
Rohnert Park Department of Public Safety using the "911" emergency number as soon as possible. The
Contractor shall notify the City of any such material left at any Premises for 14 days or more, If the material
is delivered to the Disposal Site or a Processing Facility before its presence is detected and the Generator
cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange
for its proper Disposal. The Contractor shall make a good faith effort to recover the cost of Disposal from the
Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator. The
Contractor shall be entitled to include the costs incurred under this section as an operating expense for
purposes of compensation under Article 8 and shall include all sums recovered by it from Generators as
"Other Income."
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5.08 TRANSPORTATION OF REFUSE, RECYCLABLE MATERIALS AND COMPOSTABLE
MATERIALS
Contractor shall transport all Refuse and Compostable Materials collected under this Agreement to
the Disposal and Processing Facilities designated by the City, and all Recyclable Materials to the City
approved Recycling Facility for Processing. Contractor shall maintain accurate records of the quantities of
Refuse, Recyclable Materials, and Compostable Materials transported to the Disposal Site, Processing
Facility, or Composting Facility and will cooperate with City in any audits, reporting or investigations of such
quantities.
Contractor shall cooperate with the operator of the Disposal Site and Processing Facilities with regard
to operations therein, including, for example, complying with directions from the operator to unload
Collection vehicles in designated sorting or Disposal areas, to participate in diversion and Recycling
programs. to allow load checking, to properly handle Hazardous Waste, accommodating maintenance
operations and construction of new facilities, and cooperating with its Hazardous Waste Exclusion Program.
5.09 PROCESSING OF REFUSE, RECYCLABLE MATERIALS, AND COMPOSTABLE
MATERIALS
Contractor shall dispose of all Refuse collected under this Agreement at the Disposal Site designated
by City. Unless and until City otherwise designates a different Disposal Site in writing, the Disposal Site shall
be the Sonoma County Central Disposal Site.
If the Contractor expects, during the Term of this Agreement, to be prevented from delivering Refuse
to the Disposal Site designated by the City, it shall notify the City immediately. Contractor shall then identify
alternative Disposal Sites and evaluate costs and environmental impacts. Such evaluation shall include the
Disposal fee. Transportation cost, routes to site, traffic impacts, other environmental impacts, diversion
programs, Recycling facilities, permit status, any known permit enforcement proceedings and any other
criteria used by the Contractor in recommending alternative Disposal Sites. It shall then present its
recommendations and evaluation of alternatives described above to City. City shall either approve the
Contractor's recommended Disposal Sites or designate another Disposal Site in writing. Contractor will
thereafter dispose of Refuse at the site designated by the City.
Unless and until City otherwise designates a different Recyclable Materials Processing center in
writing, the Recyclable Materials Processing center shall be the Timber Cove Recycling Facility on Standish
Avenue in Santa Rosa. City reserves the right to redirect Recyclable Materials collected under this Agreement
to a Processing Facility determined by the City. If City redirects Recyclable Materials to an alternate
Processing Facility, Payment for Services to Contractor shall be adjusted for differences in the cost of
Transportation, Disposal, and Processing of the material in accordance with Section 8.03.2.A. Contractor
shall dispose of all Recycling Residue at a location designated by the City. Unless and until City
otherwise designates a different Disposal Site in writing, the Disposal Site shall be the Sonoma County
Central Disposal Site. If City redirects Recycling Residue to an alternate Processing Facility, Payment for
Services to Contractor shall be adjusted for differences in the cost of Transportation, Disposal, and
Processing of the material as determined by City in accordance with Section 8.03.2.A.
Unless and until City otherwise designates a different Composting Facility in writing, the
Composting Facility shall be the Sonoma County Central Disposal Site. City reserves the right to redirect
Compostable and Organic Materials collected under this Agreement to a Composting Facility determined by
the City. If City redirects Compostable and Organic Materials to an alternate Composting Facility, Payment
for Services to Contractor shall be adjusted for differences in the cost of Transportation, Disposal, and
Processing of the materials in accordance with Section 8.03.2.A.
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5.10 COLLECTION STANDARDS
5.10.1 CARE OF PRIVATE PROPERTY
Contractor shall use due care when Handling Refuse, Recyclable Materials, and Compostable
Materials Containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken.
Containers shall be returned to the Collection point upright, with lids properly secured. The City may levy
liquidated damages for repeat occurrences in accordance with Article 11.05 of this Agreement.
Contractor shall ensure that its employees close, and relock if applicable, all gates opened by them in
making Collections, unless otherwise directed by the Generator, and avoid crossing landscaped areas and
climbing or jumping over hedges and fences for any backyard/side-yard service provided to the elderly and/or
disabled.
City shall refer Complaints about damage to private property to Contractor. Contractor shall repair all
damage to private property caused by its employees' negligence or willful misconduct, including but not
limited to driveways and roads damaged by Contractor's trucks.
5.10.2 LITTER ABATEMENT
A. Minimization of Spills. Contractor shall use due care to prevent Refuse,
Recyclable Materials, and Compostable Materials from being spilled or scattered during the
Collection or Transportation process. If any Refuse, Recyclable Materials, or Compostable
Materials are spilled during Collection, the Contractor shall promptly clean up all spilled
materials.
Contractor shall not transfer loads from one vehicle to another on any public street, unless it
is necessary to do so because of mechanical failure, hot load (combustion of material in the
truck), accidental damage to a vehicle, or unless approved by the City.
B. Cleanup. During Collection, the Contractor shall clean up litter in the immediate vicinity of
any Refuse, Recyclable Materials, or Compostable Materials storage area (including the areas
where Collection Bins and Roll-Off Containers are delivered fir Collection) whether or not
Contractor has caused the litter. Each Collection vehicle shall carry a broom and shovel at all
times for the purpose of cleaning litter. Cat litter shall be used for liquid spill cleanups. The
Contractor shall discuss instances of repeated litter not caused by it, directly with the
Generator responsible, and shall report such instances to City. In situations where the
Contractor has already attempted to do so without success, the City shall attempt to rectify
such situations with the Generator.
C. Covering of Loads. Contractor shall cover all open Debris Boxes at pick-up location prior to
transport to the Disposal Site.
5.10.3 HOURS OF COLLECTION
Scheduled Collection of Refuse, Recyclable Materials, and Compostable Materials in residential
areas may occur only between the hours of 6:00 a.m. and 6:00 p.m., and in commercial areas, only between
the hours of 4:00 a.m. and 6:00 p.m. Commercial customers adjacent to residential structures or areas shall
not be serviced prior to 6:00 a.m. Should City receive what is in its sole opinion sufficient Complaints from
residential customers regarding the 6:00 a.m. start time, City may direct Contractor to schedule Collection
from residential areas commencing at 6:30 a.m., and Contractor shall comply with City's direction within five
(5) business days.
5.10.4 NOISE
All Collection operations shall be conducted as quietly as possible and shall conform to applicable
federal, state, county and City noise level regulations, including the requirement that the noise level during
the stationary compaction process not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet
at a height of five (5) feet from the Collection vehicle. The City may conduct random checks of noise
emission levels to ensure such compliance. The only exception to this noise rule is for back-up buzzers on the
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trucks that may exceed the 75 decibels at a distance of 25 feet. All Collection vehicles shall comply with U.S.
Environmental Protection Agency (EPA) noise emission regulations and other applicable noise control
regulations. Contractor shall, within two (2) working days, resolve any Complaints of excessive noise to the
satisfaction of the City.
5.10.5 HOLIDAY COLLECTION SCHEDULE
During the week of the holidays shown on Exhibit H, Collection shall be delayed by one day
following the holiday except when the holiday falls on a Saturday or Sunday. The Contractor shall provide at
least a two- (2) week notice to all customers regarding the holiday week schedule changes. Contractor shall
publish and distribute a holiday schedule to all Generators at least annually.
5.10.6 PERMANENT CHANGES IN SERVICE DAYS
The Collection day may change with prior written approval from the City. Once approved, Cart
Service customers shall be notified four (4) weeks prior to any schedule changes to Refuse, Recycling, and
Compostable Materials services. A reminder notice to all affected customers shall be sent during the week
prior to the change. Contractor will not permit any customer to go more than seven (7) days without service
in connection with a Collection schedule change.
5.10.7 REVIEW OF PLANS SUBMITTED TO BUILDING DIVISION
Upon request of City's Building Official, Contractor shall review building and development plans
submitted to the Building Division to ensure compliance with Public Resources Code section 42648, et seq.
and AB 2176 (Montanez, Chapter 879, Statutes of 2004) and to ensure Contractor has adequate access to
trash enclosures and trash Collection facilities. Contractor shall provide approval, or plan review comments,
no later than five (5) business days from the original receipt of plans from the City.
5.11 VEHICLES
5.11.1 GENERAL
Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently
perform the work required by the Agreement in strict accordance with its terms. Contractor shall have
available sufficient back-up vehicles for each type of Collection vehicle used (i.e., side loader, front loader,
and roll-off to respond to Complaints and emergencies). Contractor shall maintain detailed records of the
dates, hours, operational costs and material Disposal costs incurred when using spare trucks to service the
City. All costs for vehicles used solely to service the City shall be tracked by vehicle number, and records
retained for the duration of this Agreement.
5.11.2 SPECIFICATIONS
Contractor is obligated to ensure that all Solid Waste Collection Vehicles (“SWCVs”) shall meet or
exceed California Air Resources Board standards under the SWCV Rule. All vehicles used by Contractor in
providing Collection services shall be registered with the California Department of Motor Vehicles. All such
vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow. Vehicles shall also
be equipped with safety features that enable drivers to avoid making contact with other vehicles, their
passengers and/or pedestrians.
5.11.3 VEHICLE IDENTIFICATION
Contractor's name, local telephone number, and a unique vehicle identification number for each
vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one-half (2
1/2) inches high. Contractor shall not place the City's logo on its vehicles. Contractor shall not use vehicles
identified for use in Rohnert Park in ally other jurisdiction without prior approval from the City.
5.11.4 INVENTORY
A. Contractor shall furnish sufficient equipment to provide all service required under this
Agreement. Contractor shall furnish the City a written inventory of all vehicles, including,
Collection vehicles, used in providing service, and shall update the inventory whenever there is a
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change in vehicles used for City services, but at a minimum annually. The inventory shall list all
vehicles by manufacturer and model year: all equipment by ID number, date of acquisition, type,
capacity and depreciable life.
B. Replacement vehicles. Contractor shall replace all Collection and street sweeping vehicles in
accordance with the replacement schedule in Exhibit P. Contractor has received a rate increase in
accordance with 2017 Detailed Rate Review for compensation for the acquisition of new
vehicles. If Contractor fails to replace all Collection and street sweeping vehicles with new
vehicles by December 31, 2018, liquidated damages will be levied in accordance with Section
11.05 and Exhibit G.
5.11.5 CLEANING AND MAINTENANCE
A. General. Contractor shall maintain all of its properties, facilities, and equipment used in
providing service under this Agreement in a safe, neat, clean, and operable condition at all
times.
B. Cleaning. Vehicles used in the Collection of Refuse, Recyclable Materials, and Compostable
Materials shall be thoroughly washed and thoroughly steam cleaned on a minimum of one (1)
time per week or more frequently if necessary so as to present a clean appearance of both the
exterior and interior compartment of the vehicle. City may inspect vehicles at any time to
determine compliance with sanitation requirements. Contractor shall make vehicles available
to any state or federal agency requesting an inspection, at any frequency it requests.
C. Maintenance. Contractor shall: (i) inspect each vehicle daily to ensure that all equipment is
operating properly and vehicles that are not operating properly shall be taken out of service
until they are repaired and do operate properly; and (ii) perform all scheduled maintenance
functions in accordance with the manufacturer's specifications and schedule. Contractor shall
keep accurate records of all vehicle maintenance, recorded according to date and mileage,
and shall make such records available to the City upon request.
D. Repairs. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment
for which repairs are needed because of accident, breakdown, or any other cause so as to
maintain all equipment in a safe and operable condition. If an item of repair is covered by a
warranty, Contractor shall obtain warranty performance. Contractor shall maintain accurate
records of repair, which shall include the date/mileage, nature of repair, and the signature of a
maintenance supervisor that the repair has been properly performed, and shall make such
records available to the City upon request.
E. Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure
location(s) in accordance with City's applicable zoning regulations.
5.11.6 OPERATION
Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety
and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or
limitations imposed by state or local weight restrictions on vehicles. Contractor shall have the right to refuse
unsafe loads and/or loads containing illegal materials.
5.12 CONTAINERS
5.12.1 GENERAL
All Carts, Bins, Roll-Off Containers and Compactors shall be provided to customers as part of
services provided by Contractor. Upon termination of the Agreement, the City reserves the right to take
ownership of all Carts, Bins, Roll-Off Containers and Compactors, or to request Contractor to collect some or
all containers.
Contractor shall provide containers for storage of Refuse, Recyclable Materials, and Compostable
Materials, which shall be designed and constructed to be watertight and prevent the leakage of liquids. All
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containers with a capacity of one cubic yard or more shall meet applicable federal regulations on Refuse Bin
safety and be covered with attached lids. All containers shall be painted standard colors and shall prominently
display the name and telephone number of the Contractor. Containers shall be designated with specific colors
approved by the City to distinguish between Refuse and Recycling containers. Recycling containers shall
include labels identifying the type of Recycling Materials to be deposited therein.
5.12.2 REFUSE CART CONTAINERS
A. SINGLE FAMILY RESIDENTIAL REFUSE CART SERVICE. Contractor shall supply
each Single Family Residence with a choice of one (1) 20-, 30-, 60-, or 90-gallon (or
equivalent size) Cart for the Collection of Refuse, Single-Family Residences may receive
multiple Refuse Carts for an additional fee.
B. MULTI-FAMILY RESIDENTIAL COMPLEXES REFUSE CART SERVICE. Contractor
shall supply each Multi-Family Residential Complex resident with a choice of one (1) 20-,
30-, 60-, or 90-gallon (or equivalent size) Cart for the Collection of Refuse, Multi-Family
Residents may receive multiple Refuse Carts for an additional fee.
C. SMALL COMMERCIAL GENERATOR CART SERVICE. Contractor shall supply each
Small Commercial Generator with one (1) 90-gallon Cart (or equivalent size) for the
Collection of Refuse, upon request. Small Commercial Generators may receive multiple
Refuse Carts for an additional fee.
5.12.3 REFUSE BIN CONTAINERS
Contractor shall supply each Bin Service Generator with a choice of size (1 to 6 yard) and number of
Bins for the Collection of Refuse. Large quantity Generators shall be offered the option of selecting a Roll-
Off Container or Compactor for Collection of Refuse (for permanent Refuse service only).
5.12.4 RECYCLING CONTAINERS
A. SINGLE-FAMILY RESIDENTIAL RECYCLING CART SERVICE. Contractor shall supply
each Single-Family Residence with a choice of a 60-, or 90-gallon (or equivalent size) Cart for
the Collection of Single Stream Recyclable Materials in one Cart.
B. MULTI-FAMILY RESIDENTIAL COMPLEXES RECYCLING CART. Contractor shall supply
each Multi-Family Residential Complex resident with a choice of a 60-, or 90-gallon (or
equivalent size) Cart for the Collection of Single Stream Recyclable Materials in one container.
Multi-family residents may receive multiple Refuse Carts at no additional fee.
C. COMMERCIAL RECYCLING CONTAINERS. Contractor shall supply each Commercial
Business with the option of Bin and/or Cart Recycling Service. Bin Service Generators shall have
the option of size (1 to 6 yard Bins) and number of Bins for the Collection of Recyclable
Materials. Cart Service Generators shall have the option of 90-gallon Carts for the Collection of
Recyclable Materials.
5.12.5 COMPOSTABLE MATERIALS CART SERVICE CONTAINERS
A. SINGLE-FAMILY RESIDENTIAL COMPOSTABLE MATERIALS CART SERVICE.
Contractor shall supply each Single-Family Residence with a 90-gallon Cart (or equivalent size)
for the Collection of Compostable Materials, and additional containers at no extra cost.
B. MULTI-FAMILY RESIDENTIAL COMPLEXES COMPOSTABLE MATERIALS CART
SERVICE. Contractor shall provide as an option 90-gallon (or equivalent size) Carts for the
Collection of Compostable Materials.
5.12.6 CLEANING, PAINTING, MAINTENANCE
Contractor shall steam clean and repaint all containers (other than Carts) so as to present a clean
appearance. All containers shall be maintained in a functional condition.
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5.12.7 REPAIR AND REPLACEMENT
A. BIN, ROLL-OFF CONTAINER, COMPACTOR REPAIR AND REPLACEMENT. Contractor
shall repair or replace all containers damaged by Collection operations within a one- (1) week
period.
B. CART REPAIR AND REPLACEMENT. Contractor shall replace, not more than once per year
without charge; containers that have been stolen or damaged. Additional Carts shall be charged to
the Single-Family Residences and Multi-Family Residential Complex residents at a rate approved
by the City in writing.
5.12.8 CITY-SPONSORED EVENT CONTAINERS
Contractor shall provide a sufficient number of containers for both Refuse and Recycling at City
events.
5.13 EDUCATION AND RECYCLING/RE-USE SUPPORT
Throughout the Term of the Agreement Contractor shall use best efforts to engage in activities that
support the City's commitment to achieve the transition to Zero Waste. Contractor will work both
independently and with City staff to develop and implement effective recycling and reuse programs, produce
and distribute useful educational materials that incorporate Zero Waste goals, perform public outreach,
provide incentives to businesses and individuals that reward and promote recycling and re-use, partner with
organizations that conduct recycle/re-use drop-off events, and advocate for legislated Extended Producer
Responsibility (EPR) Programs. Contractor shall adopt their own operations initiatives to achieve zero-waste
from refuse Collection activities.
5.13.1 NEW CUSTOMER START-UP PACKET
Contractor shall provide an information packet for new customers. Materials printed and distributed
shall contain the highest levels of recycled content, with a minimum of 20 percent post-consumer content.
Contractor shall include the following items, where applicable, in the packet to new customers:
• An initial mailing describing the specific Collection day and holiday service schedule.
• A "how to" brochure explaining the overall Recyclable and Compostable Materials programs
and the materials to be collected.
• The most recent semi-annual newsletter.
5.13.2 CONTINUING EDUCATIONAL ACTIVITIES
Throughout the term of this agreement Contractor shall provide information to Single-Family
Residences, Multi-Family Residential Complexes and Commercial Businesses through media including, but
not limited to, newsletters, utility billing inserts, flyers, door hangers, notification tags and direct contact. At
the request of City staff, Contractor shall generate educational articles for publication in the Community
Voice.
The Contractor shall conduct the following activities on a quarterly, semi-annual, annual and/or "as
needed" basis through the Term of the contract:
A. SINGLE FAMILY RESIDENTIAL CUSTOMERS
• A semi-annual newsletter to be distributed to all residents promoting and explaining the
programs and including Recycling education materials.
• Semi-annual utility Billings insert promoting and explaining the community cleanup events.
• A corrective actions notice for use in instances where the resident sets our inappropriate
materials.
• Semi-annual distribution of non-program related information on source reduction, re-use and
Recycling (e.g., junk mail reduction, Household Hazardous Waste events, grass cycling,
composting, etc.).
B. MULTI-FAMILY RESIDENTIAL COMPLEX CUSTOMERS
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• A semi-annual newsletter to be distributed to all residents promoting and explaining the
programs and including Recycling education materials.
• Semi -annual utility Billings insert promoting and explaining the community cleanup events.
• A corrective actions notice for use in instances where tenants set out inappropriate materials
shall be provided to the manager or Owner.
• Semi -annual distribution of non-program related information on source reduction, reuse and
Recycling (e.g., junk mail reduction, Household Hazardous Waste events, grass cycling,
composting, etc.).
C. COMMERCIAL BUSINESS CUSTOMERS
• Semi -annual printing and distribution of educational materials targeting commercial waste
streams (e.g. office paper, other paper and cardboard).
• Printing and maintaining clear container labels describing the contents that shall be placed in
the Recycling Bin.
• Contractor shall attend a minimum of four (4) business association groups (e.g., Chamber of
Commerce and other such organizations) to educate businesses on the Recycling programs,
answer questions, and provide information for signing businesses up for services.
• Contractor shall provide a semi-annual newsletter to be distributed to all businesses
promoting and explaining the programs. The newsletter shall be reviewed and approved by
City staff.
• Contractor shall provide a corrective actions notice for use in instances where the business
includes inappropriate materials, has contamination of Recyclables, or has inadequate Refuse
or Recycling services (e.g., overflow or excessive debris).
D. CITY’S SUPPLEMENTAL EDUCATION
• Annually, the City and Contractor will agree on one or more supplemental education
programs that target large Generators of waste. For example, supplemental programs may
include, but not be limited to, augmenting source reduction and Recycling practices among
those Generators known to contribute significant levels of divertible materials to landfills or
Generators known to contaminate Garbage and/or Recycling, Contractor shall report
progress, problems encountered, actions taken, and recommendations for future actions
quarterly.
• Contractor shall propose ads to City 60 days prior to placing in the Community Voice for
Christmas Tree Collection Services, Christmas Recycling Services, Curbside Community
Cleanup Events, the annual E-waste Event and other events as requested by City. At the
request of City staff, Contractor shall generate 2-3 brief educational articles for publication in
the Community Voice (e.g., Composting leaves in the fall, proper Disposal of medications).
The content for these articles may be taken directly from Contractor's bi-annual newsletter if
previously published and approved by the City.
5.13.3 RECYCLING VISITS AND EDUCATION
The Contractor shall provide a qualified Recycling Specialist to provide Recycling education to
Commercial Businesses, Multi-Family Residential Complexes, and Single-Family Residences. The Recycling
Specialist shall devote a minimum of eight (8) hours per week or 916 hours per year solely to the City
throughout the term of the contract.
The Recycling Specialist shall work with Commercial Businesses to encourage Recycling services.
The Recycling Specialist shall be available to new and existing businesses throughout the Term of the
contract for approximately four (4) hours per week. A minimum of 100 of the commercial Generators,
including all new accounts, in the City shall be visited annually to receive one-on-one education about
Recycling and assistance with implementing some type of Recycling program. Visits shall include, but not be
limited to, waste diversion and source reduction analysis; research of markets for specialized materials
generated by the Commercial Generator; as well as assistance in internal Collection and training efforts. The
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goal is to reduce waste and increase Recycling. The Contractor shall pursue opportunities to initiate take-back
programs in relevant Commercial Businesses. In subsequent years, businesses previously visited will require
follow-up visits by Contractor to determine if any improvements on current or additional diversion programs
are necessary. Quarterly reports with results shall be submitted by Contractor to the City. Targeted businesses
will be determined by Contractor in coordination with City staff each year.
The Recycling Specialist shall also work with Multi-Family Residential Complexes to encourage
Recycling services. The Recycling Specialist shall be available to new and existing complexes throughout the
Term of the contract for approximately four (4) hours per week. The Recycling Specialist shall assist multi-
family building Managers, Owners or Homeowner Associations in adding or changing services; they shall
provide one-on-one education about Recycling, offer assistance with implementing or enhancing Recycling
programs, and shall work with complexes to ensure that their residents are aware of, and may participate in,
the Community Clean-up Events and Christmas Tree Pick-up Program. A minimum of 100 Multi-Family
Residential Complexes shall be visited annually.
Direct educational contact with businesses, employees, property managers and tenants is the first
priority for the use of required time. The Recycling Specialist activities shall also include, but are not limited
to, speaking at Chamber of Commerce events, attending community events, offering Recycling education in
the schools, and conducting Recycling training classes throughout the year.
5.13.4 ANNUAL E-WASTE EVENT
Contractor shall organize and manage an annual E-Waste event with a certified E-waste recycler.
Contractor's responsibilities shall include, but not be limited to: (a) initiating contact with a certified E-waste
recycler; (b) establishing a date and time for the event that is acceptable to both the City and certified E-waste
recycler; (c) working with City staff to secure a location for the event; (d) working with certified E-waste
recycler to secure adequate staffing and transportation of E-waste; and (e) coordinating all activities
throughout the event to ensure its success. Contractor shall be responsible for ensuring that the total number
of pounds collected at the event is reported to the City within 60 days of the event.
5.13.5 COMPOSTABLE MATERIALS SPECIFICATIONS
Contractor shall prepare a flyer describing how to prepare Compostable Materials for Collection.
Contractor shall print a sufficient number of flyers to distribute to each new customer. Contractor shall
instruct Single-Family Residences, Multi-Family Residential Complexes, and Commercial Businesses as to
any necessary preparation and description of acceptable Compostable Materials. Compostable Materials
Specifications shall be published in the Contractor's bi-annual newsletter.
5.13.6 RECYCLABLE MATERIALS SPECIFICATION'S
Contractor shall prepare a flyer describing how to prepare Recyclable Materials for Collection.
Contractor shall print adequate numbers of flyers and other educational materials to distribute to each new
customer. Contractor shall inform Single-Family Residences, Multi- Family Residential Complexes, and
Commercial Businesses as to any contaminants in the Recyclables and describe the acceptable materials that
can be included in the Recyclable Materials Containers, by placing notices on containers. Recyclable
Materials Specifications shall be published in the Contractor's bi-annual newsletter.
5.13.7 CHRISTMAS TREE COLLECTIONS
Contractor shall notify all service recipients in writing of the dates, time, and places of all Christmas
tree Collections. Written notification shall be in the form of an ad placed in the Community Voice. In
addition to Christmas Tree Collections, Contractor shall incorporate information about Christmas Recycling
Services into the ad (i.e., 5.03.4 Christmas Recycling Services). The ad shall be published one week prior to
the Christmas Day holiday.
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5.14 PERSONNEL
5.14.1 GENERAL
Contractor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical,
and other personnel as may be necessary to provide the services required by this Agreement in a safe and
efficient manner.
5.14.2 DRIVER QUALIFICATIONS
All drivers shall be trained and qualified in the operation of waste Collection vehicles and must have
in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.
5.14.3 SAFETY TRAINING
Contractor shall provide suitable operational and safety training for all of its employees who utilize
or operate vehicles or equipment for Collection of Refuse, Recyclable Materials, or Compostable Materials or
who are otherwise directly involved in such Collection. Contractor shall train its employees involved in
Collection to identify, and not to collect, Designated Waste, Hazardous Waste, or Infectious Waste.
5.14.4 NO GRATUITIES
Contractor shall not permit its employees to demand or solicit, directly or indirectly, any additional
compensation or gratuity from members of the public for the Collection of Refuse, Recyclable Materials and
Compostable Materials under this Agreement.
5.14.5 EMPLOYEE CONDUCT AND COURTESY
Contractor shall use its best efforts to assure that all employees present a neat appearance and
conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer
courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the
work as quietly as possible. If any employee is found not to be courteous, to be driving in a dangerous or
reckless manner, or not to be performing services in the manner required by this Agreement, Contractor shall
take all appropriate corrective measures.
5.14.6 UNIFORMS
All employees of the Contractor performing field service under this Agreement shall be dressed in
clean uniforms with employee's name or numbered badge which also shows Contractor's name thereon at all
times while engaged in the work; no portion of this uniform may be removed while working.
5.14.7 PROVISION OF FIELD SUPERVISION
Contractor shall designate at least one qualified employee as supervisor of field operations. The field
supervisor will devote at least 50 percent (50%) of his or her time in the field checking on Collection
operations, including responding to Complaints.
5.14.8 CUSTOMER SERVICE REPRESENTATIVES
The customer service representatives shall be trained on specific Rohnert Park service requirements a
minimum of once per quarter. A Rohnert Park information sheet shall be provided to each customer service
representative for easy reference to Rohnert Park requirements. Information sheet, training agenda, and
associated documentation shall be forwarded to the City each quarter after the training.
5.14.9 CUSTOMER SERVICE/BILLING LIAISON
Contractor shall designate one (1) qualified employee and one (1) alternative to serve as customer
service/billing liaison to the City. The liaison will be available during business hours to coordinate billing,
customer service, and operational issues with the City.
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5.15 STREET SWEEPING SERVICES
Contractor shall provide weekly sweeping of all streets; island gutters, and noses, as well as the bi-
weekly sweeping of all City bike paths and public parking lots. The sweep shall occur within one (1) Work
Day following refuse Collection. Exceptions resulting from equipment breakdowns shall be immediately
reported to the CITY with a catch-up schedule.
Contractor shall amend the Street Sweeping schedule and modify routes upon request by City.
Contractor shall coordinate with City staff to ensure that modifications to existing Street Sweeping Services
do not adversely impact City Operations, Public Health and/or Public Safety. Refer to Exhibit I for listings of
streets, bike paths, and public parking lots.
Contractor shall provide Street Sweeping Services during the Term in accordance with the terms and
conditions of this Agreement.
5.15.1 MANNER OF SERVICE.
A. Contractor shall provide a complete sweep of all Curb Miles on all publicly maintained City
streets. Within any Curb Mile, Contractor shall be responsible for sweeping all curbs including
Median Islands and the corners from any cross street intersecting the subject street. Contractor
shall obey all laws governing the operation of the sweepers on a public street, and shall perform
its operations so that sweepers are traversing their routes in the normal direction of traffic.
B. Contractor shall furnish all materials, labor, supervision and equipment necessary to perform all
work required for regularly scheduled sweeping of all public streets in the City. Equipment must
conform to all federal, state, and local safety and environmental regulations. The City may
conduct random checks to ensure compliance. Exceptions resulting from equipment breakdowns
shall be immediately reported to the City with a catch-up schedule.
C. Contractor shall be solely responsible for the licensing, operation, maintenance, and repairs of its
street sweeping equipment. Contractor shall clean and maintain equipment as described in
Section 5.11.5, Cleaning and Maintenance.
D. Contractor shall also provide the sweeping services identified in Exhibit I, including an annual
500-hour time bank for unscheduled sweeping and related services to be assigned by the City
upon 24-hour notice. Emergency incidents including vehicle accidents, illicit discharges, and
other emergencies shall be responded to within two hours or less depending on the severity of the
incident.
E. Equipment must be property registered and insured in accordance with the motor vehicle laws of
the State of California.
F. All equipment used by the Contractor shall be kept in a neat and clean appearance, maintained in
top mechanical condition and properly adjusted, from an operational standpoint and from a safety
standpoint. All sweepers shall be equipped with an operational rotating amber dome light and
flashing lights.
G. A sufficient supply of spare brooms and other parts shall be readily available to ensure the timely
and continuous fulfillment of this Agreement.
H. Equipment must be capable of removing litter, leaves, and debris.
I. Vehicles must be equipped with dual gutter brooms and one suction head capable of sweeping at
a minimum a nine-foot path and smaller equipment capable of sweeping bike paths five (5) to
eight (8) feet wide.
J. Equipment operators are required to have the proper licenses to operate the equipment.
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5.15.2 MAPS
Contractor shall provide the Street Sweeping Service route maps to the City Representative upon
request, within ninety (90) days from receipt of written notice. The maps shall be provided in a format that
can be posted to the City website. Refer to Exhibit I for a listing of streets, bike paths, and public parking lots.
5.15.3 SWEEPING METHOD
Unsweepable items that impede sweeping, such as palm fronds, rocks, trash and debris shall be
removed from the sweeping path and properly disposed of by the operator rather than driving around them.
Items that impede sweeping and are immovable such as construction debris and impaired vertical or
horizontal clearance by tree limbs shall be reported to the City immediately for correction. Contractor is not
responsible for areas missed due to parked cars or other personal property. Sweeper operators shall
immediately report to Contractor and the City all illicit discharges observed during routes. Contractor shall
train all operators to recognize illicit discharges and storm water pollution sources prior to work as street
operators and annually thereafter, using City-approved training materials. Such training shall be documented
for review by the City.
In areas where drainage is a problem, Contractor shall make as many passes as necessary to remove
debris from standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other sweepable debris
shall be removed from the street during the sweeping operation. If standing water is over the top of curb, then
Contractor shall not be required to sweep that specific area. Sweeper operators shall report drainage problems
to Contractor and City on a monthly basis, or as deemed appropriate by Contractor.
5.15.4 STANDARDS OF SERVICE
All areas swept under this Agreement shall be thoroughly cleaned. All debris shall be picked up by
the sweeper unit and disposed of at Contractor’s expense as outlined in this Section 5.15. Sweeping shall
include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris that accumulates
between sweeps. Curb lines shall be swept along both sides of the roadway, or to the edge of pavement where
no curb exists, along all curbs on raised medians, over all portions of painted medians, painted left and right
turn pockets, and all intersection cross gutters. Sweeping shall normally require one pass over an area.
Contractor shall make additional passes or make such extra effort required to adequately clean the street to
the satisfaction of the City. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in
its swept path. The service standards in this Section 5.15 may be reviewed and modified as conditions
warrant to maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to
City.
The standards of performance which Contractor is obligated to meet are those good street sweeping
practices which leave the service area in a debris and dirt free condition.
5.15.5 WATER
Contractor shall obtain water services from the appropriate water utility or City, if deemed
appropriate, for the water necessary in the street sweeping operation, and the cost of the water shall be borne
by Contractor.
A. When possible, Contractor shall use reclaimed or tertiary recycled water.
B. Contractor shall not discharge liquid waste from the sweeper units onto City streets or into the
storm drain system.
C. Equipment must be equipped with an efficient water spray system for dust control, and the spray
system must be maintained in good operating condition.
D. Washing of sweepers on City property is prohibited. Any and all washing of sweeper units shall
be compliant with Section 5.11.5. Contractor shall implement best management practices when
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loading water into the street sweepers to prevent any overflow/potable water discharges into the
storm drain system.
5.15.6 SWEEPER SPEED
Contractor shall operate the sweepers at a speed of not more than five (5) miles per hour in residential
areas and eight (8) miles per hour in commercial areas when sweeping or when the sweeper brooms are
down, unless Contractor can demonstrate that the sweeper can operate efficiently and safely at a higher speed.
City will use industry standards, Environmental Protection Agency information, and the sweeper
manufacturers’ recommendations on the speed of sweepers when considering speeds.
5.15.7 WIDTH OF SWEEPER PATH
Contractor shall sweep a path, with all brooms down, with a width of not less than eight (8) feet
unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path
shall begin at the face of the curb, and include the flow line of the gutter. Unless blocked by parked cars,
Refuse Carts, Recycling Carts, or Compostable Materials Carts the face of the curb and gutter shall always be
included within the sweeper path. On those residential streets with no curb, the width of the sweeper path
shall be not less than nine (9) feet measured from the edge of the pavement toward the center of the street.
5.15.8 STREET SWEEPING FREQUENCY
A. Residential Streets. Contractor shall provide Street Sweeping Service for each Curb Mile of
residential streets in the City once a week on a scheduled route basis. However, in those instances
where the scheduled Street Sweeping Service day falls on a Holiday, Contractor shall adjust the
route schedule as set forth in Exhibit H, Contractor Holiday Schedule.
B. Commercial Streets. Contractor shall provide Street Sweeping Service for each Curb Mile of
commercial streets in the City weekly on a scheduled route basis. However, in those instances
where the scheduled Street Sweeping Service day falls on a Holiday, Contractor shall adjust the
route schedule as set forth in Exhibit H, Contractor Holiday Schedule.
C. Bike Paths and Public Parking Lots. Contractor shall provide Street Sweeping Service for bike
paths and public parking lots in the City bi-weekly on a scheduled route basis. However, in those
instances where the scheduled Street Sweeping Service day falls on a Holiday, Contractor shall
adjust the route schedule as set forth in Exhibit H, Contractor Holiday Schedule.
5.15.9 CHANGE IN FREQUENCY
The City may direct Contractor to change the frequency of street sweeping for any City street.
Contractor shall implement City-directed changes in frequency within fifteen (15) Work Days of receipt of
written notice from the City Representative to adjust sweeping frequency. Any changes under this Section
5.15 shall be treated as City-directed changes under Section 5.17.
5.15.10 STREET SWEEPING HOURS OF SERVICE
A. Residential Streets. Contractor shall provide Street Sweeping Service on residential streets
commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m. Monday-Friday. Street
Sweeping Services shall take place five days per week. The hours, days, or both of service may be
extended due to extraordinary circumstances or conditions with the prior written consent of the City
Representative. Sweeping in residential areas shall be coordinated with Collection Services to ensure
that sweeping occurs after collection of all Carts has been completed on a specific street.
B. Commercial Streets. Contractor shall provide Street Sweeping Service on commercial streets
commencing no earlier than 2:00. a.m. and terminating no later than 6:00 p.m. Monday-Saturday.
Street Sweeping Service shall take place six days per week. The hours, days, or both of service may
be extended due to extraordinary circumstances or conditions with the prior written consent of the
City Representative.
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C. Downtown Area. Street Sweeping in the downtown area or other areas as designated by the City
may commence no earlier than 2:00 a.m. and terminate no later than 6:00 a.m. Monday-Friday. The
City may restrict Street Sweeping hours in the downtown area or other areas where noise or traffic
negatively affects the surrounding neighborhoods.
D. Other Areas. Contractor shall provide bi-weekly (every other week) sweeping of all City bike paths
and public parking lots.
5.15.11 STREET CHANGES
City and Contractor acknowledge that it may be necessary or desirable to add or delete City Streets
for which Contractor will provide Street Sweeping Services or necessary to temporarily modify sweeping
schedules. City will provide notice of any such changes to Contractor which may be caused by the following:
• Construction or development on or along a street.
• Pavement maintenance activities, including the chip seal program or the slurry seal program.
• Special sweeping on alternative schedule.
• Other legitimate reasons that make sweeping impractical as determined by the City
Representative.
5.15.12 STREET ADDITIONS
As new streets are constructed and accepted by City, City may, at City’s sole option, designate such
streets as part of the Service Area for the purposes of Street Sweeping Services. If the City Representative
designates such streets as part of the service area, Contractor shall provide Street Sweeping Service on such
streets under the terms and conditions of this Agreement within fifteen (15) Work Days of receipt of written
notice from the City Representative to begin service.
5.15.13 STREET DELETIONS
City may require some City Streets to be temporarily or permanently removed from the list of
scheduled streets for which Contractor provides Street Sweeping Service under this Agreement. Contractor
shall immediately cease providing Street Sweeping Service to any City street upon receipt of written notice
from the City Representative to stop such service. When a City street has been temporarily removed from the
list of scheduled streets, Contractor shall resume Street Sweeping Service on such street in the next regularly
scheduled cycle following the receipt of written notice from the City Representative to resume service.
5.15.14 REVISED MAPS
Contractor shall revise the Street Sweeping Service route maps to show permanent addition or
deletion of City Streets as provided in Section 5.15.12 and Section 5.15.13 and shall provide such revised
maps to the City Representative upon request, within ninety (90) days from receipt of written notice. The
maps shall be provided in a format that can be posted to the City website.
5.15.15 HAZARDOUS WASTE
Contractor shall not be required to remove any Hazardous Waste from the street surface. If, in the
course of performing Street Sweeping Services, any suspected Hazardous Waste is encountered, Contractor
shall immediately report the location to the Rohnert Park Department of Public Safety, the City
Representative, and any other responsible agency.
5.15.16 DISPOSAL OF SWEEP WASTE
Contractor shall transport and deliver to the Disposal Facility designated by the City (currently the
Sonoma County Central Disposal Site) all Sweep Waste collected as a result of performing Street Sweeping
Services in a manner that satisfies Applicable Law. In the event the Disposal Facility is closed on a Work
Day or is otherwise unable to accept the Sweep Waste for disposal, Contractor shall transport and dispose of
the Sweep Waste at such other legally permitted Disposal Facility approved by the City Representative.
Sweep Waste recycling and processing shall be by mutual agreement between the Contractor and the City and
shall not be calculated as part of the annual diversion rate required in Section 4.05.
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5.15.17 SPILLAGE
During hauling, all Sweep Waste shall be contained, covered and enclosed so that leaking, spilling and
blowing of the Sweep Waste is prevented. Contractor shall be responsible for the immediate clean-up of any
spillage caused by Contractor.
5.15.18 SERVICE ROUTE CHANGES
Contractor shall submit to the City Representative, in writing, any proposed route change (including
maps thereof) not less than forty-five (45) Work Days prior to the proposed date of implementation.
The City Representative may provide written comments to Contractor on such proposed change no
later than ten (10) Work Days after receipt of the proposal from Contractor, and Contractor shall revise the
routes to reflect such comments and return them to the City Representative within ten (10) Work Days of
receipt of such comments.
Contractor shall not implement any route changes without the prior written approval of the City
Representative. If the approved route change will change the day on which Street Sweeping Service will
occur, Contractor shall notify the affected Generators of route changes not less than thirty (30) Work Days
before the proposed date of implementation in a manner approved by the City Representative.
5.15.19 OTHER CITY SWEEP SERVICE
If during the Term, circumstances exist that require work associated with the Street Sweeping Service
program that is not specifically provided for in this Agreement, the CITY Representative may require
Contractor to perform such other associated work (“OAW”).
When Contractor performs OAW, the labor, materials, and equipment used in the performance of
such work, and the additional compensation to Contractor for performing such work, shall be subject to the
prior written approval of the City Representative.
Examples of OAW that Contractor may be required to perform include: performance of special
sweeps, flood clean-up, street sanitation for parades and celebrations, City requested clean-up services, and
any contingency where sweeper and supporting sweeper equipment could assist in a particular instance.
Contractor shall provide certain OAW services within 24 hours of City request, including but not
limited to sweeping of a spill, accident, or other situations as deemed necessary by the City.
5.15.20 STREET SWEEPING EQUIPMENT
All Street Sweeping Service equipment used by Contractor in the performance of services under this
Agreement shall be of a high quality, adequate to meet standards of service provided for in this Article, and
shall be primarily regenerative air in design, however mechanical broom or vacuum systems must be
appropriate and in conformance with the City’s MS4 Permit. All vehicles to be used shall comply with the
provisions of Section 5.11 for collection vehicles to the extent such provisions could reasonably apply to
Street Sweeping vehicles.
A. STREET SWEEPING VEHICLES. Street Sweeping vehicles shall be designed and operated so as
to prevent Sweep Waste from escaping from the vehicles, including means of preventing collected
materials from leaking, blowing or falling from the collection vehicles.
B. Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor shall
provide its Street Sweeping vehicles to be in full compliance with Applicable Law, including but not
limited to State and federal clean air requirements (including, but not limited to, the California Air
Resources Board Diesel Particulate Matter Control Measures contained in California Code of
Regulations, title 13, sections 2020 et seq.), the Federal EPA’s Highway Diesel Fuel Sulfur
regulations and all other applicable air pollution control laws.
C. Vehicle Noise Level. All Street Sweeping Services shall be conducted as quietly as possible and
must comply with Applicable Laws, including federal EPA noise emission regulations, currently
codified at Code of Federal Regulations, title 40, Part 205, et seq.
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D. Reserve Equipment. Contractor shall have available to it, at all times, reserve Street Sweeping
Service equipment that can be put into service and operation within one (1) hour of any breakdown.
Such reserve equipment shall correspond in size and capacity to the equipment used by Contractor to
perform Contractor’s duties under this Agreement.
E. All equipment shall be maintained in good mechanical condition, including brushes and brooms that
shall be replaced at regular intervals. Contractor shall immediately clean any vehicle fluids (hydraulic
fluids, lubricating oils, etc.) that leak or spill from equipment into the street or public right of way.
F. Sweeping equipment shall not be stored on City property or in the public right of way unless
mechanical failure prevents immediate removal. In the event of mechanical failure, all efforts must be
made to remove the equipment from the public right of way as soon as possible. The City must
approve any overnight storage in public right of way or on City property.
G. All equipment is subject to inspection by the City at any time.
H. All sweepers shall have an operational strobe and back-up alarm and shall conform to all City,
Sonoma County, State and federal safety requirements.
5.15.21 COMMUNICATION
Contractor shall have direct communication with all sweeping operators in the field utilizing radios or
cellular telephones. Each sweeper operator shall have the ability to communicate verbal information
immediately to City staff, Police and Fire Department personnel, residents, and to report illicit storm water
discharges and hazardous street or drainage conditions to the City. Contractor shall also report missed routes
and citizen complaints and resolution to the City on a weekly basis, when applicable.
A. Contractor shall supply a 24-hour message telephone number to the City Representative so that the
City can notify Contractor of traffic counter installations.
B. Drivers shall be aware of their locations in order to raise their brooms and avoid destruction of traffic
counter cables. Contractor shall use due diligence to avoid traffic counter cables.
C. Deficiencies and Corrections. The City may also make regular unannounced inspections of Street
Sweeping Service locations if a swept area is deemed to be below acceptable performance standards,
the substandard section shall be re-swept within 24 hours of notification. Contractor shall re-sweep at
their own expense. The City shall be notified of the completed re-sweep.
5.15.22 CITY MS4 PERMIT
Contractor shall meet street sweeping requirements included in the City’s current Storm Water
Discharge Permit (Order NO. R1-2015-0030, NPDES NO. CA0025054) as it may be amended, revised, or
reissued from time to time (“MS4 Permit”).
5.16 CONTINGENCY PLAN
Contractor shall submit to City on or before the Effective Date, a written contingency plan
demonstrating Contractor's arrangements to provide uninterrupted service during mechanical breakdowns or
other "non-catastrophic" emergencies.
Contractor shall work with City to develop a written plan detailing the manner in which they will
operate and provide assistance to City recovery efforts following a natural disaster.
5.17 CITY-DIRECTED CHANGES
City may direct Contractor to perform additional services (including new diversion programs (e.g.,
Food Waste composting, billing services, etc.) or modify the manner in which it performs existing services.
Pilot programs and innovative services, which may entail new Collection methods, targeted routing, different
kinds of services and/or new requirements for Generators are included among the kinds of changes, which
City may direct. Contractor shall be entitled to an adjustment in its compensation in accordance with Section
8.03.2 for providing such additional or modified services but not for the preparation of its proposal.
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Contractor shall present, within 30 days of a request to do so by City, a proposal to provide additional
or expanded diversion services. At a minimum, the proposal shall contain a complete description of the
following:
A. Collection methodology to be employed (equipment, manpower, etc.).
B. Equipment to be utilized (vehicle number, types, capacity, age, etc.).
C. Labor requirements (number of employees by classification).
D. Type of materials containers to be utilized.
E. Provision for program publicity/education/marketing.
F. Estimated diversion to be achieved by volume or weight as applicable.
Five-year projection of the financial results of the program's operations in an operating statement
format including documentation of the key assumptions underlying the projections and the support for those
assumptions, giving full effect to the savings or costs to existing services.
Contractor acknowledges and agrees that City may permit other Persons besides Contractor to
provide additional Refuse and diversion services not otherwise contemplated. If Contractor and City cannot
agree on terms and conditions of such services in one hundred twenty (120) days from the date when City
first requests a proposal from Contractor to perform such services, Contractor acknowledges and agrees that
City may permit Persons other than Contractor to provide such services.
Article VI. OTHER RELATED SERVICES AND STANDARDS
6.01 BILLING
Starting on January 1, 2013, or at a date mutually agreed upon by the parties, the Contractor shall
establish the Customer Rates pursuant to the provisions of Article 8, at its sole discretion, for the types of
service provided, as well as hill and collect revenues from customers at those rates.
The Contractor shall prepare, mail, and collect payments for all Refuse and Recycling service bills,
and shall provide customer service for all account setups and billing-related matters. The Contractor may bill
in arrears.
6.01.1 SERVICE BILLING TICKETS
Contractor shall maintain numbered billing tickets for additional fee services, such as, but not limited
to, extra pickups, changes in service, Bin swaps, special pickups, or other related service requirements.
Service billing tickets shall confirm the service was delivered and the date of change to ensure proper billing.
6.02 GENERAL
Contractor shall maintain such accounting, statistical and other records related to its performance
under this Agreement as shall be necessary to develop the financial statements and other reports required by
this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and
reporting activities needed to comply with and to meet the reporting and program management needs of
Contractor, Applicable Law, and the requirements of this Agreement. To the extent, such requirements are set
out in this and other articles of this Agreement, they shall not be considered limiting or necessarily complete.
In particular, this section is intended to only highlight the general nature of records and reports and their
minimum content and is not meant to comprehensively define what the records and reports are to be and their
content. Further, with the written direction or approval of City, the records and reports to be maintained and
provided by Contractor in accordance with this and other articles of the Agreement may be adjusted in
number, format, or frequency.
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6.03 RECORDS
6.03.1 GENERAL
Contractor shall maintain records required to conduct its operations, to support requests it may make
to City, and to respond to audit or other requests from City. Adequate record security shall be maintained to
preserve records from events that can be reasonably anticipated such as a fire, theft, and earthquake.
Electronically maintained data/records shall be protected and backed up.
Contractor agrees that the accounting and other records of any and all companies conducting
operations addressed in the Agreement shall be provided or made available to City and its agents and/or
representatives during normal business hours. Contractor shall allow and permit City or City representative to
audit its accounting records and all other records required by this Agreement, and to meet with Contractor
personnel to verify data. Contractor shall cooperate to the fullest extent with City during such an audit
process.
6.03.2 MAINTENANCE OF FINANCIAL AND OPERATIONAL RECORDS
A. General. In order to effectuate the periodic rate review contemplated by Article 8, it is necessary
for Contractor to maintain accurate, detailed financial and operational information in a consistent
format and to make such information available to the City in a timely fashion.
B. Contractor's Accounting Records. Contractor shall maintain accurate and complete accounting
records containing the underlying financial and operating data relating to and showing the basis
for computation of all costs associated with providing services under this Agreement. The
accounting records shall be prepared in accordance with Generally Accepted Accounting,
Principles (GAAP) consistently applied. The purpose method of calculation and support for all
cost allocations shall be documented and maintained.
C. Inspection of Records. The City, its auditors and other agents, shall have the right, during
regular business hours, to conduct unannounced on-site inspections of the records and accounting
systems of Contractor and to make copies of any documents it deems relevant to this Agreement.
D. Retention of Records. Unless otherwise herein required, Contractor shall retain all records and
data required to be maintained by this Agreement for at least five (5) years after the expiration of
this Agreement.
Records and data required to be maintained that are specifically directed to be retained shall be
retrieved by Contractor and made available to the City.
Records and data required to be maintained that are not specifically directed to be retained that
are, in the sole opinion of the City, material to the rate review or to a determination of the
Contractor's performance under this Agreement, shall be retrieved by Contractor and made
available to the City upon request.
Records and data required to be maintained that are not specifically directed to be retained and
that are not material to a rate review and/or not required for the determination of the Contractor's
performance do not need to be retrieved by Contractor. In such a case, however, the City may
make reasonable assumptions regarding what information is contained in such records and data,
and such assumption(s) shall be conclusive in whatever action the City takes.
6.03.3 REFUSE RECORDS
Records shall be maintained by Contractor for City relating to:
A. Service recipient services.
B. Weight and volume by type (e.g., Refuse, Recyclable Materials, and Compostable Materials).
Where possible, information is to be separated among Single-Family Residences, Multi-Family
Residential Complexes, Commercial Businesses, and City-event services.
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C. Routes.
D. Facilities, equipment and personnel used.
E. Facilities and equipment operations, maintenance and repair.
F. Disposal and Processing Facility weight tickets for Refuse, Recyclable Materials, and
Compostable Materials. Residue will be allocated as a percent of all materials processed by
Contractor.
Contractor shall maintain records of all Refuse, Residue, Recyclable Materials, and Compostable
Materials collected in the City for the period of this Agreement plus five (5) years after its termination.
Records shall be in chronological and organized form, and readily and easily interpreted. In the event City
requests, Contractor shall provide all records of all Refuse, Residue, Recyclable Materials, and Compostable
Materials to City within thirty (30) days of discontinuing service.
6.03.4 RECYCLABLE MATERIALS AND COMPOSTABLE MATERIALS COLLECTION
SERVICE RECORDS
Records shall be maintained by Contractor that relate to:
A. Recyclable Materials and Compostable Materials Collection participation especially as related to
determining participation and set-out rates and implementing programs to increase existing
participation and to expand diversion (names, addresses, contacts made, etc.);
B. Recyclable Materials and Compostable Materials sales value;
C. Weight of material by type; and
D. End-use markets.
6.03.5 TRANSFER AND DISPOSAL RECORDS
Contractor shall maintain records of transfer, Disposal and Processing of all Refuse, Residue,
Recyclable Materials, and Compostable Materials collected by Contractor for the period of this Agreement
plus five (5) years after its termination. Records shall be in chronological and organized form and readily and
easily interpreted. In the event City requests, Contractor shall provide all records of transfer and Disposal or
Processing of all Refuse, Residue, Recyclable Materials, and Compostable Materials collected by Contractor
within thirty (30) days of discontinuing service.
6.03.6 EQUIPMENT RECORDS
Contractor shall maintain equipment records, which show the date purchased, model year, useful life
of asset, depreciation method and amount, financing method and rate. For vehicles, records shall include gas,
oil, maintenance and repair by vehicle number. Cost allocations and methods will be documented and
explained. Repair history, if applicable, for the following types of assets:
A. Vehicles used exclusively for servicing City
B. Spare vehicles shared with other jurisdictions
C. Equipment
D. Containers purchased for City services
E. Furniture and fixtures.
6.03.7 OTHER PROGRAMS' RECORDS
Records for other programs shall be tailored to specific needs. In general, they shall include:
A. Plans, tasks, and milestones; and
B. Accomplishments in terms such as dates, activities conducted quantities of products used,
produced or distributed, and numbers of participants and responses.
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6.03.8 CERCLA DEFENSE RECORDS
City views the ability to defend against Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, the City
regards the ability to prove where Refuse and Recycling Residue collected in the City was taken for transfer
or Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain, retain, and
preserve records, which can establish where Refuse and Residue collected in the City was disposed (and
therefore establish where it was not). This provision shall survive the expiration of the period during which
Collection services are to be provided under this Agreement. Contractor shall maintain these records for a
minimum of ten (10) years. Contractor shall provide these records to City in an organized and indexed
manner rather than destroying or disposing of them.
6.03.9 CUSTOMER SERVICE RECORDS
Contractor shall maintain records for City related to:
A. Number of calls received;
B. Length of time to answer and time on hold;
C. Categories (missed pickups, extra pickups, Complaints, damage, compliments, etc.) of calls;
D. Individual call and resolution log (including initial call date and resolution date):
E. Training records;
F. New Recycling account log and increased Recycling services.
6.04 REPORTS
6.04.1 GENERAL
A. Report Formats and Schedule. Records shall be maintained by Contractor in forms and by
methods that facilitate flexible use of data contained in them to structure reports, as needed.
Reports are intended to compile recorded data into useful forms of information that can be used
to, among other things: 1) Determine and set rates and evaluate the financial efficacy of operations; 2) Evaluate past and expected progress towards achieving the Contractor's diversion goals
and objectives; 3) Determine needs for adjustment to programs; and 4) Evaluate recipient service and Complaints.
Quarterly reports shall be submitted no later than 5:00 p.m. PT within forty-five (45) calendar days
after the end of the report quarter. If the forty-fifth (45th) calendar day falls on a day that City is closed or a
holiday, then the report shall be due on the next business day.
Annual reports shall be submitted no later than 5:00 p.m. on March 1 after the close of each fiscal
year ending September 30. Quarterly and Annual Reports shall be submitted, as directed by City
representative, electronically via e-mail to the City and its designated representative on a City approved
report form.
6.04.2 QUARTERLY REPORTS
Reports shall be presented by Contractor to show the following information. The attribution of
tonnage data to customer types, as described below, shall be done in accordance with Exhibit J.
A. Refuse Services. Provide total tonnage by Single-Family Residences, Multi Family Complexes,
and Commercial Businesses. Data for the prior year same quarter will be included for comparison
purposes.
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B. Recyclable Materials Services. Provide tonnage by Single-Family Residences, Multi-Family
Residential Complexes, and Commercial Businesses. Data for the prior year same quarter will be
included for comparison purposes.
C. Recyclable Totals. Indicate by material type the quarterly total of recyclable materials processed
and sold.
D. Compostable Materials Service. Provide tonnage by Single-Family Residences, Multi-Family
Residential Complexes, and Commercial Businesses. Data for the prior year same quarter will be
included for comparison purposes.
E. Customer Service 1) Provide number of customer calls by category (e.g., missed pickups, other Complaints,
compliments, etc.) 2) Provide number of resolved calls and number of unresolved calls (over five [5] days).
Provide explanations on unresolved calls. 3) Include Quarterly Customer service training logs
F. Curbside Cleanup/Christmas Tree/Special Services. Provide tonnage by service type
(Cleanup, Christmas Tree Collection, and Dry Cell Battery Collection Services). Include the
following information: 1) Disposal tonnage. 2) Diversion tonnage.
G. Education Quarterly Activities 1) Describe materials distributed and total number of locations visited. 2) Provide list of group names of meetings attended. 3) Provide list of Commercial Business and Multi-Family Residential Complexes contacted.
H. Notification Activities. Provide a listing and sample of all notices, newsletters, publications
activities that were conducted during the quarter.
I. Pilot and New Programs. For each pilot and/or new program, provide activity related and
narrative reports on goals and milestones and accomplishments. Describe problems encountered,
actions taken, and any recommendations to facilitate progress.
J. Summary Assessment. Provide a summary assessment of the overall Refuse, Recyclable
Materials, and Compostable Materials program from Contractor's perspective relative to financial
and physical status of program. The physical status is to relate to how well the program is
operating for efficiency, economy, and effectiveness relative to meeting all the goals and
objectives of this Agreement including particularly the Contractor's diversion goals. Provide
recommendations and plans to improve. Highlight significant accomplishments and problems.
K. Street Sweeping Services. Provide tonnage collected per Regional Water Control Board
(RWQCB) requirements. Data for the prior year same quarter will be included for comparison
purposes.
L. Diversion. Contractor shall provide documentation acceptable to City stating and supporting the
quarter’s diversion rate, as calculated in accordance with the provisions in Section 4.05.
6.05 ANNUAL REPORTS
6.05.1 ANNUAL REPORT REQUIREMENTS
The annual report shall be in the form of the quarterly reports and shall provide the same type of
information as required pursuant to Article 6.4.2 of this Agreement, summarized for the preceding four
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quarters. In addition, Contractor's annual financial reports/statements shall be included. The annual report
shall also include a complete inventory of equipment used to provide all services.
6.05.2 FINANCIAL INFORMATION
On or before 5:00 p.m. on March 1 after the close of each fiscal year ending September 30,
Contractor shall deliver to the City four (4) copies of the audited financial statement of Contractor operations
under this Agreement for the Contractor's preceding fiscal year. If the Contractor provides services not
provided for under this Agreement, then its financial statements shall include a supplemental combining
schedule showing Contractor's results of operations, including the specific revenues and expenses in
connection with the operations provided for in this Agreement separate from other operations included in
such financial statements. The financial statements and footnotes shall be prepared in accordance with
Generally Accepted Accounting Principles (GAAP) consistently applied and fairly reflecting the results of
operation and Contractor's financial condition. Annual financial statements shall be audited in accordance
with Generally Accepted Auditing Standards (GAAS) by a Certified Public Accountant (CPA) licensed (in
good standing) to practice public accounting in the State of California as determined by the State of
California Department of Consumer Affairs Board of Accountancy, and that the CPA opinion on Contractor's
annual financial statements shall be unqualified, and that the supplemental schedule be prepared on a
compiled basis.
6.05.3 RELATED PARTY ENTITIES
Because financial transaction between Related Party companies may not be "arm's length," it is
important to the City to ensure that such transactions are necessary and reasonable. Contractor agrees that all
financial transactions with all Related Party entities shall be approved in advance in writing by City and
disclosed annually (coinciding with Contractor's annual audited financial statements referred to in Section
6.05.2) to the City in a separate disclosure letter to the City. This letter shall include, but not be limited to, the
following information: A general description of the nature of each transaction, or type of (for many similar)
transactions, as applicable. Such description shall include for each (or similar) transaction the amounts,
specific Related Party entity, basis of amount (how amount was determined), and description of the allocation
methodology used to allocate any common costs. Amounts shall be reconciled to the Related Party entity
disclosures made in Contractor's annual audited financial statements referred to in this section.
Contractor intends to obtain those services from those related parties identified below and City
hereby approves these transactions:
Service Related Party
Processing and Marketing of Recyclables Timber Cove Recycling
Exhibit K contains the basis for payments to the Related Parties for the services described above and
the method by which those payments may be adjusted during the Term of this Agreement.
Prior to Contractor entering into other Related Party transactions, the Contractor shall seek and
receive approval from the City describing the nature of the services and the basis for payments to the Related
Party. Unless agreed to in writing and in advance, any costs from Related Parties shall be disallowed.
6.05.4 OPERATIONAL INFORMATION.
Upon request, Contractor shall provide the following information:
A. Routes by Service Type 1) Number of routes per day 2) Types of vehicles 3) Crew size per route 4) Number of full time equivalent (FTE) routes 5) Number of accounts per route 6) Total hours per service type
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7) Average cost per route
B. Personnel 1) Organizational chart 2) Job classifications and number of employees (e.g., administrative, customer service
representatives, drivers, supervisors, educational staff) 3) Wages by job classification 4) Number of full time equivalents (FTE) positions for each job classification 5) Number of hours per job classification
C. Productivity Statistics 1) Number of accounts per service type 2) Number of set-outs per service type 3) Tons per route per day
D. Maintenance 1) Average cost per service type
E. Operational Changes 1) Number of routes 2) Staffing 3) Supervision 4) Collection services
F. Equipment 1) Usage of vehicles for City — City vehicles and spares 2) Equipment inventory for City 3) Container inventory
6.06 DIVERSION PROGRAMS
Contractor shall build on the diversion, education and other required programs or actions required by
this Agreement, in order to surpass the diversion requirements of the California integrated Waste
Management Act of 1989 (Act) (California Public Resources Code Section 40000 et seq.). Contractor shall
schedule a meeting with the City or City’s designees quarterly, to describe the progress of each active
diversion program. Contractor shall document the results of the programs on a quarterly basis, including at a
minimum the tonnage diverted by material type and other such information requested by the Contractor
and/or City necessary to evaluate the performance of each program.
At each meeting, the City and Contractor shall have the opportunity to revise the program based on
mutually agreed upon terms. The City shall have the right to terminate a program if in its sole discretion, the
Contractor is not cost-effectively achieving the program's goals and objectives. Prior to such termination, the
City shall meet and confer with the Contractor for a period of up to ninety (90) days to resolve the City's
concerns. Thereafter, the City may utilize a third party, paid for by a reduction of Contractor's Payment for
Services, to perform these services if the City reasonably believes the third party can improve on Contractor's
performance and/or cost. Notwithstanding these changes, Contractor shall continue the program during the
meet and confer period and, thereafter, until the third party takes over the program.
6.07 RIGHT TO INSPECT RECORDS
The City shall have the right to inspect or review the income tax returns, payroll tax reports, specific
documents or records required pursuant to this Agreement, or any other similar records or reports of the
Contractor that City Manager or City Council shall deem, in their sole discretion, necessary to evaluate
annual reports, rate review applications provided for in this Agreement, and the Contractor's performance
provided for in this Agreement. City shall attempt to maintain the confidentiality of the records and
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information provided in this paragraph, consistent with the necessity of supporting any recommendations to
the City Council. Should City receive a Public Records Act request for this information, it shall notify
Contractor and Contractor may take whatever legal action may be available to it to prevent these documents
and this information from becoming public.
6.08 INSPECTION BY CITY
The designated representatives of the City shall have the right to observe and review Contractor
operations and enter its place(s) of business for the purposes of such observation and review at all reasonable
hours with reasonable notice.
6.09 PUBLIC/CUSTOMER SERVICE AND ACCESSIBILITY
6.09.1 OFFICE LOCATION
Contractor shall maintain a business office in the City, or such other location as the City approves,
for purposes of carrying out its obligations under this Agreement, such approval not being unreasonably
withheld. If the office is located outside of the City, Contractor must ensure that telephone calls to it from
locations within the City are billed as "local calls" by all telephone companies.
6.09.2 OFFICE HOURS
Contractor's office shall be open to the public from 8 a.m. to 5 p.m., Monday through Friday. The
office may be closed on Saturdays, Sundays, and designated holidays as described in Exhibit H.
6.09.3 AVAILABILITY OF REPRESENTATIVES
A representative of the Contractor shall be available from 8 a.m. to 5 p.m. Monday through Friday to
communicate with the public in person and by telephone. A message machine shall be available for residents
to leave a message during non-business hours. Calls shall be returned within twenty-four (24) hours, and
messages left on Friday, Saturday, or Sunday shall be returned no later than the end of the next business day.
6.09.4 TELEPHONE
Contractor shall maintain a telephone system in operation at its office from 8 a.m. to 5 p.m.
Contractor shall install telephone equipment sufficient to handle the volume of calls typically experienced on
the busiest days. If Generators are unable with reasonable effort to reach Contractor's office by phone, or are
subject to waiting time "on hold" of more than two (2) minutes prior to reaching a customer service
representative, City may require that Contractor install additional telephone lines or hire additional customer
service representatives. Liquidated damages may be levied for repetitive Complaints regarding waiting time
longer than two (2) minutes in accordance with Section 11.05. The phone system shall have the capability of
transferring incoming calls to the City billing department and allow for the City billing department to transfer
calls back to the Contractor's customer service center.
Customers will call one number for all issues related to Refuse, Recyclable Materials, and
Compostable Material services. The Contractor shall handle all calls regarding services including, but not
limited to, missed pickups, Complaints. changes in services, Bin repair, and other such service-related issues.
The City billing department will handle all calls regarding billing, account setup, and changes in ownership
issues.
6.10 CUSTOMER CONTACTS
Contractor shall be responsible for the prompt and courteous attention to and prompt and reasonable
resolution of, all Generator contacts. Contractor shall record in a separate log all contacts, noting the name
and address of contact, date and lime of contact, nature of contact issue, and nature and date of resolution.
The Contractor shall retain this contact log for the Term. In addition, Contractor shall compile a summary
statistical table of the contact log, satisfactory to the City, and submit the table to City each quarter.
Contractor shall respond to all contact issues from Generators within twenty-four (24) hours,
weekends and holidays excluded. In particular, if a contact issue involves a failure to collect Refuse from a
Premises, required by this Agreement, Contractor shall collect the Refuse in question within such 24-hour
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period, provided it has been delivered for Collection in accordance with the Rohnert Park Municipal Code
Chapter 8.12.
6.11 TITLE TO REFUSE
Once Refuse, Recyclable Materials, and/or Compostable Materials are placed in containers and
properly placed at the Collection location, ownership and the right to possession shall transfer directly from
the Generator to Contractor by operation of this Agreement. Subject to Contractor's objective to meet the AB
939 diversion goals and City's right to direct Contractor to process and dispose of Refuse at a particular
licensed site or to dispose of Refuse at a particular licensed Disposal Site, Contractor is hereby granted the
right to retain, recycle, process, dispose of, and otherwise use such Refuse, or any part thereof, in any lawful
fashion or for any lawful purpose desired by Contractor. Subject to the provisions of this Agreement,
Contractor shall have the right to retain any benefit resulting from its right to retain, recycle, process, dispose
of, or re-use the Refuse, which it collects. Refuse, or any part thereof, which is deposited at a Disposal Site,
transformation site, Transfer Station, or Processing Facility shall become the property of the Owner or
operator of the facility, once deposited there by Contractor. City may obtain ownership or possession of
Refuse placed for Collection upon written notice of its intent to do so; however, nothing in this Agreement
shall be construed as giving rise to any inference that City has such ownership or possession unless such
written notice has been given by City to Contractor.
6.12 NON-DISCRIMINATION
Contractor shall not discriminate in the provision of service or the employment of persons engaged in
performance of this Agreement on account of race, color, religion, sex, age, physical handicap, or medical
condition in violation of any applicable federal or state law.
6.13 REPORT OF ACCUMULATION OF REFUSE; UNAUTHORIZED DUMPING
Contractor shall direct its drivers to note (1) the addresses of any Premises at which they observe that
Refuse, Recyclable Materials, and Compostable Materials is accumulating and is not being delivered for
Collection; and (2) the address, or other location description, at which Refuse has been dumped in an
apparently unauthorized manner. Contractor shall deliver the address or description to City within five (5)
working days of such observation.
Article VII. FRANCHISE FEE, AB 939 AND OTHER FEES
7.01 CONTRACTOR’S PAYMENTS TO CITY
In consideration of the rights provided Contractor herein, Contractor shall make the following
payments to the City. These fees may be adjusted by City by resolution.
A. Franchise Fee and AB 939 Compliance and Diversion Fee. Contractor shall pay City an
exclusive rights fee of thirteen and one-half percent (13.5%) for the privilege of being awarded
the exclusive rights to provide refuse services in Rohnert Park established under this Agreement,
and an AB 939 compliance and diversion fee of three and one-half percent (3.5%) to offset the
expenses incurred by the City for preparing, adopting, and implementing the Source Reduction
and Recycling and Household Hazardous Waste Elements (SRRE and HHWE, respectively)
required by AB 939. The total franchise fee and AB 939 compliance and diversion fee amount
for this section (A) is seventeen percent (17%).
B. Refuse Vehicle Fee. Contractor shall pay City a refuse vehicle fee of eight and one-half percent
(8.5%) to offset the expenses incurred by the City for repairing and maintaining the City's public
streets caused by normal and ongoing use of Contractor's Collection vehicles.
For purposes of calculating the franchise fee amount for component (A) above, Gross revenue shall
be reduced by the amount of component (B). For purposes of calculating the franchise fee amount for
component (B) above, Gross Revenue shall be reduced by the amount of component (A).
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The City and Contractor agree that the Franchise Fee (1) represents the result of bona fide
negotiations between the City and Contractor, and (2) is reasonably related to the value of the rights granted
herein, including but not limited to the use of City property, City streets and rights of way, and staff
resources.
7.02 CONTRACTOR'S PAYMENT FOR RATE ADJUSTMENTS AND AMENDMENTS
Contractor shall be responsible for all costs associated with preparing amendments to the Agreement.
Contractor shall also be responsible for all costs associated with analysis of Customer Rates and Contractor
maximum compensation as determined to be necessary by the City and the Contractor. The analysis will be
performed through the City's own forces or by a qualified firm selected by the City.
7.03 CONTRACTOR’S PAYMENTS TO CITY
Payment to City shall be due, on the fifteenth (15th) day of the month, following the month the
revenues are collected. In the event that the 15th falls on a Saturday, Sunday, or holiday observed by the City,
Contractor shall make payment on the next business day. Each such payment shall be accompanied by an
accounting, which sets forth Contractor's Gross Revenues collected during the preceding month.
7.04 AUDIT OF PAYMENTS
No acceptance by City of any payment shall be construed as an accord that the amount is in-fact the
correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have
against Contractor for any additional sums payable under the provisions of this Agreement. All amounts paid
shall be subject to independent audit and recompilation by City. If, after the audit, such recompilation
indicates an underpayment, Contractor shall pay to City the amount of the underpayment and shall reimburse
City for all reasonable costs and expenses incurred in connection with the audit and recompilation within ten
(10) work days of receipt of written notice from City that such is the case. If after audit, such recompilation
indicates an overpayment, City shall notify the Contractor in writing of the amount of the overpayment, less
costs and expenses incurred in connection with the audit and recompilation. Contractor may offset the
amounts next due following receipt of such notice by the amount specified therein.
Article VIII. CONTRACTOR'S PAYMENT FOR SERVICES
8.01 GENERAL
Contractor's compensation provided for in this article shall be the full, entire, and complete
compensation due to Contractor for all labor, equipment, materials, and supplies, taxes, insurance, bonds,
overhead, disposal, profit, and all other things necessary to perform all the services required by this
Agreement in the manner and at the times prescribed.
Contractor will not look to City for payment of any sums under this Agreement. Contractor will
perform the responsibilities and duties described in this Agreement in consideration of the right to charge and
collect from customers for services rendered at rates established by Contractor, which shall not exceed the
Maximum Rates fixed by City from time to time.
8.02 CONTRACTOR'S BILLING OBLIGATION
In consideration of and as compensation for the services provided under this Agreement, the
Contractor shall, in its sole discretion, establish, charge and collect Customer Rates, except that such
Customer Rates shall not exceed the Maximum Rates. Contractor shall prepare and mail bills for services
provided by Contractor as provided for in this Article and shall receive customer payments according to this
Article. Notwithstanding the any other provision of this Agreement, the Contractor shall not bill or charge for
City Collection service. Contractor may charge customers an amount up to but not exceeding the Maximum
Rates as provided for in the attached Exhibit O to this Agreement and as may be adjusted under the terms of
this Agreement. Contractor is under no obligation to charge the Maximum Rates. Contractor shall impose no
other charges for services provided to customers.
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8.02.1 PARTIAL MONTH SERVICE
If, during a month, a customer is added to or deleted from Contractor's service area, the Contractor's
Billing shall be pro-rated based on the weekly Refuse rate (the weekly service rate shall be the Refuse rate
established in Exhibit O divided by four (4) times the number of actual weeks in the month that service was
provided to the Premises.
8.02.2 PRODUCTION OF INVOICES FOR SINGLE-FAMILY RESIDENCES
For single-family residences, the Contractor shall produce an invoice, in a form and format that is
approved by the City Manager, for services received under this Agreement in advance but no less than four
(4) times per year. The Contractor's invoice shall be remitted to the customer no earlier than the twentieth
(20th) day of the month proceeding the period for which service is being billed. As part of regular billing
services provided by the Contractor, the City may provide educational and other material to Contractor for
inclusion in the invoices provided by Contractor to single-family customers for Collection services.
8.02.3 PRODUCTION OF INVOICES FOR MULTI-FAMILY RESIDENTIAL
COMPLEXES AND COMMERCIAL BUSINESSES
For multi-family complexes and Commercial Businesses, Contractor shall produce an invoice, in a
form and format that is approved by the City Manager, for services received under this Agreement, monthly
for services performed during the prior month. Contractor's invoice shall be remitted to the customer no later
than the (10th) day of the month following the period for which service is being billed. As part of regular
billing services provided by Contractor, the City may provide educational and other material to Contractor for
inclusion in the invoices provided by Contractor to commercial customers for Collection services.
8.02.4 METHODS OF PAYMENT
Contractor shall provide the means for customers to pay bills through the following methods: cash,
checks, credit cards, internet payment service or automatic withdrawal from bank account.
8.02.5 DELINQUENT SERVICE ACCOUNTS
The Contractor shall report to the City Manager, on a monthly basis, all Single-Family customers
who have received Collection service and whose account is over sixty (60) days past due, and all Multi-
Family Residential Complexes and Commercial Business customers whose account is over thirty (30) days
past due. The Contractor shall add an administrative late charge of fifteen percent (15%) per month for
amounts due and remaining up unpaid for period of sixty (60) days after the end of the billing period. The
Contractor shall retain ten percent (10%) percent of the Administrative late charge and shall remit the
remaining five percent (5%) of the administrative late charge to the City annually, no later than the close of
each fiscal year ending December 31st. The Contractor may take such action as is legally available to collect
or cause collection of such past due amounts, including ceasing the provision of Collection services to any
customer due to non-payment following the procedures as set forth in Article 8.2.6 below, but in no event
shall cause a lien to be placed on the customer's property. City shall not be liable for and Contractor shall
release City from paying for any customer's bill or delinquency charges.
8.02.6 DISCONTINUANCE OF SERVICE
If the Contractor elects to discontinue Collection services for failure to pay for said services, the
Contractor shall, prior to discontinuance: (1) provide the customer with thirty (30) days prior written notices
of the intent to discontinue service, and (2) provide the City with fifteen (15) days prior written notice of the
intent to discontinue service to said customer. The Contractor shall not, however, discontinue service until
resolution of any good faith disputes concerning amount due to Contractor. A list of discontinued customers
shall be provided to the City's code enforcement officer.
8.02.7 REVIEW OF BILLINGS
The City Manager, or his designee, may require that Contractor to review its Billings to customers.
The purpose of the review is to determine that the amount Contractor is billing each customer is correct in
terms of the level of service (i.e. frequency Collection, size of container, location of container) being
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provided to such customer by Contractor. Contractor shall review customer accounts not less than every other
year, unless City shall direct Contractor to do so more frequently, and submit to City a written report of that
review annually on the anniversary of the effective day of this Agreement, unless otherwise directed by City
Manager. The intent of this section is for City to have the right to receive reports that will cover the entire list
of customers every other year. The scope of the review and the reviewer's work plan shall be submitted to
City for approval prior to submission of the first report.
In the event, of an overcharge, Contractor shall refund to Customers overcharges, including advance
payments for services that Customer subsequently canceled, within thirty (30) Days of Contractor's receipt of
Customer payment or Contractor's discovery of the overcharge.
8.02.8 NOTIFICATION OF BILLING CHANGES
On or about June 15,2018 and each subsequent June 15th thereafter, Contractor shall notify
customers of projected changes in Maximum Rates.
8.03 APPLICATION TO ADJUST MAXIMUM RATES
Beginning on May 1, 2018, and annually thereafter, Contractor may, subject to compliance with all
provisions of this Article, submit an application for an adjustment in Contractor's Maximum Rates as set forth
in Exhibit O to this Agreement. Such adjustment in Contractor's Maximum Rates would be effective July 1,
2018, and each July 1st thereafter.
8.03.1 RRI ADJUSTMENT APPLICATION
Beginning on May 1, 2018, and annually thereafter during the term of this Agreement. Contractor
may submit an application to the City to adjust Contractor's Maximum Rates, which are set forth in on
Exhibit O of this Agreement, by the REFUSE RATE INDEX ("RRI") adjustment set forth below. If
Contractor elects to submit an application for an adjustment to Contractor's Maximum Rates, such application
shall be submitted to the City both in written form and electronic form, showing current Maximum Rates, the
RRI indices, changes in the RRI indices, the amount of any such adjustment to the Maximum Rates, and a
complete schedule of the Contractor's proposed Maximum Rates.
The RRI adjustment shall be the sum of the weighted percentage change in the Annual Average of
each RRI index number between the base calendar year, which shall be the prior preceding calendar year
beginning January 1st and ending December 31st as contained in the most recent release of the source
documents listed in Exhibit M, ("REFUSE RATE INDEX") which is attached to and included in this
Agreement. Therefore, the first RRI adjustment will be based on the percentage changes between the Annual
Average of the RRI indices for the calendar year starting on January 1, 2017 and ending on December 31,
2017. The RRI shall be calculated using the RRI methodology included in Exhibit N.
Contractor may calculate a retroactive adjustment to the disposal element if an adjustment to the
tipping fee is effective after the previous July 1st application submittal, but prior to the current RRI
adjustment. In any year that Contractor fails to submit an adjustment application there shall be no adjustment
of the Refuse Rates. In any year that the calculation of the RRI results in a negative number, there shall be no
adjustment of the Refuse Rates. Instead the negative RRI number shall be added to the result of the
subsequent years RRI calculation and the result shall be the RRI adjustment for that subsequent year.
8.03.2 ADJUSTMENT FOR BILLING SERVICES
A. ADJUSTMENT FOR REDIRECTION TO ALTERNATE FACILITY. If City redirects
Recyclable Materials, Recycling Residue and/or Compostable and Organic Materials collected
under this agreement to an alternate Processing Facility, Contractor’s Maximum Rates shall be
adjusted for the differences in the cost of Transportation, Disposal, and Processing of the material
within a reasonable time following written request by Contractor, provided that such request
contains reasonably sufficient and reliable evidence of the respective difference(s) in cost.
B. ADJUSTMENT FOR CITY DIRECTED CHANGES. If City directs Contractor to provide
additional or modified services under Section 5.17, Contractor shall be entitled to an adjustment
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in its Maximum Rates, within a reasonable time following written request of Contractor, to
provide for changes in forecasted annual costs of operations and which adjustment shall include
any increase in compensation necessary to sustain a rate of return based upon a 90% operating
ratio pursuant to Exhibit N, provided that such request contains reasonably sufficient and reliable
evidence of the respective difference(s) in cost.
8.03.3 FINANCIAL INFORMATION.
On or before May 1, 2014, and annually thereafter during the term of this Agreement, as part of
its application for an adjustment in Contractor's Maximum Rates, Contractor shall deliver to City financial
information for the specific services performed under this Agreement for the preceding Agreement year. Such
financial information shall be in the format as set forth in Exhibit M (Refuse Rate Index), or as may be
further revised by City from time to time.
If Contractor fails to submit the financial information in the required format by May 1st, it is
agreed that Contractor shall be deemed to have waived its Application for an adjustment in Contractor's
Maximum Rates for that year. Notwithstanding the foregoing, Contractor's failure to provide the financial
information shall not preclude City from applying the RRI using the prior year's financial data, or pro forma
data if no prior year financial data is available, if that application would result in a negative RRI. If
Contractor's failure to submit the financial information required under this Section 8.03.3 is the result of
extraordinary or unusual circumstances as demonstrated by Contractor to the satisfaction of the City
Manager, City, at its sole discretion, may consider the request for the annual RRI rate adjustment.
Annual adjustments shall be made only in units of one cent ($0.01). Fractions of less than one
cent ($0.01) shall not be considered in making adjustments. The indices shall be truncated at four (4) decimal
places for the adjustment calculations.
As of June 15, 2014, and annually thereafter during the term of this Agreement, the City Manager, or
his or her designee, shall notify Contractor that Contractor's application for an adjustment in Contractor's
Maximum Rates is complete and deemed to be calculated correctly and Contractor may adjust it's the
Contractor's Maximum Rates to take place on the subsequent July 1st. In the event that the City Manager, or
his or her designee, finds that the Contractor has not correctly calculated its adjustment in Contractor's
Maximum Rates, the City Manager, or his or her designee, shall notify Contractor of any such calculation
errors and Contractor may resubmit it application, but any delay in adjustments due to Contractor's
calculation errors shall not be made retroactive on Contractor's Maximum Rates.
8.04 CITY OR CONTRACTOR REQUESTED DETAILED RATE REVIEW
The City or the Contractor may request a Detailed Rate Review to be conducted following the
procedures as specified in Exhibit N. However, a Detailed Rate Review shall not be conducted more than
once every three (3) Agreement years. A request for a Detailed Rate Review shall be made in writing at least
six months prior to the July 1st rate adjustment period for the year in which the results for the Detailed Rate
Review are to be applied. The Contractor shall pay the cost for the Detailed Compensation Review, and the
cost of such a Detailed Rate Review is an allowable pass-through cost.
Article IX. INDEMNITY, INSURANCE, FAITHFUL PERFORMANCE
9.01 HAZARDOUS SUBSTANCE INDEMNIFICATION
Contractor shall defend with counsel selected by City and indemnify. protect and hold harmless, the
City, its officers, directors, employees, volunteers, and agents (collectively, "City Parties") from and against
any and all claims, damages (including but not limited to special, consequential, natural resources, and
punitive damages). injuries, costs, (including without limit any and all response, remediation, and removal
costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings,
interest, fines, charges, penalties, and expenses (including, without limit attorneys' expert witness fees and
costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity
[collectively. "Damages"]), or of any kind whatsoever paid, incurred or suffered by, or asserted against City
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Parties, arising from or attributable to the acts or omissions of Contractor whether or not negligent or
otherwise culpable, in connection with or related to the performance of this Agreement, including without
limit damages arising from or attributable to any operations. repair, cleanup or detoxification, or preparation
and implementation of any removal, remedial, response, closure, post-closure, or other plan (regardless of
whether undertaken due to governmental action) concerning any Hazardous Substance or Hazardous Waste
or other waste collected under this Agreement. This indemnity afforded City shall only be limited to exclude
coverage for intentional wrongful acts and sole negligence of City, and as provided below. The forgoing
indemnity is intended to operate as an Agreement pursuant to §107(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, CERCLA, 42 USC §9607(e) and California Health and Safety
Code §25364, to defend, protect, hold harmless, and indemnify City Parties from liability. This provision is in
addition to all other provisions in this Agreement and is intended to survive the end of the Term of this
Agreement. Nothing in this paragraph shall prevent City Parties from seeking indemnification or contribution
from Persons or entities other than Contractor for any liabilities incurred by City Parties or the Contractor. As
determined in the sole discretion of the City, Contractor shall be required to secure, from its parent company,
the indemnification required by this section.
9.02 AB 939 INDEMNIFICATION
Contractor shall, by implementing in a timely and effective manner, the diversion, education and
other required programs or actions required by this Agreement, comply with the diversion requirements for
Rohnert Park of the California Integrated Waste Management Act of 1989 (“Act”) (California Public
Resources Code Section 40000 et seq.) to attain 50 percent diversion of Refuse from Disposal into landfills
by the end of the year 2003. In addition to all other relief provided Contractor and City under this Agreement,
Contractor agrees to defend, indemnify, and hold harmless, the City Parties from and against all fines and/or
penalties imposed by the California Integrated Waste Management Board for operations during the Term of
this Agreement in the event the source reduction and Recycling goals or any other requirement of the Act are
not met by the Contractor with respect to the waste stream collected under this Agreement and such failure is
due to the failure of Contractor to meet its obligations under this Agreement and/or for delays in providing
information that prevents Contractor or City from submitting reports required by AB 939 in a timely manner.
9.03 PROPOSITION 218 INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless, the City Parties from and against all claims,
damages, injuries, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or
administrative proceedings, interest, fines, Charges, penalties and expenses (including reasonable attorneys'
and expert witness fees, expenditures for investigation and administration), and costs of any kind whatsoever
paid, imposed upon, endured, or suffered by or assessed against the City Parties resulting in any form from
the City's establishment of Maximum Rates for service and/or the Contractor's establishment of Customer
Rates under this Agreement or in connection with the application of California Constitution, Article XIIIC
and Article XIIID to the imposition, payment or collection of rates and fees.
9.04 INSURANCE
9.04.1 MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
A. Insurance Services Office form number CG 0001 covering Commercial General Liability or
Comprehensive General Liability Insurance.
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any
auto" and endorsement form if applicable.
C. Workers' Compensation insurance as required by the Labor Code of the State of California and
Employer's Liability insurance.
D. Employee Blanket Fidelity Bond.
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E. Pollution Liability insurance covering Contractor’s business operations, including completed
operations and sudden and gradual coverage for third-party liability. The policy shall include
coverage for:
a. bodily injury, sickness, or disease sustained by any person, including death;
b. property damage, including physical injury to or destruction of tangible property
including the resulting loss of use thereof;
c. cleanup costs, and the loss of use of tangible property that has not been physically
injured or destroyed including diminution of value and natural resources damages;
d. loss arising from pollutants including but not limited to fungus, bacteria, asbestos,
lead, silica, and contaminated drywall;
e. contractual liability coverage for liability assumed by Contractor under a written
contract or agreement;
f. claims arising from owned and non-owned disposal sites utilized in the performance
of this Agreement.
9.04.2 MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
A. Comprehensive General Liability: $10,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage.
B. Automobile Liability: $10,000,000 combined single limit per accident for bodily injury and
property damage.
C. Workers' Compensation and Employer's Liability: Workers' Compensation limits of the statutory
level required by the Labor Code of the State of California and Employer's Liability limits of
$1,000,000 per accident.
D. Employee Blanket Fidelity Bond in the amount of $50,000 per employee, covering dishonesty,
forgery, alternation, theft, disappearance, and destruction (inside or outside).
E. Pollution Liability: $2,000,000 per loss.
9.04.3 DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officials, and employees; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
9.04.4 OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
A. General Liability, Automobile Liability and Pollution Liability Coverage. 1) The City, its officials, employees, and volunteers are to be covered as additional insureds as respects (1) liability arising out of activities performed by or on behalf of the Contractor; (2) products and completed operations of the Contractor; (3) Premises owned, leased or used by the Contractor; or (4) automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. 2) The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
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3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or volunteers. 4) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
B. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive
all rights of subrogation against the City, its officials, employees, and volunteers for losses
arising from work performed by the Contractor for the City.
C. All Coverages. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the City.
9.04.5 ACCEPTABILITY OF INSURERS
With the exception of Workers' Compensation Insurance covered by State Fund, the insurance
policies required by this section shall be issued by an insurance company or companies authorized to do
business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of
size category VII or larger and a rating classification of "A" or better.
9.04.6 VERIFICATION OF COVERAGE
Contractor shall furnish Contractor's insurance agent a copy of these specifications and City approved
endorsement, and direct the agent to provide the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The endorsements shall be submitted to City on
forms (Exhibit L) provided by the City or on other forms that conform to the City's requirements and are
approved the City. Issuance of documentation indicates the Contractor's insurance complies with these
provisions. The certificates and endorsements for each insurance policy are to be signed by a Person
authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete,
certified copies of all required insurance policies and endorsements at any time.
9.04.7 REQUIRED ENDORSEMENTS
A. The Workers' Compensation policy shall contain an endorsement in substantially the following
form:
1) “Thirty (30) days' prior written notice shall be given to the City of Rohnert Park in the
event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice
shall be sent via email to the City Manager and its designated representative.”
2) “The Workers' 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 Parties for losses paid under the terms of this policy which arise from the work
performed by the named insured for the City.”
B. The Commercial General Liability Business, Automobile Liability and Pollution Liability
policies shall contain endorsements in substantially the following form:
1) "Thirty (30) days' prior written notice shall be given to the City of Rohnert Park in the
event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice
shall be sent via email to the City Manager and its designated representative.”
2) "The City of Rohnert Park, its officers, employees, and agents are additional insureds on
this policy. The City requires form CG 20 10 11 85.”
3) "This policy shall be considered primary insurance as respects any other valid and
collectible insurance maintained by the City of Rohnert Park, including any self-insured
retention or program of self-insurance, and any other such insurance shall be considered
excess insurance only."
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4) "Inclusion of the City of Rohnert Park as an insured shall not affect the City's rights as
respects any claim, demand, suit or judgment brought or recovered against the
Contractor. This policy shall protect Contractor and the City in the same manner as
though a separate policy had been issued to each, but this shall not operate to increase the
Contractor's liability as set forth in the policy beyond the amount shown or to which the
Contractor would have been liable if only one party had been named as an insured."
9.04.8 DELIVERY OF PROOF OF COVERAGE
Contractor will renew the required coverage annually as long as City Parties face liability exposure
pursuant to this Agreement. This obligation shall survive termination of this Agreement for the statute of
limitations period for any such exposure. Any Claims Made Policies shall be extended to meet the coverage
requirements of this contract and shall survive termination of this Agreement and provide for coverage up to
the statute of limitations for any such exposure and/or loss. Termination of Contractor's obligation pursuant to
this Section 9.04.8 shall be effective only upon City's written notice to Contractor notifying Contractor of
such termination or upon expiration of the statute of limitations period applicable to such exposure,
whichever is first to occur. Contractor 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 the
contractually required coverage. Proof that such coverage has been ordered shall be submitted by Contractor
to City prior to expiration. Annually a coverage binder or letter from Contractor's Insurance Agent including
the contractually required Certificate of Insurance and/or Additional Insured Endorsement, must be provided
to City within thirty (30) days prior to expiration of coverage and/or renewal of coverage. Such certificates
shall show the type and amount of coverage, effective dates and dales of expiration of policies, and shall have
all required endorsements. If the City requests, copies of each policy, together with all endorsements, shall
also be promptly delivered to City.
9.04.9 OTHER INSURANCE REQUIREMENTS
A. In the event any services are delegated to a subcontractor, the Contractor shall require such
subcontractor to provide statutory Workers' Compensation insurance and Employer's Liability
insurance for all of the subcontractor's employees engaged in the work in accordance with Article
5. The liability insurance required by Section 9.04.2 shall cover all subcontractors or the
subcontractor must furnish evidence of insurance provided by it meeting all of the requirements
of this Section 9.04.
B. The Contractor shall comply with all requirements of the insurers issuing policies. The carrying
of insurance shall not relieve Contractor from any obligation under this Agreement. If any claim
is made by any third person against the Contractor or any subcontractor on account of any
occurrence related to this Agreement, the Contractor shall promptly report the facts in writing to
the insurance carrier and to the City.
If Contractor fails to procure and maintain any insurance required by this Agreement, the City
may take out and maintain, at the Contractor's expense, such insurance as it may deem proper and
deduct the cost thereof from any monies due the Contractor.
The Commercial, General, and Automobile Liability insurance required by Section 9.04.2 shall
be written on an "occurrence," rather than a "claims made" basis, if such coverage is obtainable.
If it is not obtainable, Contractor must arrange for a 36-month "tail coverage" to protect the City
from claims filed after the expiration or termination of this Agreement relating to incidents,
which occurred prior to such expiration or termination.
9.05 FAITHFUL PERFORMANCE
Simultaneously with the execution of this Agreement, Contractor shall provide the City a set-aside
irrevocable letter of credit in a form acceptable to the City, payable to the City, securing the Contractor's
faithful performance of its obligations under this Agreement. The principal sum of the letter of credit shall be
One Million Dollars ($1,000,000).
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Article X. CITY'S RIGHT TO PERFORM SERVICE
10.01 GENERAL
In the event that the Contractor, for any reason whatsoever, fails, refuses or is unable to collect,
transport, or dispose of any or all Refuse and/or collect and process Recyclable Materials or Compostable
Materials which it is required by this Agreement to collect and transport, at the time and in the manner
provided in this Agreement, for a period of more than forty-eight (48) hours, and if, as a result thereof,
Refuse and/or Recyclable Materials or Compostable Materials should accumulate in the City to such an
extent, in such a manner, or for such a time that City Manager, in his or her sole discretion, should determine
that such accumulation endangers or menaces the public health, safety, or welfare, then the City shall have
the right, but not the obligation, upon twenty-four (24) hours' prior written notice to Contractor during the
period of such emergency as determined by City Manager: (1) to perform, or cause to be performed, such
services itself with its own or other personnel without liability to Contractor; and/or (2) to take possession of
any or all of Contractor's land, equipment, and other property used or useful in the Collection and
Transportation of Refuse and Recyclable Materials or Compostable Materials, and to use such property to
collect and transport any Refuse, Recyclable Materials, or Compostable Materials generated within the City
which Contractor would otherwise be obligated to collect and transport pursuant to this Agreement.
Notice of the Contractor's failure, refusal. or neglect to collect and transport Refuse. Recyclable
Materials or Compostable Materials may be given orally by telephone to the Contractor at its principal office
and shall be effective immediately. Written confirmation of such oral notification may be sent to Contractor
within twenty-four (24) hours of the oral notification.
Contractor further agrees that in such event:
A. It will fully cooperate with City in transfer of possession of property to the City for City's use.
B. It will, if City so requests, keep in good repair and condition all of such property, provide all
motor vehicles with fuel, oil, and other service, and provide such other service as may be
necessary to maintain said property in operational condition.
C. City may immediately engage all or any personnel necessary or useful for the Collection and
Transportation of Refuse, Recyclable Materials, or Compostable Materials including, if City so
desires, employees previously or then employed by Contractor, Contractor further agrees, if City
so requests, to furnish City the services of any or all management or office personnel employed
by Contractor whose services are necessary or useful for Refuse, Recyclable Materials, or
Compostable Materials Collection and Transportation operations and for the billing and
collection of fees for these services.
The City agrees that it assumes complete responsibility for the proper and normal use of such
equipment and facilities while in its possession.
If the interruption or discontinuance of service is caused by any of the reasons listed in Section
11.06, the City shall pay to Contractor the fair market rental value of the equipment and facilities,
possession of which is taken by the City, for the period of the City's possession, if any, which
extends beyond the period of time for which City has rendered bills in advance of service, for the
class of service involved.
Except as otherwise expressly provided in the previous paragraph, the parties acknowledge that
the City's exercise of its rights under this Article 10; (1) does not constitute a taking of private
property for which compensation must be paid; (2) will not create any liability on the part of City
to Contractor; and (3) does not exempt Contractor from the indemnity provisions of Article 9,
which are meant to extend to circumstances arising under this section, provided that Contractor is
not required to indemnify City against claims and damages arising from the sole negligence of
City Parties in the operation of Collection vehicles during the time the City has taken possession
of such vehicles.
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10.02 DURATION OF CITY'S POSSESSION
City has no obligation to maintain possession of Contractor's property and/or continue its use in
collecting and transporting Refuse, Recyclable Materials, or Compostable Materials for any period of time
and may, at any time, in its sole discretion, relinquish possession to the Contractor.
The City's right to retain temporary possession of Contractor's property, and to provide Refuse
Collection services, shall continue until Contractor can demonstrate to the City's satisfaction that it is ready,
willing, and able to resume such services or 180 days, whichever occurs first.
Article XI. DEFAULT AND REMEDIES
11.01 EVENTS OF DEFAULT
Each of the following shall constitute an event of default ("Event of Default") hereunder:
A. Contractor fails to perform its obligations under this Agreement, or future amendment to this
Agreement, and (1) if the failure or refusal of Contractor to perform services as described in
Section 5.02, Refuse Service; Section 5.03, Recycling Services; Section 5.04, Compostable
Materials Program; Household Dry Cell Battery Recycling Program; Section 5.06, City Facilities
and Event Collection, or Section 5.15, Street Sweeping Services, as required by this Agreement,
is not cured within two (2) business days after receiving notice from the City specifying the
breach; or (2) in the case of any other breach of the Agreement, the breach continues for more
than thirty (30) calendar days after written notice from the City for the correction thereof,
provided that where such breach cannot be cured within such thirty- (30) day period, Contractor
shall not be in default of this Agreement if Contractor shall have commenced such action
required to cure the particular breach within ten (10) calendar days after such notice, and it
continues such performance diligently until completed.
B. Any representation or disclosure made to City by Contractor in connection with or as an
inducement to entering into this Agreement or any future amendment to this Agreement, which
proves to be false or misleading in any material respect as of the time such representation or
disclosure is made, whether or not any such representation or disclosure appears as part of this
Agreement.
C. There is a seizure or attachment (other than a pre judgment attachment) of, or levy affecting
possession on, the operating equipment of Contractor, including without limit its vehicles,
maintenance, or office facilities, or any part thereof of such proportion as to substantially impair
Contractor's ability to perform under this Agreement and which cannot be released, bonded, or
otherwise lifted within forty-eight (48) hours excluding weekends and holidays.
D. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency,
debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment
of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of
equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as
security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the
Contractor for any part of Contractor's operating assets or any substantial part of Contractor's
property, or shall make any general assignment for the benefit of Contractor's creditors, or shall
fail generally to pay Contractor's debts as they become due or shall take any action in furtherance
of any of the foregoing.
E. A court having jurisdiction shall enter a decree or order for relief in respect of the Contractor, in
any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now
or hereafter in effect, or Contractor shall consent to or shall fail to oppose any such proceeding,
or any such court shall enter a decree or order appointing a receiver, liquidator, assignee,
custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the
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Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs
of Contractor.
F. Contractor fails to provide reasonable assurances of performance as required under Section
11.07.
G. Contractor delivers Refuse to a Disposal Site or Compostable Materials to a Composting Facility
other than the specific facilities designated by City, unless Contractor receives written notice
from City of permanent change in designated facility, or City has expressly directed Contractor in
writing to temporarily transport Refuse or Compostable Materials to an alternate site due to an
inability of City designated facility to accept materials.
11.02 RIGHT TO TERMINATE UPON DEFAULT
Upon the occurrence of an Event of Default by Contractor, the City shall have the right to unilaterally
terminate this Agreement upon further ten (10) days' prior notice to Contractor without the need for any
hearing, suit or legal action.
11.03 POSSESSION OF PROPERTY UPON TERMINATION
In the event of termination for default, the City shall have the right to take possession of any and all
of Contractor's land, equipment, and other property used or useful in the Collection and Transportation of
Refuse, Recyclable Materials, or Compostable Materials and the billing and collection of fees for these
services and to use such property. The City shall have the right to retain the possession of such property until
other suitable arrangements can be made for the provision of Refuse, Recyclable Materials, or Compostable
Materials Collection services, which may include the award of an Agreement to another company, if the City
retains possession thereof after the period of time for which Contractor has already received revenue from the
bills issued in advance of providing service for the class of service involved, the Contractor shall be entitled
to the reasonable rental value of such property (which shall be offset against any damages due the City for the
Contractor's default).
11.04 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE
The City's right to terminate the Agreement under Section 11.02 and to take possession of the
Contractor's properties under Section 11.03 are not exclusive, and the City's termination of the Agreement
shall not constitute an election of remedies, instead, they shall be in addition to any and all other legal and
equitable rights and remedies, which the City may have, including the City's right to recovery on the faithful
performance bond (described in Section 9.05 of this Agreement) in the Event of Default.
By virtue of the nature of this Agreement, the urgency of timely, continuous, and high quality
service, the lead time required to effect alternative service, and the rights granted by City to the Contractor,
the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive
relief.
11.05 LIQUIDATED DAMAGES
11.05.1 GENERAL
The City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is
impractical, if not impossible, to reasonably' ascertain the extent of damages which shall be incurred by City
as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the
impracticability of ascertaining damages include, but are not limited to, the fact that (i) substantial damage
results to members of the public who are denied services or denied quality or reliable service: (ii) such
breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to
individual members of the general public for whose benefit this Agreement exists, in subjective ways and in
varying degrees of intensity which are incapable of measurement in precise monetary terms; that (iii)
exclusive services might be available at substantially lower costs than alternative services and the monetary
loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in
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precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are,
at best, a means of future correction and not remedies which make the public whole for past breaches.
11.05.2 SERVICE PERFORMANCE STANDARDS; LIQUIDATED DAMAGES FOR
FAILURE TO MEET STANDARDS
The parties further acknowledge that consistent, reliable Refuse, Recyclable Materials, and
Compostable Materials Collection service is of utmost importance to City and that City has considered and
relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it.
The parties further recognize that some quantified standards of performance are necessary and appropriate to
ensure consistent and reliable service and performance. The parties further recognize that if City reasonably
determined that Contractor fails to achieve the performance standards, or fails to submit required documents
in a timely manner, City and its residents will suffer damages and that it is and will be impractical and
extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore,
without prejudice to City's right to treat such non-performance as an Event of Default under this Section
11.05.2, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the
amount of such damages that would be incurred by City considering all of the circumstances existing on the
date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably
could be anticipated and the anticipation that proof of actual damages would be costly or impractical.
Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth in the
Schedule of Performance Adjustments, Exhibit G.
City may reasonably determine the occurrence of events giving rise to liquidated damages through
(1) the observation of its own employees or representative, or (2) investigation of customer Complaints.
Liquidated damages will only be assessed after Contractor has been given the opportunity but failed
to rectify the damages as described in this Agreement. Prior to assessing liquidated damages, City shall give
Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-
performance. City may review (and receive copies at Contractor's expense) all information in the possession
of Contractor relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving
the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of
its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a
written explanation of its determination on each incident(s)/non-performance prior to authorizing the
assessment of liquidated damages. The decision of whether to assess liquidated damages shall be made by the
City Council and shall be final.
11.05.3 AMOUNT
City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor
fails to abide by the terms and provisions of this Agreement.
11.05.4 TIMING OF PAYMENT
Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are
assessed. If they are not paid within the ten- (10) day period, City may proceed against the letter of credit
required by the Agreement or order the termination of the Agreement granted by this Agreement, or both.
11.06 EXCUSE FROM PERFORMANCE
The parties shall be excused from performing their respective obligations hereunder in the event they
are prevented from so performing by reason of floods, earthquakes, other "acts of God." war, civil
insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events
which are beyond the control of and not the fault of the party claiming, excuse from performance hereunder.
Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other
concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from
performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence
of any or all of such events. In the case of labor unrest or job action directed at a third party over whom
Contractor has no control, the inability of Contractor to make Collections due to the unwillingness or failure
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of the third party to provide reasonable assurance of the safety of Contractor's employees while making
Collections or to make reasonable accommodations with respect to container placement and point of
Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or
the number of Persons necessary to make Collections shall, to that limited extent, excuse performance and
provided further that the foregoing excuse shall be conditioned on Contractor's cooperation in making
Collection at different times and in different locations.
The party claiming excuse from performance shall within two (2) days after such party has notice of
such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse
under this section.
In the event that either party validly exercises its rights under this section. the parties hereby waive
any claim against each other for any damages sustained thereby.
The partial or complete interruption or discontinuance of Contractor's services caused by one or more
of the events described in this article shall not constitute a default by Contractor under this Agreement.
Notwithstanding the foregoing, however, (1) the existence of an excuse from performance will not affect the
City's rights under Section 10.01; and (2) if Contractor is excused from performing its obligations hereunder
for any of the causes listed in this section for a period of thirty (30) days or more, other than as the result of
third party labor disputes where service cannot be provided for reasons described earlier in this section, the
City shall nevertheless have the right, in its sole discretion. to terminate this Agreement by giving ten (10)
days' prior notice to Contractor, in which case the provisions of Section 11.03 will apply.
11.07 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE
If Contractor (1) is the subject of any labor unrest including work stoppage or slowdown, sick-out,
picketing, or other concerted job action; (2) appears in the reasonable judgment of City to be unable to
regularly pay its bills as they become due; or (3) is the subject of a civil or criminal judgment or order for
violation of an environmental law, and the City Manager determines in good faith that Contractor's ability to
perform under the Agreement has thereby been placed in substantial jeopardy, the City may, at its option and
in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and
proper performance of this Agreement, in such form and substance as the City Manager determines in good
faith is reasonably necessary in the circumstances to evidence continued ability to perform under the
Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance
in the form and by the date required by City, such failure or refusal shall be an Event of Default for purposes
of Section 11.01.
Article XII. OTHER AGREEMENTS OF THE PARTIES
12.01 RELATIONSHIP OF PARTIES
The parties intend that Contractor shall perform the services required by this Agreement as an
independent Contractor engaged by City and not as an officer or employee of the City nor as a partner of or
joint venture with the City. No employee or agent or Contractor shall be or shall be deemed to be an
employee or agent of the City. Except as expressly provided herein, Contractor shall have the exclusive
control over the manner and means of conducting the Refuse Collection and Disposal services performed
under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the
acts and omissions of its officers, employees, subcontractors, and agents. Neither Contractor, nor its officers,
employees, subcontractors, and agents shall obtain any rights to retirement benefits, Workers' Compensation
benefits, or any other benefits, which accrue to City employees by virtue of their employment with the City.
12.02 COMPLIANCE WITH LAW
In providing the services required under this Agreement. Contractor shall at all times, at its sole cost,
comply with all applicable laws, permits, and licenses of the United States, the State of California, and the
City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and
regulatory agencies, now in force and as they may be enacted, issued, or amended during the Term.
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12.03 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the
State of California.
12.04 JURISDICTION
Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the
courts of Sonoma County in the State of California. which shall have exclusive jurisdiction over such
lawsuits.
With respect to venue, the parties agree that this Agreement is made in and will be performed in
Sonoma County.
12.05 GUARANTY OF CONTRACTOR'S PERFORMANCE
The letter of credit described in Section 9.05 in a form acceptable to the City shall guarantee
Contractor's performance of this Agreement. The Guaranty is being provided concurrently with Contractor's
execution of this Agreement.
12.06 ASSIGNMENT
Neither party shall assign its rights nor delegate or otherwise transfer its obligations under this
Agreement to any other Person without the prior written consent of the other party. Any such assignment
made without the consent of the other party shall be void and the attempted assignment shall constitute a
material breach of this Agreement.
For purposes of this section, "assignment" shall include but not be limited to (i) a sale, exchange, or
other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third
party; (ii) a sale, exchange. or other transfer of 10 percent (10%) or more of the outstanding common stock of
Contractor or parent company or holding company to a Person other than a direct family member or trust that
exclusively benefits family members; (iii) any reorganization, consolidation, merger, recapitalization, stock
issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction
to which Contractor, parent company, or holding company or any of its shareholders is a party which results
in a change of ownership or control of 10 percent (10%) or more of the value or voting rights in the stock of
Contractor or a parent company, or holding company; and (iv) any combination of the foregoing (whether or
not in related or contemporaneous transactions) which has the effect of any such transfer or change of
ownership. For purposes of this section, the term "proposed assignee" shall refer to the proposed transferee(s)
or other successor(s) in interest pursuant to the assignment.
Contractor acknowledges that this Agreement involves rendering a vital service to City's residents
and businesses, and that City has selected Contractor to perform the services specified herein based on (1)
Contractor’s experience, skill and reputation for conducting its Refuse management operations in a safe,
effective and responsible fashion, at all times in keeping with applicable waste management laws, regulations
and good waste management practices, and (2) Contractor's financial resources to maintain the required
equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of
these factors, among others in choosing Contractor to perform the services to be rendered by Contractor
under this Agreement.
If Contractor requests City's consideration of and consent to an assignment, City may deny or
approve such request in its complete discretion. No request by Contractor for consent to an assignment need
be considered by City unless and until Contractor has met the following requirements:
A. Contractor shall undertake to pay City its reasonable expenses for attorneys' fees and
investigation costs necessary to investigate the suitability of any proposed assignee. and to
review and finalize any documentation required as a condition for approving any such
assignment;
B. Contractor shall furnish City with audited financial statements of the proposed assignee's
operations for the immediately preceding three (3) operating years;
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C. Contractor shall furnish City with satisfactory proof that (i) the proposed assignee has at least ten
(10) years of Refuse management experience on a scale equal to or exceeding the sale of
operations conducted by Contractor under this Agreement; that (ii) in the last five (5) years, the
proposed assignee has not suffered any citations or other censure from any federal, state or local
contractor having jurisdiction over its waste management operations due to any significant failure
to comply with federal, state, or local waste management laws and that the assignee has provided
the City with a complete list of such citations and censures; that (iii) the proposed assignee has at
all times conducted its operations in an environmentally safe and conscientious fashion; that (iv)
the proposed assignee conducts its Refuse management practices in accordance with sound waste
management practices in full compliance with all federal, state and local laws regulating the
Collection and Disposal of waste. including Hazardous Waste as identified in Title 22 of the
California Code of Regulations; and (v) of any other information required by City to ensure the
proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner.
Under no circumstances shall any proposed assignment be considered by City if Contractor is in
default at any time during the period of consideration.
Should City grant the proposed assignment, it is expressly understood that there shall be no
increase in costs to the services provided of any kind resulting directly or indirectly from the
assignment or the acquisition of the Contractor.
12.07 SUBCONTRACTING
Contractor shall not engage any subcontractors for Collection, Processing, or Disposal of Refuse.
Recyclable Materials, and Compostable Materials without the prior written consent of the City.
12.08 BINDING ON SUCCESSORS
The provisions of this Agreement shall inure to the benefit to and be binding on the successors and
permitted assigns of the parties.
12.09 TRANSITION TO NEXT CONTRACTOR
At the point of transition, Contractor will take direction from the City and subsequent Contractor(s)
to assist in an orderly transition, which will include Contractor providing route lists and billing information.
Contractor will not be obliged to sell Collection vehicles to the next Contractor. Depending on Contractor's
circumstances at the point of transition, the Contractor at its option may enter into negotiations with the next
Contractor to sell (in part or all) Collection vehicles.
In connection therewith, Contractor acknowledges that the provisions of Public Resources Code
Sections 49520-49523 have no application to this Agreement and agrees, to the extent such sections may
have application, to waive whatever rights they may afford.
12.10 PARTIES IN INTEREST
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any
Persons other than the parties to it and their representatives, successors, and permitted assigns.
12.11 WAIVER
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be
deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of
violation of the same or any other provision. The subsequent acceptance by either party of any monies which
become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or
violation by the other party of any provision of this Agreement.
12.12 CONTRACTOR'S INVESTIGATION
The Contractor has made an independent investigation (satisfactory to it) of the conditions and
circumstances surrounding the Agreement and the work to be performed by it.
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12.13 CONDEMNATION
The City fully reserves the rights to acquire the Contractor's property utilized in the performance of
this Agreement by purchase or through the exercise of the right of eminent domain.
12.14 NOTICE
All notices, demands, requests, proposals, approvals, consents, and other communications which this
Agreement requires, authorizes, or contemplates all, except as provided in Section 10.01, be in writing and
shall either be personally delivered to a representative of the parties at the address below or be deposited in
the United States mail, first class postage prepaid, addressed as follows:
If to City: City Manager
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
It to Contractor: James Ratto, President
Rohnert Park Disposal, Inc.
P.O. Box 1916
Santa Rosa, CA 95402
The address to which communications may be delivered may be changed from time to lime by a
notice given in accordance with this section.
Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from the
date it is deposited in the mail.
12.15 REPRESENTATIVES OF THE PARTIES
References in this Agreement to the "City" shall mean the City Council and all actions to be taken by
the City shall be taken by the City Council except as provided below. The City Council may delegate. in
writing, authority to the City Manager, the Director of the Department of Public Works and/or to other City
officials and may permit such officials, in turn, to delegate in writing some or all of such authority to
subordinate officers. The Contractor may rely upon actions taken by such delegates if they are within the
scope of the authority properly delegated to them.
The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve
as the representative of the Contractor in all matters related to the Agreement and shall inform the City in
writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City
may rely upon action taken by such designated representative as actions of the Contractor unless they are
outside the scope of the authority delegated to him/her by the Contractor as communicated to City.
12.16 CITY FREE TO NEGOTIATE WITH THIRD PARTIES
The City may investigate all options for the Collection and Disposal of Refuse after the expiration of
the Term. Without limiting the generality of the foregoing, the City may prior to the expiration of the Term,
solicit proposals from Contractor and from third parties for the provision of Collection services, Disposal
services, Recycling services, Compostable Materials Collection and composting, and any combination
thereof, and may negotiate and execute Agreements for such services which will take effect upon the
expiration or earlier termination under Section 11.02 of this Agreement and/or the Recycling Agreement.
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Article XIII. MISCELLANEOUS AGREEMENTS
13.01 ENTIRE AGREEMENT
This Agreement, including the exhibits, represents the full and entire Agreement between the parties
with respect to the matters covered herein.
13.02 SECTION HEADINGS
The article headings and section headings in this Agreement are for convenience of reference only
and are not intended to be used in the construction of this Agreement nor to alter or affect any of its
provisions.
13.03 REFERENCES TO LAWS
All references in this Agreement to laws shall be understood to include such laws as they may be
subsequently amended or recodified, unless otherwise specifically provided.
13.04 INTERPRETATION
This Agreement shall be interpreted and construed reasonably and neither for nor against either party,
regardless of the degree to which had either party participated in its drafting.
13.05 AMENDMENT
This Agreement may not be modified or amended in any respect except in writing signed by the
parties.
13.06 SEVERABILITY
If any non-material provision of this Agreement is for any reason deemed to be invalid and
unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining
provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not
been contained herein.
13.07 COUNTERPARTS
This Agreement may be executed in counterparts each of which shall be considered an original.
13.08 EXHIBITS
Each of exhibits identified as Exhibit "A" through "O" is attached hereto and incorporated herein and
made a part hereof by this reference.
[Signatures follow on next page.]
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IN THE WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year
first above written.
CITY OF ROHNERT PARK, A California Municipal Corporation
By:________________________________________
Name: Darrin A. Jenkins
Its: City Manager
ATTEST:
By:__________________________
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
ROHNERT PARK DISPOSAL, INC., a California
Corporation (“Contractor”)
By:______________________________________
Name:____________________________________
Title: Vice President
By:______________________________________
Name:____________________________________
Title: Secretary
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EXHIBIT A
CITY SERVICE LOCATIONS
Contractor shall provide containers and Collection of Refuse, Recyclable Materials and Compostable Materials to
all City facilities identified herein. Contractor shall also provide Collection of Refuse contained in City-owned
cans located throughout the City. Servicing of all City facilities and cans shall be provided at no additional charge
to the City.
If the City purchases, builds or disposes of any facilities or if the City adds or removes cans during the term of
this Agreement, such facilities and/or cans shall be added or deleted from City facilities/cans to be serviced by
Contractor, with no change in payment, upon notification of Contractor by City.
Contractor shall regularly evaluate and monitor City Collection needs and provide education to maximize
diversion. The level of Recycling and Compostable Materials services provided by Contractor shall enable the
City to exceed a 50% diversion rate and transition toward Zero Waste.
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EXHIBIT B
City Facilities
Facility Address Service
Type
Size Frequency
Alicia Park/Scout Hut 295 Santa Alicia Can/Dumpster 2x/week
Animal Control 301 J. Rodgers lane Can/Dumpster 4 Yards 2 to
3x/week
Benecia Pool 7469 Bernice Can 2x/week
Benicia Park 7450 Santa Barbara
Drive
Can/Dumpster 4 Yards 2 to
3x/week
Boys & Girls Club 7450 Santa Barbara
Drive
Can/Dumpster 4 Yards 2 to
3x/week
Burton Avenue Recreation
Center
7421 Burton Avenue Dumpster 4 Yards 2 to
3x/week
City Hall <New Building> 130 Avram Ave Dumpster 4 Yards 2 to
3x/week
City Hall Annex
<SeniorCenter>
6800 Hunter Drive Dumpster 4 Yards 2 to
3x/week
Colegio Vista Park. 1200 Southwest
Boulevard
Can 2x/week
Community Center 5401 Snyder lane Can/Dumpster 4 Yards 2 to
3x/week
Dorotea Park 895 Santa Dorotea
Circle
Can 2x/week
Eagle Park 1115 Emily Avenue Can 2x/week
Foxtail Golf Club 100 Golf Course Drive Dumpster 4 Yards 2 to
3x/week
Golis Park 1450 Golf Course Drive Can/Dumpster 4 Yards 2 to
3x/week
Honeybee Park/Pool 1170 Golf Course Drive Can/Dumpster 4 Yards 2 to
3x/week
Ladybug
Park/Pool/Recreation Ctr.
8517 Liman Way Can 2x/week
Magnolia Park/Pool 1401 Middlebrook Drive Can/Dumpster 2x/week
Performing Arts Center 5409 Snyder Lane Can/Dumpster 4 Yards 2 to
3x/week
Public Safety <Main> 500 City Center Drive Dumpster 4 Yards 2 to
3x/week
Public Safety <North> 5200 County Club Drive Dumpster 4 Yards 2 to
3x/week
Public Safety < South> 1312 Maurice Avenue Dumpster 4 Yards 2 to
3x/week
Public Works 600 Enterprise Drive Dumpster 4 Yards 2 to
3x/week
Rainbow Park 1345 Rosana Way Can 2x/week
Sonoma County Library 6250 Lynne Conde Way Dumpster 4 Yards 2 to
3x/week
Sports Center 5405 Snyder Lane Can/Dumpster 4 Yards 2 to
3x/week
Sunrise Park 5201 Snyder lane Can/Dumpster 4 Yards 2 to
3x/week
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City Cans Creek paths,Various
Locations Throughout
City
Can 2x/week
SMART Garbage Cans -Golf Course Drive
(south side of street) -
RPX (both sides of
street)
-Southwest (south
side of street)
Can various
locations
throughout
City
3x/week
6250 State Farm Dr Dumpster 4 Yards 2 to
3x/week
New Fire Station Dumpster 4 Yards 2 to
3x/week
Twin Creeks Park Can 2x/week
Lydia Mini Park Can 2x/week
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BATTERY BUCKET LOCATIONS
Location of Participant Address Exact Location of
Yellow Bucket
City Hall/
Community Development 6750 Commerce Blvd. On low table in lobby
Senior Center 6800 Hunter Drive, Suite A In multi purpose room
City Finance Department 6800 Hunter Drive, Suite B On front counter
Callinan Sports & Fitness Center 5405 Snyder Lane In locker room
Community Center 5401 Snyder Lane On front counter
Public Safety Building 500 City Hall Drive On front counter
Animal Shelter 301 J. Rodgers Lane On front counter
Public Works 600 Enterprise Drive On front counter
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EXHIBIT C
CITY-SPONSORED EVENTS
Contractor shall provide appropriately sized containers or roll-off boxes for both refuse and recycling at other
public participation events which may be subsequently scheduled by the City during the term of the contract.
Annual City-Sponsored Events:
• Party on the Plaza (10/year)
• Founder’s Day
• National Night Out
• Second Sunday Family Fun Series (10/year)
• Holiday Tree Lighting
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EXHIBIT D
ANNUAL CLEANUPS
Contractor shall conduct a one-week Community Clean-Up Event each year, during the fall. The dates for
cleanup shall be proposed by the Contractor and approved by the City Manager. The Contractor shall pickup
authorized cleanup items from all single-family customers at the Curbside and properly dispose of such
waste. The Contractor shall pickup authorized cleanup items from all multi-family customers at a Collection
location acceptable to Contractor and Manager, Owner or Homeowner's Association. Clean-up events are for
residential customers and tenants only.
Re-use (when possible)
• Furniture, appliances (refrigerators, freezers, or air conditioners)
• Clothes, toys, and other re-usable items
Recycling
• Clean cardboard, newspapers, Compostable Materials, wood waste, recyclable container
materials (e.g., glass, plastic, aluminum) and scrap metals
Refuse
• Materials that cannot be recycled shall be disposed of as Refuse
• Sonoma County Central Disposal Site currently offers free Disposal to City
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EXHIBIT E
RESIDENTIAL RECYCLABLE MATERIALS TO BE COLLECTED
(SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY RESIDENTIAL
COMPLEXES)
The Single Recyclable Materials Stream shall include:
• Newspaper
• Corrugated cardboard
• Mixed paper
• Junk mail
• Phone books
• Magazines
• Office Paper
• Computer paper
• Envelopes
• Post-it Notes
• Catalogs
• Manuals
• Colored Paper
• Stationary
• Shredded Paper
• NCR Paper
Glass
• Glass - household food and beverage bottles and jars
Metal
• Aluminum cans
• Metal cans – household food and beverage containers
• Empty aerosol cans
• Lids from Jars
Plastic
• Milk containers
• Plastic containers – household food and beverage containers
Cartons/Boxes/Bags
• Paper Egg Cartons / Brown paper cartons
• Milk cartons
• Cereal boxes
• Shoe Boxes
• Cracker boxes
• Tissue Boxes
• Frozen Food boxes
• Juice Cartons
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EXHIBIT F
COMMERCIAL RECYCLABLE MATERIALS TO BE COLLECTED
The Single Recyclable Materials Stream shall include:
• Newspaper
• Corrugated cardboard
• Mixed paper
• Junk mail
• Phone books
• Magazines
• Office Paper
• Computer paper
• Envelopes
• Post-it Notes
• Catalogs
• Manuals
• Colored Paper
• Stationary
• Shredded Paper
• NCR Paper
Glass
• Glass - household food and beverage bottles and jars
Metal
• Aluminum cans
• Metal cans – household food and beverage containers
• Empty aerosol cans
• Lids from Jars
Plastic
• Milk containers
• Plastic containers – household food and beverage containers
Cartons/Boxes/Bags
• Paper Egg Cartons / Brown paper cartons
• Milk cartons
• Cereal boxes
• Shoe Boxes
• Cracker boxes
• Tissue Boxes
• Frozen Food boxes
• Juice Cartons
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EXHIBIT G
SCHEDULE FOR PERFORMANCE ADJUSTMENTS
LIQUIDATED DAMAGES FOR FAILURE TO MEET STANDARDS
COLLECTION RELIABILITY
1 For each failure to notify the appropriate authorities of reportable quantities of
Hazardous Waste per Section 5.07:
$500.00
2 For failure to maintain the Collection schedule on the scheduled day (unless non-
Collection was warranted pursuant to this Agreement):
$25.00/can
3 For each failure over five (5) annually to commence service to a new customer
within four (4) working days after order received and account number established:
$150.00
4 For each failure over fifteen (15) annually to collect Refuse, Recyclable Materials
or Compostable Materials which has been properly set out for Collection from an
established service recipient account on the scheduled Collection day and not
collected within a period described in this Agreement:
$150.00
5 For each failure to collect refuse, recyclable materials or plant materials which has
been properly set out for Collection, from the same service recipient on two (2)
consecutive scheduled pickups:
$150.00
6 For each failure to prepare for or properly conduct special Collections as described
in Section 5.02 including advertising and press releases:
$250.00
COLLECTION QUALITY
7 For each occurrence over five (5) annually of unreasonable leaking or spilling Solid
Waste or Recyclable Materials and failure to pick up or clean up such material
immediately:
$300.00
8 For each occurrence over twelve (12) annually of failure to replace cans in original
position, upright, with lids in or on cans:
$150.00
9 For each failure over twenty-four (24) annually of not closing gate, crossing planted
areas or other damage to private property:
$300.00
10 For each occurrence over five (5) annually of collecting Refuse, Recyclable
Materials, and Plant Materials during unauthorized hours:
$300.00
11 For each occurrence over twelve (12) of excessive noise: $300.00
12 For each failure over twelve (12) annually of not tagging containers which are left: $150.00
13 For each occurrence over five (5) annually of failure to clean Collection vehicles
one time per week, as described in Section 5.11.5B:
$150.00
14 For each failure to power wash public Solid Waste and recyclable materials
receptacles, lids and metal liners twice a year:
$150.00/can
15 For each occurrence over five (5) annually of damage to property that is not
repaired in 30 days:
$250.00
REPORTING
Any report shall be considered late until such time as a correct and complete report is received by City. For
each calendar day a report is late, the daily Performance Adjustment shall be:
16 Monthly Reports: $100.00/day
17 Quarterly Reports: $200.00/day
18 Semi-Annual Reports: $300.00/day
19 Annual Reports: $300.00/day
20 Failure to report any Complaint or request on customer telephone call log: $50.00/incident
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CUSTOMER RESPONSIVENESS
21 For each occurrence of unreasonably discourteous behavior: $500.00
22 For each failure to respond to and initiate a remedy to a Complaint within eight (8)
working hours after notification by the City:
$300.00
23 For each failure to answer the telephone or answering machine during the hours
specified in: Section 6.09.3
$300.00
24 For each failure to respond to service requests/calls within 24 hours as specified in
Section 6.09.3:
$300.00
25 For each failure to collect missed Collections in a timely manner: $300.00
26 For each occurrence over five (5) annually for Complaints regarding waiting on
hold for more than two (2) minutes as specified in Section 6.09.4:
$150.00
REPLACEMENT VEHICLES
27 For each day after December 31, 2018 that replacement vehicles are not replaced as
scheduled in Exhibit P
$10,000.00
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EXHIBIT H
CONTRACTOR HOLIDAY LIST
Holidays Contractor's Office May Be Closed:
• New Year's Day
• Presidents Day
• Memorial Day
• Fourth of July
• Labor Day
• Thanksgiving Day
• Christmas Day
Holidays Delivery Service May Be Observed:
• New Year's Day
• Fourth of July
• Labor Day
• Thanksgiving Day
• Christmas Day
Some commercial accounts may require Collection on the observed holidays.
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EXHIBIT I
STREET SWEEPING MAPS AND SCHEDULES
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EXHIBIT J
ALLOCATION METHODOLOGY FOR REPORTING OF TONNAGE DATA
Tons will be allocated as required under the contract by calculating contracted service volumes by service
type and multiplying the calculated percentage by type by the total tons being allocated.
Example
Front-Loader Route
Multi-Family Bins: 50 Yards per Month/"Contracted"
Commercial Bins: 200 Yards per Month/"Contracted"
Total 250 Yards per Month/"Contracted"
Total Tons 80 Disposed by Front-Loaders
Multi-Family20% (50 Yards/250 Yards) x 80 Tons = 16
Commercial 80% (200 Yards/250 Yards) x 80 Tons = 64
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EXHIBIT K
BASIS FOR RELATED PARTY PAYMENTS
Single Stream Recyclables Processing and Marketing Fee .......................................... $85.00/Ton
Annual Adjustment at 80% of the Change in the "San Francisco-Oakland-San Jose Metropolitan
Area Consumer Price Index [Urban Wage Earners; 1982-84 = 100]" between the monthly index in
February of one year and February of the following year.
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EXHIBIT L
CITY INSURANCE ENDORSEMENT FORMS
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Exhibit M
City of Rohnert Park, CA
REFUSE RATE INDEX
The "Refuse Rate Index" adjustment shall be calculated in the following manner:
1. The expenses of providing Collection services in the service area for the
designated period shall be prepared in the format set forth in the Operating Cost
Statement - Description on the following page of this Exhibit.
2. The expenses of providing Collection services in the service area shall be broken
down into one of the following six cost categories: Labor; Fuel; Vehicle
Replacement; Maintenance, Disposal, and All Other. Each cost category is
assigned a weighted percentage factor on that cost category's proportionate share
of the total of the costs shown for all cost categories.
3. The following indices are used to calculate the adjustment for each cost category
of the Refuse Rates. The change in each index is calculated on a twelve-month
average period (January 1st to December 31st).
Cost Category Index
Labor: Series ID: ceu6056210008 Production Workers-Waste
Collection.
Fuel: California No 2 Diesel Ultra Low Sulfur (0-15 ppm)
http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp.
Vehicle Replacement: Series ID: pcu3362113362111 Truck, bus, car and other
vehicles bodies, for sale separately. However, for the RRI
adjustments effective July 1, 2018 and July 1, 2019, the
percentage change for this cost category will be zero.
Vehicle Maintenance: Series ID: pcu333924333924 Parts and attachments for
Industrial work trucks.
Disposal Fee The per ton tip fee charged at the Disposal Facility
multiplied by the actual number of tons disposed at the
Disposal Facility.
All Other: Series ID: cuur0000sa0 seventy-five percent (75%) of
Consumer Price Index, All Urban Consumers, All Items.
The percentage weight for each cost category is multiplied by the change in each
appropriate index to calculate a weighted percentage for each cost category. The
weighted percentage changes for each cost category are added together to calculate the
Refuse Rate Index.
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Exhibit M
City of Rohnert Park, CA
REFUSE RATE INDEX
RRI Financial Statement Format
Operating Costs
Labor: List all administrative, officer, operation and maintenance
salary accounts.
List payroll tax accounts directly related to the above salary
accounts.
List all employee benefit accounts including health insurance
costs, workmen’s compensation premiums, and retirement
plan costs.
Fuel List all fuel costs.
Vehicle Replacement: List all Collection and Collection related vehicle depreciation
accounts.
List all vehicle lease or rental accounts related to Collection or
Collection related vehicles.
Vehicle Maintenance: List all Collection or Collection related vehicle parts accounts.
Disposal: List all Disposal costs for Disposal of refuse.
All Other: List all other expense accounts related to the services
provided under this Agreement. This category includes all
insurance including general liability, fire, truck damage,
extended coverage and employee group medical and life; rent
on property, truck licenses and permits; real and personal
property taxes; telephone and other utilities; employee
uniforms; safety equipment; general yard repairs and
maintenance; office supplies; postage; trade association dues
and subscription; advertising; and miscellaneous other
expenses.
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Exhibit N
Detailed Rate Review Methodology
a. Request for Detailed Rate Review
At least six months prior to a normally scheduled July 1st RRI adjustment, the City or
the Contractor may request that a Detailed Rate Review be conducted. In the event
that either the City or the Contractor requests a Detailed Rate Review, the Detailed
Rate Review shall be based on the audited financial statements for the preceding
complete fiscal year.
Contractor shall assemble and submit such information as necessary to support
assumptions made with regard to forecasts used to develop their Refuse rates.
Contractor shall provide all information from related party entities regarding any
material transactions between Contractor and those related party entities. Service
Rates shall be adjusted based on the forecasted annual cost of operations, profit, and
forecasted pass-through expense reviewed as set forth below.
b. Forecasted annual cost of operations. The forecasted annual cost of
operations shall consist of the sum of:
1. Forecasted labor-related costs
2. Forecasted vehicle-related costs
3. Forecasted other costs
4. Forecasted depreciation expense
Each of these sums shall be reviewed based on the following:
b. Determination of actual costs. Contractor's financial statement will be
reviewed to determine Contractor’s costs for each of the foregoing categories
during the fiscal year involved. City will use the audited financial statements
to determine that costs have actually been incurred and have been assigned
to the appropriate category.
c. Adjustment of actual costs. City may adjust the actual costs in two ways:
(1) to exclude any non-allowable costs, set out below, and (2) to exclude
and/or reduce any costs that were not reasonably and necessarily incurred in
the performance of the services provided in accordance with this Agreement.
Costs that may be deemed non-allowable include, but are not limited
to, the following:
d. Payments to directors and/or owners of Contractor unless paid to reasonably
compensate for services actually rendered.
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Exhibit N
Detailed Rate Review Methodology
e. Promotional, entertainment, and travel expenses, unless authorized in
advance by City.
f. Payments to repair damage to property of City or other parties, including the
City or County for which Contractor is legally liable.
g. Fines or penalties of any nature.
h. Liquidated damages assessed under this Agreement.
i. Federal or state income taxes.
j. Charitable or political donations.
k. Attorney's fees and other expenses incurred by Contractor in any court
proceeding in which City and Contractor are adverse parties, unless
Contractor is the prevailing party in said proceedings.
l. Attorney's fees and other expenses incurred by Contractor in any court
proceeding in which Contractor's own negligence, violation of law or
regulation, or other wrongdoing, are in issue and occasions in part the
attorney's fees and expenses claimed, provided, however, such attorney's
fees will be allowed to the extent Company can demonstrate they were
reasonable and necessary and a cost of doing business, and were not the
result of any intentional or willful misconduct by Contractor or its employees;
and attorney's fees and expenses incurred by Contractor in a court
proceeding in which the legal theory or statute providing a basis of liability
against Contractor also provides for separate strict liability for City arising from
the action of its citizens or ratepayers (such as in a CERCLA lawsuit).
m. Payments to related party entities for products or services, in excess of the
fair market value for those products or services. For purposes of this
Agreement, related party expenses are those resulting from transactions
between Contractor and another contractor (contractors) that has (have)
common ownership or management control. Except as otherwise provided
below the amount of these transactions shall be based on the actual cost to
the related party and shall include no profit. To demonstrate the actual cost to
the related company, Contractor shall provide, at a minimum, the invoice for
the good or service, the receiving document, the corresponding canceled
check and the basis for the transaction. Whenever possible, materials shall
be delivered directly to Contractor or the related party entity, as appropriate.
Because the following types of related party transactions have existed, they
have been specifically addressed below:
1. Management Fees: Contractor pays management fees to
North Bay Corporation, a related party. The management fee
compensates North Bay Corporation for its management
team’s time spent in managing the operations and
administering the Company (including the time of Mr. James
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Exhibit N
Detailed Rate Review Methodology
Ratto). For purposes of determining Company's compensation
in accordance with this Agreement, a management fee of
$134,400 annually shall be stipulated and the North Bay
Corporation management team, including Mr. James Ratto,
shall not otherwise be compensated for these same services.
This stipulated amount shall not be adjusted during the term of
this Agreement or any extension period.
2. Site Rent: Contractor operates from facilities leased from
related parties. For determining Contractor’s compensation in
accordance with this Agreement, a lease amount of $84,000
annually shall be stipulated.
3. Equipment Rental: Company leases equipment from related
parties, and is entitled to compensation for depreciation and
interest expense related to this equipment.
For purposes of this Agreement, Company shall be entitled to
compensation for equipment depreciation whether leased or
purchased by the Company, based on the following useful
lives:
5 Years: Computers and software, office equipment, All
used or refurbished Collection vehicles.
7 Years: All new Collection vehicles.
10 years: Bins, Carts, and Debris Boxes.
Contractor shall be required to provide to City (or City's
representative) documentation of the original cost of the
equipment.
For purposes of this Agreement, Contractor shall be entitled to
compensation for interest expense on equipment leases
assuming financing of one hundred percent (100%) of the
original cost and based on the Prime Rate of the Bank of
America NT & SA in effect at the time the equipment was first
leased.
4. Employee Health Insurance: Contractor purchases employee
health insurance for both itself and related parties and is
entitled to compensation for Contractor's cost of this insurance.
Because the premium is allocated among several companies,
Contractor's compensation shall be calculated by dividing the
premium by the total number of employees covered and
multiplying the quotient by the number of Contractor
employees. If Contractor provides ongoing administration of
the health insurance program for itself and related parties, the
full cost of such administration shall be distributed among the
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Exhibit N
Detailed Rate Review Methodology
parties and the Contractor on the basis of the number of
employees covered. To determine the amount of compensation
due the Contractor, Contractor shall submit to City (or City's
designated representative) a copy of the insurance broker's
invoice, the corresponding canceled check and the calculations
described above, including corresponding documentation
supporting the values used (e.g., total employees covered).
5. Automotive Liability Insurance: Contractor purchases
automotive liability insurance for both itself and related parties
and is entitled to compensation for Contractor's cost of this
insurance. Because the premium is allocated among several
companies, Company's compensation shall be calculated by
prorating the premium among related parties and Contractor on
the basis of the actual total liability premiums paid for vehicles
of each company. To determine the amount of compensation
due Contractor, Contractor shall submit to City (or City's
designated representative) a copy of the insurance broker's
invoice, the corresponding canceled check and the calculations
described above, including corresponding documentation
supporting the values used (e.g., total vehicles covered).
6. Fuel Expense: Contractor purchases fuel for both itself and
related parties and is entitled to compensation for Contractor's
cost of fuel. To determine the amount of compensation due
Contractor, Contractor shall submit to City (or City's designated
representative) a copy of the fuel invoices, the receiving
documents, the corresponding canceled checks, calculations
supporting the amount of fuel expense claimed by Contractor.
n. Forecasts of Costs. Allowed Costs of operations for the Contractor's prior
fiscal year will be used to evaluate the forecasted cost for upcoming year.
The review will evaluate forecasted labor-related costs, vehicle-related costs,
and other costs, including pass-through expenses as outlined below.
1. Dump Fees – Debris and Refuse – Landfill Disposal Expense
2. Dump Fees – Yard Waste – Organic Processing Facility
Expense
3. Franchise Fee
4. AB 939 Compliance and Diversion Fee
5. Refuse Vehicle Fee
6. Rate Application Review Fee (i.e. cost of Detailed Rate Review
per Section 8.04)
o. Depreciation Expense. Depreciation expense will be calculated by dividing
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Exhibit N
Detailed Rate Review Methodology
the actual purchase price of the assets by the number of years in the Term of
the Agreement. The result is the forecasted depreciation expense for the rate
year.
p. Profit. Profit or return to Contractor shall be determined by City applying an
operating ratio so as to provide for reasonable costs of service and adequate
rate of return to Contractor. The rate of return or profit shall be reasonably
sufficient to allow for financial soundness of Contractor's operations within the
service area of this Agreement, when operated under efficient and economical
management, and to provide a return to Contractor over the term of the
Agreement commensurate with the level of business risk, the competitive
market place and the necessity to provide the public with reasonable rates.
For purposes of this Agreement, the City-determined operating ratio shall be
90% as of the date of the execution of this Agreement.
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Exhibit O-1
City of Rohnert Park, CA
CONTRACTORS MAXIMUM RATES
JANUARY 1, 2018 – JUNE 30, 2018
SINGLE-FAMILY RESIDENCE CART COLLECTION
A. SINGLE-FAMILY RESIDENTIAL CART COLLECTION SERVICE – MONTHLY RATE
Refuse Cart Sizes (gallons) 20 32 68 95
MONTHLY REFUSE RATE $10.45 $19.15 $29.92 $46.69
B. SINGLE-FAMILY RESIDENTIAL EXTRA COLLECTION – MONTHLY RATE
Cart Sizes (gallons) 20 32 68 95
Each Additional Refuse Cart $10.45 $19.15 $29.92 $46.69
Extra Additional Green Waste Cart Over 2 Carts $20.97
C. ADDITIONAL SERVICES AND RATES
On-Premise Collection $23.35 added to all Carts sizes per month
Extra Bag Collection $7.38 Per bag/occurrence
Additional Cart Exchange
(1 free exchange over contract term) $26.65 each additional Cart/occurrence
Additional Cart Replacement
(1 free exchange over contract term) $133.24 each additional Cart/occurrence
Recycling Only Collection (1 – 95
gallon Recycling Cart) $10.66 per month
Collecting Contaminated Cart $32.02 each contaminated Cart
Extra Collection Trip $8.01 each Cart/trip
Cart Cleaning $35.03 per Cart
7 Day Clean Up – 3 Cubic Yard Bin $165.67 each Bin and includes Disposal charge
7 Day Clean Up – 4 Cubic Yard Bin $214.71 each Bin and includes Disposal charge
7 Day Clean Up – 4 Cubic Yard Bin $312.77 each Bin and includes Disposal charge
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Exhibit O-2
City of Rohnert Park, CA
CONTRACTORS MAXIMUM RATES
JANUARY 1, 2018 – JUNE 30, 2018
MULTI-FAMILY AND COMMERCIAL COLLECTION
A. CARTS AND BINS – MONTHLY RATES
Container
Size
Collection Frequency
1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
20 Gallon $10.45 $20.89 $31.36 $41.80 $52.25 $62.69
32 Gallon $19.15 $38.26 $57.38 $76.53 $95.65 $114.79
68 Gallon $29.92 $59.83 $89.76 $119.67 $149.58 $179.50
95 Gallon $46.69 $93.40 $140.08 $186.77 $233.47 $280.18
1 CY $99.83 $199.68 $299.49 $399.32 $499.17 $599.00
1.5 CY $149.71 $305.51 $467.36 $635.59 $810.49 $992.01
2 CY $199.68 $407.33 $623.14 $847.45 $1,080.66 $1,322.65
3 CY $299.46 $610.98 $934.74 $1,271.14 $1,620.94 $1,984.02
4 CY $399.30 $814.65 $1,246.30 $1,694.86 $2,161.32 $2,645.35
6 CY $598.98 $1,221.98 $1,869.44 $2,542.26 $3,241.94 $3,967.99
B. DEBRIS BOXES AND COMPACTORS – PER PULL, PLUS PER TON DISPOSAL COST
Boxes Compactors
20 CY 30 CY 20 CY 26 CY 30 CY 32 CY 40CY
$357.26 $444.43 $568.21 $738.66 $852.31 $852.31 $1,136.41
C. ADDITIONAL SERVICES
Push Rates - Per Month $35.03 in 25 foot increments after the 1st 25 feet
Cart or Bin Cleaning Each Occurrence $23.03/Cart $70.02 each Bin
Collection of Contaminated Bin $32.02
Plus $99.83 / cubic yard
Collection of Blocked Bin $25.79 / Bin
Collection of Overflowed Bin $48.92 / cubic yard
Extra Collection of Bin $99.83 / cubic yard
Bin Exchange (1 free over contract term) $17.74 each a occurrence
Bin Replacement (1 free over contract term) $88.80 each a occurrence
Cart Exchange (1 free over contract term) $26.65 each a occurrence
Cart Replacement (1 free /year) $133.24 each a occurrence
D. Disposal Charges
Disposal Site: Sonoma County Landfill/Transfer System $134.36 Per Ton
Note: All Debris Boxes and Compactors are pull rates only; Disposal will be based on actual
Disposal costs; the total maximum customer rate will be the total cost for the Collection,
Disposal, Franchise Fee, Refuse Vehicle Fee, and AB 939 Compliance and Diversion Fee.
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Exhibit O-3
City of Rohnert Park, CA
CONTRACTORS MAXIMUM RATES JANUARY 1, 2018 – JUNE 30, 2018
EMERGENCY SERVICE RATES - EMPLOYEES
Labor Position Hourly Rate
Driver $50.17
Utility $50.17
Exhibit O-4
City of Rohnert Park, CA
CONTRACTORS MAXIMUM RATES JANUARY 1, 2018 – JUNE 30, 2018
EMERGENCY SERVICE RATES - EQUIPMENT
Labor Position or Equipment Type Hourly Rate
Front Loader $87.45
Split Body $87.45
Side Loader $87.45
Roll Off $65.60
Street Sweeper $65.60
Cart Delivery $54.67
Bin Delivery $54.67
Pickup $43.70
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Exhibit P-1
Vehicles to be Replaced No later than December 31, 2018
Service
Function Vehicle Description Vehicle
Number
Vehicle
License VIN
Supervisor Truck 2003 FORD-F250 PICKUP 4 8U38915 1FTNW20P83EC47318
Service Truck 90 INT'L SERVICE TRUCK 144 5K30459 1HTSBZPM8LH248280
Sweeper AIR SWEEPER Model #600 135 8G42756 1HTMPAFN37H402874
Side Loader 2007 Arata Automated Truck 9023 8P71909 5VCDC6JF78H206284
Side Loader 2007 Arata Automated Truck 9024 8P71910 5VCDC6JF98H206285
Side Loader 2007 Arata Automated Truck 9025 8N22594 5VCDC6JF48H206193
Side Loader 2007 Arata Automated Truck 9030 8P87159 5VCDC6JFX8H206196
Front Loader CARMENITA FRONT LOADER 2015 8P15351 5VCDC6JF88H205838
Front Loader 2006 AUTOCAR F/L 2014 8E28689 5VCDC6MF76H202499
Front Loader 2008 AUTOCAR MODEL #WX64 2017 8R49417 5VCDC6JFX8H205839
Box Truck (Rolloff) 1999 VOLVOWG BOX TRUCKS 711R 18924M1 4VHJCMHEXXN865903
Flatbed (Can/Cart) 2012 INTL 138 14667B1 3HAMMAAL2CL598308
PAL Truck (Bin) 2004 INTL 104 8X09959 1HTMLAFM84H674366
Rear Loader* 2003 FREIGHTLIN 307R 6T66139 1FVHCFCY23RK60290
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Exhibit P-2
Vehicle Replacement Schedule
Service
Function Vehicle Description Vehicle
Number
Estimated
Replacement
Cost (New)
Replacement
in Service
Supervisor Truck 2003 FORD-F250 PICKUP 4 $30,000 No later than
12/2018
Service Truck 90 INT'L SERVICE TRUCK 144 $30,000 No later than
12/2018
Sweeper AIR SWEEPER Model #600 135 $310,000 No later than
12/2018
Side Loader* 2007 Arata Automated Truck 9023 $392,000 No later than
12/2018
Side Loader* 2007 Arata Automated Truck 9024 $392,000 No later than
12/2018
Side Loader* 2007 Arata Automated Truck 9025 $392,000 No later than
12/2018
Side Loader* 2007 Arata Automated Truck 9030 $392,000 No later than
12/2018
Front Loader CARMENITA FRONT LOADER 2015 $330,000 No later than
12/2018
Front Loader 2006 AUTOCAR F/L 2014 $330,000 No later than
12/2018
Front Loader 2008 AUTOCAR MODEL #WX64 2017 $330,000 No later than
12/2018
Box Truck (Rolloff) 1999 VOLVOWG BOX TRUCKS 711R $255,000 No later than
12/2018
Flatbed (Can/Cart) 2012 INTL 138 $45,000 No later than
12/2018
PAL Truck (Bin) 2004 INTL 104 $60,000 No later than
12/2018
Rear Loader** 2003 FREIGHTLIN 307R $45,000 No later than
12/2018
Replacement phase-in: fifty percent (50%) of fleet will be ordered in January 2018 and fifty
percent (50%) in July 2018. 100% of replacement fleet will be delivered and in service by
December 2018.
* Single Family Residences will be serviced with split body (dual collection compartment)
vehicles.
** Estimated replacement cost basis adjusted to 25% of estimated purchase price ($180K *
0.25).
ITEM NO. 6C3
1
Meeting Date: November 28, 2017
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Assignment of the Franchise Agreement with Rohnert Park Disposal
for Refuse, Recycling, Compost Materials, and Street Sweeping to
Recology Sonoma Marin
RECOMMENDED ACTION: Approve resolution authorizing the assignment of the City’s
franchise agreement with Rohnert Park Disposal, Inc. (“RPD”) for Refuse, Recycling, Compost
Materials, and Street Sweeping (“Franchise Agreement”) to Recology Sonoma Marin, a wholly
owned subsidiary of Recology Inc. (“Recology”).
BACKGROUND: The City entered into a Franchise Agreement with RPD for a variety of solid
waste hauling and other services in 2001. On August 25, 2017, the City received a request from
RPD to assign the Franchise Agreement to Recology, Inc. The City Council considered this
matter on November 14, 2017 and directed staff to proceed with this recommendation for formal
approval of the contract assignment.
RPD is owned by The Ratto Group (“TRG”). TRG and Recology have entered into an Asset
Purchase Agreement (“APA”) that involves Recology acquiring substantially all of the assets
owned by TRG, including the City’s Franchise Agreement as well as all equipment and facilities
currently used by TRG to perform services for the City and other agencies in Sonoma and Marin
Counties. Unlike a stock purchase, wherein the entire company would be purchased, and
operations taken over under a new name, this asset purchase would effectively render TRG
without assets to provide services, as those assets would become the property of Recology.
Besides the Franchise Agreement with Rohnert Park, TRG operates a number of subsidiary
companies which have solid waste franchises with various jurisdictions in Sonoma County.
Based on the present understanding of the arrangement between TRG and Recology, the APA
includes a condition that all jurisdictions must provide consent to the assignment of their
respective franchises before the transfers under the APA take effect.
A solid waste consulting firm, R3 Consulting Group, Inc. (“R3”), was engaged to conduct a due
diligence review of the fitness of Recology on behalf of cities, town, counties, and other agencies
holding solid waste collection franchise agreements with the various subsidiary companies of
TRG in order to evaluate the proposed assignment.
This review included an assessment of:
Assignment provisions and other requirements of available agreements;
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6C3
2
Financial and operational information provided by TRG and Recology, and
recommendation regarding the appropriateness of assignment based on R3’s review; and
Likely effects of any assignment on rates and services for individual agencies.
ANALYSIS: Section 12.6 of the Franchise Agreement requires RPD provide the City with the
following for the City to consider an assignment:
Most recent 3 years of audited financials of the proposed assignee’s operations;
Demonstrated proof of proposed assignee’s technical capability to perform franchised
services;
Evidence that the proposed assignee has more than 10 years of solid waste collection
experience;
Evidence that the proposed assignee operates in an environmentally safe and
conscientious fashion, and conducts refuse management practices in full compliance with
federal, state, and local laws;
Payment of all costs incurred by City to consider and execute an assignment by hauler;
and
No increase in costs to the services provided of any kind resulting directly or indirectly
from the assignment or the acquisition of RPD.
R3 found that Recology’s operational experiences qualify the company to provide services under
the City’s agreement, and that Recology’s financial resources appear sufficient to meet the
obligations of the City’s agreement, including vehicle and equipment capital replacements
planned for 2018.
R3 was not able to review the APA as TRG and Recology stated that the APA is confidential and
would not be provided for review. As a result, R3’s global review of the fitness of Recology was
limited to a review of the vehicle and facility assets subject to the APA, and financial and
operational documents provided by Recology as they relate to Recology’s ability to perform
services for the City under the Franchise Agreement. Overall, from an operational and financial
perspective, R3 finds that Recology is qualified to perform services required by the Franchise
Agreement.
ALIGNMENT WITH STRATEGIC PLAN: Providing solid waste services is a core City
service. Assignment of the contract will improve the level of service, consistent with the
Strategic Plan goal of ensuring the effective delivery of public services.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends that the City Council approve the proposed
assignment. The assignment of the contract will improve the level of service and help
ensure environmental compliance.
2. Alternative 1: Require RPD to continue service.
ITEM NO. 6C3
3
FISCAL IMPACT/FUNDING SOURCE: There is no direct cost to the City for the
recommended changes. The Franchise Agreement requires all costs incurred by the City to
consider and complete any assignment to be covered by RPD.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: November 20, 2017
City Manager Approval Date: November 20, 2017
Attachments (list in packet assembly order):
1. Resolution
2.Assignment Agreement
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2017-137
RESOLUTION NO. 2017-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING ASSIGNMENT OF THE THIRD AMENDED AND RESTATED
AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK
DISPOSAL, INC. FOR REFUSE, RECYCLABLE MATERIALS COMPOSTABLE
MATERIALS, AND STREET SWEEPING SERVICES BETWEEN ROHNERT PARK
DISPOSAL INC. AND RECOLOGY SONOMA MARIN
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public
health and safety by taking measures in furtherance of their authority over police and sanitary
matters;
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (California Public Resources Code, section 40000 et
seq.), has declared that it is in the public interest to authorize and require local agencies to make
adequate provisions for refuse handling within their jurisdiction;
WHEREAS, under Section 8.12 of the Rohnert Park Municipal Code, the City has the
authority to provide for and otherwise regulate the collection and transportation of refuse,
recyclable materials, and compostable materials, including permitting of self-hauling of such
materials by its citizens;
WHEREAS, the City has declared its intent to maintain reasonable rates for the collection,
transportation and recycling, composting and disposal of refuse;
WHEREAS, Rohnert Park Municipal Code section 8.12.200 requires that waste collection
services be provided by contract;
WHEREAS, the City desires to maintain effective solid waste collection and disposal
services for City residents; and,
WHEREAS, on November 28, 2017 the approved the Third Amended and Restated
Franchise Agreement for Refuse, Recyclable Materials, Compostable Materials and Street
Sweeping Services between the City of Rohnert Park and Rohnert Park Disposal, Inc. (the
“Franchise Agreement”);
WHEREAS, Rohnert Park Disposal, Inc. and the City entered into that certain Multiple
Provider Exclusive Temporary Debris and Roll-off Collection Service Agreement, dated as of
November 17, 2011 (“Temporary Debris Collection Agreement”), which as subsequently amended
has a term through December 31, 2017; and
WHEREAS, the Ratto Group of Companies Inc. and its owners and affiliated entities,
including Rohnert Park Disposal, Inc. (collectively, “Ratto”), entered into an Asset Purchase
Agreement dated August 11, 2017 which provides for the purchase by Recology Inc. or its
designated subsidiaries of substantially all of Ratto’s assets;
2
2017-137
WHEREAS, Ratto has requested the City’s consent to assign the Franchise Agreement to
Recology Sonoma Marin, a wholly-owned subsidiary of Recology Inc.;
WHEREAS, pursuant to Section 12.06 of the Franchise Agreement, Rohnert Park Disposal,
Inc. must pay for the reasonable expenses for the City to approve of any assignment, must provide
satisfactory proof that the proposed assignee has the appropriate waste management experience and
sound waste management practices, and any assignment may not result in increased customer rates;
WHEREAS, City staff and the City’s consultant, R3 Consulting Group, Inc., have
examined the financial data and solid waste industry compliance records of Recology Inc. and its
subsidiary, Recology Sonoma Marin; and
WHEREAS, the City’s consultant, R3 Consulting Group, Inc., has performed due diligence
and determined Recology Sonoma Marin has the resources to be able to effectively carry out the
obligations listed in the Collection Services Agreement; and
WHEREAS, the attached Assignment and Assumption Agreement provides that the City
will consent to the assignment of the Franchise Agreement on the terms and conditions set forth
therein, including payment of all amounts due by Rohnert Park Disposal, Inc. under the Franchise
Agreement and Temporary Debris Collection Agreement, and the receipt of certain representations
and warranties from Recology Sonoma Marin.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
Section 1. Recitals. The above-referenced recitals are true and correct and material to this
Resolution.
Section 2. City Consent. The City Council hereby consents to the assignment of the
Franchise Agreement to Recology Sonoma Marin on such terms as are set forth in the attached
Assignment and Assumption Agreement.
Section 3. Execution. The City Manager is hereby authorized and directed to execute and
take all actions necessary to effectuate an assignment in substantially similar form to the
Assignment and Assumption Agreement attached hereto as Exhibit A and incorporated by this
reference, subject to minor modification by the City Attorney.
Section 4. Environmental Review. The City Council hereby finds that the activity taken by
the City Council is exempt from the California Environmental Quality Act (CEQA) under CEQA
Guidelines section 15301 (existing facilities), 15308 (actions by regulatory agencies for protection
of the environment) and under 15061(b)(3) (the common sense exemption), because it can be seen
with certainty that there is no possibility that the adoption of this agreement will have a significant
effect on the environment.
Section 5. Severability. If any action, subsection, sentence, clause or phrase of this
Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portions of this Resolution that can be given
effect without the invalid provisions.
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2017-137
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 28th day of November, 2017.
CITY OF ROHNERT PARK
_________________________
Jake Mackenzie, Mayor
ATTEST:
____________________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibit A – Assignment Agreement
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
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ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement (“Agreement”) is entered into as of
November ___, 2017 by and among the City of Rohnert Park, a California municipal corporation
(“City”), Rohnert Park Disposal, Inc., a California corporation (“RPDI”), and Recology Sonoma
Marin, a California corporation (“Recology”) (collectively “Parties”).
WHEREAS, City and RPDI are parties to a Third Amended and Restated Agreement for
Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services, dated as
of November [___], 2017 (the “Franchise Agreement”);
WHEREAS, The Ratto Group of Companies Inc. and its owners and affiliated entities,
including RPDI (collectively, “Ratto”), entered into an Asset Purchase Agreement dated August
11, 2017 (the “APA”) which provides for the purchase by Recology Inc. or its designated
subsidiaries of substantially all of Ratto’s assets;
WHEREAS, in connection with the closing of the transactions contemplated by the APA
(the “Closing”), RPDI wishes to assign the Franchise Agreement to Recology, and Recology
wishes to accept such assignment;
WHEREAS, the Parties acknowledge that the performance of the Franchise Agreement
involves rendering a vital service to City's residents and businesses, and that City previously
selected RPDI to perform the services specified therein based on (1) RPDI’s experience, skill
and reputation for conducting its waste management operations in a safe, effective and
responsible fashion, at all times in keeping with applicable waste management laws, regulations
and good waste management practices, and (2) RPDI’s financial resources to maintain the
required equipment and to support its indemnity obligations to City under the Franchise
Agreement;
WHEREAS, Section 12.06 of the Franchise Agreement provides that the Franchise
Agreement may not be assigned by RPDI without the prior written consent of City;
WHEREAS, Section 12.06 of the Franchise Agreement provides there shall be no
increase in costs to the services provided of any kind resulting directly or indirectly from the
assignment of RPDI’s interest under the Franchise Agreement.
WHEREAS, Section 12.06 of the Franchise Agreement provides that the City is not
required to consider consent to assignment until:
A.RPDI undertakes to pay the City its reasonable expenses for attorneys’ fees and
investigation costs necessary to investigate any proposed assignee, and to review
and finalize any document required for such assignment;
B.The City is furnished with three years of audited financial statements of the
assignee’s operations;
C.The City is furnished with satisfactory proof that the proposed assignee has at least
ten (10) years of Refuse management experience on a scale equal to or exceeding
the sale of operations conducted by Contractor under this Agreement; that (ii) in the
last five (5) years, the proposed assignee has not suffered any citations or other
adverse action or decision from any federal, state, or local jurisdiction over its waste
Exhibit A
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management operations due to any significant failure to comply with federal, state, or
local waste management laws and that the assignee has provided the City with a
complete list of such citations, actions, and decisions; that (iii) the proposed assignee
has at all times conducted its operations in an environmentally safe and
conscientious fashion; that (iv) the proposed assignee conducts its operations in
accordance with sound waste management practices and in full compliance with all
applicable federal, state and local laws regulating the collection and disposal of
waste; and (v) of any other information required by City to ensure the proposed
assignee can fulfill the terms of this Agreement in a timely, safe and effective
manner.
WHEREAS, RPDI and the City entered into that certain Multiple Provider Exclusive
Temporary Debris and Roll-off Collection Service Agreement, dated as of November 17, 2011
(“Temporary Debris Collection Agreement”), which as subsequently amended has a term
through December 31, 2017; and
WHEREAS, City wishes to ensure that payment obligations by RPDI under the
Franchise Agreement and Temporary Debris Collection Agreement will be satisfied
notwithstanding the transactions contemplated by the APA.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Parties and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1.Assignment by RPDI. Subject to and effective as of the Closing, RPDI will assign to
Recology all of its right, title and interest in and to the Franchise Agreement.
2.Acceptance by Recology. Subject to and effective as of the Closing, Recology will
accept such assignment and will assume all duties and obligations of RPDI under the Franchise
Agreement from and after the Closing.
3.Notification to City. Recology shall notify City in writing that the Closing has occurred by
the end of the following business day thereafter. Recology shall satisfy the requirements of this
section by providing notice via email to Assistant City Manager Don Schwartz at
dschwartz@rpcity.org and City Manager Darrin Jenkins at dajenkins@rpcity.org.
4.RPDI Representations and Warranties. RPDI has full power and authority to execute
and deliver this Agreement, and the other documents to be executed and delivered pursuant to
this Agreement, and to perform and observe the terms and provisions of this Agreement. This
Agreement and all other documents or instruments executed and delivered, or to be executed
and delivered, pursuant to this Agreement have been executed and delivered by persons who
are duly authorized to execute and deliver the same for and on behalf of RPDI and Ratto, and
all actions required under the organizational documents and applicable governing law for the
authorization, execution, delivery and performance of this Agreement and all other documents
or instruments executed and delivered, or to be executed and delivered, pursuant to this
Agreement, have been duly taken.
5.Recology Representations and Warranties. As a material inducement to the City’s
consent to assignment, Recology provides the following representations and warranties to City
as of the date Recology executes this Agreement:
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a. Recology is a corporation duly organized, validly existing and in good standing
under the laws of the State of California. It is qualified to transact business in the
State of California and has the corporate power to own its property and carry on
its business as now owned and operated and as may be required by the
Franchise Agreement.
b. Recology has full corporate power and corporate authority to execute and deliver
this Agreement, and the other documents to be executed and delivered pursuant
to this Agreement, and to perform and observe the terms and provisions of this
Agreement and the Franchise Agreement. This Agreement and all other
documents or instruments executed and delivered, or to be executed and
delivered, pursuant to this Agreement have been or will be executed and
delivered by persons who are duly authorized to execute and deliver the same
for and on behalf of Recology, and all actions required under Recology’s
organizational documents and the California Corporations Code for the
authorization, execution, delivery and performance of this Agreement and all
other documents or instruments executed and delivered, or to be executed and
delivered, pursuant to this Agreement, have been or will be duly taken.
c. To the best of Recology’s knowledge, after reasonable investigation, neither the
execution or delivery of this Agreement, nor Recology’s performance of this
Agreement or the Franchise Agreement: (i) conflicts with, violates, or results in a
breach of any applicable law; or (ii) conflicts with, violates or results in a breach
of any term or condition of any judgment, order or decree of any court,
administrative agency or other governmental authority, or any agreement or
instrument to which Recology is a party or by which Recology or any of its
properties or assets are bound, or constitutes a default thereunder.
d. To the best of Recology’s knowledge, after reasonable investigation, there is no
action, suit, proceeding or investigation, at law or in equity, before or by any court
or governmental authority, commission, board, agency or instrumentality
decided, pending or threatened against Recology wherein an unfavorable
decision, ruling or finding, in any single case or in the aggregate, would materially
adversely affect the performance by Recology of its obligations under this
Agreement or the Franchise Agreement or which, in any way, would adversely
affect the validity or enforceability of this Agreement or the Franchise Agreement
or which would have a material adverse effect on the financial condition of
Recology or any surety guaranteeing Recology’s performance under this
Agreement and the Franchise Agreement, which has not been waived by the City
in writing.
e. Recology’s management has at least ten (10) years of waste management
experience on a scale equal to or exceeding the sale of operations conducted by
RPDI under the Franchise Agreement;
f. In the last five (5) years, Recology has not suffered any citations or other adverse
action or decision from any federal, state, or local jurisdiction over its waste
management operations due to any significant failure to comply with federal,
state, or local waste management laws and that Recology has provided the City
with a complete list of any citations, adverse actions, and adverse decisions by
any court or governmental authority;
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g. Recology conducts its operations in an environmentally safe and conscientious
fashion, in accordance with sound waste management practices, and in full
compliance in all material respects with all applicable federal, state, and local
laws regulating the collection and disposal of waste;
h. In accordance with Section 12.06 of the Franchise Agreement, assignment of the
Franchise Agreement shall not result in any increase in rates charged for
services provided under the Franchise Agreement, except for such adjustments
as may be allowed under Section 8.03 and 8.04 or otherwise under the
Franchise Agreement.
6. Recology Acknowledgement of Rate Review. Recology acknowledges the detailed rate
review recently requested by RDPI and the resulting rate adjustment for the period January 1,
2018-June 30, 2018 and approved by the City concurrently with the Franchise Agreement. The
parties acknowledge and agree that the next two (2) refuse rate index (RRI) adjustments under
Section 8.03 of the Franchise Agreement shall occur effective July 1, 2018 and July 1, 2019. In
accordance with Section 8.04 of the Franchise Agreement, neither Recology nor City may
request a detailed rate review under Section 8.04 to adjust rates for any period before July 1,
2020.
7. City Acknowledgement of Recology Fiscal Year. City acknowledges that Recology’s
fiscal year ends September 30, and that Recology’s financial statements will be prepared on
that basis. In light of the differing fiscal year, Recology agrees to provide annual reports under
Section 6.04.1 and audited financial information under Section 6.05.2 no later than 5:00 p.m. on
March 1 after the close of the fiscal year ending September 30.
8. Updated Vehicle Inventory. Recology shall provide a list of vehicles assigned to City’s
franchise, with vehicles ages and other identifying details as may be requested by the City,
within sixty (60) days of the Closing.
9. Insurance. City has reviewed the insurance certificates and endorsements attached
hereto as Exhibit L which, subject to and effective as of the Closing, shall become Exhibit L of
the Franchise Agreement. Recology warrants to the City that such insurance certificates and
endorsements satisfy the requirements of Section 9.04 of the Franchise Agreement, except that
Recology’s insurers use forms that are different from, but equivalent to, the forms specified in
Sections 9.04.1.A, 9.04.1.B and 9.04.7.B(2) of the Franchise Agreement.
10. Notice. In accordance with Section 12.14, notices under the Franchise Agreement shall
be provided to Recology at the following address:
Recology Sonoma Marin
c/o Recology Inc.
Attention: Legal Department
50 California Street, 24th Floor
San Francisco, CA 94111
11. Payment by RPDI. RPDI has deposited with the City a deposit in the amount of
$ _____, representing the City’s estimated cost for (1) attorneys’ fees and investigation costs
necessary to investigate the assignment of the Franchise Agreement to Recology, and to review
and finalize documents required for such assignment, and for all other costs of the City in
connection with the assignment of the Franchise Agreement, in accordance with Section 12.06,
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(2) cost of the detailed rate review, under Section 8.04, (3) an amount reflecting an average of
one-month payment anticipated to become due to the City under the terms of the Franchise
Agreement, plus contingency and (4) such other amounts otherwise anticipated to become due
to the City under the Temporary Debris Collection Agreement, plus contingency. In the event
that Closing does not occur by December 15, RPDI shall continue to make franchise payments
in accordance with the terms and schedule set forth in the Franchise Agreement, and the
making of such payments by RPDI or Recology to the City’s reasonable satisfaction, with such
satisfaction to be evidenced in writing by the City Manager to the other Parties, shall be a
condition precedent to the City’s consent under Section 14 of this Agreement. Upon notification
to the City of Closing, the deposit shall be applied to satisfy costs associated with the
assignment and any amounts due or anticipated to become due under the Franchise Agreement
and Temporary Debris Collection Agreement. Within 90 days of the Closing, the City shall
complete review of its actual costs incurred and shall refund any balance due to RPDI.
12. Release and Waiver of City by RPDI and Ratto. In exchange for the consideration
reflected in this Agreement, including but not limited to release from its obligations under the
Franchise Agreement, RPDI and The Ratto Group of Companies Inc. (“TRG”), on their own
behalf as well as on behalf of their respective corporations, subsidiaries, predecessors, agents,
officers, directors, employees, attorneys, representatives and agents, affiliates, policyholders
and dbas and any persons acting on their behalf (collectively, “Releasing Parties”), hereby
release and discharge the City, the City Council, and the City’s agents, officers, employees,
attorneys, and representatives (collectively, “Released Parties”) from any and all claims,
actions, causes of action, rights or obligations, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, whether contingent or liquidated, of every kind, nature
and description that Releasing Parties now have or may have against the Released Parties
arising from, related to or having any connection with the Franchise Agreement or the
performance of services thereunder (all of the foregoing collectively, “Claims”), except claims to
enforce the terms of this Agreement.
In furtherance of this intention, Releasing Parties expressly waive any and all rights that might
be claimed by reason of fraudulent inducement and any and all rights under Section 1542 of the
California Civil Code with respect to the Released Matters, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
RPDI acknowledges and agrees that this waiver is an essential and material term of this
Agreement and without such waiver the Agreement would not have been entered into by City or
Recology.
13. Indemnification by Recology. Subject to and effective as of the Closing, Recology
agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to
the City) the Released Parties, from all Claims made by the Releasing Parties in connection
with the Franchise Agreement, except to the extent caused by the City’s willful misconduct or
gross negligence. The provisions of this section shall survive the expiration or termination of the
Franchise Agreement, and shall remain in full force and effect. As a material inducement to
the foregoing agreement by Recology, each of City and the Releasing Parties represents and
warrants to Recology that, as of the date it executes this Agreement, it is not aware of any
Claims.
6
OAK #4824-2234-3763 v6
14. City Consent. City hereby consents to the foregoing assignment and assumption of the
Franchise Agreement on the terms and conditions set forth herein.
15. Multiple Originals; Counterparts. This Agreement may be executed in multiple originals,
each of which is deemed to be an original, and may be signed in counterparts.
IN WITNESS WHEREOF, this Assignment and Assumption Agreement is entered into
as of the date first written above.
City of Rohnert Park
By:
Name:
Title:
Date:____________________________
The Ratto Group of Companies Inc.
By:
Name:
Title:
Date:____________________________
Rohnert Park Disposal, Inc.
By:
Name:
Title:
Date:
Recology Sonoma Marin
By:
Name:
Title:
Date:____________________________
Attachments:
Exhibit L – City Insurance Endorsement Forms and Insurance Certificates
Exhibit L-1 – Form of Performance Bond
ITEM NO. 6C4
1
Meeting Date: November 28, 2017
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Consideration of Changing the Sister Cities Relations Committee
Members’ Term of Office from Two Years to Four Years and Adjust the
Terms of Office of Existing and Newly Appointed Members
RECOMMENDED ACTION:
Consideration of Changing the Sister Cities Relations Committee Members’ Term of Office from
Two Years to Four Years and Adjusting the Terms of Office of Existing and Newly Appointed
Members
BACKGROUND:
City Council identified potential continuity issues for City Commissions, Committees, and
Boards (CCB) due to the lack of staggered terms and Council’s desire to have appointee terms
synchronized with the appointing councilmember’s term. In December 2016, City Council
established an ad hoc committee to review the current practices; Mayor Mackenzie and Vice
Mayor Stafford were appointed to the ad hoc committee in January 2017. The Committee’s goal
was to provide CCB continuity and preserve City Council’s practice of synchronizing CCB
terms of office with the appointing councilmember’s term.
Staggered terms of office prevents all appointee terms from expiring at the same time thus
reducing the possibility that all appointees on a CCB would be new and without experience.
Four year terms of office that coincide with the appointing councilmember’s term of office keeps
CCB member terms from expiring in the same year. Therefore, in August 2017 the Committee
recommended to the City Council to change all terms of office to four years that coincide with
the appointing councilmember’s term of office. City Council unanimously supported the
Committee’s recommendation and directed staff to move forward with implementation.
Implementation includes communicating with the CCB members, amending various resolutions
and ordinances, and updating procedures.
ANALYSIS:
City Council Protocols Section XI.A.2. state, “For City commissions, committees, and boards
with five (5) members, each Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards in excess of five (5) members shall be selected by the
Council as a whole on an “at-large” basis.”
Currently the five member Sister Cities Relations Committee (Committee) has staggered, two-
year terms that do not coincide with the appointing councilmember’s term of office.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6C4
2
The chart below demonstrates what the proposed change looks like in relation to the current
terms.
The proposed resolution will change the term of office for committee members from two years to
four years. The proposed ordinance will also change the terms of office for existing committee
members so that they coincide with the appointing councilmember’s term of office as follows:
- Shari Lorenz: Ms. Lorenz’s term of office will remain unchanged because it already
coincides with Vice Mayor Stafford’s term of office.
- Olga Senyk: Ms. Senyk’s term of office is set to expire in December of 2018. Ms.
Senyk’s term of office will be extended by two years to December 2020 to coincide with
Mayor Mackenzie’s term of office.
- Gay Deady: Ms. Deady’s term of office is set to expire in December of 2018. Ms.
Deady’s term of office will be extended by two years to December 2020 to coincide with
Councilmember Belforte’s term of office.
- Sachiko Knappman: Mr. Knappman’s term of office is set to expire in December of this
year (appointed at large) and he is seeking reappointment. Councilmember Callinan is
next in line to make an appointment to the Committee. Councilmember Callinan is
appointing Mr. Knappman. Mr. Knappman’s term of office will be for three years and
will expire in December of 2020 to coincide with Councilmember Callinan’s term of
office.
- Tadao Kunishi: Mr. Kunishi’s term is set to expire in December of this year, and he is not
seeking reappointment. Councilmember Ahanotu is next in line after Councilmember
Callinan to make an appointment to the Committee. His appointee’s term of office will
be for one year and expire in December of 2018 to coincide with Councilmember
Ahanotu’s term of office.
NAME OF
COMMISSIONER
CURRENT
TERM
EXPIRES
TERM SHOULD
BE EXTENDED
TO
APPOINTED BY /
TERM EXPIRATION
Shari Lorenz 12/2018 N/A Pam Stafford /
12/2018
Olga Senyk 12/2018 12/2020
(2 year extension)
Jake Mackenzie /
12/2020
Gay Deady 12/2018 12/2020
(2 year extension)
Gina Belforte /
12/2020
Sachiko Knappman 12/2017
12/2020 (seeking
reappointment,
and will serve a
new 3 year term)
Joseph T. Callinan /
12/2020
Tadao Kunishi 12/2017
12/2018 (not
seeking
reappointment, his
successor will
serve a new 1 year
term)
Amy O. Ahanotu /
12/2018
ITEM NO. 6C4
3
Currently Section 2 of Resolution 85-30 reads as follows:
“(2) Term of office shall be for two (2) years. Appointments shall be made annually with
staggered terms. All members of the Rohnert Park Sister City Relations Committee shall serve
at the pleasure of the City Council.”
The proposed amendment reads as follows:
“(2) Term of office shall be for four (4) years. Terms shall be staggered. All members shall
serve at the pleasure of the City Council”
STRATEGIC PLAN ALIGNMENT:
City Committees, Commissions, and Boards support the City’s values of communication and
collaboration and Goal A – Practice participative leadership at all levels.
OPTIONS CONSIDERED: (list however many are appropriate)
1. Recommended Option: Staff recommends adopting a resolution amending Resolution
No. 85-30 changing Sister Cities Relations Committee Term of Office from two years to
four years and extending the terms of office of existing members because this meets
Council’s goal of providing CCB continuity and preserves City Council’s practice of
synchronizing CCB terms of office with the appointing Councilmember’s term.
2. Alternative: Do not adopt a resolution and provide direction to staff.
FISCAL IMPACT/FUNDING SOURCE:
This item has no fiscal impact.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 11/20/2017
City Manager Approval Date: 11/21/2017
Attachments (list in packet assembly order):
1. Rohnert Park City Council Resolution 85-30
2. Proposed resolution
3. City Council Protocol Section XI City Commissions, Committees, and Boards
RESOLUTION T'jm. 85-30
A RESOLUTION OF THE ROANERT PARK CITY COUNCIL
AMENDING RESOLUTION 84-66 (Creating the Rohnert
Park Sister City Relations Committee)
WHEREAS on April 9, 1984, the Rohnert Part City Council
adopted Resolution No. 84-66 creating the Rohnert Park Sis-
ter City Relations Committee, and
WHEREAS the Committee has reviewed its status and
responsibilities and has prepared a report recommending
certain changes or amendments to the Committee and the
Resolution creating the Committee, and
WHEREAS it is in the interest of the City of Rohnert
Park to amend Resolution 84-66 as recommended by the Com-
mittee,
NOW THEREFORE BE !T RESOLVED BY THE Rohnert Park City
Council that Resolution No. 84-66 be amended as follows:
1. Item (2) of Resolution No. 84-66 is amended as fol-
lows:
2) Term of office shall be for two k2) years.
Appointments shall be made annually with staggered
terms. All members of the Rohnert Park Sister
City Relations Committee shall serve -at the
pleasure of the City Council."
2. Item (3) of Resolution No. 84-66 is amended to read
and provide as follows:
3) From its membership, the Committee shall elect
a Chairman, a Vice-Chairman, a Secretary, and a
Treasurer.''
3. Item (7) of Resolution No. 84-66 is deleted in
its entirety.
4. Item (8) of Resolution No. 84-66 is renumbered as
item (7) and is amended to read and provide as follows:
7) The purposes for which the Rohnert Park Sister
City Committee is formed are as follows:
a) to research and recommend to the Rohnert Park City
Council that the City of Rohnert Park adopt sister cities
that can be accommodated within the program,
b) to archive information relevant to adopted sister
cities,
c) to make relevant information accessible to any
individual or group within the city,
d) to identify specific interests of the sister cities
and to promote exchanges in these areas,
e) to render advice and assistance to the Rohnert
Park City Council, city departments and the School District
on matters related to sister city programs,
f) to inform the community about adopted sister cities
and related ongoing programs,
g) to encourage community participation in the
activities of this committee,
h) to develop programs that encourage the partici-
pation of individuals, businesses, media, community organi-
zations, fraternal organizations, service organizations,
churches, Chamber of Commerce, PTA's, schools, senior
citizens groups, etc., in sister city related activities,
i) to encourage, initiate, promote or otherwise par-
ticipate in exchanges of people, things and/or information
between Rohnert Park and its sister cities,
j) to coordinate, endorse and monitor all exchanges
within the program,
k) to plan and coordinate activities for visitors
of the sister cities,
1) to provide for cataloging, storing and lending
material received by the Committee and the City of Rohnert
Park,
m) to provide a means of collecting, allocating and
disbursing funds as appropriate and consistent with commit-
tee purposes, and
n) to serve as a sounding board for the residents
of Rohnert Park regarding sister city programs.,,
5. The second to the last paragraph of the section
that prohibits administrative activity and which commences
with the words "BE IT FURTHER RESOLVED THAT it is the inten-
tion of the City Council. . ." is hereby deleted.
BE !I FURTHER RESOLVED that Resolution No. 84-66,
except as amended herein is ratified and approved as
originally adopted.
DULY AND REGULARLY PASSED AND ADOPTED BY THE ROHNERT PARK
CITY COUNCIL THIS 15th DAY OF FEBRUARY, 1985.
AYES: (5) Councilmen Eck, Hopkins, Roberts, Stewart and Mayor
Hollingsworth
NOES: (0) None
ABSENT: (0) None
ATTEST:
APPROVED: . ?
MAYOR
f
1
RESOLUTION NO. 2017-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING RESOLUTION NO. 85-30 CHANGING SISTER CITIES RELATIONS
COMMITTEE MEMBERS’ TERM OF OFFICE FROM TWO YEARS TO FOUR
YEARS AND ADJUST THE TERMS OF OFFICE OF EXISTING AND NEWLY
APPOINTED MEMBERS
WHEREAS, the City of Rohnert Park City Council adopted Resolution No. 84-66
establishing a Sister Cities Relations Committee (“Committee”) and set forth the Committee’s
conditions and understandings; and
WHEREAS, the City of Rohnert Park City Council adopted Resolution No. 85-30,
which amended portions of the conditions and understandings set forth in Resolution No. 84-66,
and established staggered two-year terms of office, with annual appointments; and
WHEREAS, City Council Protocols Section XI.A.2. states “For City commissions,
committees, and boards with five (5) members, each councilmember shall be entitled to appoint
one member;” and
WHEREAS, on August 8, 2017, the City Council of the City of Rohnert Park directed
staff to implement a four year term of office that coincides with the appointing councilmember’s
term of office for all City commissions, committees, and boards; and
WHEREAS, this resolution is intended to change the terms of office for existing and
future committee members so that they coincide with the appointing councilmember’s term of
office as follows:
- Shari Lorenz: Ms. Lorenz was appointed to the Committee by Vice Mayor Stafford. Ms.
Lorenz’s current term of office will remain unchanged because it already coincides with
Vice Mayor Stafford’s term of office.
- Olga Senyk: Ms. Senyk was appointed to the Committee by Mayor Mackenzie. Ms.
Senyk’s current term of office is set to expire in December of 2018. Ms. Senyk’s current
term of office will be extended by two years to December 2020 to coincide with Mayor
Mackenzie’s term of office.
- Gay Deady: Ms. Deady was appointed by Councilmember Belforte. Ms. Deady’s current
term of office is set to expire in December of 2018. Ms. Deady’s current term of office
will be extended by two years to December 2020 to coincide with Councilmember
Belforte’s term of office.
- Sachiko Knappman: Mr. Knappman’s term of office is set to expire in December of this
year (appointed at large) and he is seeking reappointment. Councilmember Callinan is
next in line to make an appointment to the Committee. Councilmember Callinan is
appointing Mr. Knappman. Mr. Knappman’s term of office will be for two years and will
expire in December 2020 to coincide with Councilmember Callinan’s term of office.
- Tadao Kunishi: Mr. Kunishi’s term is set to expire in December 2017, and he is not
seeking reappointment. Councilmember Ahanotu is next in line after Councilmember
( 2 )
2017-138
Callinan to make an appointment to the Committee. Councilmember Ahanotu’s
appointee’s term of office will be for one year and will expire in December of 2018 to
coincide with Councilmember Ahanotu’s term of office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
as follows:
SECTION 1. Section 2 of Resolution 85-30 is hereby amended in its entirety to read as
follows:
“(2) Term of office shall be for four (4) years. Terms shall be staggered. All members shall serve
at the pleasure of the City Council.”
SECTION 2. The terms of office of the current and newly appointed Committee members
shall be adjusted as follows:
A. Shari Lorenz: Ms. Lorenz’s current term of office will expire in December 2018 and will
remain unchanged.
B. Olga Senyk: Ms. Senyk’s current term of office, which is set to expire in December of
2018, will be extended by two (2) years to December 2020.
C. Gay Deady: Ms. Deady’s current term of office, which is set to expire in December of
2018, will be extended by two (2) years to December 2020.
D. Sachiko Knappman: Mr. Knappman’s current term of office will expire in December
2017. Councilmember Callinan hereby appoints Mr. Knappman to a new three (3) term
of office that will expire in December 2020.
E. Tadao Kunishi: Mr. Kunishi’s current term of office will expire in December 2017.
Councilmember Ahanotu will appoint a new Committee member for a one (1) year term
of office that will expire in December 2018.
DULY AND REGULARLY ADOPTED this 28th day of November, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
City Council Protocols Page 23 of 27
Amended 12/13/2016 by Reso. No. 2016-115
F. Committee Materials
Meeting agendas will be compiled by staff with input from each committee
member. Committee materials will be provided to each committee member. These
materials will be distributed to each committee member at the same time. Special
arrangements may be made with committee members who are out of town when
materials are distributed.
G. Committee Recommendations
Generally, committee members should reach agreement on findings and
recommendations to present to the City Council. When the opinions of committee
members are divergent, each member may submit his/her findings and
recommendations separately to the City Council. Although written minutes of
each committee meeting are not required, committee findings and
recommendations should be presented to the City Council in a written document.
H. Staffing
Councilmembers assigned to committees will observe the City Council Protocols
regarding staff assignment of duties. Only the City Manager will assign staff to
committees for the purposes of administrative services, to attend committee
meetings, and to assist with committee presentations to the City Council.
XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS
A. Appointments to City Commissions, Committees, and Boards
The following procedures will be used in considering appointments by the City
Council to the various City commissions, committees, and boards which extend
for a term in excess of six (6) months:
1. All persons interested in being considered for service on a City board,
commission, or committee must have on file with the City an application
(fact-sheet) or request for reappointment indicating an interest in serving.
2. For City commissions, committees, and boards with five (5) members, each
Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards in excess of five (5) members shall be
selected by the Council as a whole on an “at-large” basis.
3. At-large nominees must receive a majority vote of the City Council
membership in order to be appointed.
4. Nominations/appointments are made on a rotation basis. Rotation order is by
seniority, based on 1) the date first elected to City Council to present
continuous period of service and 2) the number of votes received in the event
of a tie in period of service. In circumstances in which two members have the
same tenure on the City Council, the number of votes received in the election
determines the position in the sequence, with the Councilmember receiving
the highest number of votes being first. If a Councilmember is appointed to
City Council Protocols Page 24 of 27
Amended 12/13/2016 by Reso. No. 2016-115
fill a mid-term vacancy, that Councilmember will go to the bottom of the
rotational list. The City Clerk shall keep a record of the appointments and the
Councilmembers’ rotation order. The rotation order shall stay intact for future
appointments unless amended or rescinded.
5. Whenever an appointed member of a commission, committee, or board
vacates a term of office, the Councilmember who nominated/appointed said
person, or the Councilmember’s successor in office, shall be entitled to make
the appointment to complete the term of office.
6. Whenever a vacancy occurs on a City commission, committee, or board, the
City Clerk shall post a notice of the vacancy notifying the public of the
vacancy to be filled and the date that applications will be considered to fill the
vacancy in compliance with the Maddy Act.
7. The City Council may establish committees, commissions, boards, or other
taskforces with a nomination/appointment process as the Council deems
appropriate.
B. Policy for Service on City Commissions, Committees, and Boards
1. Attendance
Members of commissions, committees, and boards are expected to attend
meetings on a regular and consistent basis. An automatic vacancy shall occur on a
commission, committee, or board if a member is absent from three (3)
consecutive regular meetings without cause. Cause means “illness or other
unavoidable circumstance of which the chair of the board, commission or
committee is notified prior to the meeting.” The chair of the commission or
committee shall notify the City Manager promptly of all absences that are excused
for cause.
2. Removal
Each member of a board, commission, or committee created and appointed by the
City Council serves at the pleasure of the City Council. Any Councilmember may
bring forward a proposal to remove a board, commission, or committee member.
Three (3) affirmative votes of the City Council are required to remove a member
of a board, commission, or committee.
3. Role
Most commissions, committees, and boards established by the City Council are
advisory to the City Council. The role of all such commission, committee, or
board is to make recommendations to the City Council on matters affecting the
City of Rohnert Park. Except as otherwise provided in state or local law,
commissions and committees have no independent role separate and apart from
their role as advisory to the City Council. Commissions, committees, and boards
have no authority to appropriate funds or make policy except as otherwise
approved by the City Council.
City Council Protocols Page 25 of 27
Amended 12/13/2016 by Reso. No. 2016-115
4. Conflict of Interest
All members of commissions, committees, and boards shall abide by the
provisions of the Political Reform Act of the State of California and provisions of
the common law relating to conflicts of interest.
XII. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Councilmember, the City Council
will fill the vacancy by appointment or special election in accordance with the
procedures set forth in Government Code section 36512.
XIII. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City
Hall, is for the use of the City Council, Planning Commission, other City Council
advisory bodies, and other groups and committees of the City and such other
intergovernmental or citizens groups as the City may convene.
B. A calendar of use shall be maintained by the City Clerk’s office, and all requests
for use should be regularly calendared or scheduled through that office.
C. The City Council Chamber shall not be used for political or commercial purpose
except as outlined in the following paragraph:
D. The City shall allow the use of the Council Chamber for the conduct of candidate
forums for election, whether for city, county, state, or national office under the
following circumstances:
1. When the candidates’ forum is sponsored by a 501(c)3 non-profit agency, a
legitimate non-partisan group, or a governmental agency.
2. When all candidates for that public office have been invited to participate, and
a majority of the candidates have indicated that they will do so.
3. When the event is chaired and moderated in an impartial and objective way
which is fair to all candidates.
E. Use of City-owned and operated television and broadcasting capability shall be
limited to broadcast of City Council, Planning Commission , and other City
advisory body meetings, for use every two years by the League of Women Voters
for a Council Candidate Forum, and for City-related emergency or informational
purposes as authorized by the City Manager. Use of the video broadcasting
system by an outside agency is not allowed except with the permission of the City
Council at least two weeks prior to the event. If such use is granted it is subject to
appropriate personnel – equipment – overhead charges as established by the City
Manager.
ITEM NO. 6C5
OAK #4831-0316-9347 v1 1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Jeffrey S. Beiswenger, Planning Manager
Agenda Title: Approving an Amended Affordable Housing Covenant with Columbia
Redwood Creek, LLC
RECOMMENDED ACTION: Approve a resolution authorizing and approving the first
amendment to Affordable Housing Covenant, including deed and pre-completion transfer
restrictions, by and between the City and Columbia Redwood Creek, LLC.
BACKGROUND and ANALYSIS: The Redwood Creek Apartments project, located at 600
Rohnert Park Expressway, was approved in 2003 for 232 units with a requirement that 35 units
be rented to low-income households for a minimum period of 30 years. In 2005, the City entered
into an agreement with the Spanos Corporation to fulfill this inclusionary housing requirement.
Representatives of the apartment complex recently reached out to the City about amending the
existing covenant, specifically as it relates to occupancy requirements. Based on a review of the
covenant and current state and federal housing guidelines, the requested amendment is
appropriate. There are no state or federal laws that set forth a required occupancy limit for
housing units. However, current California Department of Fair Employment and Housing
(DFEH) guidelines recommend occupancy standards of two persons per bedroom plus one
additional person for the overall rental unit
As a result, the City Attorney’s office has been working with the owner of the apartment
complex to draft an amendment which would modify the occupancy requirements on the
affordable units so that they are in line with current DFEH guidelines. All other provisions of the
original covenant, drafted in 2005, will remain the same.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal C –
Ensure the Effective Delivery of Public Services.
OPTIONS CONSIDERED: None. Staff recommends amending the agreement between the
City and apartment complex to bring the occupancy limit for the complex in line with the current
recommendations of DFEH.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is the staff time
associated with implementing the amendments.
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. 6C5
OAK #4831-0316-9347 v1 2
Department Head Approval Date: 11/22/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 11/22/2017
City Manager Approval Date: 11/22/2017
Attachments (list in packet assembly order):
1. Resolution Authorizing and Approving Amendment No. 1 to the Affordable Housing
Covenant including Deed and Pre-Completion Transfer Restrictions by and between the
City of Rohnert Park and Columbia Redwood Creek LLC
2. Resolution Exhibit A – Amendment No. 1 to Affordable Housing Covenant including
Deed and Pre-Completion Transfer Restrictions
1
RESOLUTION NO. 2017-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AMENDMENT NO. 1 TO AFFORDABLE
HOUSING COVENANT INCLUDING DEED AND PRE-COMPLETION TRANSFER
RESTRICTIONS BY AND BETWEEN THE CITY OF ROHNERT PARK AND
COLUMBIA REDWOOD CREEK, LLC
WHEREAS; the Redwood Creek Apartment Complex is 232 unit complex which was
approved in 2003 with condition that 35 units be rented to low-income households for a
minimum period of 30 years; and
WHEREAS, in 2005, the City entered into an Affordable Housing Covenant Including
Deed and Pre-Completion Transfer Restrictions (“Covenant”) with the Spanos Corporation, the
original developer of the property, to fulfill this inclusionary housing requirement; and
WHEREAS, Columbia Redwood Creek LLC is successor in interest to Spanos
Corporation and is currently responsible for complying with the Covenant; and
WHEREAS, there are currently no state or federal standards for occupancy restrictions
on affordable rental units but the California Department of Fair Employment and Housing
guidelines recommend occupancy standards of two persons per bedroom plus one additional
person for the overall rental unit
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve Amendment 1 to Affordable Housing Covenant
Included Deed and Pre-Completion Transfer Restriction by and between Columbia Redwood
Creek LLC, a Delaware Limited Liability Company and the City of Rohnert Park, a municipal
corporation.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the agreement attached hereto
as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney.
( 2 )
2017-140
DULY AND REGULARLY ADOPTED this 28th day of November, 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
OAK #4810-8062-2420 v1 11/22/17 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]
AMENDMENT NO. 1 TO AFFORDABLE HOUSING COVENANT
INCLUDING DEED AND PRE-COMPLETION TRANSFER RESTRICTIONS
This AMENDMENT NO. 1 TO AFFORDABLE HOUSING COVENANT INCLUDING
DEED AND PRE-COMPLETION TRANSFER RESTRICTIONS (this “Amendment”) is dated
_____________________, 2017 for reference purposes only, and is entered into by and between
the CITY OF ROHNERT PARK, a municipal corporation (“City”) and COLUMBIA REDWOOD
CREEK, LLC, a Delaware limited liability company (“Owner”).
Recitals
A. On or about September 12, 2005, City and THE SPANOS CORPORATION, a
California corporation, entered into that certain Affordable Housing Covenant Including Deed and
Pre-Completion Transfer Restrictions (“Covenant”) concerning the real property located at 600
Rohnert Park Expressway, in the City of Rohnert Park, County of Sonoma, more particularly
described in Exhibit A attached hereto (“Site”).
B. Owner is the current owner of the Site and a successor in interest to Developer
under the Covenant.
C. All capitalized terms used in this Amendment, unless otherwise provided herein,
shall have the same definitions given to such terms in the Covenant.
D. The parties desire to amend the Covenant to change to the maximum size of a
household that may occupy an Affordable Unit.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, for the benefit of and to bind themselves and their
successors and interests in the ownership of the Site, hereby amend the Covenant in the following
respects only:
1. Section 1.2(c) of the Covenant is deleted in its entirety and replaced with the
following new Section 1.2(c):
Exhibit A
OAK #4810-8062-2420 v1 11/22/17 2
(c) The maximum size of a household occupying an Affordable Unit
shall be two (2) persons per bedroom plus one (1) additional person.
2. Except as expressly amended hereinabove, the Covenant, as amended by the
Amendment, shall remain unaltered and in full force and effect.
3. This Amendment may be executed in any number of counterparts with the same
effect as if all parties had signed the same document. All counterparts shall be construed together
and shall constitute one Amendment.
Signatures on Next Page
Signatures to be Notarized
Exhibit A
OAK #4810-8062-2420 v1 11/22/17 3
IN WITNESS WHEREOF, City and Owner have caused this Amendment to be executed
on their behalf by their respective officers thereunto duly authorized.
“City”
CITY OF ROHNERT PARK,
a municipal corporation
By: __________________________
Darrin Jenkins, City Manager
Date: ________________________
Authorized by Resolution 2017-__adopted by the Rohnert Park City Council at its meeting of November
28, 2017
Attest
____________________________________
City Clerk
Approved as to form:
____________________________________
City Attorney
“Owner”
COLUMBIA REDWOOD CREEK, LLC
a Delaware limited liability company
By: Windsor Columbia Realty Fund LLC, a
Delaware limited liability company, its
sole managing member
By: Windsor Advisers VI LLC, a
Delaware limited liability company
its managing member
By: _________________________________
Name: ______________________________
Its: _________________________________
Date: _______________________________
Exhibit A
OAK #4810-8062-2420 v1 11/22/17 4
COMMONWEALTH OF MASSACHUSETTS :
SS
COUNTY OF SUFFOLK :
________ __, 201_
Then personally appeared ____________________ as Vice President of Windsor Advisers
VI LLC, the managing member of Windsor Columbia Realty Fund LLC, the sole managing
member of Columbia Redwood Creek, LLC, and acknowledged the foregoing instrument to be
his/her free act and deed, in his/her said capacity, and the free act and deed of Windsor Advisers
VI LLC, acting in its capacity as the managing member of Windsor Columbia Realty Fund LLC,
acting in its capacity as the sole managing member of Columbia Redwood Creek, LLC.
______________________________
Notary Public
ITEM NO. 6D1
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Agenda Title: Adopt an Ordinance Amending the Title and Section 17.27.050 of the
Municipal Code
RECOMMENDED ACTION: Waive the second reading and adopt an Ordinance amending
the title and certain sections of Chapter 17.27 (Signs) of the Municipal Code.
BACKGROUND and ANALYSIS: Staff has prepared updates to the City’s zoning ordinance
regulations related to temporary signage in order to clarify and update provisions and language
as well as location of exempt sign placement for civic events and special events throughout the
city. These amendment will allow for a more enforceable sign code provision, create additional
flexibility for the more seasonal events and establish alternative key sites for sign placement of
all special event signage.
The City Council introduced an Ordinance making the proposed amendments on November 14,
2017. A summary of the ordinance has been published in the Community Voice. Approval of
this Ordinance would codify the recommended changes to the City’s sign ordinance and will
ensure implementation of the General Plan goals and policies to maintain the character of
existing neighborhoods while undertaking streetscape and signage improvements in selected
areas.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to development a vibrant community by implementing mandated programs.
OPTIONS CONSIDERED: None.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is the staff time
associated with implementing the amendment to the Municipal Code.
Department Head Approval Date: 11/7/17
Finance Director Approval Date: NA
City Attorney Approval Date: 11/7/17
City Manager Approval Date: 11/7/17
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California, Amending Chapter 17.27 (Signs) of
the Municipal Code
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
1
Ord. 912
ORDINANCE NO. 912
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
SECTION 17.27.050 OF CHAPTER 17.27 (SIGNS) OF THE ROHNERT PARK
MUNICIPAL CODE
WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No.
PLMC17-0003 (“Application”) proposing to amend the Rohnert Park Municipal Code (“RPMC”)
by amending Section 17.27.050.J – Temporary Signs of Chapter 17.27 (Signs); and
WHEREAS, the proposed amendments to Chapter 17.27 would update the sign
regulations of the RPMC related to temporary signage to allow for a more enforceable sign code
provision, to create additional flexibility for the more seasonal events and to establish alternative
key sites for temporary sign placement of all special event signage; and
WHEREAS, the purpose of the revisions are to promote the safety, economic, aesthetic
and general welfare of the citizens of the City by allowing for appropriate signage standards that
will further the City’s goal of creating and maintaining a safe and aesthetically pleasing
community; and
WHEREAS, the proposed changes to Section 17.27.050 (Exempt Signs) are attached
hereto as Exhibit A; and
WHEREAS; on October 12, 2017 and November 1, 2017 the Planning Commission held
public hearings at which times interested persons has an opportunity to testify either in support
or opposition to the proposal; and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Application for the proposed amendments to Section 17.27.050 of the Municipal
Code; and
WHEREAS; on November 1, 2017 the Planning Commission recommended that the
proposed changes to the City Council by Resolution No. 2017-26; and
WHEREAS; pursuant to California State Law and the RPMC, public notice was
published in the Press Democrat for a minimum of 10 days prior to the first public hearing; and
WHEREAS, on November 14, 2017, the City Council conducted a public hearing at which
time interested persons has an opportunity to testify either in support or opposition to the proposal;
and
WHEREAS; the City Council has reviewed and considered the information contained in
the Application for the proposed amendments.
2
Ord. 912
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. Recitals and Evidence. The above recitations are true and correct and
material to this Ordinance. In making its findings, the City Council relied upon and hereby
incorporates by reference all staff reports, presentations, and other documentation presented to the
Council in the meeting.
Section 2. Environmental Review. The City Council finds the approval of this
ordinance is not a project subject to the California Environmental Quality Act ("CEQA") pursuant
to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in a physical change to the
environment, directly or indirectly. Alternatively, the City Council also finds the approval of this
ordinance is exempt under CEQA Regulation Section 15061(b)(3) because it can be seen with
certainty to have no potential for causing a significant effect on the environment.
Section 3. Findings for Enactment of Amendment to Zoning Ordinance. The City
Council hereby makes the following findings concerning amendment of Section 17.27.050.J –
Temporary Signs of the Zoning Ordinance:
A. That the proposed amendments to the Zoning Ordinance are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments are consistent with provisions related
to signage contained within General Plan 2020, “to promote designs that enhance the
character of the community and minimize hazards.” This ordinance, as amended,
would appropriate temporary signage in a balanced, fair, and equitable manner and as
such would minimize hazards associated with excessive and illegal signage.
Goal CD-J relating to Neighborhoods and Focus areas, states a goal to, “Maintain the
character of existing neighborhoods while undertaking streetscape and signage
improvements in selected areas” and Goal TR-A relating to the Street System, states a
goal to, “Promote safe and efficient vehicular circulation throughout Rohnert Park.”
The proposed sign provisions help implement the General Plan and specifically
implement the Goals and Policies listed above.
B. That the proposed amendment to the Zoning Ordinance will be beneficial to the public
health, safety or welfare.
3
Ord. 912
Criteria Satisfied. The proposed amendments will benefit the public by creating a
more streamlined temporary sign review process, reducing visual clutter from
unregulated signs and improving the appearance of temporary signs installed within the
community. The proposed amendments will not have any detrimental impacts and will
have some positive impacts to the public health, safety or welfare.
Section 4. Amendment of Section Section 17.27.050.J. The City Council hereby
deletes Subpart 6, Special Event Signs, of Subsection J of Section 17.27.050, Temporary Signs,
and replaces it with the following:
“6. Special Event Signs. Signs or banners that advertise and publicize special events
to be held within Rohnert Park are permitted, including, but not limited to, civic events
and special events, grand openings, religious services and athletic sign-ups are permitted
in accordance with the following standards or guidelines:
a. A maximum of two special event signs not exceeding thirty-two square feet each,
located on the property where the event is taking place;
b. One banner for special events, for a civic or nonprofit organization may stretch
across City Center Drive and/or Lynne Conde Way;
c. Banners for seasonal special events, i.e., holiday lights event, may be displayed
seasonally between the months of November and February only in the lawn area
on the north side of Rohnert Park Expressway between Lynne Conde Way and the
SMART tracks.
d. Banners for civic events that are sponsored by or affiliated with the City, i.e.,
Farmer’s Market and Performing Art Center performances may be displayed at
the northeast corner of Lynne Conde Way and Rohnert Park Expressway.
e. Up to three banners for a civic or nonprofit organization not exceeding thirty-two
square feet each and no more than one at each location for special events may be
placed at the following locations:
i. South side of Rohnert Park Expressway at Hinebaugh Creek;
ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the
landscaped strip adjacent to Highway 101;
iii. Northeast corner of E. Cotati Avenue at Snyder Lane; and
iv. City parcel on Labath Avenue, south of the Westside Public Safety
Facility location.
f. The term the special event sign may be displayed shall not exceed fourteen
consecutive days and more than four times in any calendar year.
g. Two hundred dollars shall be deposited with the development services department
to assure the special event signs are removed at the conclusion of the event and
against which the city may charge the costs of removal if the applicant fails to do
4
Ord. 912
so. If the applicant removes the special event signs, the funds deposited with the
city shall be refunded to the applicant.
h. A list of the location of the special event signs or banners together with the
required deposit shall be submitted to the development services department before
the installation of the proposed signs or banners.
i. The applicant shall submit to the development services department a list of
names, addresses and telephone numbers of three responsible adults in the
organization to whom the sign permit is issued.”
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on November 14, 2017 and adopted by the Council of the City of
Rohnert Park on November 28, 2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________
Jake Mackenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
ITEM NO. 6D2
1
Meeting Date: November 28, 2017
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Adoption of Ordinance – Consideration of Amendments to Rohnert Park
Municipal Code Chapter 9.70, Mobile Home Ordinance, Changing the
Term of Office for Commissioners from Two Years to Four Years and
Extending the Terms of Office of Existing Commissioners
RECOMMENDED ACTION:
Adoption of Ordinance – Consideration of Amendments to Rohnert Park Municipal Code
Chapter 9.70, Mobile Home Ordinance, Changing the Term of Office for Commissioners from
Two Years to Four Years and Extending the Terms of Office of Existing Commissioners
BACKGROUND:
City Council identified potential continuity issues for City Commissions, Committees, and
Boards (CCB) due to the lack of staggered terms and Council’s desire to have appointee terms
synchronized with the appointing councilmember’s term. In December 2016, City Council
established an ad hoc committee to review the current practices; Mayor Mackenzie and Vice
Mayor Stafford were appointed to the ad hoc committee in January 2017. The Committee’s goal
was to provide CCB continuity and preserve Cit y Council’s practice of synchronizing CCB
terms of office with the appointing councilmember’s term.
Staggered terms of office prevents all appointee terms from expiring at the same time thus
reducing the possibility that all appointees on a CCB would be new and without experience.
Four year terms of office that coincide with the appointing councilmember’s term of office keeps
CCB member terms from expiring in the same year. Therefore, in August 2017 the Committee
recommended to the City Council to change all terms of office to four years that coincide with
the appointing councilmember’s term of office. City Council unanimously supported the
Committee’s recommendation and directed staff to move forward with implementation.
Implementation includes communicating with the CCB members, amending various resolutions
and ordinances, and updating procedures.
ANALYSIS:
City Council Protocols Section XI.A.2. state, “For City commissions, committees, and boards
with five (5) members, each Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards in excess of five (5) members shall be selected by the
Council as a whole on an “at-large” basis.”
Currently the five member Mobile Home Rent Appeals Board (RAB) has two year terms that do
not coincide with the appointing councilmember’s term of office. Rohnert Park Municipal Code
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. 6D2
2
section 9.70.030(E) – Term of office - needs to be amended in order to implement a four year
term. Rohnert Park Municipal Code section 9.70.132 states “The provisions of this measure may
be amended by the city council after a public hearing before the rent appeals board and by four-
fifths vote of the city council.”
The chart below demonstrates what the proposed change looks like in relation to the current
terms.
The proposed ordinance will change the term of office for commission members from two years
to four years. The proposed ordinance will also change the terms of office for existing
commission members so that they coincide with the appointment councilmember’s term of office
as follows:
- Sarah Finnigan: Ms. Finnigan’s term of office will remain unchanged because it already
coincides with Vice Mayor Stafford’s term of office. In December of 2018, Ms.
Finnigan’s term will expire and Vice Mayor Stafford, if reelected, or Vice Mayor
Stafford’s successor will appoint a commissioner to a four year term of office.
- Janeen Kirby: Ms. Kirby’s term, which is set to expire in December of this year, will be
extended by one year to December of 2018 to coincide with Councilmember Ahanotu’s
term of office. In December of 2018, Ms. Kirby’s term will expire and Councilmember
Ahanotu, if reelected, or Councilmember Ahanotu’s successor will appoint a
commissioner to a four year term of office.
- L. Kurt Engelhart: Mr. Engelhart’s term of office is set to expire in December of 2018.
Mr. Engelhart’s term of office will be extended by an additional two years to December
2020 to coincide with Mayor Mackenzie’s term of office.
- Patrick Reymond: Mr. Reymond’s term of office is set to expire in December of 2017.
Mr. Reymond’s term of office will be extended by an additional three years to December
2020 to coincide with Councilmember Belforte’s term of office.
- Sandra Waterman: Ms. Waterman’s term of office is set to expire in December of 2017.
Ms. Waterman’s term of office will be extended by an additional three years to December
2020 to coincide with Councilmember Callinan’s term of office.
October 5, 2017, the RAB scheduled a Public Hearing for November 2, 2017, to consider
amending the Code. The Hearing was held, there was no opposition to the proposed change and
the RAB directed staff to request the City Council consider amending Code Section 9.70.030(E)
changing the term of office for commissioners from two years to four years and changes in the
term of current commissioners.
NAME OF
COMMISSIONER
CURRENT
TERM
EXPIRES
TERM SHOULD
BE EXTENDED
TO
APPOINTED BY /
TERM EXPIRATION
Sarah M. Finnigan 12/2018 N/A Pam Stafford / 12/2018
Janeen Kirby 12/2017 12/2018
(1 yr extension)
Amy O. Ahanotu /
12/2018
L. Kurt Engelhart 12/2018 12/2020
(2 year extension) Jake Mackenzie / 12/2020
Patrick Reymond 12/2017 12/2020
(3 yr extension ) Gina Belforte / 12/2020
Sandra Waterman 12/2017 12/2020
(3 yr extension )
Joseph T. Callinan /
12/2020
ITEM NO. 6D2
3
Currently Section 9.70.030.E. of the Rohnert Park Municipal Code reads as follows:
“Term of office. Commissioners shall be appointed to serve for a two year term. There shall
be no limitation on the number of terms a commissioner may serve.”
The proposed amendment reads as follows:
“Term of office. Commissioners shall be appointed to serve a four (4) year term. There shall
be no limitation on the number of terms a commissioner may serve.”
At the November 14, 2017, City Council Meeting the City Council introduced Ordinance 913
amending Chapter 9.70.3.0.E. to provide for a change to Rent Appeals Board Commissioners’
term of office.
STRATEGIC PLAN ALIGNMENT:
City Committees, Commissions, and Boards support the City’s values of communication and
collaboration and Goal A – Practice participative leadership at all levels.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends adopting Ordinance 913 amending Rohnert
Park Municipal Code Chapter 9.70.030.E. because this meets Council’s goal of providing
CCB continuity and preserves City Council’s practice of synchronizing CCB terms of
office with the appointing Councilmember’s term.
2. Alternative: Do not adopt Ordinance 913 and provide direction to staff.
FISCAL IMPACT/FUNDING SOURCE:
This item has no fiscal impact.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 11/08/2017
City Manager Approval Date: 11/08/2017
Attachments (list in packet assembly order):
1. RPMC Sections 9.70.030 and 9.70.132
2. RPMC Section 9.70.030 with changes tracked
3. City Council Protocol Section XI City Commissions, Committees, and Boards
4. Proposed Ordinance
Page 1
9.70.030 - Rent appeals board.
A. Composition. There shall be in the city a rent appeals board. The board shall consist of five appointed
commissioners. The board shall elect annually as chairperson one of its members to serve in that
capacity.
B. Eligibility. Residents of the city who are duly qualified electors of the city are eligible to serve as
commissioners of the rent appeals board.
C. Full disclosure of holdings. Candidates for the position of commissioner shall submit a verified
statement listing all of their interests and dealings in real property, including but not limited to its
ownership, sale or management, and investment in and association with partnerships, corporations,
joint ventures and syndicates engaged in its ownership, sale or management during the previous three
years.
D. Appointment of commissioners. Commissioners shall be appointed by the city council within thirty days
after the adoption of the ordinance codified in this chapter.
E. Term of office. Commissioners shall be appointed to serve for a two year term. There shall be no
limitation on the number of terms a commissioner may serve.
F. Powers and duties. The board is empowered to set the rent ceiling for all controlled rental spaces. The
board is empowered to require registration of all controlled rental spaces under this section. The board
is empowered to use city staff, issue orders, rules and regulations, conduct hearings, and charge fees
as set forth below. The board may make such studies and investigations, conduc t such hearings, and
obtain such information as necessary to carry out its powers and duties. The board is empowered to
settle civil claims under section 9.70.110, and seek injunctive relief under section 9.70.120.
G. Rules and regulations. The rent appeals board shall issue and follow such rules and regulations,
including those which are contained in this chapter, as will further the purposes of this chapter. The
board shall publish its rules and regulations prior to promulgation in at least one newspaper in general
circulation in the city. The board shall hold at least one public hearing to consider the views of
interested parties prior to adoption of general rent levels or maximum rent ceilings, or any decision
decontrolling or reimposing rent stabilizations on any category or classification of rental spaces. All
rules and regulations, internal staff memoranda, and written correspondence explaining the decisions
and policies of the board shall be kept in the board's office, and shall be available to the p ublic for
inspection and copying. The board shall publicize this chapter through the media of signs,
advertisements, fliers, leaflets, announcements on radio, newspapers, and other appropriate means,
so that all residents of Rohnert Park will have the opportunity to become informed about their legal
rights and duties under rent stabilization in Rohnert Park.
H. Meetings. The board shall hold at least one regularly scheduled meeting per month. Special meetings
may be called at the request of at least two co mmissioners. All meetings shall be open to the public.
Individual maximum rent adjustment hearings shall be conducted in accordance with the provisions of
sections 9.70.060 and 9.70.070.
I. Quorum. Three commissioners shall constitute a quorum for the board.
J. Voting. The affirmative vote of three commissioners of the board is required for a decision, including
all motions, regulations and orders of the board.
K. Dockets. The board shall maintain and keep in its office all hearing dockets.
L. Vacancies. If a vacancy occurs on the board, the city council shall appoint a qualified person to fill
such a vacancy.
M. Staff. The board shall employ the existing staff to perform its functions efficiently, in order to fulfill the
purposes of this chapter.
N. Financing. The board shall finance its reasonable and necessary expenses by charging landlords
annual registration fees, as set by the rent board, to cover administrative costs. Such registration fees
Page 2
shall be passed on to the homeowners/residents in the fo rm of rent increases prorated over the year.
The board is also empowered to request and receive funding, when and if necessary, from the city
and/or any other available source, for its reasonable and necessary expenses.
O. Registration. Within thirty days after the initial board meeting, the board shall require the registration
of all controlled rental spaces, which shall be re-registered annually, at times deemed appropriate by
the board. The initial registration shall include the rent in effect on Decemb er 1, 1985, the date of the
adoption of the ordinance codified in this chapter, the address of the rental space, the name and
address of the landlord, the housing services provided to the space, a statement indicating all
operating-cost increases since the rollback date, and any other information deemed relevant by the
board. If the landlord has willfully and knowingly failed to register a controlled rental space, the board
may authorize the homeowner/ resident of such a nonregistered controlled rental spac e to withhold all
or a portion of the rent for the space until such time as the rental space is properly registered. After a
rental space is properly registered, the board and/or a hearing examiner shall determine what portion
of the withheld rent is owed to the landlord for the period in which the rental space was not properly
registered. Whether or not the board allows such withholding, no landlord who has failed to register
properly shall at any time increase rents for controlled rental spaces until such spaces are properly
registered.
(Ord. 622 § 2, 1996: Ord. 607, 1995: Ord. 599 § 3, 1994: Ord. 494 § 3, 1987)
9.70.132 - Amendment.
The provisions of this measure may be amended by the city council after a public hearing before the
rent appeals board and by four-fifths vote of the city council. (Measure L, passed by voters at election of
November 8, 1994 and Resolution 94-189 adopted December 6, 1994 ratified the citizens' votes)
Page 1
9.70.030 - Rent appeals board.
A. Composition. There shall be in the city a rent appeals board. The board shall consist of five appointed
commissioners. The board shall elect annually as chairperson one of its members to serve in that
capacity.
B. Eligibility. Residents of the city who are duly qualified electors of the city are eligible to serve as
commissioners of the rent appeals board.
C. Full disclosure of holdings. Candidates for the position of commissioner shall submit a verified
statement listing all of their interests and dealings in real property, including but not limited to its
ownership, sale or management, and investment in and association with partnerships, corporations,
joint ventures and syndicates engaged in its ownership, sale or management during the previous three
years.
D. Appointment of commissioners. Commissioners shall be appointed by the city council within thirty days
after the adoption of the ordinance codified in this chapter.
E. Term of office. Commissioners shall be appointed to serve for a two year four (4) year term. There
shall be no limitation on the number of terms a commissioner may serve.
F. Powers and duties. The board is empowered to set the rent ceiling for all controlled rental spaces. The
board is empowered to require registration of all controlled rental spaces under this section. The board
is empowered to use city staff, issue orders, rules and regulations, conduct hearings, and charge fee s
as set forth below. The board may make such studies and investigations, conduct such hearings, and
obtain such information as necessary to carry out its powers and duties. The board is empowered to
settle civil claims under section 9.70.110, and seek injunctive relief under section 9.70.120.
G. Rules and regulations. The rent appeals board shall issue and follow such rules and regulations,
including those which are contained in this chapter, as will further the purposes of this chapter. The
board shall publish its rules and regulations prior to promulgation in at least one newspaper in general
circulation in the city. The board shall hold at least one public hearing to consider the views of
interested parties prior to adoption of general rent levels or maximum rent ceilings, or any decision
decontrolling or reimposing rent stabilizations on any category or classification of rental spaces. All
rules and regulations, internal staff memoranda, and written correspondence explaining the decisions
and policies of the board shall be kept in the board's office, and shall be available to the public for
inspection and copying. The board shall publicize this chapter through the media of signs,
advertisements, fliers, leaflets, announcements on radio, newspapers, and o ther appropriate means,
so that all residents of Rohnert Park will have the opportunity to become informed about their legal
rights and duties under rent stabilization in Rohnert Park.
H. Meetings. The board shall hold at least one regularly scheduled meeting per month. Special meetings
may be called at the request of at least two commissioners. All meetings shall be open to the public.
Individual maximum rent adjustment hearings shall be conducted in accordance with the provisions of
sections 9.70.060 and 9.70.070.
I. Quorum. Three commissioners shall constitute a quorum for the board.
J. Voting. The affirmative vote of three commissioners of the board is required for a decision, including
all motions, regulations and orders of the board.
K. Dockets. The board shall maintain and keep in its office all hearing dockets.
L. Vacancies. If a vacancy occurs on the board, the city council shall appoint a qualified person to fill
such a vacancy.
M. Staff. The board shall employ the existing staff to perform it s functions efficiently, in order to fulfill the
purposes of this chapter.
N. Financing. The board shall finance its reasonable and necessary expenses by charging landlords
annual registration fees, as set by the rent board, to cover administrative costs. Such registration fees
Page 2
shall be passed on to the homeowners/residents in the form of rent increases prorated over the year.
The board is also empowered to request and receive funding, when and if necessary, from the city
and/or any other available source, for its reasonable and necessary expenses.
O. Registration. Within thirty days after the initial board meeting, the board shall require the registration
of all controlled rental spaces, which shall be re-registered annually, at times deemed appropriate b y
the board. The initial registration shall include the rent in effect on December 1, 1985, the date of the
adoption of the ordinance codified in this chapter, the address of the rental space, the name and
address of the landlord, the housing services prov ided to the space, a statement indicating all
operating-cost increases since the rollback date, and any other information deemed relevant by the
board. If the landlord has willfully and knowingly failed to register a controlled rental space, the board
may authorize the homeowner/ resident of such a nonregistered controlled rental space to withhold all
or a portion of the rent for the space until such time as the rental space is properly registered. After a
rental space is properly registered, the board and/or a hearing examiner shall determine what portion
of the withheld rent is owed to the landlord for the period in which the rental space was not properly
registered. Whether or not the board allows such withholding, no landlord who has failed to register
properly shall at any time increase rents for controlled rental spaces until such spaces are properly
registered.
(Ord. 622 § 2, 1996: Ord. 607, 1995: Ord. 599 § 3, 1994: Ord. 494 § 3, 1987)
City Council Protocols Page 23 of 27
Amended 12/13/2016 by Reso. No. 2016-115
F. Committee Materials
Meeting agendas will be compiled by staff with input from each committee
member. Committee materials will be provided to each committee member. These
materials will be distributed to each committee member at the same time. Special
arrangements may be made with committee members who are out of town when
materials are distributed.
G. Committee Recommendations
Generally, committee members should reach agreement on findings and
recommendations to present to the City Council. When the opinions of committee
members are divergent, each member may submit his/her findings and
recommendations separately to the City Council. Although written minutes of
each committee meeting are not required, committee findings and
recommendations should be presented to the City Council in a written document.
H. Staffing
Councilmembers assigned to committees will observe the City Council Protocols
regarding staff assignment of duties. Only the City Manager will assign staff to
committees for the purposes of administrative services, to attend committee
meetings, and to assist with committee presentations to the City Council.
XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS
A. Appointments to City Commissions, Committees, and Boards
The following procedures will be used in considering appointments by the City
Council to the various City commissions, committees, and boards which extend
for a term in excess of six (6) months:
1. All persons interested in being considered for service on a City board,
commission, or committee must have on file with the City an application
(fact-sheet) or request for reappointment indicating an interest in serving.
2. For City commissions, committees, and boards with five (5) members, each
Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards in excess of five (5) members shall be
selected by the Council as a whole on an “at-large” basis.
3. At-large nominees must receive a majority vote of the City Council
membership in order to be appointed.
4. Nominations/appointments are made on a rotation basis. Rotation order is by
seniority, based on 1) the date first elected to City Council to present
continuous period of service and 2) the number of votes received in the event
of a tie in period of service. In circumstances in which two members have the
same tenure on the City Council, the number of votes received in the election
determines the position in the sequence, with the Councilmember receiving
the highest number of votes being first. If a Councilmember is appointed to
City Council Protocols Page 24 of 27
Amended 12/13/2016 by Reso. No. 2016-115
fill a mid-term vacancy, that Councilmember will go to the bottom of the
rotational list. The City Clerk shall keep a record of the appointments and the
Councilmembers’ rotation order. The rotation order shall stay intact for future
appointments unless amended or rescinded.
5. Whenever an appointed member of a commission, committee, or board
vacates a term of office, the Councilmember who nominated/appointed said
person, or the Councilmember’s successor in office, shall be entitled to make
the appointment to complete the term of office.
6. Whenever a vacancy occurs on a City commission, committee, or board, the
City Clerk shall post a notice of the vacancy notifying the public of the
vacancy to be filled and the date that applications will be considered to fill the
vacancy in compliance with the Maddy Act.
7. The City Council may establish committees, commissions, boards, or other
taskforces with a nomination/appointment process as the Council deems
appropriate.
B. Policy for Service on City Commissions, Committees, and Boards
1. Attendance
Members of commissions, committees, and boards are expected to attend
meetings on a regular and consistent basis. An automatic vacancy shall occur on a
commission, committee, or board if a member is absent from three (3)
consecutive regular meetings without cause. Cause means “illness or other
unavoidable circumstance of which the chair of the board, commission or
committee is notified prior to the meeting.” The chair of the commission or
committee shall notify the City Manager promptly of all absences that are excused
for cause.
2. Removal
Each member of a board, commission, or committee created and appointed by the
City Council serves at the pleasure of the City Council. Any Councilmember may
bring forward a proposal to remove a board, commission, or committee member.
Three (3) affirmative votes of the City Council are required to remove a member
of a board, commission, or committee.
3. Role
Most commissions, committees, and boards established by the City Council are
advisory to the City Council. The role of all such commission, committee, or
board is to make recommendations to the City Council on matters affecting the
City of Rohnert Park. Except as otherwise provided in state or local law,
commissions and committees have no independent role separate and apart from
their role as advisory to the City Council. Commissions, committees, and boards
have no authority to appropriate funds or make policy except as otherwise
approved by the City Council.
City Council Protocols Page 25 of 27
Amended 12/13/2016 by Reso. No. 2016-115
4. Conflict of Interest
All members of commissions, committees, and boards shall abide by the
provisions of the Political Reform Act of the State of California and provisions of
the common law relating to conflicts of interest.
XII. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Councilmember, the City Council
will fill the vacancy by appointment or special election in accordance with the
procedures set forth in Government Code section 36512.
XIII. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City
Hall, is for the use of the City Council, Planning Commission, other City Council
advisory bodies, and other groups and committees of the City and such other
intergovernmental or citizens groups as the City may convene.
B. A calendar of use shall be maintained by the City Clerk’s office, and all requests
for use should be regularly calendared or scheduled through that office.
C. The City Council Chamber shall not be used for political or commercial purpose
except as outlined in the following paragraph:
D. The City shall allow the use of the Council Chamber for the conduct of candidate
forums for election, whether for city, county, state, or national office under the
following circumstances:
1. When the candidates’ forum is sponsored by a 501(c)3 non-profit agency, a
legitimate non-partisan group, or a governmental agency.
2. When all candidates for that public office have been invited to participate, and
a majority of the candidates have indicated that they will do so.
3. When the event is chaired and moderated in an impartial and objective way
which is fair to all candidates.
E. Use of City-owned and operated television and broadcasting capability shall be
limited to broadcast of City Council, Planning Commission , and other City
advisory body meetings, for use every two years by the League of Women Voters
for a Council Candidate Forum, and for City-related emergency or informational
purposes as authorized by the City Manager. Use of the video broadcasting
system by an outside agency is not allowed except with the permission of the City
Council at least two weeks prior to the event. If such use is granted it is subject to
appropriate personnel – equipment – overhead charges as established by the City
Manager.
1
Ord. 913
ORDINANCE NO. 913
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER
9.70.030.E. OF THE ROHNERT PARK MUNICIPAL CODE (MOBILE HOME
ORDINANCE) TO PROVIDE FOR A CHANGE TO RENT APPEALS BOARD
COMMISSIONERS’ TERM OF OFFICE
WHEREAS, in December 1987, the electorate of the City of Rohnert Park adopted an ordinance
entitled, “Measure A, Rohnert Park Mobile Home Ordinance,” Ordinance No. 494; and
WHEREAS, in 1994 the voters passed Measure L approving the addition of Rohnert Park
Municipal Code Section 9.70.132, which provides that the Mobile Home Ordinance may be
amended by a 4/5 vote of the City Council after a public hearing before the Rent Appeals Board
(“Board”); and
WHEREAS, City Council Protocols Section XI.A.2. states “For City commissions, committees,
and boards with five (5) members, each Councilmember shall be entitled to appoint one
member;” and
WHEREAS, each of the current commissioners on the Board were appointed by a current
member of the City Council; and
WHEREAS, on August 8, 2017, the City Council of the City of Rohnert Park directed staff to
implement a four year term of office that coincides with the appointing councilmember’s term of
office for all City commissions, committees, and boards; and
WHEREAS, on October 5, 2017, the Board scheduled a Public Hearing for November 2, 2017,
to consider an amendment to the Mobile Home Ordinance changing the term of office for
commissioners from two years to four years; and
WHEREAS, this ordinance is intended to change the terms of office for existing and future
Board commissioners so that they coincide with the appointing councilmember’s term of office
as follows:
- Sarah Finnigan: Ms. Finnigan was appointed to the Board by Vice Mayor Stafford. Ms.
Finnigan’s current term of office will expire in December 2018 and will remain
unchanged because it already coincides with Vice Mayor Stafford’s term of office.
- Janeen Kirby: Ms. Kirby was appointed to the Board by Councilmember Ahanotu. Ms.
Kirby’s current term of office is set to expire in December of 2017. Ms. Kirby’s current
term of office will be extended by one year to December of 2018 to coincide with
Councilmember Ahanotu’s term of office.
- L. Kurt Engelhart: Mr. Engelhart was appointed to the Board by Mayor Mackenzie. Mr.
Engelhart’s current term of office is set to expire in December of 2018. Mr. Engelhart’s
current term of office will be extended by two years to December 2020 to coincide with
Mayor Mackenzie’s term of office.
2
Ord. 913
- Patrick Reymond: Mr. Reymond was appointed to the Board by Councilmember
Belforte. Mr. Reymond’s current term of office is set to expire in December of 2017. Mr.
Reymond’s term of office will be extended three years to December 2020 to coincide
with Councilmember Belforte’s term of office.
- Sandra Waterman: Ms. Waterman was appointed to the Board by Councilmember
Callinan. Ms. Waterman’s current term of office is set to expire in December of 2017.
Ms. Waterman’s term of office will be extended three years to December 2020 to
coincide with Councilmember Callinan’s term of office.
WHEREAS, the Board held a Public Hearing on November 2, 2017. The Board received
testimony and deliberated the proposed amendment. The Board supports amending Section
9.70.030.E changing Board commissioners’ term of office from two years to four years and
changing the existing terms of select Board commissioners so that current and future terms of
office for all Board commissioners coincide with the appointing councilmember’s term of office.
NOW, THEREFORE, the City Council of the City of Rohnert Park Does Ordain as Follows:
SECTION 1. Section 9.70.030.E. of the Rohnert Park Municipal Code is amended in its entirety
to read as follows:
“Term of office. Commissioners shall be appointed to serve a four (4) year term. There shall
be no limitation on the number of terms a commissioner may serve.”
SECTION 2. The terms of office of the current Board commissioners shall be extended as
follows:
A. Sarah Finnigan: Ms. Finnigan’s current term of office will expire in December 2018 and
will remain unchanged.
B. Janeen Kirby: Ms. Kirby’s current term of office, which is set to expire in December of
2017, will be extended by one (1) year to December of 2018.
C. L. Kurt Engelhart: Mr. Engelhart’s current term of office, which is set to expire in
December of 2018, will be extended by two (2) years to December 2020.
D. Patrick Reymond: Mr. Reymond’s current term of office, which is set to expire in
December of 2017, will be extended by three (3) years to December 2020.
E. Sandra Waterman: Ms. Waterman’s current term of office, which is set to expire in
December of 2017, will be extended by three (3) years to December 2020.
SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its adoption
and shall be published and posted as required by law.
3
Ord. 913
This ordinance was introduced on November 14, 2017, and adopted by the Council of the City of
Rohnert Park on November 28, 2017 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
________ _____________
Jake Mackenzie, Mayor
ATTEST:
__________________________________
Caitlin Saldanha, Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Michelle Marchetta Kenyon, City Attorney
I ITEM NO. 6E
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Art da Rosa, Deputy City Engineer
Agenda Title: Authorize the City Manager to Execute Task Order 2017-03 with MOE
Engineering for Engineering Design Services for the State Farm Drive
Rehabilitation Project Phase 1 (Project No. 2016-08) for an amount not to
exceed $241,250
RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute Task
Order 2017-03 with MOE Engineering for Engineering Design Services for the State Farm Drive
Rehabilitation Project Phase 1 (Project No. 2016-08) for an amount not to exceed $241,250.
BACKGROUND: The City applied for and received federal funding through the One Bay Grant
Program Phase 2 (OBAG2) for the State Farm Drive Rehabilitation Project Phase 1, which
proposes to rehabilitate State Farm Drive from Rohnert Park Expressway through Professional
Center Drive. The OBAG 2 program gives priority to roadway work within defined Priority
Development Areas. State Farm Drive is located within in the City’s Central Rohnert Park
Priority Development Area. Staff anticipates accomplishing this project in the summer of 2019,
which is early in the OBAG2 grant cycle. The total budget for the project is $1,825,924.
City staff issued a Request for Qualifications and received one Statement of Qualification from
MOE Engineering for $241,250.
ANALYSIS: The State Farm Drive Rehabilitation Project Phase 1 proposes to use the full
depth-reclamation process to reconstruct the badly deteriorated pavement within the project area.
This process, which the City has used for the Snyder Lane Project, from Keiser to Moura and
portions of the Enterprise/Seed Farm project provides high quality resurfacing in a rapid and
relatively undisruptive manner.
In accordance with City’s purchasing policy, staff solicited statements of qualification for
engineering consultants for this work. The City’s qualifications-based selection process sought
an engineering consultant with experience in full-depth reclamation design and federally funded
work. The City received one proposal from MOE engineering, a qualified firm with the
necessary experience. MOE Engineering has prepared engineering plans on the rehabilitation of
Martin Avenue with full-depth-reclamation. They have demonstrated excellent engineering
skills.
The proposal is for $241,250 or 13.2% of the project budget. This cost proposal falls within the
reasonable range of 10% to 15% and reflects the additional complexity of working on federally
funded projects. In order to be able to stay on schedule for project delivery, staff is
recommending award of the contract to MOE engineering.
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. 6E
2
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None at this time. The City received only one proposal but it is
from a qualified and experienced firm and the proposed cost is within the reasonably anticipated
range of costs for this work, considering the complications of federal funding.
FISCAL IMPACT/FUNDING SOURCE: This Task Order has a fiscal impact of $241,250. As
noted above, this project has a total budget of over $1.8 million and the remaining Fiscal Year
2017-18 budget is $607,648.50. The proposed Task Order can be accommodated within the
available budget. The funding source for the Fiscal Year 2017-18 budget is Gas Tax (Fund 130).
The OBAG2 grant does not cover design costs, but will cover construction costs for the project.
Department Head Approval Date: 11/13/17
Finance Director Approval Date: 11/15/17
City Attorney Approval Date: 11/13/17
City Manager Approval Date: 11/15/17
Attachments (list in packet assembly order):
1. MOE Engineering Task Order 2017-03
Attachment 1
MOE ENGINEERING
TASK ORDER NO. 2017-03
CITY OF ROHNERT PARK
AND
MOE ENGINEERING
AUTHORIZATION TO PROVIDE CONSTRUCTABILITY REVIEW OF THE
FIRE STATION #1 EXPANSION, PROJECT NO. 2006-15
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct MOE Engineering to proceed with the work
specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between
the City of Rohnert Park ("City") and MOE Engineering ("Consultant") hereto dated April 1, 2016.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time
and materials) based on Consultants' standard labor charges in accordance with the provisions of the
MASTER AGREEMENT and as shown in Exhibit “B” for an amount not-to-exceed $241,250.00
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by January 1, 2019, or as extended by the City
Manager.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for professional services between
City and Consultant are incorporated by reference.
Approved this 28th, day of November, 2017
CITY OF ROHNERT PARK MOE Engineering
____________________________
Darrin Jenkins, City Manager (Date) John Moe, President (Date)
per Minute Order approved by the
Rohnert Park City Council at its meeting
of November 28, 2017.
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
Exhibit A
MOE ENGINEERING
TASK ORDER NO. 2017-03
CITY OF ROHNERT PARK
AND
MOE ENGINEERING
AUTHORIZATION TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE STATE
FARM DRIVE REHABILITATION PROJECT PHASE 1 (PROJECT NO. 2016-08)
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct MOE Engineering to proceed with the work
specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between
the City of Rohnert Park ("City") and MOE Engineering ("Consultant") hereto dated April 1, 2016.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time
and materials) based on Consultants' standard labor charges in accordance with the provisions of the
MASTER AGREEMENT and as shown in Exhibit “B” for an amount not-to-exceed $241,250.00
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by January 1, 2019, or as extended by the City
Manager.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for professional services between
City and Consultant are incorporated by reference.
Approved this 28th, day of November, 2017
CITY OF ROHNERT PARK MOE Engineering
____________________________
Darrin Jenkins, City Manager (Date) John Moe, President (Date)
per Minute Order approved by the
Rohnert Park City Council at its meeting
of November 28, 2017.
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
City Clerk City Attorney
Supplemental Item No. 1
Agenda Item 6.E
City Council Meeting
November 28, 2017
Item No. 6F
Meeting Date: November 28, 2017
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Cindy Bagley, Community Services Manager
Agenda Title: Authorize the Purchase of three play structures; two for Golis Park
and one for Rainbow Park; not to exceed $240,000; Authorize the City
Manager to Execute Purchase Documents
RECOMMENDED ACTION:
Authorize the Purchase of three play structures; two for Golis Park and one for Rainbow Park
from Game Time; not to exceed $240,000; Authorize the City Manager to Execute Purchase
Documents.
BACKGROUND:
The approved budget for fiscal year 2017/18 includes $240,000 for the replacement of three play
structures; two for Golis Park and one for Rainbow Park (Project Number 2017-27).
Golis Park currently has two playgrounds, one of which is designed for 2 to 5 year-olds and one
designed for 5 to 12 year-olds. Rainbow Park currently has one playground for 5 to 12 year-
olds. All three playgrounds in these parks are original structures and are over 20 years old and
are in need of replacement.
ANALYSIS:
Game Time is company of Playcore and is nationally recognized as a play innovator. As part of
an annual discount program, Game Time offers cities an opportunity for a discount on play
structures purchased prior to December 31 of each calendar year. The City has met with the
Northern California General Manager from Game Time to vet equipment quality standards,
maintenance, and legal compliance and staff is confident that the products available through this
company offer the best value to the City.
Staff requested several rendering options for each playground area and brought them forth to the
Parks and Recreation Commission (Commission). At its special meeting on October 5, 2017, the
staff presented the Commission with options for all three playgrounds. The Commission
requested additional options from Game Time which were drafted and presented to the
Commission at its special meeting on October 24, 2017. With the recommended designs from
that meeting, staff held a public outreach meeting at each park on Saturday, November 4, 2017.
The meeting also included an option to participate online for residents unable to attend in person.
A total of 28 residents attended the meeting at Golis Park and 98 completed the online survey. A
total of 17 residents attended the meeting a Rainbow Park and a 94 completed the online survey.
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
Staff returned to the Parks and Recreation Commission on November 7, 2017 with the results
from the public outreach meeting. After discussion and reviewing several design options, the
Commission ultimately selected the designs voted for most by the public that participated in
person.
Per City Ordinance 843, Resolution 2016-51, the playground equipment is available for purchase
through a Cooperative Purchase Agreement with the U.S. Communities as per Contract
#2017001134 from Game Time.
STRATEGIC PLAN ALIGNMENT:
Authorizing this purchase is in alignment with the following Strategic Plan Goals: GOAL C:
Ensure the effective delivery of public services, and GOAL D: Continue to develop a vibrant
community
OPTIONS CONSIDERED:
Option 1: Purchase and install three new Game Time playgrounds; two at Golis Park and one at
Rainbow Park. This option would provide the highest quality equipment which is supported by
maintenance staff, the public, and the Parks and Recreation Commission. This option would also
allow for the most amenities for the appropriated funds based on the discount program through
Game Time. Staff recommends this option.
Option 2: Leave the current outdated and worn playground equipment at both Golis and
Rainbow Parks. This option would eventually lead to costly repairs, equipment failure and the
risk of injury from worn equipment. Staff does not recommend this option.
Option 3: Remove the existing playground equipment and not replace it. This option would not
serve the needs of its resident as the playgrounds are a popular feature in a family-oriented
neighborhood park. Staff does not recommend this option.
Option 4: Start the process over and solicit design options from different manufacturers.
Through research and evaluation of Game Time equipment, staff has determined that Game
Time playground equipment is of high quality. In addition, the unique discount program
available provides the opportunity to purchase more amenities for each playground site as
opposed to purchasing without the discount program. Changing manufactures could compromise
the ability to implement as many amenities with the same quality of play structures being offered
through Game Time. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE:
This project is funded from FY 2017-18 Infrastructure Reserve, Capital Improvement Project
No. 2017-27 for the not to exceed amount of $240,000. The combined cost including installation
for the three play structures is $236,758.54.
Department Head Approval Date: 11/12/2017
Finance Director Approval Date: 11/14/2017
City Manager Approval Date: 11/20/2017
City Attorney Approval Date: N/A
Attachments: Graphic Design of three playground options
Rohnert Park
Golis, Rainbow Park Price Summary.USC
Park Age Option List Price DISCOUNT Installation Total
Area Equipment AMOUNT
DISCOUNTED PRICE
Equip.Tax, Frt. Installed
Golis 2 to 5 1 41,498.00$ 20,749.00$ 25,542.59$ 13,300.00$ 38,842.59$
Golis 5 to 12 5 108,567.00$ 54,283.50$ 64,565.45$ 32,500.00$ 97,065.45$
Rainbow 5 to 12 1 108,902.00$ 51,134.00$ 68,350.49$ 32,500.00$ 100,850.49$
Total 258,967.00$ 126,166.50$ 158,458.53$ 78,300.00$ 236,758.53$
`
ITEM NO. 6G
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Authorizing the City Manager to Execute Letters of Support for
Grant Applications Filed by the Santa Rosa Plain Groundwater
Sustainability Agency
RECOMMENDED ACTION: By Minute Order, authorize the City Manager to execute letters
of support for grant applications filed by the Santa Rosa Plain Groundwater Sustainability
Agency.
BACKGROUND AND ANALYSIS: On April 25, 2017, the City Council authorized entering
into a Joint Powers Agreement that formed the Santa Rosa Plain Groundwater Sustainability
Agency (GSA). The GSA is the governance body tasked with ensuring that users of the Santa
Rosa Plain Groundwater Basin develop and implement a Groundwater Sustainability Plan in
accordance with state law. Under the Joint Powers Agreement, the City is currently contributing
$55,000 per year toward the costs of this new agency. The long-term goal is to develop a broader
rate base and seek grant funding to support the GSA, which reduces the City’s costs.
Both City and GSA staff anticipate that a number of grant opportunities will become available in
the next several years. One grant program, which could provide up to $1,000,000 for the
preparation of the Groundwater Sustainability Plan has applications due on December 1, 2017.
GSA staff have indicated that letters of support from member agencies would be a helpful
contribution to a competitive grant package. Because letters of support are helpful, and because
grant deadlines can by very short, staff is requesting that the City Council authorize the City
Manager to execute letters of support, as necessary, for grant applications filed by the GSA. A
model letter of support, which is tailored for the current grant opportunity, is included for
Council’s information. Subsequent letters should be of similar form, though program details may
vary.
STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan
Goal A – Practice Participative Leadership at All Levels.
OPTIONS CONSIDERED: None. Authorizing the City Manager to execute letters of support
will make the GSA’s grant applications more competitive. Successful grant applications will
reduce the City’s costs associated with complying with state law.
FISCAL IMPACT/FUNDING SOURCE: There is not direct fiscal impact associated with this
action. As noted earlier, successful grant applications would reduce the City’s costs associated
with complying with state law.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6G
2
Department Head Approval Date: 11/21/2017
Finance Director Approval Date: NA
City Attorney Approval Date: NA
City Manager Approval Date: 11/21/2017
Attachments (list in packet assembly order):
1. Sample Letter of Support
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org
City Council
Jake Mackenzie
Mayor
Pam Stafford
Vice Mayor
Amy O. Ahanotu
Gina Belforte
Joseph Callinan
Councilmembers
________________
Darrin Jenkins
City Manager
Don Schwartz
Assistant City Manager
Michelle Marchetta Kenyon
City Attorney
Karen Murphy
Assistant City Attorney
JoAnne Buergler
City Clerk
Betsy Howze
Finance Director
Brian Masterson
Director of Public Safety
John McArthur
Director of Public Works and
Community Services
Mary Grace Pawson
Director of
Development Services
Victoria Perrault
Human Resources Director
November 28, 2017
Zaffar Eusuff, Program Manager
California Department of Water Resources
Division of Integrated Regional Water Management
P.O. Box 942836
Sacramento, CA 94236-0001
Mr. Eusuff,
The City of Rohnert Park enthusiastically supports Santa Rosa Plain
Groundwater Sustainability Agency’s grant application for The Santa Rosa
Plain Groundwater Sustainability Planning Grant submitted to the Department
of Water Resources Sustainable Groundwater Planning Grant.
The Santa Rosa Plain Groundwater Subbasin (Basin) is designated as
medium priority basin number 1-55.01 in California Department of Water
Resources Bulletin No. 118. In addition, 36% of the area in the Basin is
designated an Economically Distressed Area, and 24% of the area in the
Basin is categorized as a Disadvantaged Community. The development of the
Groundwater Sustainability Plan for the Basin takes important steps toward
the implementation of the Sustainable Groundwater Act (SGMA), and will
effectively manage, protect, and enhance groundwater resources for all
beneficial uses, in a sustainable, environmentally sound, economical, and
equitable manner for generations to come.
We recognize and are committed to the importance of sustainably managing
our groundwater resources at the local level, and believe this proposal is a
necessary step in order to successfully implement SGMA and effectively
manage groundwater across the Sonoma County basins.
We give this proposal our fullest support, and highly recommend its
sponsorship by the Department of Water Resources. We look forward to
hearing of its success.
Sincerely,
Darrin Jenkins, City Manager
Authorized by City Council Minute Order adopted November 28, 2017
c: Ann Dubay, Sonoma County Water Agency
ITEM NO. 7
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Zach Tusinger, Planner II
Agenda Title: Discussion and Direction on Single Family Rental Housing Issues
RECOMMENDED ACTION: Provide direction on proposed modifications to the City’s
Zoning Ordinance regarding single-family rentals, garage conversions, and parking standards:
Revise the standards for garage conversions to maintain neighborhood appearance and
character and to preserve off-street parking.
Develop a program to require a Use Permit to add a fifth (or higher) bedroom to a
residence. Require an additional off-street parking space as part of this approval.
Encourage residents to participate in the Residential Parking Permit Program
Continue to implement and monitor new ordinances and policies concerning Accessory
Dwelling Units and Short Term Rentals.
GENERAL BACKGROUND: Rohnert Park’s single-family neighborhoods feature increasing
numbers of houses being turned into rental housing. As of 2017 owner-occupied housing made
up 50% of the city’s housing units. The remainder was rental housing. One of the primary drivers
of the city’s high number of renters is Sonoma State University. As Table 1 below shows, only a
third of the students at Sonoma State actually live on campus. This means roughly 6,000 students
are housed off campus in Rohnert Park, Cotati, and the surrounding communities.
Table 1 – General Population Characteristics (2017)
City Population 43,435
Owner Occupied Units 49.8%
Sonoma State University Enrollment 9,500
Sonoma State On-Campus Housing 3,100
Issues: A number of issues and concerns have been expressed or associated with the high
numbers of rentals in single-family neighborhoods. Those issues include:
Overcrowding in rental homes
Parking issues associated with garage conversions and overcrowding
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7
2
These concerns are not unique to Rohnert Park, nor the Bay Area. College towns often feel the
effects more acutely. In many college towns, students and the rentals they typically live in tend
to congregate in older, walkable neighborhoods close to the campus and the traditional
downtown core. Rohnert Park is unique in that it is a relatively young city in terms of
development and the built environment, and has no single area where college students tend to
live. Due to heightened housing costs, and the shortage of on campus housing, rentals associated
with college students have proliferated through Rohnert Park. The M and C Sections are most
directly impacted by college student rentals, likely due to their proximity to the the university,
but they increasingly exist across over the City’s single-family neighborhoods
Actions taken to date: Over the last year, the City has taken several steps to address housing
issues in single-family neighborhoods. These include:
Accessory Dwelling Unit (ADU) Ordinance – As a result of recent changes to state law
that streamlined the approval process and reduced fees for new ADUs (formerly called
granny units or second units), the City adopted an ordinance that codified the new
changes to state law while still maintaining strict standards. It is important to note that in
most circumstances state law exempts the creation of an ADU from triggering any
additional off-street parking.
Short Term Rental (STR) Ordinance – Due to the growth of services like AirBnB and
similar platforms the City adopted an ordinance to restrict and regulate the permitting of
STRs. The Ordinance was designed to preserve neighborhood character and housing.
STRs are not allowed in ADUs, nor are ‘whole house’ rentals allowed. Only single
bedrooms are allowed to be rented out as STRs.
Enforcement – The City has had fifteen code enforcement cases so far in 2017 pertaining
to unpermitted garage conversions and interior residential alterations. While some of
these cases are still open, typical outcomes include the owners having to get planning
approvals and building permits, or in some cases having to undo or make corrections to
the work already performed. In addition, public safety actively enforces the 72-hour on-
street parking ordinance.
Existing garage conversion ordinance: The municipal code requires that single family homes
have two off-street covered parking spaces in a garage. Currently, an exemption to the off-street
parking requirement may be granted through an administrative use permit if certain findings can
be made. Those findings are:
The principal use of the lot is an existing single -family residence without an accessory
dwelling unit;
The space shall be replaced with one non-tandem parking space per lot, other than those
existing in the driveway;
The replacement space may be located in the required front yard or street side yard if the
planning and community development director finds that in so doing there is neither an
appreciable impairment of pedestrian safety nor any reduction in the attractiveness of the
neighborhood. In no case shall the replacement space cause more than fifty percent of the
lot's front yard to be devoted to parking;
The replacement space shall not be rented;
The replacement space shall be paved with an approved, all-weather surface;
ITEM NO. 7
3
The provision and maintenance of such replacement space shall be the continuing
obligation of the property owner;
No more than one additional bedroom shall be created by a garage conversion and a
garage shall not be converted into an accessory dwelling unit;
The garage door shall remain in place and look functional; and
The lot must be a minimum width of fifty feet and there must be room for at least one on-
street parking space on the curb in front of the lot.
Practically, this ordinance prevents garage conversions in many cases. Often there is not enough
room in the front yard to add the replacement off-street parking spaces while staying under the
50% font yard parking limitation. Additionally, garage conversions cannot be used to create an
ADU, nor are they permitted on lots where ADUs are already in existence.
Occupancy Standards: High housing costs in California and particularly the Bay Area have led
to increasing numbers of people living in a single-housing unit. In Rohnert Park, these are
typically Sonoma State students. Federal and state law are relevant for determining residential
occupancy limits in California. The primary purpose of these laws is to prevent housing
discrimination. These standards are similarly designed to avoid overcrowding in residences.
California’s Department of Housing and Community Development (HCD) has adopted uniform
or model codes to help enforce these standards. Under the Uniform Housing Code, the maximum
occupancy standard used to determine overcrowding states that every dwelling unit must have at
least one room which must have at least 120 feet of floor area. Other habitable rooms must have
an area of not less than 70 square feet. When more than two persons occupy a room used for
sleeping purposes, the area must be increased by 50 square feet for each additional occupant.
Additionally, the California Department of Fair Employment and Housing has an internal
occupancy guideline to assist rental housing providers regarding occupancy. Under the
guidelines, an occupancy standard is deemed reasonable if the owner of the property limits the
occupancy of each unit to two individuals per bedroom plus one additional person for the entire
unit. For example, under these guidelines a two bedroom rental could be limited to five
individuals. These guidelines are typically used by landlords to limit the number of individuals
living within the homes they rent out.
ANALYSIS: Rohnert Park has a growing number of housing units, almost evenly split between
traditional single family homes, and variety of other types of housing including duplexes,
apartments, and mobile homes. Figure 1 below, shows this mix.
ITEM NO. 7
4
Housing in Rohnert Park is also almost evenly split between rental and owner-occupied housing.
Compared to other cities in Sonoma County Rohnert Park has the lowest overall percentage of
owner-occupied housing, at around 50%. Windsor is 75% owner occupied. Petaluma’s housing
is 65% owner occupied. Santa Rosa is the most comparable to Rohnert Park, with owner
occupied housing at 53%. See Figure 2 below.
Within individual housing units there is significant variation in terms of square footage and the
number of bedrooms. The number of bedrooms is likely the single biggest indicator of potential
issues like overcrowding and parking. The majority of housing units in Rohnert Park have two or
three bedrooms. A significant minority have four or more bedrooms. See Figure 3 below.
ITEM NO. 7
5
Occupancy Standards: Tightening or actively policing occupancy standards for existing
residential units would be impractical and difficult to enforce. However, plans for new structures
and for alterations of existing structures are reviewed to insure that rooms identified as bedrooms
meet the minimum HCD standards. Staff is not recommending any changes to this approach at
this time, nor any additional enforcement pertaining to residential occupancy due to privacy and
fair housing concerns.
Number of Bedrooms and Parking Concerns: The City receives numerous complaints about
on-street parking. As new developments in existing neighborhoods, proposed parking has come
up as a significant concern of residents. These concerns pertain to both rental and owner-
occupied homes, but more typically rentals. Many of the rentals in single-family homes in
Rohnert Park are rented out to college students with multiple people living in the home. The off-
street parking standard for single-family residential is two covered (garage) spaces per unit. This
standard does not rise as the number of bedrooms increases. In many cases then, as the number
of bedrooms increases, the number of cars forced to park on the street also increases. Some
California college towns such as Chico and San Luis Obispo have heightened parking standards
for single-family homes used as dorms, fraternity/sorority houses, or boarding houses. The
difficulty that arises in these cases is determining when these uses are actually occurring.
Heightened Review for Additional Bedrooms. Other college towns have dealt with similar
issues in terms of parking and the increasing number of bedrooms in homes. Berkeley,
which has experienced a large number of its homes subdivided into more and more
bedrooms (de facto dorms), now requires an Administrative Use Permit to add a fifth
bedroom to a single-family home (whether through an addition or subdividing the
existing space). In Berkeley’s ordinance, any bedroom beyond the fifth then requires a
similar use permit, but also a public hearing. Such a process, if implemented in Rohnert
Park, could also require the addition of an extra off-street parking space or other
reasonable requirements for the additional bedroom. This would limit the extent to which
additional bedrooms are added to existing homes, and mitigate some of the potential
impact to on-street parking in these circumstances. Due to the City’s Development
Standards, which among other things, limits front yard parking coverage to no more than
50% of the front yard, some additional bedrooms (if the approval is tied to the addition of
ITEM NO. 7
6
off-street parking) would not be allowed. The City of Davis has a similar requirement
where for every bedroom beyond four an additional off-street parking space is required.
Staff is recommending further researching and developing a process where property
owners would be required to get a use permit for any additional bedroom beyond the
fourth and add an additional off-street parking space for that bedroom. A process like this
would provide meaningful oversight to properties that continue to add bedrooms, limit
the availability of that option in some cases, and reduce some of the negative parking
congestion impacts associated with homes that have a high number of bedrooms.
Garage Conversions. Increasingly, garage conversions are used to create additional living
space, such as an additional bedroom (or bedrooms). While the standards for allowing a
garage conversion in Rohnert Park are already rigorous, options to change the
requirements do exist. All of the cities in Sonoma County currently allow garage
conversions to some extent. Some, such as Windsor, limit the conversion to one space,
while others like Sebastopol have more flexible standards and look at a variety of factors
before approving the garage conversion.
On the extreme end, garage conversions could be disallowed completely. A more tailored
approach would be to still allow garage conversions, but require heightened restrictions
including: limiting the conversion or replacement to only one space, not allowing garage
conversion on a property where there are already four of more bedrooms, limiting the use
of the garage conversion to no more than one new room, or disallowing Short Term
Rentals in a home where a garage conversion has been permitted.
Staff is recommending limiting garage conversions to homes with less than five
bedrooms, and to require an additional off-street parking space for each parking space
lost as part of the garage conversion. Additionally, staff recommends limiting the garage
conversion to creating no more than one additional room.
Residential On-Street Parking Permits. An additional tool residents have for reducing the
adverse impacts of parking congestion in their neighborhood is for residents to come
together to enact a residential parking permit program as allowed by the Municipal Code.
Residents in neighborhoods (a minimum of ten residences) may group together to
designate a residential on-street parking permit area. If the program for a neighborhood is
approved and implemented by the City Council, no more than three parking permits may
be issued per residence. And only vehicles with those permits may be allowed to park on
the street for extended periods of time during certain hours of the day. Currently M
Section is the only neighborhood of Rohnert Park participating in the program.
Staff recommends increased outreach and education about this program in an attempt to
get more neighborhoods participating, where appropriate.
OPTIONS CONSIDERED:
Recommended Option: Direct staff to pursue the following actions to better support the
preservation of neighborhood character and alleviate parking concerns associated with rentals in
single-family dwelling areas:
Revise and heighten the standards for garage conversions, including restricting garage
conversions to situations where there are currently no more than four existing bedrooms
in the housing unit, limiting the resulting living space to no more than one additional
ITEM NO. 7
7
room in the home, and requiring that all parking spaces eliminated by the conversion be
replaced with additional off-street parking.
Develop a program to require a use permit to add a fifth (or higher) bedroom to a
residence. Require an additional parking space per added bedroom and other oversight as
part of this approval.
Encourage residents in neighborhoods experiencing parking problems to participate in the
Residential Parking Permit Program.
Continue to implement and monitor the new ordinances and policies concerning
Accessory Dwelling Units and Short Term Rentals.
Staff recommends this option because it is a tailored approach and feasible to implement.
Alternative: Direct staff to pursue all the actions listed above, but to pursue the elimination of
garage conversions entirely. This option is not recommended as it would be difficult to enforce,
and create a large number of legal, non-conforming structures throughout the city.
Alternative: Direct staff to continue studying the issue, but take no other action at this time. This
option is not recommended as it does not address the existing problem in any meaningful or
timely way.
STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic
Plan Goal D – Continue to Develop a Vibrant Community.
FISCAL IMPACT/FUNDING SOURCE: This item has no immediate fiscal impact.
Department Head Approval Date: 10/31/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 11/2/2017
City Manager Approval Date: 11/2/2017
Discussion and Direction:
Single-Family Rental Housing and
Parking Issues
City of Rohnert Park
City Council
November 28, 2017
1
Issues
Increasing densities within single -family
neighborhoods
Large numbers of single-family rentals
Pressure from the shortage of on campus
housing for SSU students
Garage conversions, bedroom additions
On-street parking impacts
2
Actions to date
New:
◦Accessory Dwelling Units ordinance
◦Short Term Rentals ordinance
Ongoing:
◦Existing garage conversion ordinance
◦Existing on-street parking program
◦Proactive code enforcement
3
Housing-type mix
4
Bedrooms per housing unit
5
Owner v. renter-occupied
6
Owner-occupied comparison
7
Number of Bedrooms
No practical limit on number of bedrooms
The amount of required parking does not
increase as bedrooms increase
Single-family residences require two
covered off-street parking spaces
Other cities require a use permit and
additional parking if adding additional
bedrooms beyond four (Berkeley, Davis)
8
Number of Bedrooms
Possible changes for Rohnert Park:
◦Increase the number of required parking spaces
for single-family homes with more than four
bedrooms
◦Require a use permit to increase the number of
bedrooms beyond four
9
Garage Conversions
Administrative Permit (17.16.040)
◦Single-family home without an Accessory
Dwelling Unit
◦No more than one additional bedroom
◦Garage door must remain and look functional
◦Must provide an off-street replacement space
◦Lot must have at least one on-street space
◦No more than 50% of front yard can be used
for parking
10
Garage Conversions
Garage conversions often are used to
create an additional bedroom
Possible enhanced restrictions:
◦Disallow where there are already four or
more bedrooms
◦Limit to only one total additional room
11
Other Tools
Continue implementing and enforcing the
new Accessory Dwelling Unit and Short Term
Rental ordinances
Encourage residents to participate in the
Residential Parking Permit Program
12
Recommendation
Direct staff to develop a proposal to
regulate additional bedrooms beyond a
certain number and to require additional
off-street parking as a component
Direct staff to develop additional
restrictions on garage conversions
including limiting to only one additional
room, and prohibiting where a certain
number of bedrooms already exist
13
ITEM NO. 8
1
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
Meeting Date: November 28, 2017
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Agenda Title: Disposition of Former Redevelopment Agency Bonds and Funds
RECOMMENDED ACTIONS:
1. Direct staff to proceed with the refinancing of 2001 and 2007R Tax Allocation Bonds and
2003 Lease Revenue Bonds.
2. Direct staff to pay off the General Fund portion of the 2003 Lease Revenue Bonds during
the refinancing.
3. Direct staff to proceed with the call of 2007H Tax Allocation Bonds using $13.8 million
of bond proceeds held in the Housing Successor Agency of the City of Rohnert Park.
4. Direct staff to expend up to $200,000 per year of Housing Successor Agency restricted
funds on monitoring and preserving the long-term affordability of units subject to
affordability restrictions or covenants entered into by the redevelopment agency per state
law.
5. Direct staff to expend up to $250,000 per year of Housing Successor Agency restricted
funds for homeless prevention and rapid rehousing per state law.
DISCUSSION
Redevelopment Bonds (Recommended Actions 1 & 2)
The City’s former redevelopment agency incurred debt in accordance with redevelopment law.
The debt is in three issues: 2001 Tax Allocation Bonds (TABs), 2003 Lease Revenue Bonds
(LRBs), and 2007R Tax Allocation Bonds. Refunding these bonds yields a net present value
savings of approximately $2.8 million. The annual debt service reduction is estimated at
$200,000. The debt service on redevelopment bonds is paid out of property taxes in proportion
to the tax sharing formula in the former redevelopment area. Rohnert Park property taxes pay
for 19% of the debt service of the redevelopment bonds in Rohnert Park. If the debt service is
reduced, Rohnert Park would receive 19% of the eliminated debt service each year ($38,000).
Other taxing entities such as Sonoma County, Sonoma County Water Agency, Santa Rosa Junior
College, etc. would receive the other 81% of the eliminated debt service ($162,000).
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 8
2
The 2003 LRBs funded redevelopment projects as well as General Fund projects. The debt
service was split according to the use of the funds; 90% redevelopment and 10% General Fund.
The City holds an assignment of the General Fund Balance equivalent to the remaining General
Fund payments of the 2003 LRBs. Staff recommends using this assigned fund balance to pay off
the General Funds portion of the 2003 LRBs, generating an interest rate savings in the General
Fund about $60,000 thousand dollars.
Pay Down Housing Bonds (Recommended Action 3)
The City has $13.8 million in unspent redevelopment housing bonds. The bonds were issued in
2007 as tax exempt bonds. Tax exempt bonds come with a number of restrictions which don’t
apply to taxable bonds. One restriction is that the bonds must be spent within 3 years of
issuance. Under that restriction, these bonds should have been spent by 2010. With the
cancelation of the Avram affordable housing project in 2008, the dissolution of redevelopment,
and the economic downturn, the funds have not been spent. As of August 2017, the bonds are
now callable—in other words they can be paid off.
As of June 30, 2016, $15.1 million remained outstanding on the 2007H Bonds. The annual debt
service is $1,260,482. Prorating the debt service down to the $13.8 million of unspent bond
proceeds, the debt service on the $13.8 million is about $1,152,000 per year.
The debt service on redevelopment bonds is paid out of property taxes in proportion to the tax
sharing formula in the former redevelopment area. Rohnert Park property taxes pay for 19% of
the debt service of the redevelopment bonds in Rohnert Park. If the debt is retired, Rohnert Park
would receive 19% of the eliminated debt service each year ($219,000). Other taxing entities
such as Sonoma County, Sonoma County Water Agency, Santa Rosa Junior College, etc. would
receive the other 81% of the eliminated debt service ($933,000).
Financing and construction of affordable housing is complex and even more so under recent state
law changes. The City does not have staff to shepherd an affordable housing project through the
funding process with an affordable housing developer. That is the primary reason why funds
have sat unused for so long. The state restricts transfers between agencies to only $1 million per
year, so it is not possible to transfer the $13.8 million to another jurisdiction in a reasonable
manner.
Staff recommends calling (paying down) $13.8 million in redevelopment bonds. The debt
service savings will accrue primarily to Sonoma County. Sonoma County has pledged to use the
so called boomerang monies for affordable housing efforts. Calling the bonds will free up more
funds for their ongoing affordable housing and homelessness prevention efforts.
Refinance Housing Bonds (Alternative to Recommended Action 3)
As an alternative to paying off the housing bonds, the City could pursue funding an affordable
housing project or projects. The projects would be subject to state law restrictions which require
creation of units to be occupied by households earning 80 percent or less of the area median
income, with at least 30 percent going toward households earning 30 percent or less of area
median income and no more than 20 percent going toward households between 60 and 80
ITEM NO. 8
3
percent of median incomes. For a variety of reasons pursuing an affordable project would
require the City to refinance the housing bond debt using taxable bonds. Refinancing the debt
could reduce the debt service by about $32,000 per year. Rohnert Park’s share of the savings
would be around $6,000 per year.
As an illustration of a potential project, the City could fund an 80-unit senior housing project on
the existing Rohnert Park Senior Center site including the construction of a new senior center on
the ground floor with apartments above the center. Under this scenario, the City might receive a
lease payment from the affordable housing developer and possibly receive a portion of the future
cash flow from the apartment rents. The magnitude of these payments is unknown at this time,
but likely to be less than $200,000 per year.
Please note that versions of current federal tax reform bills include the elimination of the
affordable housing tax credit program. Affordable housing developers rely heavily on the
federal tax credit program to finance affordable housing projects. If the program is eliminated, it
is unclear if this alternative is viable.
Former Redevelopment Low and Moderate Income Housing Set Aside Funds
(Recommended Actions 4 & 5)
In addition to housing bond proceeds, the City retains $3.4 million in former redevelopment low
and moderate income housing set aside funds (LMIH funds). Under redevelopment law, 20% of
the tax increment in each redevelopment area was dedicated to low and moderate income
housing programs. Since the dissolution of redevelopment the state adopted SB341 and SB346
to restrict the use of LMIH funds. State law now dictates the use of these funds (see Attachment
1 for details). For the purpose of monitoring and preserving the long-term affordability of units
subject to affordability restrictions or covenants entered into by the redevelopment agency the
City may expend $200,000 per year. The City may expend $250,000 per year for homeless
prevention and rapid rehousing services for individuals and families who are homeless or would
be homeless but for the assistance, including the provision of short-term or medium-term rental
assistance, housing relocation and stabilization services.
All remaining funds shall be spent on the development of affordable housing to and occupied by
households earning 80 percent or less of the area median income, with at least 30 percent going
toward households earning 30 percent or less of area median income and no more than 20
percent going toward households between 60 and 80 percent of median. The $3.4 million cannot
be used to retire housing bond debt.
In addition, state law includes provisions whereby “excess surplus” funds must be transferred to
the state after three years if they remain unspent. See Attachment 2 for more details.
Staff recommends spending the $200,000 per year for monitoring and preserving the existing
affordable housing units and spending the $250,000 per year on homeless prevention and rapid
rehousing services in accordance with state law. Staff would return with more details on the
implementation of these recommendations.
ITEM NO. 8
4
FISCAL IMPACT
• Recommended Action 1 would increase General Fund property tax revenues by about
$38,000 per year.
• Recommended Action 2 would generate a total savings of about $60,000 in avoided
interest costs.
• Recommended Action 3 would increase General Fund property tax revenues by
approximately $219,000 per year.
• Recommended Actions 4 & 5 are essentially fiscally neutral. If the funds are not used
locally they will be returned to the state. Better managing the City’s affordable housing
program and working to prevent and address homelessness could yield some savings in
other areas (for example less trash removal from the creeks), but the magnitude of those
positive impacts are difficult to estimate.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 11/20/2017
City Manager Approval Date: 11/21/2017
Attachments (list in packet assembly order):
1. Housing Successor Agency - Use of Funds
2. Housing Successor Agency – Excess Surplus Analysis
Attachment 1
Housing Successor Agency
Use of Funds
1
This summary describes the requirements applicable to expenditure of funds deposited into the
Low and Moderate Income Housing Asset Fund (“LMIHAF”) established pursuant to Health and
Safety Code Section 34176(d) and held by the City in its capacity as the Housing Successor to
the former Redevelopment Agency of the City of Rohnert Park. These funds include: funds
transferred to the Housing Successor, repayment of funds owed to the former Low and
Moderate Income Housing Fund held by the Redevelopment Agency, “program income”
including rents and loan repayments derived from Housing Successor assets, and 20% of any
Successor Agency repayment of City-Redevelopment Agency loans.1
Below are the eligible expenses allowed under Health and Safety Code Section 34176.1,
governing the use of the Low and Moderate Income Housing Asset Fund. LMIHAF funds used
for the purposes described in items #1 and #2 may only be spent in accordance with the limits
set forth in the statute. LMIHAF funds not spent on purposes #1 or #2 may be spent only for
purpose #3. [HSC 34176.1]
1. Monitoring and preserving the long term affordability of units subject to affordability
the purpose of administering the activities described in #2 and #3 restrictions or
covenants entered into by the RDA or the Housing Successor, and for below.
Amount eligible for use each fiscal year: the greater of $200,000 or 5% of the statutory
value of both the real property owned by the Housing Successor and loans and grants
receivable held by the Housing Successor. The $200,000 limit will be annually adjusted
by increases in CPI as published by the Department of Housing and Community
Development. [HSC 34176.1 (a)(1)]
2. Homeless prevention and rapid rehousing services for individuals and families that are
homeless or would be homeless but for this assistance, including the provision of short-
term or medium-term rental assistance, housing relocation and stabilization services
including:
a. Housing search
b. Mediation
c. Outreach to property owners
d. Credit repair
e. Security or utility deposits
f. Utility payments
g. Rental assistance for a final month at a location
h. Moving cost assistance
1 The dissolution statutes contain conflicting provisions regarding expenditure of the proceeds of housing bonds,
and it is therefore not entirely clear whether such proceeds must be spent in accordance with the more stringent
income-targeting requirements that apply to use of LMIHAF funds as described in this summary.
Attachment 1
Housing Successor Agency
Use of Funds
2
i. Case management
j. Other appropriate activities for this purpose.
LMIHAF funds may only be used for these purposes if (i) any obligation to replace
affordable units has been satisfied (HSC 33413}, and (ii) the Housing Successor is
monitoring on an ongoing basis any housing affordable to persons and families of low or
moderate income developed or otherwise made available pursuant to any provisions of
Community Redevelopment Law, including the maintenance of a database of affordable
units. [HSC 33418]
Amount eligible for use: up to $250,000 each fiscal year. [HSC 34176.1 (a)(2)]
3. Funds remaining after expenditures permitted in categories 1 and 2 above must be
spent for development of housing affordable to and occupied by households earning
80% or less of the area median income (AMI). This is further broken down into the
following categories:
a. At least 30% of the funds must be expended for rental housing for households
earning 30% or less of the AMI
b. No more than 20% of the funds may be spent for development of housing for
households earning between 60% and 80% of the AMI
[HSC 34176.1 (a)(3)]
c. If during any five-year report period commencing with the period covering years
2014 through 2019, the Housing Successor fails to spend at least 30% of the
LMIHAF funds for extremely low income (30% AMI) households, then in each
fiscal year following the report period, the Housing Successor must spend at
least 50% of the funds for development of rental housing affordable to
households of 30% AMI until the Housing Successor demonstrates compliance
with the extremely low income requirement in its annual report. [HSC
34176.1(a)(3)(B)]
d. If during any five-year report period, the Housing Successor spends more than
20% of the funds for households earning between 60% and 80% of AMI, then the
Housing Successor may not spend any funds for housing for households of these
income categories until the Housing Successor demonstrates compliance with
this requirement in its annual report. [HSC 34176.1(a)(3)(C)]
“Development” is defined as the following activities:
Attachment 1
Housing Successor Agency
Use of Funds
3
a) New construction [HSC 34176.1 (a)(3)(D)]
b) Acquisition and rehabilitation [HSC 34176.1 (a)(3)(D)]
c) Substantial rehabilitation which means rehabilitation, the value of which
constitutes 25% of the after rehabilitation value of the dwelling, including land
value [HSC 33413 (b)(2)(A)(iv)]
d) Acquisition of long-term affordability covenants on multifamily units that either:
(i) are not presently available at affordable housing cost to low or very low
income households; or (ii) are units that are presently available at affordable
housing cost to this same group of persons or families, but which the agency
finds, based upon substantial evidence, after a public hearing, cannot reasonably
be expected to remain affordable. The long-term affordability covenants
purchased or otherwise acquired must be maintained for the longest feasible
time but not less than 55 years for rental units. [HSC 33413 (b)(2)(B) and ( C)]
e) Preservation of an assisted housing development at risk for loss of affordability
due to prepayment or termination of subsidies scheduled to occur within 5
years.
Other considerations:
4. Senior Housing - If the aggregate number of units of deed-restricted rental housing
restricted to seniors and assisted individually or jointly by the Housing Successor, the
former Redevelopment Agency, and the City (“Redevelopment Group”) within the
previous 10 years exceeds 50 percent of the aggregate number of units of deed-
restricted rental housing assisted by the Redevelopment Group within the same time
period, then the Housing Successor may not expend LMIHAF funds to assist additional
senior housing units until the Housing Successor or the City assists, and construction has
commenced for, units available to all persons regardless of age, in a number at least
equal to 50 percent of the aggregate number of deed-restricted rental housing units
assisted by the Redevelopment Group within the time period described above.
[HSC Section 34176.1 (b)]
5. Replacement Housing; Relocation – Replacement units that are available at the same
level of affordability as the lost units must be developed to replace low and moderate-
income housing units that were destroyed or removed from the affordable housing
stock pursuant to a written agreement with the Redevelopment Agency or where
financial assistance was provided by the Redevelopment Agency. [HSC Section 33413
(a)]. As described above, the Housing Successor may not spend funds for homeless
Attachment 1
Housing Successor Agency
Use of Funds
4
prevention until this obligation is satisfied. The replacement housing requirements of
Section 33413 also apply to affordable units destroyed as a result of projects
undertaken by the Housing Successor. In addition, residents and commercial
establishments that are displaced by Housing Successor projects are eligible for
relocation benefits.
Housing Bond Proceeds
The dissolution statutes contain conflicting provisions regarding expenditure of the
proceeds of housing bonds (i.e. bonds secured by the former 20% housing set-aside),
and it is therefore not entirely clear whether such proceeds must be spent in
accordance with the more stringent income-targeting requirements that apply to use of
LMIHAF funds as described in this summary.
Health and Safety Code Section 34176 (d) provides that “[e]xcept as specifically
provided in Section 34191.4, any funds transferred to the housing successor….shall be
maintained [in the LMIHAF].” In turn, Section 34191.4 (c) (1) (A) provides
“Notwithstanding… [any] conflicting provision of law, bond proceeds derived from
bonds issued on or before December 31, 2010… [shall] be expended in a manner
consistent with the original bond covenants. (Emphasis added.)
These sections can be interpreted to mean that (i) bond proceeds arguably do not have
to be deposited into the LMIHAF, and (ii) bond proceeds are to be spent consistent with
the bond covenants (and the requirements of Community Redevelopment Law that
applied to the 20% set-aside that serves as security for repayment of the bonds).
On the other hand, the statute provides that a housing successor may commit proceeds
of housing bonds issued before June 28, 2011 for purposes consistent with the bond
covenants, but also that “[f]unds shall be used and committed in a manner consistent
with the purposes of the Low and Moderate Income Housing Asset Fund.” [Health and
Safety Code Section 34176 (g)] An argument can be made that based on this language,
the LMIHAF income-targeting rules apply.
Since there are conflicting provisions in the statute, a prudent course of action would be
to use the proceeds of housing bonds consistently with the income-targeting
requirements that apply to the LMIHAF.
Attachment 2
Housing Successor Agency
Excess Surplus Analysis
All “Excess Surplus” must be transferred to the California Department of Housing and
Community Development (“CA-HCD”) within 3 fiscal years, if not encumbered per the code.
[Health and Safety Code (“HSC”) Section 34176.1(d)]
Excess Surplus is defined as the unencumbered amount in the account that exceeds the greater
of:
a) $1,000,000; or,
b) The aggregate amount deposited into the account during the housing successor’s
preceding four fiscal years.
Should excess surplus be identified, the Housing Successor has 3 fiscal years to either encumber
the funds to be used pursuant to HSC Section 34176.1(a)(3), transfer to another housing agency
with jurisdiction over the area pursuant to HSC Section 34176.1(c)(2), or it gets transferred to
California Department of Housing and Community Development.
Fiscal Year 16-17 Excess Surplus Calculation:
Fiscal Year Total Revenue
FY 2013-14 $ 192,716.08
FY 2014-15 $ 1,666,678.28
FY 2015-16 $ 675,411.96
FY 2016-17 $ 1,994,918.53
Total Deposit Aggregate $ 4,529,724.85
June 30, 2017 Cash on Hand $ 3,402,448.84
Excess Surplus: $ (1,127,276.01)
No Excess Surplus in Fiscal Year 16-17.
Fiscal Year 17-18 Excess Surplus Calculation:
Fiscal Year Total Revenue
FY 2014-15 $ 1,666,678.28
FY 2015-16 $ 675,411.96
FY 2016-17 $ 1,994,918.53
FY 2017-18 Projected $ -
Total Deposit Aggregate $ 4,337,008.77
Projected June 30, 2018 Cash on Hand $ 3,266,000.00
Excess Surplus: $ (1,071,008.77)
No Excess Surplus in Fiscal Year 17-18.
ITEM NO. 9
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared by: Jeffrey S. Beiswenger, AICP, Planning Manager
Agenda Title: Introducing an Ordinance Amending Rohnert Park Municipal Code
Chapter 8.30 (Commercial Cannabis Facilities, Cannabis Deliveries, and
Cannabis Cultivation) and Finding the Action Exempt Under the
California Environmental Quality Act.
RECOMMENDED ACTION: Introduce an Ordinance amending Rohnert Park Municipal
Code Chapter 8.30 (Commercial Cannabis Facilities, Cannabis Deliveries, and Cannabis
Cultivation) and find the action exempt under the California Environmental Quality Act. The
ordinance is attached hereto for introduction at this meeting and, if approved, would be brought
back to the Council for a second reading.
BACKGROUND: State laws related the regulation of marijuana have been changing rapidly
over the past several years. In 2015, the California Legislature passed Assembly Bills 243 and
266 and Senate Bill 643 in 2015 which created a broad state regulatory and licensing system
governing the cultivation, testing, and distribution of medical marijuana; the manufacturing of
medical marijuana products; and physician recommendations for medical marijuana. The
legislation also provided limited immunity to medical marijuana businesses operating with both a
state license and local permit. In response to this legislation, the City adopted Municipal Code
amendments in early 2016 to explicitly regulate the cultivation, distribution and sale of
marijuana within the City.
On November 8, 2016, Proposition 64 (legalization of recreational marijuana) was voted into law
by the people of the State of California. Many aspects of the law took effect immediately and
some elements of the law are subject to local control and discretion. When Chapter 8.30
(Marijuana) was incorporated into the code in 2016, the possible legalization of recreational
marijuana was anticipated and the code language was written to apply to all marijuana activities
and not just medical marijuana. The existing code prohibits almost all marijuana related
activities, with the exception of limited personal cultivation. Therefore only minor amendments
to the City’s municipal code are needed to ensure consistency with current state marijuana laws.
Overview of Existing Regulations: The current municipal code includes the following
regulations and prohibitions related to marijuana:
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 9
2
• Prohibition on deliveries. Under California Business and Professions Code section
19340(a), if a city wants to prevent marijuana deliveries within its jurisdiction, it had
to adopt an ordinance expressly prohibiting them.
• Prohibition on almost all marijuana related activities. Most marijuana-related
activities are prohibited by the municipal code. Marijuana businesses, dispensaries,
cultivation activities, and deliveries are not listed and not permitted in the zoning
ordinance (under the City’s permissive zoning provisions). Chapter 17.02 (General
Provisions) includes specific language that clearly and specifically prohibits
marijuana activates.
• Clear prohibition on marijuana cultivation activities. Regulations regarding marijuana
cultivation protect the City from unnecessary litigation.
• Regulations on tobacco stores. In 2009, a “Tobacco Ordinance” was adopted that
required all tobacco stores to obtain a conditional use permit. Among other things,
this use permit was intended to prevent the indirect proliferation of “head shops” that
may be posing as a regular retail tobacco stores. Head Shops are specifically
prohibited by the code.
• Prohibitions on marijuana business activities under Title 8 (Health and Safety) of the
Municipal Code. Chapter 8.30 defines and regulates marijuana-related businesses
and clarifies business licensing restrictions.
• Limits on personal cultivation. The current municipal code includes a definition of
“cultivation facility,” generally prohibiting such activity with a limited exemption, as
follows:
“A marijuana cultivation facility shall not include a property where a qualified
patient cultivates marijuana pursuant to Health and Safety Code section 11362.5 if
the qualified patient maintains no more than three (3) marijuana plants and does
not sell, distribute, donate, or provide marijuana to any other person or entity, and
the property on which the qualified patient is cultivating marijuana/cannabis has
no more than 50 square feet devoted to the cultivation of marijuana /cannabis by
any qualified patient or combination of qualified patients ….”
The passage of Proposition 64 and the Legislature’s enactment of more recent clean-up
legislation require some changes to the municipal code. The most significant change is to allow
for the personal cultivation of up to six plants instead of the three plants currently allowed by the
municipal code. State law now authorizes the personal cultivation of up to six marijuana plants
per private residence for either medicinal or recreational purposes.
PROPOSED CHANGES: When Chapter 8.30 (Marijuana) was incorporated into the code in
2016, almost all marijuana-related activities were prohibited. The proposed amendment reaffirms
this policy toward commercial marijuana establishments and revises existing terminology and
definitions to ensure consistency with current state laws. The changes are summarized as
follows:
• Reference to federal law. Changes to the purpose and intent language are included to
reflect current state law and to make clear that cannabis remains a controlled substance
under federal law.
ITEM NO. 9
3
• New terminology and definitions. Definitions largely replace the term “marijuana” with
the term “cannabis” to maintain consistency with state law.
• Detailed definitions related to “structure”. The new definitions section includes a detailed
definition for “fully enclosed and secure structure” to ensure that marijuana is not grown
inside substandard accessory structures, such as a dilapidated shed.
• Clear prohibition on commercial cannabis facilities.
• Detailed limits on personal cultivation. The new limits include a maximum of six plants
per private residence with a maximum 100-square foot planting area and a maximum
height of ten feet. Dimensional limits are more easily enforceable and are easy to explain
to persons who wish to grow plants indoors.
• Specific criteria related to accessory structures. Criteria are included to ensure that
accessory structures used for marijuana cultivation are secure and do not pose fire
hazards.
• Limits on the visibility of marijuana plants. Requirements are included that marijuana
plants should not be visible from neighboring properties and that the cultivation should
not create a public nuisance.
BUILDING CODE REQUIREMENTS: Growing marijuana plants indoors may require
specialized equipment, such as new lighting and watering systems. In fact, growing any plants
indoors may require specialized equipment. Therefore the building department is preparing a
handout that explains when structural, electrical, plumbing, HVAC and other permits are
required.
STAFF ANALYSIS: Under Proposition 64 and the follow-up legislation, local jurisdictions
retain their police power authority to prohibit commercial cannabis activities completely. The
past practice of Rohnert Park is to limit these activities as much as possible. In order to ensure
that consistency with state law, avoid confusion, and close any potential loop-holes, certain
changes to the municipal code are proposed. These changes would maintain the City’s historic
practice of limiting marijuana-related activities without limiting the City’s ability to adopt more
or less restrictive practices in the future should local policy goals change.
In order to protect the public health, safety, and welfare and preserve the City’s historic practice
of limiting marijuana related activities, staff recommends the amendment of Municipal Code
Chapter 8.30 to prohibit commercial cannabis facilities and commercial cannabis deliveries.
These updates work in conjunction with Section 17.02 (General Provisions) of the Zoning
Ordinance with makes express the prohibition of marijuana-related activities in all zoning
districts. Staff anticipates that there will be a future minor amendment to Section 17.02 to ensure
consistency with any amendments to Chapter 8.30.
With regard to personal cannabis cultivation, the proposed amendment will align local
restrictions with current state law, which expressly allows the cultivation of up to six cannabis
plants per private residence. State law permits cities to completely prohibit private outdoor
cultivation. Cities, however, cannot completely prohibit private indoor cultivation of six
cannabis plants or less. Rather, cities can only impose reasonable regulations on indoor
cultivation. The proposed amendment establishes some basic guidelines for indoor cultivation to
promote public safety and mitigate the common risks associated with indoor growing activities.
ITEM NO. 9
4
There is significant evidence that commercial cannabis facilities and deliveries and cannabis
cultivation sites are also targets of violent crime and may pose a danger to the public. Many
California communities have experienced adverse impacts and negative secondary effects from
cannabis establishments and cultivation sites, including hazardous construction, unsafe electrical
wiring, noxious odors and fumes affecting neighboring properties and businesses, increased
crime in and around such land uses, and the diversion of medical marijuana to minors (source:
White Paper on Marijuana Dispensaries by California Police Chiefs Association’s Task Force on
Marijuana Dispensaries, 2009). The proposed amendments are intended to address these
concerns and protect the public health, safety, and welfare.
ENVIRONMENTAL DETERMINATION: The approval of this ordinance is not a project
subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in a physical change to the environment, directly or
indirectly. Alternatively, the City Council finds the approval of this ordinance is exempt under
CEQA Regulation Section 15061(b)(3) because it can be seen with certainty to have no potential
for causing a significant effect on the environment.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community by implementing mandated programs.
OPTIONS CONSIDERED:
1. Introduce the attached ordinance. Staff recommends this option because it is
consistent with our current zoning practice of prohibiting most cannabis activities.
2. The alternative to the proposed code amendment is to take no action. This is not
recommended because the code amendments are needed to strengthen the existing
prohibitions on cannabis businesses and activities and to maintain consistency with
state cannabis laws.
3. Introduce a revised ordinance. The Council could direct that staff return to the
Council with a revised ordinance that permits a different scope of cannabis activity.
Due to the limited time to adopt an ordinance, staff recommends taking a
conservative approach at this stage. If alternatives are to be explored, they should be
thoroughly studied and changes to the code can be made at a later date.
FISCAL IMPACT/FUNDING SOURCE: Adopting the attached ordinance has minimal fiscal
impact.
Department Head Approval Date: 11/16/17
Finance Director Approval Date: N/A
City Attorney Approval Date: 11/16/17
City Manager Approval Date: 11/20/17
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California, Amending Rohnert Park Municipal Code
Chapter 8.30 (Commercial Cannabis Facilities, Cannabis Deliveries and Cannabis Cultivation)
1
Ord. 914
ORDINANCE NO. 914
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
ROHNERT PARK MUNICIPAL CODE CHAPTER 8.30 (COMMERICAL CANNABIS
FACILITIES, CANNABIS DELIVERIES, AND CANNABIS CULTIVATION)
WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLMC
2017-005 proposing to amend the Rohnert Park Municipal Code (“RPMC”) by amending the
Municipal Code Chapter 8.30 (Marijuana Cultivation, Processing, Delivery, and Dispensaries);
and
WHEREAS, the proposed amendments to Chapter 8.30 of Title 8, the Health and Safety
Code, would update definitions and regulation of marijuana-related uses; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA) which,
among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana
in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled
Substances Act, commencing at Health and Safety Code section 11350, which established the
state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and
distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the
"Compassionate Use Act;" Health and Safety (H&S) Code Section 11362.5 et seq.); and
WHEREAS, California courts have held that the CUA created a limited exception from
criminal liability for seriously ill persons who are in need of medical marijuana for specified
medical purposes and who obtain and use medical marijuana under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, the state Legislature enacted the "Medical Marijuana
Program" (MMP), codified as Health and Safety Code sections 11362.7 to 11362.83, to clarify the
scope of the CUA, establish a voluntary program for identification cards issued by counties for
qualified patients and primary caregivers, and provide criminal immunity to qualified patients and
primary caregivers for certain activities involving medical marijuana, including the collective or
cooperative cultivation of medical marijuana; and
WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v.
Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the CUA and
the MMP do not preempt local ordinances that completely and permanently ban medical marijuana
dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District
Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical
marijuana and that a city could implement and enforce a complete ban on this activity, including
a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643
(collectively, the “Medical Cannabis Regulation and Safety Act” or “MCRSA”) were enacted to
create a state regulatory and licensing system governing the cultivation, testing, and distribution
2
Ord. 914
of medical marijuana, the manufacturing of medical marijuana products, and physician
recommendations for medical marijuana; and
WHEREAS, MCRSA expressly preserved local control over medical marijuana facilities
and land uses, including the authority to prohibit medical marijuana facilities and cultivation
completely; and
WHEREAS, on November 8, 2016, the voters of the State of California approved
Proposition 64, entitled the “Control, Regulate and Tax Adult Use of Marijuana Act”
(“AUMA”); and
WHEREAS, under Proposition 64, individuals may possess and use specified amounts of
marijuana and may cultivate up to six marijuana plants per private residence; and
WHEREAS, under Health and Safety Code section 11362.2(b), cities may prohibit private
outdoor marijuana cultivation, but may not prohibit completely private indoor cultivation of six
marijuana plants or less; cities, however, may reasonably regulate private indoor cultivation of six
marijuana plants or less; and
WHEREAS, Business and Professions Code section 26200, which is part of Proposition
64, expressly recognizes the ability of cities to completely prohibit all recreational marijuana
businesses or to regulate such businesses; and
WHEREAS, On June 27, 2017, the Governor signed Senate Bill 94, which repealed
MCRSA and included provisions from MCRSA regarding medical marijuana in the AUMA, so
that the regulations governing both medical and non-medical marijuana were contained under one
regulatory structure; and
WHEREAS, Senate Bill 94 renamed the AUMA as the Medicinal and Adult-Use Cannabis
Regulation and Safety Act (“MAUCRSA”), and introduced more uniform terminology; Senate
Bill 94 revised references in existing law to “marijuana” or “medical marijuana” to instead refer
to “cannabis” or “medicinal cannabis,” and revised references to “nonmedical” to “adult-use;” and
WHEREAS, many California communities have experienced adverse impacts and
negative secondary effects from commercial cannabis establishments and cultivation sites,
including hazardous construction, unsafe electrical wiring, noxious odors and fumes affecting
neighboring properties and businesses, increased crime in and around such land uses, and the
diversion of cannabis to minors; and
WHEREAS, it is reasonable to conclude that commercial cannabis businesses and private
cultivation under MAUCRSA would cause similar adverse impacts on the public health, safety,
and welfare within the City of Rohnert Park; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council has
determined that it is necessary to reaffirm its existing policy of prohibiting commercial cannabis
businesses and deliveries and restricting cannabis cultivation to the maximum extent possible
within Rohnert Park; and
WHEREAS, the City Council has also determined that an amendment to Municipal Code
Chapter 8.30 is necessary in order to ensure that local cannabis regulations remain consistent with
state marijuana laws and that the City’s cannabis restrictions and regulations are clear and
unambiguous; and
3
Ord. 914
WHEREAS, the proposed regulations have been determined not to be a project for the
purposes of the California Environmental Quality Act (CEQA); and
WHEREAS, the attached hereto as Exhibit A includes the amendment to Municipal Code
Chapter 8.30 necessary in order to ensure that local cannabis regulations remain consistent with
state marijuana laws and that the City’s cannabis restrictions and regulations are clear and
unambiguous; and
WHEREAS, on November 28, 2017, the City Council conducted a duly notice public
hearing to review and consider the information contained in Planning Application No. PLMC
2017-005 for the amendments to Chapter 8.30 of Title 8 (Health and Safety).
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. The above recitations are true and correct and material to this Ordinance. In
making its findings, the City Council relied upon and hereby incorporates
by reference all staff reports, presentations, and other documentation
presented to the Council in the meeting.
Section 2. Environmental Clearance. The City Council finds the approval of this
ordinance is not a project subject to the California Environmental Quality
Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in
a physical change to the environment, directly or indirectly. Alternatively,
the City Council finds the approval of this ordinance is exempt under CEQA
Regulation Section 15061(b)(3) because it can be seen with certainty to
have no potential for causing a significant effect on the environment.
Section 3. Approval of Municipal Code Amendments. The City Council hereby
approves the amendments to Chapter 8.30 which are attached as Exhibit A
and are incorporated by reference as if set forth in full.
Section 4. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If
any section, paragraph, sentence, clause or phrase of this ordinance is for
any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the
remaining sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
4
Ord. 914
This ordinance was introduced on November 28, 2017 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________
Jake Mackenzie, Mayor
ATTEST:
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Exhibit A to Ordinance
Chapter 8.30 - COMMERCIAL CANNABIS FACILITIES, CANNABIS DELIVERIES, AND CANNABIS
CULTIVATION
8.30.010 – Purpose and Intent.
A. The purpose and intent of this chapter is to prohibit commercial cannabis activities and to
regulate private cannabis cultivation, as defined above, within the city limits to the fullest extent
allowed under law.
B. It is recognized that it is a federal violation under the Controlled Substances Act to possess or
distribute cannabis even if for medical purposes.
C. There is evidence that commercial cannabis activities, including cultivation, processing,
manufacturing, delivery, and sales, can affect the health, safety, and well-being of city residents
by increasing the risks of criminal activity, environmental degradation, malodorous odors, and
construction and electrical fire hazards.
( Ord. No. 896 , § 4(Exh. A), 2-9-2016; Ord. No. xxx, § xxx, x-x-2017)
8.30.020 - Definitions.
A. "Accessory structure" shall mean an "accessory building or use" as defined in Section 17.04.030
of this code.
B. “Cannabis” shall have the meaning set forth in Business and Professions Code section 26001(f)
and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated
resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. “Cannabis” does not mean “industrial hemp” as
defined by Section 11018.5 of the Health and Safety Code.
C. “Commercial cannabis activity” has the meaning set forth in Business and Professions Code
section 26001(k), and includes the cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products
as provided under MAUCRSA.
D. “Commercial cannabis facility” means any building, facility, use, establishment, property, or
location where any person or entity establishes, commences, engages in, conducts, or carries
on, or permits another person or entity to establish, commence, engage in, conduct, or carry on,
any commercial cannabis activity that requires a state license or nonprofit license under
Business and Professions Code sections 26000 and following, including but not limited to
cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage,
manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis
products, and the operation of a cannabis microbusiness.
Page 2
E. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
F. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified
in Division 10 of the Business and Professions Code, as the same may be amended from time to
time.
G. “Outdoor” means any location within the city of Rohnert Park that is not within a fully enclosed
and secure structure.
H. "Private residence" shall mean a house, an apartment unit, a mobile home, or other similar
dwelling.
(Ord. No. 896, § 4(Exh. A), 2-9-2016, Ord. No. XXX , § X, x-x-2017)
8.30.030 – Commercial cannabis facilities.
Commercial cannabis facilities are prohibited in all zones and districts in the city. No person or entity
may establish or operate a commercial cannabis facility within city limits. No property owner may allow
its property to be used by any person or entity as a commercial cannabis facility.
(Ord. No. XXX, § X, x-x-2017)
8.30.040 – Cannabis deliveries.
No state-licensed commercial cannabis facility may deliver or transport cannabis to any person or
property located in the city.
(Ord. No. XXX, x-x-2017)
8.30.050 – Cannabis cultivation; regulations.
A. No person may cultivate cannabis at any location within the city, except that a person may
cultivate no more than six living cannabis plants inside a private residence, or inside an
accessory structure to a private residence located upon the grounds of that private residence.
Such cultivation may only occur in residences and accessory structures that are fully enclosed
and secured against unauthorized entry.
B. All persons cultivating cannabis inside a private residence, or inside an accessory structure to a
private residence located upon the grounds of that private residence, shall comply with the
following:
1. All planting, cultivation, harvesting, drying, and processing (or similar actions) of
cannabis plants, and the cannabis produced by the plants, shall be conducted entirely
inside a private residence, or inside an accessory structure to a private residence located
upon the grounds of that private residence.
2. Not more than six living cannabis plants may be planted, cultivated, harvested, dried, or
processed inside a private residence, or inside an accessory structure to a private
residence located upon the grounds of that private residence at one time.
Page 3
3. The cannabis cultivation area shall not exceed 100 square feet in total area for all
cannabis plants being cultivated and shall not exceed 10 feet in height per plant.
4. Cannabis cultivation in a greenhouse that is on the property of the private residence but
not physically part of the private residence is permitted, as long as the greenhouse is
fully enclosed and secured, the cannabis plants are not visible from a public place, and
the greenhouse meets all requirements in this chapter.
5. An accessory structure used for cannabis cultivation under this section shall be a
building that complies with the California Building Code (“CBC”), as adopted in the city
of Rohnert Park, or, if exempt from the permit requirements of the CBC, has a complete
roof and a foundation, slab or equivalent base to which the floor is secured by bolts or
similar attachments. The walls and roof of the accessory structure must be constructed
of solid materials that cannot be easily broken through, such as two inch by four inch
nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the
equivalent. Greenhouse roofs and walls are permitted, but they must be made of
sturdy materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy
this requirement. If indoor grow lights or air filtration systems are used, they must
comply with the California building, electrical, and fire codes as adopted in the city of
Rohnert Park.
6. The use of gas products (CO2, butane, etc.) for cannabis cultivation or processing is
prohibited.
7. Cannabis cultivation lighting shall not exceed 1,200 watts total.
8. No living cannabis plants shall be visible, and light, heat, or other environmental impacts
associated with personal cultivation shall be detectable, from a public place, right-of-
way, or neighboring property.
9. All private residences and accessory structures used for cannabis cultivation shall, at all
times, comply with all applicable provisions of Title 15 of this code and the California
Building Standards Code, as amended from time to time.
10. Not more potable water than is reasonably necessary to sustain six living cannabis
plants shall be utilized.
11. Cannabis cultivation shall not create any public nuisance condition, including but not
limited to those conditions set forth in Chapter 1.24 of this code.
(Ord. No. XXX , § X, x-x-2017)
8.30.060 - Enforcement.
The city may enforce this chapter in any manner permitted by law. Any violation of this chapter shall be
and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of
action for injunctive relief.
( Ord. No. 896 , § 4(Exh. A), 2-9-2016)
Marijuana / Cannabis
Response to New State Regulations
City Council
Consideration of Ordinance Updates
November 28, 2017
What has changed?
City adopted regulations in early 2016
that banned most marijuana activities
Voter approved “Adult Use of Marijuana
Act (AUMA)” in November of 2016
Proposition 64 –AUMA
◦Allows recreational marijuana
◦Establishes state regulatory system
◦Local control mostly preserved
Current RP Regulations Restrictive
Prohibit dispensaries
Prohibit “head shops”
Prohibit deliveries
Prohibit commercial cultivation
Prohibit manufacturing
Prohibit all outdoor cultivation
3 plant limit -personal indoor cultivation
Limits indoor cultivation area to 50 sf
Changes as a result of State Law
Must allow personal cultivation of six
plants per dwelling (Rohnert Park allows
three)
Localities must explicitly ban cannabis
activities not desired in community
Utilize terminology consistent with State
Other Concerns
New State Law will Lead to More Indoor Cultivation
Building permits
Electrical
Plumbing and
Structural changes
Public Safety (fire) concerns
Combustible materials
Inadequate electrical systems / panels
No special permits are needed
Enforcement of existing codes sufficient
City Staff Team
Code Changes reviewed by:
◦Legal
◦Planning
◦Building
◦Public Safety
◦City Manager
Key Changes
Changes in terminology / definitions
◦Marijuana Cannabis
◦Definition of “structure”
◦Definitions consistent with State terminology
Clear prohibition on commercial facilities
Detailed limits on personal cultivation
◦6 plants per dwelling (versus 3 per person)
◦100 sf of cultivation area
◦10 foot height limit (for plants)
Limits on visibility of plants
Recommendation
Introduce an Ordinance Amending
Rohnert Park Municipal Code Chapter
8.30 (Commercial Cannabis Facilities,
Cannabis Deliveries and Cannabis
Cultivation) and find exempt from CEQA
Item No. 10
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
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Amendments to the City of Rohnert Park Municipal Code Chapter 8.32
RECOMMENDED ACTION: Introduce an ordinance amending Chapter 8.32 (Use of
Tobacco and Electronic Cigarettes) of the City of Rohnert Park Municipal Code (“Municipal
Code”) regarding smoking and secondhand smoke.
BACKGROUND: At the May 23, 2017 Rohnert Park City Council meeting, Council and Staff
discussed the City’s existing use of tobacco ordinance (Municipal Code Chapter 8.32). As a part
of the discussion, Council considered the necessity of updating the Municipal Code Chapter
8.32, which currently regulates the use of tobacco and electronic cigarettes. The Council
unanimously agreed that the focus of the ordinance should be expanded to include smoking, in
general, as well as secondhand smoke. It was determined that the Chapter 8.32 smoking
regulations should apply to cannabis, as well. The majority of the Council further indicated a
preference for more restrictive regulations relating to outdoor smoking at single family detached
homes, multi-unit buildings and individually-owned condominium units, and public spaces. The
Council directed staff to move forward with an update of the ordinance for Council
consideration.
Staff has prepared a draft amendment to Chapter 8.32 (Use of Tobacco and Electronic
Cigarettes) based on Council input and discussion. Attachment 1 includes the proposed revised
chapter with changes shown in redline.
PROPOSED AMENDMENTS and ANALYSIS:
The proposed updates to Municipal Code Chapter 8.32 are primarily based on the direction and
input received by Council at the May 23, 2017 Council meeting. The following provides a
summary and brief explanation for the proposed amendments to Municipal Code Chapter 8.32:
• Chapter 8.32 - Title: The title of the chapter is proposed to be amended from “Use of
Tobacco and Electronic Cigarettes” to “Smoking and Secondhand Smoke.” This
amendment reflects the consensus of the Council to expand the focus of the ordinance to
regulate all types of smoking and secondhand smoke, not only tobacco and electronic
cigarettes.
Item No. 10
• Section 8.32.010 – Purpose and Intent: This section is proposed to be amended to
eliminate the reference to tobacco and tobacco products. Additional text is proposed to
further expand upon the purpose and intent of the amended code section, which is proposed
to be “to limit exposure of secondhand smoke; protect the public from smoking and
smoking-related litter and pollution; and, affirm and promote a healthy environment in the
City.” These revisions reflect the proposed expanded focus of the code section.
• Section 8.32.020 – Findings: Bullet ‘E’ of the existing code section is proposed to be
amended to include “tenants in multi-unit buildings” as being among those entitled to the
right to a smoke free environment. This amendment is intended to limit tenants’ exposure to
secondhand smoke in multi-unit buildings and is consistent with direction received from the
Council. Bullet ‘I’ is proposed to be deleted and combined into Bullet ‘D.’
• Section 8.32.030 – Definitions: Several of the existing definitions are proposed to be
amended and new definitions added. The proposed revisions reflect the revised text and
applicable terms. Additional clarification and detail is proposed for some of the existing
terms.
• Section 8.32.040 – Secondhand smoke – Declaration of a nuisance – Consistent with the
expanded focus of the ordinance, Staff is proposing to add this new subsection to declare
secondhand smoke a nuisance. The section indicates that a private citizen may bring a legal
action to abate secondhand smoke as a nuisance.
• Section 8.32.050 – Places where smoking is prohibited – This section is proposed to be
amended to provide a breakdown of smoking prohibitions by area (enclosed and
unenclosed).
o Enclosed areas – This subsection, which lists the enclosed areas where smoking shall
be prohibited, is proposed to be amended to add public places, recreational areas, and
buildings and vehicles owned by the city. Staff further proposes to amend the multi-
unit building regulations to eliminate the stipulation allowing for a percentage of units
to be designated as smoking units. These amendments are consistent with direction
and input received from the Council at the May 23, 2017 meeting and are intended to
limit exposure to secondhand smoke.
o Unenclosed areas – In this subsection, which lists the unenclosed areas where
smoking shall be prohibited, Staff is proposing to add multi-unit building common
areas with an exception that would allow a landlord to designate a portion of the
unenclosed common area as smoking, provided that reasonable distance criteria is
satisfied (Section 8.32.060(D) includes additional details). Another proposed
amendment to this subsection adds a prohibition for smoking in exclusive use areas
within a unit of a multi-unit building (private balcony, porch, deck, patio, etc.). These
amendments are intended to reduce tenants’ exposure to secondhand smoke, as
discussed at the May 23, 2017 Council hearing.
Staff also proposes to amend the current regulation prohibiting smoking within
“twenty-five feet of a public playground or tot lot (sandbox) areas” to prohibiting
smoking in “recreational areas.” Finally, staff is proposing to add a new bullet to add
a prohibition for smoking in public places when being used for a public event
Item No. 10
(farmers’ market, parade, fair, festival, etc.). These amendments are similarly
intended to limit exposure to unwanted secondhand smoke in public, unenclosed
areas.
o New bullet ‘C’ is proposed to be added to this subsection to prohibit smoking within
twenty-five feet of any entrance, doorway, window, opening, crack, or vent into an
enclosed area or unenclosed area where smoking is prohibited pursuant to this
subsection. This amendment is proposed to clearly define the distance from enclosed
and unenclosed areas in which smoking shall be prohibited.
• Section 8.32.060 – Exceptions
o Bullet ‘E’, which currently provides an exemption for “public sidewalks unless
otherwise prohibited” is proposed to be revised to state, “public streets, alleys and
abutting sidewalks, unless otherwise prohibited, and only when the public streets,
alleys or abutting sidewalks are being used in their traditional capacity as pedestrian
or vehicular thoroughfares to travel from one destination to another. This proposed
revision is intended to provide additional detail/clarity regarding smoking on streets
and sidewalks.
o Bullet ‘F’ is proposed to be added to stipulate that private automobiles are excluded
from the smoking prohibitions.
• Chapter 8.32.070 – Duty of employers and businesses
o Title: The title of this section is proposed to be amended to, “Duty of employer,
business, nonprofit entity, or landlord.”
o Bullet ‘D’ and ‘E’ are proposed to be eliminated – the included provisions are
covered under existing State law.
o New bullet ‘E’ is proposed to be added to stipulate the duties of landlords of multi-
unit buildings, including requirements for lease and rental agreements. This
amendment reflects the Council’s desire to implement more restrictive smoking
regulations for multi-unit buildings and limit tenants’ exposure to secondhand smoke.
o New bullets ‘F’ and ‘G’ include the requirement for landlords to take appropriate
steps to ensure tenant compliance with the regulations. Reasonable steps include
posting signs, sending tenants written information on an annual basis for three years
after the adoption of this ordinance, and notifying tenants that are subject of a
smoking complaint. This amendment is proposed to provide landlords with clear
direction for complying with the revised regulations.
OPTIONS CONSIDERED: None. This action results from City Council direction
STRATEGIC PLAN ALIGNMENT: Maintaining an effective smoking ordinance is
consistent with Strategic Plan Goal D – Continue to development a vibrant community.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of amending the smoking
ordinance is the staff time associated with implementing the amendment to the Municipal Code.
Funding for this work would come from the Development Services Department’s operational
budget.
Item No. 10
Department Head Approval Date: 11/17/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 11/17/2017
City Manager Approval Date: 11/20/2017
Attachments (list in packet assembly order):
1. An Ordinance of the City of Rohnert Park, California, Amending Chapter 8.32 (Use of
Tobacco and Electronic Cigarettes) of the Rohnert Park Municipal Code
1
Ord. 915
ORDINANCE NO. 915
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
CHAPTER 8.32 (USE OF TOBACCO AND ELECTRONIC CIGARETTES) OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, numerous studies have determined that smoking is a major contributor to
indoor air pollution; and
WHEREAS, the Surgeon General of the United States has documented that breathing
secondhand smoke is a significant health hazard, particularly to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function; and
WHEREAS, breathing secondhand smoke has been determined to be a health hazard by
increasing the incidence of lung cancer, bronchitis, and respiratory infection while decreasing
exercise tolerance and respiratory function; and
WHEREAS, non-smokers who suffer from allergies, respiratory diseases, or the negative
effects of breathing secondhand smoke or aerosol emissions from electronic cigarettes may
experience a loss of job productivity or may be forced to take periodic sick leave because of
adverse reactions; and
WHEREAS, persons, particularly employees and tenants in multi-unit buildings, have a
right to a smoke free environment if they desire; and
WHEREAS, secondhand smoke exposure causes as many as three hundred thousand
children in the United State[s] to suffer from lower respiratory tract infections, exacerbates
childhood asthma, and increases the risk of acute chronic, middle ear infections; and
WHEREAS, as aerosol emissions from electronic cigarettes have been found to contain
as least ten chemicals that are on California's list of chemicals known to cause cancer, birth defects,
or other reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene,
lead, nickel, nicotine, N-nitrosonornicotine, and toluene, secondhand exposure to e-cigarette
aerosol is a health concern; and
WHEREAS, people exposed to aerosol emissions from electronic cigarettes absorb
nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levels
comparable to secondhand smoke, and are also exposed to volatile organic compounds and other
particulate matter that can lead to tissue inflammation; and
WHEREAS, in 2009 the City of Rohnert Park (“City”) adopted Chapter 8.32 (Use of
Tobacco) as a comprehensive ordinance to address the impacts of smoking on public health; and
WHEREAS, on February 28, 2017, the City approved an amendment to Chapter 8.32 of
the Municipal Code to include electronic cigarettes; and
WHEREAS, at the May 23, 2017 City Council hearing, the Council discussed further
updates to Chapter 8.32 and directed staff to return with an amended ordinance that expands the
focus from tobacco to smoking and secondhand smoke and includes additional revisions for their
consideration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
2
Ord. 915
SECTION 1. FINDINGS
The City Council finds that:
A. The above recitals constitute a part of the findings made by City Council in adopting this
amended ordinance.
B. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on November 28, 2017.
B. In accordance with CEQA Guidelines, Section 15061(b)(3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 2. ADOPTION OF AMENDMENTS TO CHAPTER 8.32 OF THE ROHNERT
PARK MUNICIPAL CODE
The City hereby adopts amended Municipal Code Chapter 8.32 in substantially similar form as
attached hereto and incorporated herein as Exhibit A.
SECTION 3. SEVERABILITY
The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of
this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance
is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality
shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences,
clauses, or phrases.
SECTION 4. EFFECTIVE DATE
This ordinance shall go into effect thirty (30) days after its adoption and shall be published or
posted as required by law.
3
Ord. 915
This ordinance was introduced by the Council of the City of Rohnert Park on November 28, 2017
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
__________________________________
Jake Mackenzie, Mayor
ATTEST:
__________________________________
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
_______________________________
Michelle Marchetta Kenyon, City Attorney
Exhibit A to Ordinance
Chapter 8.32 - SMOKING AND SECONDHAND SMOKE
8.32.010 – Purpose and Intent.
The purpose and intent of this chapter is to provide for the health, safety, and welfare of individuals
residing, working, or visiting in the city of Rohnert Park by limiting exposure of secondhand smoke to
nonsmokers, especially children; by protecting the public from smoking and smoking-related litter and
pollution; and, by affirming and promoting a healthy environment in the city.
8.32.020 - Findings.
A. Numerous studies have determined that smoking is a major contributor to indoor air pollution.
B. The Surgeon General of the United States has documented that breathing secondhand smoke is
a significant health hazard, particularly to elderly people, individuals with cardiovascular disease,
and individuals with impaired respiratory function.
C. Breathing secondhand smoke has been determined to be a health hazard by increasing the
incidence of lung cancer, bronchitis, and respiratory infection while decreasing exercise
tolerance and respiratory function.
D. Non-smokers who suffer from allergies, respiratory diseases, or the negative effects of breathing
secondhand smoke or aerosol emissions from electronic cigarettes may experience a loss of job
productivity or may be forced to take periodic sick leave because of adverse reactions.
E. Persons, particularly employees and tenants in multi-unit buildings, have a right to a smoke free
environment if they desire.
F. Secondhand smoke exposure causes as many as three hundred thousand children in the United
State[s] to suffer from lower respiratory tract infections, exacerbates childhood asthma, and
increases the risk of acute chronic, middle ear infections.
G. As aerosol emissions from electronic cigarettes have been found to contain as least ten
chemicals that are on California's list of chemicals known to cause cancer, birth defects, or other
reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead,
nickel, nicotine, N-Nitrosonornicotine, and toluene, secondhand exposure to e-cigarette aerosol
is a health concern.
H. People exposed to aerosol emissions from electronic cigarettes absorb nicotine, a substance
that can cause cancer, birth defects, or reproductive harm, at levels comparable to secondhand
smoke, and are also exposed to volatile organic compounds and other particulate matter that
can lead to tissue inflammation.
I. It is within the city’s authority under its police power to implement and enforce the provisions
of this chapter.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 904, § 2, 3-14-2017)
8.32.030 - Definitions.
A. "Business" means the sole proprietorship, partnership, joint venture, corporation, association,
nonprofit or other entity formed for public interest or profit-making purposes or that has an
employee as defined in this section.
B. “Common area” means any area of a multi-unit building which residents of more than one (1)
unit of that multi-unit building are entitled to enter or use, including but not limited to halls,
pathways, lobbies, courtyards, elevators, stairwells, community rooms, laundry facilities, picnic
areas and other shared eating areas, playgrounds, swimming pools, gym facilities, parking
garages, parking lots, shared restrooms and shared cooking areas.
C. "Electronic smoking device" means an electronic and/or battery operated device, which can
provide an inhalable dose of nicotine, cannabis, whether recreational or medicinal, or other
vaporized liquids to the person inhaling the device, including, but not limited to, an electronic
cigarette, cigar, pipe, or hookah. “Electronic smoking device” does not include any product
specifically approved by the United States Food and Drug Administration for the use in the
mitigation, treatment, or prevention of disease.
D. "Employee" means any person who is employed; retained as an independent contractor by an
employer, as defined in this section; or any person who volunteers his or her services for any
employer, association, business, nonprofit or volunteer entity.
E. "Employer" means any person, partnership, corporation, association, nonprofit, or other entity
who employs or retains the services of one or more persons or supervises volunteers.
F. "Enclosed area" means closed in by a roof and four walls (with the appropriate openings for
egress and ingress). This would include but not be limited to lobbies, lounges, waiting areas,
elevators, hallways, restrooms, stairwells, common areas (e.g., laundry and recreation rooms
within a multi-unit building), that are a structural part of the building.
G. “Existing unit” means a unit that was issued a certificate of occupancy or received a final
inspection prior to the effective date of the ordinance codified in this chapter.
H. “Landlord” means any person who owns property let for residential use, any person who lets
property, and any person who manages such property, except that “landlord” does not include a
master tenant who sublets a unit as long as the master tenant sublets only a single unit of a
multi-unit residence.
I. "Multi-unit building" means a building or portion thereof that contains two or more units with
one or more shared walls, floors or ceilings, including but not limited to apartments, residential
cooperatives, residential condominiums, duplexes, residential care facilities for seniors licensed
by the State of California and other attached housing. “Multi-unit residence does not include:
1. A hotel or motel;
2. A mobile home park;
3. A campground;
4. A single-family detached residence;
5. A single-family home with an attached or detached second dwelling unit as defined by
Government Code Section 6582.2 when permitted pursuant to local ordinance and/or
applicable state law.
J. “New unit” means a unit within a multi-unit building that is issued a certificate of occupancy or
final inspection on or after xxx, 2017, and a unit that is leased or rented for the first time on or
after xxx, 2017.
K. “Nonprofit entity” means any entity that meets the requirements of California Corporations
Code Section 5003 as well as any corporation, unincorporated association or other entity
created for charitable, religious, philanthropic, educational, political, social or similar purposes,
the net proceeds of which are committed to the promotion of the objectives or purposes of the
entity and not to private gain. A public agency is not a nonprofit within the meaning of this
section.
L. “Outdoor dining area” means any outdoor area, including streets and sidewalks, which is
available to or customarily used by the general public or an employee, and which is designed,
established, or regularly used for consuming food or drink.
M. "Place of employment" means any area under the control of an employer or business where an
employee can be found to frequent during the course of a work day. For example, cafeterias,
conference rooms, lobbies, lounges (break rooms), elevators, hallways, restrooms, stairwells,
vehicles and work areas.
N. “Playground” means any park designed in part to be used by children that has play or sports
equipment installed or has been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds, or on City grounds.
O. "Private smokers' lounge" means an area that is attached to and incidental to a tobacco store
that may be occupied by persons eighteen years of age or older who intend to ingest or inhale
any electronic cigarette, smoking tobacco or tobacco product by means of a pipe, cigar,
cigarette or any other method. Private smokers' lounges do not include hookah bars which are
prohibited in the city of Rohnert Park pursuant to Municipal Code, Chapter 8.33 (prohibition of
head shops, hookah bars, tobacco vending machines and self-service displays).
P. “Public place” means any area, publicly or privately owned, which is open to the general public
regardless of any fee or age requirement, including but not limited to streets, sidewalks, plazas,
and courtyards; clubhouses, meeting halls, and community centers; elevators, restrooms,
lobbies, public hallways, and waiting rooms; banks, retail stores, galleries, aquariums, libraries
and museums; bars, restaurants, and clubs; and taxis and buses.
Q. “Reasonable distance” means a distance that ensures that occupants of an area in which
smoking is prohibited are not exposed to secondhand smoke created by smokers outside the
area. The distance shall be a minimum of twenty-five (25) horizontal feet.
R. “Recreational area” means any area, publicly or privately owned, which is open to the public for
recreational purposes regardless of any fee or age requirement, including but not limited to
parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails,
bike paths, swimming pools, sporting facilities, stadiums, roller and ice skating rinks, skateboard
parks, and amusement parks.
S. “Service line” means any publicly or privately owned area, including streets and sidewalks, that
is designed to be used or is regularly used by one or more persons to receive a service, wait to
receive a service, or make a transaction, whether or not such service or transaction involves the
exchange of money. The term “service line” includes, but is not limited to, information kiosks,
automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or taxi
stands.
T. "Smoking" means and includes inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco, cannabis, or any other weed or
plant product intended for inhalation, whether natural or synthetic, in any manner or in any
form. "Smoking" includes the use of an electronic cigarette, electronic smoking device that
creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device
for the purpose of circumventing the prohibition of smoking.
U. "Tobacco product" means any of the following: (i) a product containing, made, or derived from
tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited
to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (ii) an electronic
cigarette; or (iii) any component, part, or accessory of a tobacco product, whether or not sold
separately.
V. “Tobacco store” means a retail store utilized primarily for the sale of tobacco products and
tobacco accessories and for which the sale of other products is merely incidental. A retail
establishment that devotes more than 50% of the floor area and/or derives over 50% of revenue
from tobacco products and tobacco accessories is considered a tobacco store.
W. “Unenclosed area” means any area which is not an enclosed area.
X. “Unit” means a personal dwelling space within a multi-unit building, even where lacking cooking
facilities or private plumbing facilities, including but not limited to a “dwelling unit” as defined in
Chapter 17.04 of the Rohnert Park Municipal Code. “Unit” includes but is not limited to an
apartment; a common interest development such as a condominium, townhouse or tenant-in-
common; a room in a dormitory; a room in a senior citizen residence, nursing home, assisted
living facility, or long-term health care facility; a room in a single room occupancy (“SRO”)
facility; and a room in a homeless shelter. “Unit” also includes any associated exclusive use
enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 904, § 3, 3-14-2017; Ord. No. xxx, §x, x-x-2017)
8.32.040 – Secondhand smoke – Declaration of a nuisance.
Secondhand smoke produced in violation of this Chapter constitutes a nuisance. Notwithstanding any
other provisions of this chapter, a private citizen may bring a legal action to abate conduct in violation of
this chapter resulting in exposure to secondhand smoke.
(Ord. No. xxx, §x, x-x-2017).
8.32.050 – Places where smoking is prohibited
A. Enclosed Areas. Smoking shall be prohibited in the following enclosed areas within the city
unless specifically exempted pursuant to Section 8.32.060 of this chapter (Exceptions) and
except in such places in which smoking is already prohibited by state or federal law, in which
case the state or federal law shall apply.
1. Any place of employment;
2. Public places, whether publically or privately operated;
3. Recreational areas;
4. All buildings and vehicles owned, leased, operated or controlled by the city;
5. Multi-unit buildings and enclosed common areas;
6. Any elevator, public restroom, service line (i.e. ATM), bus, limousine, taxi cab, train, or
other public transportation vehicle;
7. Any vehicle that is occupied by a minor (person under the age of eighteen years of age);
8. On the premises of a licensed day care center and in a licensed family day care home; and
9. On the premises of a licensed, long-term, health care facility.
(Ord. No. 813, § 4A, 4-28-2009. Ord. No. xxx, §x, x-x-2017)
B. Unenclosed Areas. Smoking shall be prohibited in the following unenclosed areas within the
city unless regulated by more restrictive state or federal law, in which case the state or federal
law applies, or specifically exempted under Section 8.32.060 of this chapter.
1. The strip of land which is located approximately one hundred feet south of the boundary of
University Park Subdivision, immediately adjacent to the north boundary of Rancho Cotati
High School, and within the strip from between the eastern most curb of Snyder Lane to
the western most property line of Sonoma State University and better known by the
Sonoma County Assessor's Office as: APN's 158-230-065; -066, -069 and 158-220-074 and -
075;
2. Multi-unit building common areas; except that a person with legal control over a multi-unit
building common area, such as a landlord or homeowners’ association, may designate a
portion of the multi-unit building common area as a smoking area provided that at all times
the designated smoking area meets the reasonable distance criteria set out in Section
8.32.050(C) and in Section 8.32.060(D);
3. Exclusive-use areas associated with a unit of a multi-unit building, such as a private balcony,
porch, deck, or patio;
4. Any service line (i.e., ATM), bus stop, taxi stand or phone booth;
5. Property owned or controlled by the city; provided, that smoking is permitted on streets,
alleys and abutting sidewalks being used in a traditional capacity as pedestrian or vehicular
thoroughfares, unless otherwise prohibited by this chapter or other law;
6. Any private building or structure that is posted as nonsmoking, except while actively
passing on the way to another destination;
7. Recreational areas;
8. Any business or place of employment in which food is being consumed or where setup,
service, and cleanup functions are occurring, including but not limited to: outdoor dining
areas, farmers markets, concerts, fairs and other such events;
9. Public places, when being used for a public event, including a farmers’ market, parade, fair,
festival, or any other event which may be attended by the general public; and
10. On the premises of a licensed day care center or licensed family day care home.
C. Smoking shall be prohibited within twenty-five feet of any entrance, doorway, window,
opening, crack, or vent into an enclosed area in which smoking is prohibited under Subsection
A of this Section, and within twenty-five feet of an unenclosed area where smoking is
prohibited under Subsection B of this Section, except while actively passing on the way to
another destination and provided smoke does not enter any area in which smoking is
prohibited.
D. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control
over any property from prohibiting smoking on any part of such property, even if smoking is not
otherwise prohibited in that area.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. xxx, §x, x-x-2017)
8.32.060 – Exceptions.
Notwithstanding Section 8.32.050, the following are exceptions to the smoking prohibitions for enclosed
and unenclosed areas.
A. A private smokers' lounge attached to a tobacco store, subject to the following:
1. The tobacco store must have a conditional use permit and be located on a site that is
zoned for "C-R" - Regional Commercial land uses;
2. The tobacco store shall have a minimum separation of five hundred feet between the
use and a school, religious assembly, public facility, multi-unit residential development
or another tobacco store; and
3. The tobacco store shall not include a head shop or hookah bar. The city of Rohnert
Park prohibits head shops and hookah bars pursuant to Municipal Code, Chapter 8.33
(prohibition of head shops, hookah bars, tobacco vending machines and self-service
displays).
B. Medical research or treatment sites, if smoking is integral to the research and treatment being
conducted.
C. A private residence, unless expressly prohibited by Sections 8.32.050 (prohibition on smoking
in enclosed areas and unenclosed areas) e.g., licensed day care facility, licensed health care
facility or multi-unit residential development.
D. As stipulated in Section 8.32.050(B)(2), a portion of the common area of a multi-unit building
may be designated as a smoking area subject to the following provisions:
1. Must be located at least twenty-five feet from any enclosed area where smoking is
prohibited;
2. Must not include, and must be at least twenty-five feet from any unenclosed area
primarily used by children including, but not limited to, areas improved or designated
for play or swimming;
3. Must have a clearly marked perimeter;
4. Must be identified by conspicuous signs; and
5. Must not overlap with any area in which smoking is otherwise prohibited by this
chapter
E. Public streets, alleys and abutting sidewalks, unless otherwise prohibited, and only when the
streets, alleys or abutting sidewalks are being used in their traditional capacity as pedestrian or
vehicular thoroughfares to travel from one destination to another.
F. Private automobiles.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. xxx, §x, x-x-2017)
8.32.070 - Duty of employer, business, nonprofit entity, or landlord.
A. No employer, business, nonprofit entity, or landlord shall knowingly or intentionally permit
smoking in an area that is under the control of an employer, business, nonprofit entity, or
landlord and in which smoking is prohibited.
B. No employer, business, nonprofit entity, or landlord shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, without limitation, ash trays or cans, within
an area which is under the control of the employer, business, nonprofit entity, or landlord, and
in which smoking is prohibited, including, without limitation, inside the perimeter of any
reasonable distance required by this chapter.
C. Any employer or business entity that permits a nonemployee access to its place of employment
or business on a regular basis has not acted knowingly or intentionally if it has taken the
following reasonable steps to prevent smoking by a nonemployee:
1. Posted clear and prominent signs, as follows:
a. Where smoking is prohibited throughout the building or structure, a sign stating "No
Smoking" shall be posted. The "No Smoking" sign shall be of letters that are a
minimum of one inch in height or the international "no smoking" symbol. The sign
shall be clearly and conspicuously posted on the exterior of every building or other
place where smoking is controlled by this chapter, by the owner, operator, manager,
or other person having control of such building or other place. The sign shall include
the distance limitations contained in Sections 8.32.050(A)(4) and (5) of this chapter as
applicable; and
b. Where smoking is permitted in designated areas of the building or structure, a sign
stating "Smoking Is Prohibited Except in Designated Areas" shall be posted at each
entrance to the building or structure.
2. Has requested, when appropriate, that a nonemployee who is smoking refrain from
smoking.
D. Notwithstanding any other provision of this chapter, any employer, business entity or person
who controls any area may declare that any part of such area in which smoking would otherwise
be permitted to be a nonsmoking area.
E. Every landlord of a multi-unit building, as defined in this chapter, in order to demonstrate
compliance with the applicable provisions in this chapter, shall at a minimum include in every
lease or rental agreement a provision prohibiting any smoking within any such unit, including
any exclusive use areas such as patios, balconies and porches, as well as in common areas and
on the property, as a whole. Such provision, which may be incorporated by amendment to
house rules applicable to the property, shall (1) state that any violation of the smoking
prohibition by, through or under control of the tenant be construed as a material breach of the
lease or rental agreement, and (2) be included in any rental or lease agreement at the soonest
date possible for those units already in existence and occupied pursuant to a lease other than a
month-to-month lease as of the effective date of the ordinance. Units rented or leased on a
month-to-month basis, and owner-occupied multi-unit building residences shall be converted to
nonsmoking no later than 60 days from the effective date of this ordinance.
F. Compliance with the requirement set forth in subsection E of this section shall not excuse the
landlord of a multi-unit building from taking appropriate steps to ensure tenant compliance with
this chapter, Landlord shall be prepared to respond to and address complaints from other
tenants on the property of violations of the smoking prohibitions.
G. For purposes of this chapter, appropriate steps shall include the following
1. Posting signs in compliance with the requirements of this chapter.
2. Sending every tenant written information on an annual basis for the first three years
following the adoption of this ordinance about the requirements of this chapter, to
include no smoking requirements and the location, if any, of a designated smoking area
on the property.
3. Notifying each tenant who is the subject of a smoking complaint of the requirements of
this chapter as well as the fact that a compliant was lodged against the tenant and
encouraging compliance.
H. So long as the Landlord can demonstrate that it has implemented all of the appropriate steps
towards compliance with this ordinance, Landlord shall not be found in violation of the
ordinance.
(Ord. No. 813, § 4A, 4-28-2009; (Ord. No. xxx, §x, x-x-2017 )
8.32.080 - Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any
employee or applicant for employment because such employee or applicant exercises any rights
afforded by this chapter.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.090 - Violations and penalties.
A. Any violation of any prohibition of this chapter is an infraction, punishable by a fine not to exceed
that which is set by Municipal Code Chapter 1.16 (general provisions).
B. Smoking in any area where smoking is prohibited by this chapter constitutes a public nuisance and
may be abated as such including the application of any of the enforcement remedies provided in
the city of Rohnert Park's Municipal Code or under any applicable state or federal statute or
pursuant to any other lawful power the city may possess.
C. Any private person who claims violation of this chapter may bring a civil action for damages or for
injunctive relief in accordance with applicable laws governing such civil actions.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.100 - Interpretation.
This chapter shall not be interpreted or construed to permit smoking where is it otherwise
restricted by state or federal law.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.110 - Effective date.
The provisions of this chapter and any amendments thereto shall be effective thirty days from and
after the date of adoption and publication or posting as required by law.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.120 - Statutory severability.
If any section, subsection, sentence or clause or phrase of this chapter is, for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the chapter.
(Ord. No. 813, § 4A, 4-28-2009)
Secondhand Smoke
Updates to Municipal Code
City Council
Consideration of Ordinance Updates
November 28, 2017
Purpose of Updates
Change focus of regulations from tobacco
to secondhand smoke
Chapter 8.32 –title amended:
◦From: “Use of Tobacco and Electronic Cigarettes”
◦To: “Smoking and Secondhand Smoke”
Applies to all types of secondhand smoke
and vapor:
◦Tobacco products
◦E-cigarettes
◦Marijuana
◦Etc.
Key Changes
States a clear intent of chapter:
◦Limit exposure of secondhand smoke
◦Protect public from smoking and related litter
◦Promote a heathy environment
Protects all residents in multi -family
buildings
Declaration of a nuisance
Allows for civil action by private party
Regulates where smoking is prohibited
Key Changes
Regulation Current Proposed
Enclosed Areas
Places of Employment Prohibit Prohibit
Multi-family common areas Prohibit Prohibit
Multi-family units Prohibit
(25% may be designated)
Prohibit (remove
25% stipulation)
Single family home Not regulated Not regulated
Condominium Not regulated Prohibit
Hotels Not regulated Not regulated
Public places / recreation areas
/ vehicles (owned by City)
Not regulated Prohibit
Key Changes
Regulation Current Proposed
Unenclosed Areas
Multi-family common areas Prohibit
(landlord may
designate area)
Prohibit (landlord
may designate area)
Multi-family porch/balcony Prohibit (25%
may be
designated)
Prohibit (all units)
Condominium common areas Prohibit Prohibit
Condominium porch/balcony Permitted Prohibit (all units)
Proximate to windows and doors Not permitted
within 20 feet
Not permitted
within 25 feet
Key Changes
Regulation Current Proposed
Unenclosed Areas
Playgrounds Prohibit within
25 feet
Prohibit in all
recreation areas
Daycares Prohibit within
25 feet
Prohibit within 25
feet
Parks Permitted Prohibit
Public Places (e.g. farmer’s markets,
fairs)
Prohibit Prohibit including all
events
Key Changes
Regulation Current Proposed
Unenclosed Areas (continued)
Retail/service uses,service lines
(e.g. ATM)
Prohibit Prohibit
Retail/service uses,outdoor dining Prohibit Prohibit
Recommendation
Introduce an ordinance amending
Chapter 8.32 (Use of Tobacco and
Electronic Cigarettes) regarding smoking
and secondhand smoke
Second reading / adoption scheduled for
December 12, 2017
Effective January 12, 2018
ITEM NO. 11
1
Meeting Date: November 28, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Zach Tusinger, Planner II
Agenda Title: Approving the Local Hazard Mitigation Plan
RECOMMENDED ACTION: Adopt a Resolution approving the Local Hazard Mitigation Plan
(LHMP) and approving its submission to California Office of Emergency Services and FEMA.
BACKGROUND: As a result of the Disaster and Mitigation Act of 2000, FEMA requires that
state, tribal, and local governments develop and adopt hazard mitigation plans as a condition for
receiving certain types of non-emergency disaster assistance, including funding for mitigation
projects. Jurisdictions must update their hazard mitigation plans and re-submit them for FEMA
approval every five years to maintain eligibility. Adopting an LHMP also increases the
proportion of disaster repair costs that may be recoverable from the State under the California
Disaster Assistance Act. Under applicable law, following adoption by a local jurisdiction, the
Governor’s Office of Emergency Services (Cal OES) also reviews and approves a LHMP before
that LHMP is provided to FEMA for approval.
The City adopted an annex to the 2010 Association of Bay Area Governments (ABAG) Regional
Hazard Mitigation Plan as its LHMP in 2012. This regional plan expired as of March 2016,
causing the expiration of the LHMP Annexes adopted by the various local jurisdictions their
respective LHMPs. The template for the previous LHMP used in the 2010 Annex no longer
meets the minimum qualifications for FEMA approval, and could not be used going forward.
While portions of the expired 2010 Annex were of value, the planning process has resulted in an
entirely new LHMP for the City. In addition to increasing the City’s eligibility for grant funding,
the newly written LHMP may be incorporated into the Safety Element in a future General Plan
update. Adoption of this LHMP triggers a requirement to review the existing Safety Element
under Government Code section 62302(g)(4).
Other cities in the Bay Area are in various stages of developing and approving their own
LHMPs. Staff has also considered recently approved LHMPs of other jurisdictions, including
those of Windsor, Santa Rosa, and Sonoma County in preparing and writing the City’s proposed
LHMP
ANALYSIS: The term “hazard” is defined by FEMA as “any event or physical condition that
has the potential to cause fatalities, injuries, property damage, infrastructure damage, agricultural
losses, damage to the environment, interruption of business, or other types of harm or loss.
FEMA defines hazard mitigation as “any sustained action taken to reduce or eliminate long term
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 11
2
risk to human life and property from natural, human-caused, and technological hazards and their
effects.”
A LHMP should not be confused with emergency response or preparedness plans that are
focused on being ready and responding when a hazard or disaster event occurs and may include
such actions as providing emergency response, equipment, food, shelter, and medicine.
However, hazard mitigation and emergency preparedness go hand-in-hand and are part of the
City’s multi-pronged approach to minimizing personal injury and property damage from hazards
in residential and commercial areas. The LHMP compliments other planning documents
governing pre-disaster land use planning and post-disaster response and recovery.
Individual components of the LHMP provide information and resources to assist citizens and
City staff in comprehending the potential hazard related issues facing the City of Rohnert Park.
The structure of the LHMP is intended to enable users to quickly and easily access and
understand each section as necessary. The structure also allows the City of Rohnert Park to
assess and update sections with new and additional data as it becomes available. This is designed
to increase the ease of the updating process – resulting in a more practical and relevant plan.
Planning and Outreach Process
Meetings and events were held on the following dates:
• October 5, 2016 – Team Meeting: discussed LHMP process and team member roles;
began preparation of the public involvement campaign.
• October 20, 2016 – Team Meeting: reintroduced project with more team members,
refined plan for public engagement
• November 2, 2016 – Community Open House and Presentation: open house focused on
emergency preparedness followed by presentation and Q&A session about the LHMP.
• November 10, 2016 – Planning Commission: provided update to planning commissioners
on project and solicited their ideas and feedback
• November 16, 2016 – Team Meeting: recap of activities and steps to date, mapping
refinement, risk assessment and critical facilities inventory
• December 9, 2016 – Team Meeting: mapping updates and mitigation goal setting
• January 10, 2017 – Team Meeting: discussed further mitigation goals and activities,
discussed critical facilities and vulnerabilities
• January 31, 2017 – Team Meeting: draft mitigation measures and activities
• August 31, 2017 – Team Meeting: update on draft and current status of tasks,
preliminary discussions regarding further outreach
• September 14, 2017 – Team Meeting: review draft and updated completion timeline,
refine plans for public outreach
• September 20, 2017 – Community Open House and Presentation: present draft to public
• TBD, 2017 – Presentation to Sonoma County Area LHMP Task Force
• November 1, 2017 – Planning Commission
• November 28, 2017 – City Council
On September 20, 2017, the City made available the public review draft of the Rohnert Park
LHMP. The completed draft was released to the general public for review and comment for a
period of more than 30 days. Letters were sent to relevant stakeholders letting them know that
the draft was available and directing them to an electronic copy for their review and comment.
ITEM NO. 11
3
Physical copies of the document were placed at the public counter in Development Services, the
Department of Public Safety, and with the City Clerk. On the same day, the City held a
community meeting to present the general outcomes of the planning process, to discuss
mitigation goals and activities, to solicit additional feedback from members of the public, and to
describe the next steps in the plan approval and adoption process.
On November 1, 2017, staff presented the draft LHMP to the Planning Commission for review
and feedback. Comments from the Planning Commission included the suggestion to further
study hazardous materials in future iterations of the LHMP, and to more comprehensively map
the locations of senior housing, assisted living centers, preschools, and other similar facilities
that may merit additional consideration in assessing hazard vulnerabilities and mitigating risk
accordingly. Finally, the Commission expressed a desire for the City to better publicize and
educate the public about the City’s emergency plans and procedures.
This Draft LHMP
The City of Rohnert Park established LHMP mitigation priorities and goals as a component of
the planning process in order to guide the development of a thorough plan. The goals were
developed by the planning team and drawn from the previous LHMP and the City’s General
Plan. The mitigation goals and priorities for the LHMP are:
1. Implement the LHMP to increase Rohnert Park’s level of preparation for potential
disasters and to minimize the impacts associated with natural and man-made hazards.
2. Identify strategies and tools to facilitate community disaster and hazards awareness and
education.
3. Provide for the safety of Rohnert Park citizens by maintaining efficient, well-trained, and
adequately equipped City personnel.
4. Encourage a disaster-resistant City and surrounding area by reducing the potential for loss
of life, property damage, and environmental degradation from disasters and hazards.
5. Reduce the vulnerability of public and private facilities and infrastructure to the effects of
earthquakes, flooding, and drought.
6. Promote conditions and strategies that will accelerate the capacity for physical and
economic recovery from disasters and hazards.
The City’s hazard mitigation goals are intended to develop effective policy choices that protect
community members, property, infrastructure, and natural resources from hazards. These goals
shape the mitigation actions taken by the City and the community to reduce the risks from
natural disasters, and act as a checkpoint that City departments can use to check on and monitor
the progress of mitigation actions and implementation.
Hazards and Associated Mitigation Activities
FEMA guidance recommends that the Planning Team prioritize hazards using four individual
criteria. The four criteria are as follows:
• Probability: the likelihood of the hazard occurring in the future in the community
• Location: the size of the affected area in the community if the hazard occurs
• Maximum probable extent: the severity of the damage to the community from the hazard
• Secondary impacts: the severity of indirect damages to the community from the hazard
(e.g., the loss of water service a s a consequence of damage to infrastructure)
After going through this process (and subsequent reevaluation to account for the October 2017
fire event) the resultant priority hazards for the City are:
ITEM NO. 11
4
• Earthquake – Shaking (High)
• Drought (High)
• Wildfire/Wildland Urban Interface Fire (Medium)
• Flood (Medium)
Other secondary hazards deemed to be a lower risk to the City include: dam failure, fault rupture,
hazardous materials, landslide, and liquefaction. After identifying the hazards and the risks from
all of these hazards, the LHMP Team worked to identify the vulnerability of critical
infrastructure, community facilities, and the population at large from these hazards. Subsequent
to this, the next step was to develop mitigation activities to take to reduce or eliminate the long
term risks associated with the identified hazards.
In assessing possible mitigation activities, the following factors were considered by the LHMP
Planning Team:
• The frequency and severity of individual hazard types, and the vulnerability of the
community to these hazards
• The impacts reduced or avoided by the action
• The amount of benefits provided by the action
• The critical facilities benefited, including the number of facilities and their importance
• The environmental benefits of the action
Mitigation activities are discussed in more detail in the plan, but are short, medium, and long
term activities that would address and mitigate the threat from the identified hazards. Such
actions include further studies, retrofitting buildings, taking steps to limit the impacts of drought,
public outreach and education, investments in equipment and facility upgrades, and common
sense policy changes to develop and grow the City in a ‘smarter’ fashion.
As required as a condition of eligibility for federal funding under the Disaster Mitigation Act of
2000, the City will update this LHMP at least once every five years. The City Council is
responsible for adopting the LHMP. After the LHMP has been adopted by the City Council, the
Rohnert Park Department of Development Services will be responsible for transmitting the
adopted version to Cal OES and FEMA for their final approval and records.
October 2017 Fire Event and Subsequent Update
During the night of October 8-9, multiple offshore wind driven fires ignited across Napa and
Sonoma Counties. While no official cause has been determined at the time of this writing, sparks
from electrical lines in strong winds are considered the likely cause. Sonoma County experienced
the wettest winter on record in 2016-2017 (driving vegetation growth), and one of the hottest
summers on record in 2017 (drying out the same vegetation). These factors combined to create
conditions favorable for rapid fire growth. The City of Santa Rosa to the north experienced
significant devastation and loss of life in the Tubbs Fire due to the sudden and overwhelming
nature of the event. An offshoot of the Nuns/Adobe fires, centered in and around Sonoma Valley,
headed east over the hills, generally staying south of Crane Canyon Road during the early hours
of Monday October 9.
Staff has taken additional steps to incorporate wildfire and wildland urban interface fires into the
LHMP. Details about the October 2017 fire event were added to the hazard history section of the
LHMP. Additional mitigation actions pertaining to wildland fire have also been incorporated into
the LHMP. After a more thorough analysis of this fire event by Sonoma County, Cal OES,
ITEM NO. 11
5
FEMA, and the City of Rohnert Park, additional modifications and additions to this LHMP as
pertaining to wildfire hazard mitigation will be made.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None.
FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of approving this plan is
potentially broad. The City will be eligible for various state and federal grants that can be used to
accomplish mitigation goals within the LHMP. Additionally, having an approved plan in place
will help the City maintain maximum eligibility for funding in the event of a declared disaster.
Department Head Approval Date: 11/15/2017
City Attorney Approval Date: 11/14/2017
Finance Director Approval Date: NA
City Manager Approval Date: 11/15/2017
Attachments
1. City of Rohnert Park – Local Hazard Mitigation Plan 2017
RESOLUTION NO. 2017-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING THE 2017 LOCAL HAZARD MITIGATION PLAN
WHEREAS, Sonoma County is subject to various earthquake related hazards such as
ground shaking, liquefaction, land sliding, and fault surface rupturing; and
WHEREAS, Sonoma County is subject to various weather related natural hazards
including wildfires, floods, and droughts; and
WHEREAS, the City of Rohnert Park seeks to maintain and enhance both a disaster
resistant city and region by reducing the potential loss of life, property damage, and
environmental degradation from natural disasters while accelerating economic recovery from
those disasters; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 requires all cities, counties,
and special districts to adopt a Local Hazard Mitigation Plan (LHMP) to receive disaster
mitigation funding from FEMA and to update such LHMP every five years to maintain
eligibility; and
WHEREAS, the City’s previously adopted LHMP, the Association of Bay Area
Government’s report entitled Taming Natural Disasters, adopted in 2012 has now expired; and
WHEREAS, the City has undergone an extensive planning and outreach process, and
prepared the draft report entitled “City of Rohnert Park – 2017 Local Hazard Mitigation Plan”;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park adopts the City of Rohnert Park 2017 Local Hazard Mitigation Plan as its Local Hazard
Mitigation Plan.
DULY AND REGULARLY ADOPTED this 28th day of November, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
______________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Local Hazard Mitigation Plan
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
CITY OF ROHNERT PARK | 130 AVRAM AVE, ROHNERT PARK, CA 94928
City of Rohnert Park - 2017
Local Hazard Mitigation Plan
DRAFT
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 1
Table of Contents
Introduction ................................................................................................................................................................................................5
Purpose .....................................................................................................................................................................................................5
Compliance ...............................................................................................................................................................................................6
Mitigation Goals and Priorities ................................................................................................................................................................8
Planning Process ........................................................................................................................................................................................9
FEMA Element A: Planning Process .......................................................................................................................................................9
Scoping and Kick-Off ..............................................................................................................................................................................9
Schedule and Process .............................................................................................................................................................................10
Team Members .......................................................................................................................................................................................11
Public Outreach and Stakeholder Involvement Opportunities ...............................................................................................................12
Review of Existing Plans and Technical Information ............................................................................................................................13
Physical Setting and Community Profile ...............................................................................................................................................14
Physical Setting ......................................................................................................................................................................................15
Historic and Current Conditions ............................................................................................................................................................15
Community Profile .................................................................................................................................................................................15
Land Use ................................................................................................................................................................................................17
Downtown Development ........................................................................................................................................................................19
Housing Development ............................................................................................................................................................................20
Population Data ......................................................................................................................................................................................22
Economic Trends ....................................................................................................................................................................................25
Critical Facilities and Populations ..........................................................................................................................................................26
Hazard Identification, Analysis, and Assessment ................................................................................................................................35
FEMA Element B: Hazard Identification and Risk Assessment ............................................................................................................35
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 2
Hazard Prioritization ..............................................................................................................................................................................37
Primary Hazard Profiles .........................................................................................................................................................................39
Earthquake (Shaking).....................................................................................................................................................................41
Earthquake (Liquefaction) .............................................................................................................................................................41
Flooding (Local) ............................................................................................................................................................................45
Flooding (FEMA) ..........................................................................................................................................................................45
Drought ..........................................................................................................................................................................................53
Wildfire/Wildland-Urban Interface Fire ........................................................................................................................................58
Minor or Secondary Hazard Profiles ......................................................................................................................................................63
Hazardous Materials ......................................................................................................................................................................63
Landslide ........................................................................................................................................................................................64
Dam Inundation .............................................................................................................................................................................67
Earthquake Faulting .......................................................................................................................................................................68
Summary of Vulnerabilities ...................................................................................................................................................................70
Vulnerability Analysis ............................................................................................................................................................................71
Social Vulnerability Analysis .................................................................................................................................................................80
Mitigation and Adaptation Strategy ......................................................................................................................................................81
FEMA Element C: Mitigation Strategy .................................................................................................................................................81
Mitigation Goals .....................................................................................................................................................................................82
Mitigation Activities ..............................................................................................................................................................................86
Capabilities Assessment .......................................................................................................................................................................101
Plan Maintenance and Adoption Process ............................................................................................................................................107
FEMA Element D: Plan Review, Evaluation, and Implementation .....................................................................................................107
Coordinating Group ..............................................................................................................................................................................107
Plan Update Process .............................................................................................................................................................................108
Adoption and Implementation Process ................................................................................................................................................108
Technical Appendices and Documents ................................................................................................................................................110
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 3
List of Tables
Table 2.1: Potential Housing Growth by Development Area ....................................................................................................................21
Table 2.2: Population and Housing Data Comparison...............................................................................................................................22
Table 2.3: Race and Ethnicity Data Comparison .......................................................................................................................................23
Table 3.1: Critical Facilities .......................................................................................................................................................................26
Table 3.2: Parks, Recreation Facilities, and Open Space ..........................................................................................................................28
Table 3.3: Infrastructure.............................................................................................................................................................................29
Table 3.5: Vulnerable Populations .............................................................................................................................................................33
Table 3.4: Evaluated Hazards ....................................................................................................................................................................36
Table 3.5: Hazard Criteria Ranking Scores and Weighing Factors ...........................................................................................................37
Table 3.6: Scores and Threat Levels for Included Hazards .......................................................................................................................38
Table 4.1: Vulnerability Analysis ..............................................................................................................................................................71
Table 4.2: Infrastructure Vulnerability and Exposure ...............................................................................................................................77
Table 4.3: Community-Wide Social Vulnerability Metrics .......................................................................................................................80
Table 5.1: STAPLE/E Criteria ...................................................................................................................................................................84
Table 5.2: Mitigation Actions ....................................................................................................................................................................86
Table 5.3: Available Resources ...............................................................................................................................................................100
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 4
APPENDICES
Appendix A – Acronyms, Abbreviations, and Glossary
Appendix B – Planning Process Documents
Appendix C – Mapping
Appendix D – 2010 ABAG Annex
Appendix E – Supplemental Materials
Appendix F – Plan Review
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 5
INTRODUCTION
Purpose
No one is free of natural hazards which may vary across landscapes and time. With
Natural hazards comes disasters that can cause loss of life, and damage to our built
environment resulting in depletion of the community’s economic, social, and
environmental well-being. Resiliency and adaptation is crucial, because a
community must have sustained ability to use available resources to respond to,
withstand and recover from adverse situations. It is the responsibility of the City to
protect the health, safety, and welfare of our residents. This LHMP sets in stone the
community’s activities that address preparedness, response, recovery and
mitigation.
The City of Rohnert Park Local Hazard Mitigation Plan:
• Meets the requirements of federal assistance grant programs, including FEMA’s Hazard Mitigation Grant Program (HMGP)
and Pre-Disaster Mitigation (PMD) funding.
• Works in conjunction with other plans, including the City’s General Plan and the City’s Emergency Management Plan.
• Establishes a basis for coordination and collaboration among community entities such as private and public agencies, key
stakeholders, and residents to provide for the fullest amount of transparency.
• Identifies and prioritizes future mitigation projects.
The term “Hazard” is defined by FEMA as “any event or physical condition that has the potential to cause fatalities, injuries, property
damage, infrastructure damage, agricultural losses, damage to the environment, interruption of business, or other types of harm or loss.
Hazard Mitigation is defined as “any sustained action taken to reduce or eliminate long term risk to human life and property from
natural, human-caused, and technological hazards and their effects.”
A hazard mitigation plan should not be confused with emergency response or preparedness plans that are focused on being ready
and responding when a hazard or disaster event occurs and may include such actions as providing emergency response, equipment,
food, shelter, and medicine. However, hazard mitigation and emergency preparedness go hand-in-hand and are part of the City’s
multi-pronged approach to minimizing personal injury and property damage from Hazards in the residential and commercial areas. It
compliments other planning documents and regulatory authorities governing pre-disaster land use planning and post-disaster response
and recovery.
Figure 1.1: Sonoma County flooding
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Compliance
FEMA Regulations
The Federal Emergency Management Agency’s (FEMA) mission:
“to support our citizens and first responders to ensure that as a nation we work
together to build, sustain and improve our capability to prepare for, protect against,
respond to, recover from and mitigate all hazards.”
Hazard mitigation planning is directed by the Robert T. Stafford Disaster and Relief and
Emergency Assistance Act (Stafford Act), as amended by the Disaster Mitigation Act of
2000 (DMA 2000). DMA 2000 amended the Stafford Act to require state, local, and tribal
governments to develop and submit to FEMA a mitigation plan that outlines processes for
identifying the natural hazards, risks, and vulnerabilities of the jurisdiction. Plan approval
by FEMA is a prerequisite to receiving federal hazard mitigation grant funds (see 42 USC
Section 5165(a)).
To implement the mitigation planning requirements of the Stafford Act, FEMA
promulgated 44 Code of Federal Regulations (CFR) Part 201, the federal regulations
governing the planning process, plan content, and the process for obtaining approval of the
plan from FEMA. The planning requirements set forth in the CFR, including plan revision
requirements, are identified through the FEMA Regulation Checklist in the Local
Mitigation Plan Review Tool. Local Mitigation Plans must be updated once every five years in order to continue to be eligible for
FEMA hazard mitigation project grant funding. Specifically, 44 CFR 201.6(d)(3) reads:
A local jurisdiction must review and revise its plan to reflect changes in development, progress in local mitigation efforts, and
changes in priorities, and resubmit it for approval within (5) years in order to be eligible for mitigation project grand funding.
For FEMA approval, all Elements including sub-element must be met with current information. The Rohnert Park Local Hazard
Mitigation Plan (LHMP) complies with the DMA 2000, Federal Register 44 CFR Parts 201 and 206, Section 322, Mitigation
Planning. This law, as of November 1, 2004, requires local governments to develop and submit hazard mitigation plans as a condition
of receiving Hazard Mitigation Grant Program (HMGP) and other mitigation project grants.
Figure 1.2: LHMP Handbook
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State of California
In addition to the requirements listed above, the State of California has also enacted revisions to California Government Code Sections
8685.9 and 65302.6 (commonly known as Assembly Bill [AB] 2140 [Chaptered 2006]) which addresses the requirements to have a
local hazard mitigation plan. Excerpts of these government code sections are included below.
California Government Code Section 8685.9:
Notwithstanding any other provision of law, including Section 8686, for any eligible project, the state share shall not exceed 75
percent of total state eligible costs unless the local agency is located within a city, county, or city and county that has adopted a local
hazard mitigation plan in accordance with the federal Disaster Mitigation Act of 2000 (P.L. 106-390) as part of the safety element of
its general plan adopted pursuant to subdivision (g) of Section 65302. In that situation, the legislature may provide for a state share of
local costs that exceeds 75 percent of total state eligible costs.
California Government Code Section 65302.6:
(a) A city, county, or a city and county may adopt with its safety element pursuant to subdivision
(g) of Section 65302 a local hazard mitigation plan (HMP) specified in the federal Disaster
Mitigation Act of 2000 (Public Law 106-390). The hazard mitigation plan shall include all of the following elements called for
in the federal act requirements:
(1) An initial earthquake performance evaluation of public facilities that provide essential services, shelter, and critical
governmental functions.
(2) An inventory of private facilities that are potentially hazardous, including, but not limited to, multiunit, soft story, concrete
tilt-up, and concrete frame buildings.
(3) A plan to reduce the potential risk from private and governmental facilities in the event of a disaster.
(b) Local jurisdictions that have not adopted a local hazard mitigation plan shall be given preference by the Office of Emergency
Services in recommending actions to be funded from the Pre-Disaster
Mitigation Program, the Hazard Mitigation Grant Program, and the Flood Mitigation Assistance
Program to assist the local jurisdiction in developing and adopting a local hazard mitigation plan, subject to available funding from
the Federal Emergency Management Agency.
This LHMP includes the information required by California Government Code Sections 8685.9 and 65302.6.
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Plan Use
Individual components of the LHMP provide information and resources to assist citizens and city staff in comprehending the potential
hazard related issues facing the City of Rohnert Park. The structure of the plan is intended to enable users to quickly and easily access
and understand each section as necessary. The structure allows the City of Rohnert Park to assess and update sections with new and
additional data as it becomes available. This is designed to increase the ease of the updating process – resulting in a more practical and
relevant plan.
Mitigation Goals and Priorities
The City of Rohnert Park established LHMP mitigation priorities and goals as a component of the planning process in order to guide
the development of a thorough plan. The goals were developed by the planning team and drawn from the previous LHMP and the
City’s General Plan. The mitigation goals and priorities for the LHMP are:
1. Implement the Local Hazard Mitigation Plan to increase Rohnert Park’s
level of preparation for potential disasters and to minimize the impacts
associated with natural and man-made hazards.
2. Identify strategies and tools to facilitate community disaster and hazards
awareness and education.
3. Provide for the safety of Rohnert Park citizens by maintaining efficient, well-
trained, and adequately equipped City personnel.
4. Encourage a disaster-resistant City and surrounding area by reducing the
potential for loss of life, property damage, and environmental degradation from
disasters and hazards.
5. Reduce the vulnerability of public and private facilities and infrastructure to
the effects of earthquakes, flooding, and drought.
6. Promote conditions and strategies that will accelerate the capacity for
physical and economic recovery from disasters and hazards.
Figure 1.3: Mitigation Cycle
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PLANNING PROCESS
The Rohnert Park LHMP Planning process was defined from the get-go by the community and its needs. Bringing together local
officials, stakeholders and the public in a community-driven planning process to develop the plan also helps build the community’s
overall hazard mitigation program. The LHMP is the written record, or documentation, of the planning process. This is why some of
the plan requirements ask for a “discussion” or “description” of generally what must be documented in the plan, rather than specify
exactly how it must be done. Element A dictates the requirements for what should be included in the Planning Process.
FEMA Element A: Planning Process
• A1. Does the Plan document the planning process, including how it was prepared and who was involved in the process for each
jurisdiction? 44 CFR 201.6(c)(1)
• A2. Does the Plan document an opportunity for neighboring communities, local and regional agencies involved in hazard
mitigation activities, agencies that have the authority to regulate development as well as other interests to be involved in the
planning process? 44 CFR 201.6(b)(2)
• A3. Does the Plan document how the public was involved in the planning process during the drafting stage? 44 CFR 201.6(b)(1)
and 201.6(c)(1)
• A4. Does the Plan document the review and incorporation of existing plans, studies, reports, and technical information? 44 CFR
201.6(b)(3)
• A5. Is there discussion on how the community(ies) will continue public participation in the plan maintenance process? 44 CFR
201.6(c)(4)(iii)
• A6. Is there a description of the method and schedule for keeping the plan current (monitoring, evaluating and updating the
mitigation plan within a 5‐year cycle)? 44 CFR 201.6(c)(4)(i)
Scoping and Kick-Off
Planning for the City of Rohnert Park’s Local Hazard Mitigation Plan can be traced back to the Summer of 2016 when the City
became aware that the 2010 Association of Bay Area Governments and accompanying Rohnert Park specific annex had expired. A
review of available literature including FEMA and State guides was commenced. The team initially assembled in late September with
an official initial kick-off meeting held on October 5, 2016. The team was primarily composed of City staff, specifically members of
the Development Services Department. Additional team members from the Administrative Unit, Public Works, and Public Safety
were also included. An ambitious scope of work was developed. While the general outline of the scope was followed in the
preparation and completion of the plan, the overall timeline did get extended.
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Schedule and Process
Meetings and events were held on the following dates:
• October 5, 2016 – Team Meeting: discussed
LHMP process and team member roles; began
preparation of the public involvement campaign.
• October 20, 2016 – Team Meeting: reintroduced
project with more team members, refined plan
for public engagement
• November 2, 2016 – Community Open House
and Presentation: open house focused on
emergency preparedness followed by
presentation and Q&A session about the LHMP.
• November 10, 2016 – Planning Commission:
provided update to planning commissioners on
project and solicited their ideas and feedback
• November 16, 2016 – Team Meeting: recap of activities and steps to date, mapping refinement, risk assessment and critical
facilities inventory
• December 9, 2016 – Team Meeting: mapping updates and mitigation goal setting exercise
• January 10, 2017 – Team Meeting: discussed further mitigation goals and activities, discussed critical facilities and
vulnerabilities
• January 31, 2017 – Team Meeting: draft mitigation measures and activities
• August 31, 2017 – Team Meeting: update on draft and current status of tasks, preliminary discussions regarding further
outreach
• September 14, 2017 – Team Meeting: review draft and updated completion timeline, refine plans for public outreach
• September 20, 2017 – Community Open House and Presentation: present draft to public during open house
• TBD, 2017 – Presentation to Sonoma County Area LHMP Task Force
• November 1, 2017 – Planning Commission
• November 28, 2017 – City Council
Figure 1.4: November 2016 Community Open House
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Team Members
The planning team for the LHMP was made of various city staff members representing a cross-section of relevant departments within
the City of Rohnert Park. Team members brought a variety of strengths and backgrounds to the group.
• Mary Grace Pawson, Director of Development Services – Provided overall guidance and supervision for the team and project.
• Jeff Beiswenger, Planning Manager, Development Services – Served as the primary point person in terms of Planning
Documents.
• Zach Tusinger, Planner II, Development Services – Overall
project manager, responsible for coordination, plan assembly,
and drafting.
• Jay Bradford, Building Official, Development Services –
Technical advisor regarding building standards and assessment
of city facilities.
• Caitlin Saldanha, Deputy City Clerk – Administration liaison.
Responsible for community outreach coordination.
• Marc Bautista, Environmental Coordinator (until March 2017) –
Contributed information regarding flooding and infrastructure.
• Nick Bennett, Environmental Coordinator (from August 2017) –
Provided supplemental information regarding flooding.
• Jim Thompson, Fire Marshal – Served as Public Safety liaison
and provided technical expertise regarding preparedness and
hazards.
• Jahfer Aguirre, GIS Analyst – Synthesized data and prepared
maps and exhibits for outreach events, analysis, and the plan
itself.
• Bonnie Betts, Planning Intern, Development Services – Created the plan template, and contributed to plan and appendices
preparation.
Figure 1.5: Rohnert Park City Hall
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Public Outreach and Stakeholder Involvement Opportunities
Multiple opportunities for public participation and stakeholder input
were offered throughout the planning, drafting, and approval processes.
The planning team held an event at the Rohnert Park-Cotati Library on
the evening of November 2, 2016. This was an opportunity for the
team to present some of its initial findings and ideas (as well as draft
components of the plan – primarily maps) to citizens and other
interested stakeholders. The team felt like this was a great opportunity
to invite other relevant departments and agencies to be available with
information and materials.
The first thirty minutes of the event were geared as an open house with
various booths, many focused on safety, emergency preparedness, and
resiliency. Booths were run by Sonoma-Marin Area Rapid Transit
(SMART), The Fire & Emergency Services Department of Sonoma
County -- Sonoma County
Alerts (SoCo Alerts), the
Rohnert Park Pet Shelter, the
American Red Cross, The Rohnert Park Department of Public Safety, and The Rohnert
Park Department of Public Works (to share information about their sandbagging program).
The remaining hour of the event was reserved for a presentation by the planning team as
well as a question and answer session, were community members provided initial
feedback and reactions to the planning process. A copy of the PowerPoint, advertising
materials, and handout are included in the Appendix. Much time was spent at the meeting
discussing the differences between emergency preparedness and response, and mitigation
Earthquakes were a primary concern of the residents who attended. The memory of the
2014 Napa earthquake was still fresh in everyone’s minds, and while there was not any
significant damage in Rohnert Park from that earthquake, the shaking was felt within the
City.
Figure 1.6: Community Meeting Flyer
Figure 1.7: Resiliency Concept
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Public Review Draft
On September 20, 2017, the City of Rohnert Park made available the public review draft of the Rohnert Park LHMP. The completed
draft was released to the general public for review and comment for a period of more than 30 days. Letters were sent to relevant
stakeholders and area agencies letting them know that the draft was available and directing them to an electronic copy for their review
and comment. Physical copies of the document were placed at the public counter in Development Services, with the Department of
Public Safety, and with the City Clerk.
On the same day, the City held a community meeting to present the general outcomes of the planning process, to discuss mitigation
goals and activities, to solicit additional feedback from members of the public, and to describe the next steps in the plan approval and
adoption process.
Review of Existing Plans and Technical Information
Taming Natural Hazards – Association of Bay Area Governments (ABAG) Multi-
Jurisdictional Local Hazard Mitigation Plan for the San Francisco Bay Area 2010
City of Rohnert Park - Annex to 2010 ABAG Plan
City of Rohnert Park Emergency Management Plan 2012
City of Rohnert Park General Plan 2020, 8th Edition
Sonoma County Hazard Mitigation Plan 2016
Figure 1.8: Emergency Management Plan
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PHYSICAL SETTING & COMMUNITY PROFILE
Physical Setting
Rohnert Park is located in central Sonoma County along US 101. It is the county’s third
largest city. The Pacific Ocean to the west with its cool marine air, and the warm Sonoma
Valley to the east combine to create a mild climate. Rohnert Park lies within the Cotati
Valley, with coastal hills to the west and the Sonoma Mountains to the east. Sonoma State
University sits just outside Rohnert Park’s eastern boundary. Rohnert Park is comprised of
approximately 6.9 square miles and with an elevation of 105 feet above sea level. The
City has a population of about 40,971 people, based on 2010 census information.
Rohnert Park was founded as a master-planned community on the former site of the
Rohnert Park Seed Farm. Thoughtfully designed for families, bikeways, and walkways
connect its tree-lined boulevards. Several creeks run into the city from the eastern
ridgeline. The city is surrounded by farms and grazing land.
Rohnert Park is located in the Santa Rosa-Petaluma Valley where the underlying geologic
structure is characterized by sediments deposited by streams on floodplains, alluvial deposits, and basins. Overall, general geologic
conditions, slopes, and soils do not vary significantly from one part of the city to another.
There are no known active faults within Rohnert Park. The Healdsburg-
Rodgers Creek fault zone lies approximately 5 miles to the east of the city.
The San Andreas Fault System is located approximately 15 miles west of
the city. Secondary seismic hazards that could affect Rohnert Park include
ground-shaking, liquefaction, and ground settlement.
Elevations range between 230 feet above mean sea level northeast of the
city to 90 feet above mean sea level on the western boundary of the city.
Given the relatively flat topography and the nature of soils, there is little
risk of mudslides, landslides, or erosion in the immediate Rohnert Park
area. Soil liquefaction has the potential to impact the Rohnert Park area
during a seismic event. Soils underlying almost the entire area within the
city exhibit moderate susceptibility to liquefaction (City of Rohnert Park
Emergency Management Plan 2012).
Figure 2.1: Rohnert Park Location
Figure 2.2: Rohnert Park US 101 Sign
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Community Profile
When gathering data regarding the community profile of Rohnert Park, staff looked towards the 2016 Rohnert Park Local Economic
Profile. This document was published by The Sonoma County Economic Development Board (EDB), in partnership with the Sonoma
County Workforce Investment Board (WIB), the City of Rohnert Park, and the Rohnert Park Chamber of Commerce. This document
offers projections through 2020 that is useful when looking at economic, and social trends.
Historical Context
Beginning in the fall of 1954 a plan for a new town
north of Cotati in Sonoma County was beginning to
emerge. The core of the plan was the "Neighborhood
Unit" concept. The plan was a modification of
Pennsylvania's Levittown. It provided that each
neighborhood would consist of 200-250 homes centered
on a 10-acre school site and 5 -acre pool-park site. No
child would have to walk more than 1/3 of a mile to
school; the school would be the nucleus of a cohesive
community. The commercial and industrial development
would be large enough and diverse enough to support
the entire community. Eight such subdivisions would
constitute a city of 30,000 people. With planned pools,
parks, and service the city would be a "country club for
the working class".
On August 28, 1962, Rohnert Park was officially
incorporated: 1,325 acres, housing an estimated 2,775
persons. It was the fourth largest city in Sonoma County
and the first town to incorporate since 1905.
Since 1962, Rohnert Park has grown incrementally into a town of over 40,000 people across numerous neighborhood sections (see
Figure 2.4). Today, Rohnert Park is also the home for Sonoma State University, and is the gateway for Graton Resort & Casino.
Figure 2.3: Rohnert Park Aerial Circa 1960s.
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Figure 2.4: Rohnert Park Neighborhood Section Map
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Existing Land Use and General Plan
Existing land use information was taken from the Rohnert Park
General Plan. Specific Details came from the Land Use Element,
Specific Plans, and the adopted Zoning Map. The documents
used to implement the General Plan are the zoning code
inclusive of the various specific plans.
The Rohnert Park General Plan is a document required by State
law and adopted by the City Council that is a comprehensive,
long-term plan for the physical development and growth of the
city. It is the city's "constitution" for development; the
framework within which decisions on how to grow, provide
public services and facilities and protect and enhance the
environment are made.
The land use framework of the General Plan is embodied in the
General Plan Diagram, a graphic representation of the themes
and policies in the Plan. The General Plan Diagram designates
the proposed general location, distribution, and extent of land
use throughout the City.
The Planning Division is responsible for regularly updating the
City's General Plan Housing Element. The purpose of the
Housing Element is to make adequate provisions for the existing
and projected housing needs of all economic segments of the
community and to determine how the city will meet its fair share
of regional housing needs. The California Department of
Housing and Community Development has found that the most
recent update, adopted by the City Council in November of
2014, is in full compliance with State Housing Element Law. Figure 2.5: Rohnert Park General Plan Map
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Specific Plan and Other Areas
Specific Plans
A Specific Plan is a tool for the systematic implementation of the
General Plan. It effectively establishes a link between implementing
policies of the General plan and the individual development proposals in
a defined area. A Specific Plan may be as general as setting forth broad
policy concepts, or as detailed as providing direction to every facet of
development from the type, location and intensity of uses to the design
and capacity of infrastructure, from the resources used to finance public
improvements to the design guidelines of a subdivision.
Planned Development
The Planned Development (P-D) zoning district is intended to
accommodate a wide range of residential, commercial and industrial land
uses, which are mutually-supportive and compatible with existing and
proposed development on surrounding properties. P-D zoning districts
shall encourage the use of flexible development standards designed to
appropriately integrate a project into its natural and/or man-made setting
and shall typically be intended for projects that provide for a mix of land
uses to serve identified community needs. Furthermore, the P-D zoning
process may be used to implement the various specific plans adopted by
the city. Once established, the P-D zoning district becomes, in effect the
zoning for the area within its respective boundaries.
Priority Development Area Plan
Priority Development Areas, known as PDAs, are areas within existing
communities that city or county governments have identified and
approved for future growth. PDAs are accessible by one or more transit
services and are often located near established job centers and shopping
districts. Figure 2.6: Rohnert Park Development Areas
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Downtown Development Trends – Priority Development Area Plan
Creating a Vision for Central
Rohnert Park, in March 2016, the
City Council adopted the Central
Rohnert Park, Priority
Development Area Plan, along with
related General Plan and Zoning
Ordinance Updates. The plan covers
an approximately 330-acre
developed area of the city, roughly
centered along Rohnert Park
Expressway and State Farm Drive.
The plan features the creation of a
new Downtown District – approximately 50 acres in size, to create a hub of
activity within Central Rohnert Park. The downtown is envisioned to include a
vibrant mix retail, office and residential uses, centered at the intersection of
Rohnert Park Expressway and State Farm Drive. A key destination in
downtown will be the new train platform for the SMART train, which recently
completed testing and has entered full revenue service.
In addition to the new Downtown, the Central Priority Development Area Plan
will help incentive the construction of the following development over the next
20 or so years: over 800 residential units (concentrated within the one-half mile
radius of the SMART rail station); up to 450,000 square feet of retail and
services; up to 200,000 square feet of new office facilities; up to 60,000 square
feet of public buildings; up to 130,000 square feet of light industrial uses; and
8.5 acres of public parks and a comprehensive network of bicycle and walking
pathways.
Figure 2.8: New Construction
Figure 2.7: Central Rohnert Park PDA
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Housing Development
Over the last five years (2012-2016) a total of 1,753 new housing
units have received final discretionary approvals. The bulk of these
are planned to be constructed in the University District. Over that
same period 506 units were included in Final Map approvals. The
number of building permits approved over the last five years for
new housing totals 464. The bulk of those permits have been issued
in either the Stadium Lands area or the University District.
Building Permits for model homes in Southeast Rohnert Park are
expected to begin being issued before the end of 2017. Additional
multi-family developments have been approved on both sides of
Highway 101.
Figure 2.10: New Housing in the University District Figure 2.9: Recent Housing Development
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Potential Housing Growth
Table 2.1: Potential Housing Growth by Development Area
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Population Data
2010 2015
Total Population 40,971 41,651
Male 19,793 19,221
Female 20,728 22,430
Total Housing Units 16,000 16,424
Median Household Income $51,942 $58,719
Median House Value $300,000 $511,000
Source all: Bay Area Census 2010, ACS 2015, & 2016 Rohnert Park: Local Economic Profile
When looking at potential population growth and change as we move
closer to the year 2020, the population bracket of 65 and older is expected
to increase the greatest amount by 2020. While more people are moving
into the age of retirement this is creating a decrease in individuals 10-24
and 45-64 between 2015 and 2020.
Table 2.2: Population and Housing Data Comparison
Figure 2.11: Population Comparison
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Race and Ethnicity Data
Race and Ethnicity Population
(2010)
Percentage of Population
(2010)
Population
(2015)
Percentage of Population
(2015)
White 31,178 76.1% 31,065 74.6%
Black or African American 759 1.9% 916 2.2%
American Indian and Alaska
Native
407 1.0% 261 0.6%
Asian 2,144 5.2% 2,658 6.4%
Native Hawaiian and Other
Pacific Islander
179 0.4% 147 0.4%
Other Race 3,967 9.7% 4.022 9.7%
Two or More Races 2,337 5.7% 2,582 6.2%
Hispanic or Latino (of any race) 9,068 22.1% 10,035 24.1%
Source: Bay Area Census 2010, United States Census 2010, American Community Survey, 2015
According to the Sonoma
County’s 2016 Rohnet Park
Local Economic Profile as the
community moves closer to the
year 2020, a new trend
developing is the increase of
the hispanic population within
the City of Rohnert Park.
Between 2010 and 2020 there
is predicted to be a 4
percentage point increase.
Table 2.3: Race and Ethnicity Data Comparison
Figure 2.12: Race and Ethnicity Data Comparison
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Educational Attainment
The information and pie chart below are obtained from the 2016
Rohnert Park Local Economic Profile. In 2015 the population
of those 25 and older, 23% of residents had obtained a High
School Diploma. This is higher than Sonoma County in the
same year with 20% of residents obtaining diplomas. The
category of Some College, consisting of individuals who have
taken college courses but who have never received their degree.
In 2015, about 18% of residents had obtained a Bachelor’s
Degree and around 7% had received a Graduate or Professional
Degree.
Figure 2.13: Educational Attainment
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Economic Trends & Employment
Rohnert Park is located in Sonoma County which is a world destination for tourism. A local Economic Profile of Rohnert Park
completed by the City and Sonoma County in 2016 illustrates how the diverse economy and economic growth in the larger Bay Area
has impacted Rohnert Park.
Rohnert Park’s seasonally unadjusted unemployment rate was 4.5% in June 2015, higher than Sonoma County (4.3%) for the same
month. Compared to June of the previous year, Rohnert Park’s unemployment rate is down 1.2 points from 5.7%. Unemployment
remains significantly lower in Rohnert Park compared to its peak of 11% in March of 2010. Rohnert Park’s unemployment rate is
below the state (6.2%), as well as the nation (5.5%).
Total employment in Rohnert Park was 22,100 in June 2015,
which is up 2.3% from a year earlier. Although it is
following an increasing trend, we are noticing a pattern of
seasonal employment spikes in the numbers, and
employment in Rohnert Park has not regained its maximum
from 2008. The total number of business establishments in
2015 in Rohnert Park is 1,555. Sonoma County has about
25,800 business establishments.
About 52% of Rohnert Park’s employed population is in the
category of Services, which includes education, health care,
tourism and legal services. The second largest sector is
Retail Trade. This is very similar to the county average,
though there is a higher prevalence of Services and Retail
Trade in Rohnert Park, while the county has higher
percentages of agriculture and manufacture. Rohnert Park
also supports Sonoma State University (SSU). The campus is
214 acre that supports 7,000 full time equivalent (FTE)
students and 1,200 employees, making it one of the largest
employers in the area. In the future SSU looks to extend its
capacity to support up to 10,000 FTE students.
Figure 2.14: Rohnert Park Unemployment
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Critical Facilities and Populations
The LHMP Team identified a number of critical facilities for study and incorporation into the hazard vulnerability and risk analysis.
Because of the confidential nature of some facilities (like water pumps), they are not included in the table below. Damage to these
facilities has the potential to impact the quality of life of residents and to impair the response and recovery from disaster events.
In addition to City-owned properties, several other facilities that provide important services to the city were included. These include,
medical facilities, schools, and mobile home parks.
Table 3.1: Facility Address Facility Type
City Properties
City Hall 130 Avram Avenue Government Center
Corporation Yard (Public Works) 600 Enterprise Drive Public Works
Senior Center 6800 Hunter Drive Community
Community Center 5401 Snyder Lane Community
Burton Avenue Recreation Center 7421 Burton Avenue Community
Spreckels Performing Arts Center 5409 Snyder Lane Community
Callinan Recreation Center 5405 Snyder Lane Community
Animal Shelter 301 J Rogers Lane Community
Pump Facility 201 J Rogers Lane Public Works
Public Safety Facility (Main) 500 City Center Drive Government Center
Fire Station 2 (North) 5200 Country Club Drive Fire
Fire Station 3 (West) (Future) 5870 Labath Avenue Fire
Fire Station 4 (South) 1312 Maurice Avenue Fire
State Farm Expressway Landscaping State Farm Expressway Public Works
Enterprise Avenue Landscaping Enterprise Avenue Public Works
Water Tanks Various Locations Public Works
Parks
Alicia Park 300 Arlen Drive Park
Benicia Park 7471 Bernice Avenue Pool
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Table 3.1: Facility Address Facility Type
Benicia Pool 7421 Burton Avenue Park
Caterpillar Park 7430 Circle Drive Park
Colegio Vista 1200 Southwest Boulevard Park
Dorotea Park 895 Santa Dorotea Park Park
Eagle Park 1115 Emily Avenue Park
Gold Ridge Park 1455 Golf Course Drive Park
Golis Park 1450 Golf Course Drive Park
Honeybee Park 1170 Golf Course Drive Park
Honeybee Pool 1170 Golf Course Drive Pool
Ladybug Park 8517 Liman Way Park
Magnolia Park 1401 Middlebrook Park
Magnolia Pool 1501 Middlebrook Way Pool
Oak Grove Park (Future) Keiser Avenue Park
Rainbow Park 1345 Rosana Way Park
Sunrise Park 5201 Snyder Lane Park
Twin Creeks Park Kerry Road Park
Willow Glen Park (Future) Bodway Parkway Park
Robert's Lake 5010 Robert's Lake Road Park
Rohnert Bark (Dog Park) 5010 Robert's Lake Road Park
Field of Friends (Dog Park) 7471 Bernice Avenue Park
Creekside Multi-Use Paths N/A Multi-Use Paths
Municipal Golf Course (North) 100 Golf Course Drive Park
Municipal Golf Course (South) 100 Golf Course Drive Park
Non-City Facilities
California Highway Patrol 6100 Labath Avenue State
SMART Station N/A (Rohnert Park Expressway) Transportation
Sutter Pacific 1400 Medical Center Drive Medical
Kaiser Permanente 5900 State Farm Drive Medical
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Table 3.1: Facility Address Facility Type
Rohnert Park Cancer Center 301 Professional Center Drive Medical
Schools
Marguerite Hahn Elementary 825 Hudis Street School
Evergreen Elementary 1125 Emily Avenue School
Technology Middle School 7165 Burton Avenue School
Rancho Cotate High School 5450 Snyder Lane School
Monte Vista Elementary 1400 Magnolia Avenue School
Lawrence E. Jones Middle School 5154 Snyder Lane School
Richard Crane Elementary 1290 Southwest Boulevard School
John Reed Elementary 390 Arlen Drive School
Waldo Rohnert Elementary 550 Bonnie Avenue School
Technology High School 1801 East Cotati Avenue School
La Fiesta Elementary 8511 Liman Way School
Sonoma State University 1801 East Cotati Avenue University
Credo High School 1300 Valley House Drive School
Mobile Home/RV Parks
Rancho Verde 650 Rohnert Park Expressway Mobile Home Park
Rancho Grande 5099 Snyder Lane Mobile Home Park
Rancho Feliz 6607 Redwood Drive Mobile Home Park
Valley Village 6401 Country Club Drive Mobile Home Park
Las Casitas 7545 Bridget Drive Mobile Home Park
Wine Country RV Park 7450 Cristobal Way RV Park
Table 3.2: Parks, Recreation Facilities, and Open Space Acres Total per 1,000 residents
Neighborhood, Community, and Mini-Parks 116 2.9
Golf Courses 310 7.8
Other Recreational Facilities 47.5 1.1
TOTAL 473.5 10.9
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Table 3.3: Infrastructure
Roads 130 miles
Rail 4 miles
Bridges and Overpasses 20 (total)
Other Infrastructure
The City of Rohnert Park has the typical types of buildings, water and power systems of a community that experienced the majority of
its growth between 1980 and 1999. A brief description follows:
Buildings – Rohnert Park does not have a historic central business district. The majority of the city’s structures are single-family, one-
story homes built from wood built after 1960. Rohnert Park has no unreinforced masonry buildings. A, B, and C Sections of the city
are most at risk because they are the oldest; A Section being built between 1958-1962, B Section from 1963-1965, and C Section from
1977-1980.
Water – The City of Rohnert Park currently derives its drinking-water supply from a well field consisting of 42 municipal supply
wells, 31 of which were active in 1999; and eight active connections to the Sonoma County Water Agency (SCWA) Petaluma
Aqueduct, which supplies water from the Russian River. The Sonoma County Water Agency operates and maintains a water
transmission system authorized by the Agreement for Water Supply and Construction of Russian River-Cotati Intertie Project. Parties
to the Agreement are the Agency and eight public entities, including Rohnert Park. The total amount of water pumped from the 31
operational wells in 1999 was approximately 1.5 billion gallons. Agricultural users in the vicinity of Rohnert Park use a combination
of private well water and reclaimed water for irrigation. Canon Manor residences use both shared and individual wells as their water
supply.
Sewer – All development within the 1999 City limits was connected to sewer service as of 1999. The City also provides sewer service
to the Sonoma State University (SSU) campus, located east of the 1999 City limits. Residential development in Canon Manor, located
outside the 1999 City limits but within its sphere of influence, is served by septic systems, not City sewers. Sewer mains collect
wastewater and transport it to the Rohnert Park Pumping Station. As of 1999, the wastewater mains were adequate in size to serve the
area within the 1999 City limits. A 24-inch interceptor sewer main extends westward from the pumping station to the treatment plant.
Power – The only significant generating plant in the County is the Geysers Project. The largest geothermal plant in the world, the
Geysers produces 25% of Sonoma County’s non-hydro green electricity.
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Evacuation Routes
US Highway 101 is the primary evacuation route from Rohnert Park. The highway is primarily a north-south route. Other evacuation
routes include Petaluma Hill Road on the east side of town, Stony Point Road on the west side of town, Crane Creek Road, leading to
Bennett Valley on the east, and Highway 116 leading west (via Cotati) towards Sebastopol.
Figure 3.1: Map of Rohnert Park Transportation
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Figure 3.2: Critical Facilities
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Figure 3.3: Vulnerable Populations
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Table 3.4: Vulnerable Populations
Child Care and Special Programs Residential Care
Khela, Randa FCHH 1336 Middlebrook Casa Rohnert Park 1033 San Francisco
YMCA (Monte Vista Campus) 1399 Magnolia Villa Alicia 1068 San Francisco
Sacramento Family Child Care 14 Cedar Cir Rollinghills Rest Home 1225 Cloister Ct
4C's Gold Ridge Preschool 1455 Golf Course Dr Bishop's Care Home 1393 Jasmine Cir
Zaki, Sherine FCCH 205 Fig Ct Sarah’s Young Adult Home 1520 Griffin Way
Kraal Family Day Care 375 Bruce Ave Sunlight Villa 339 Bonnie Ave
Little Ones Backyard Club 399 College View Dr Fairway Place 4796 Fairway Dr
Hede Family Child Care Home 4303 Gilford Ln Bishop’s Care Home II 4990 Filament St
Hannah Grace Daycare 47 Alison Ave Stedman's Schloss 5249 Daniel Dr
Early Learning Institute 484 Rohnert Park Expy Gardenia House 5389 Eunice St
Big Brothers & Big Sisters 5685 Redwood Dr 210 Reed’s Guest Home 5590 Country Club Dr
Kindercare 6150 State Farm Dr Liberty Independent Living Services 5685 Redwood Dr 105
Sonoma County 4-H Center 6445 Commerce Blvd Exceptional Care Home of RP 6069 Donna Ct
Sherine Zaki Family Child Care Home 7183 Circle Dr Chez Louise 6084 Country Club Dr
Burton Avenue Rec Center 7421 Burton Ave Chez Louise II 6299 Country Club Dr
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Boys and Girls Club 7450 Santa Barbara Dr Reed’s Guest Home #2 7300 Burton Ave
Hlinka Family Daycare 7599 Bonita Ave Susie's Care Home 7334 Carioca Ct
YMCA Sunshine 825 Hudis St Scils Aaron House 735 Bonnie Ave
Bishop's Care Home 1290 Southwest Blvd Kennemer Home 7527 Boris Ct
Becoming Independent 320 Raley’s Towne Centre Norma’s Daycare 7577 Adrian Dr
Sonoma County Adult and Youth 7345 Burton Ave Sarah’s Group Home 8019 Adrian Dr
Ferrari Daycare 7802 Adrian Dr Teaching Living Concepts 804 Lombard Way
Private Schools Senior Services and Housing
El Colegio School 1059 Camino Coronado Rohnert Park Senior Center 6800 Hunter Dr A
Learning to Learn 1300 Medical Center Dr Oakview Retirement Community 1350-1358 Oak View
La Petite Academy 1301 Medical Center Dr Altamont 300 Enterprise Dr
Cotati Rohnert Park Community Day 1298 Southwest Blvd Doherty Commercial Building 125 Southwest Blvd
Redwood Country Day School 1340 Medical Center Dr
Pathways Charter School 150 Professional Center
Mount Taylor Children’s Center 190 Arlen Dr
Cross and Crown Lutheran School 5475 Snyder Ln
Berean Baptist Christian Academy 6298 Country Club Dr
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HAZARD IDENTIFICATION, ANALYSIS AND ASSESSMENT
Hazards are risks that Rohnert Park wants to identify in order to determine the
potential impacts to people, economy, and the built and natural environments of
the community. Identifying hazards is just one step in the planning process, but
provides the foundation for the rest of the mitigation planning process, which
focus on identifying and prioritizing actions to reduce risk to hazards.
Rohnert Park wants to be prepared in emergency situations by being resilient
which will minimize the risk for loss of community livelihood and assets.
Rohnert Park looks to FEMA’s definition of risk which states: “the potential for
damage, loss, or other impacts created by the interaction of natural hazards with
community assets (5-1).” Natural hazards, risk, and community are inevitably
connected. It is up to the City to be as prepared as possible to make sure risk is
minimalized, overall making it easier for the City to respond. The image below from
FEMA illustrates the concept of risk as the relationship between hazards and community. Risk is overlapping both, but the LHMP will
help identify key information such as Rohnert Park’s own geographic environment, and the hazards associated with that. This
awareness closes the overlap of risk making Rohnert Park more resilient.
Using FEMA’s hazard mitigation planning resources as guidance, the Rohnert Park LHMP team analyzed the relevance of a
comprehensive list of natural hazards in Rohnert Park. The team used the 2012 Emergency Management Plan as a start to identify the
risks and hazards that were most pertinent to the City.
FEMA Element B: Hazard Identification and Risk Assessment
• B1. Does the Plan include a description of the type, location, and extent of all natural hazards that can affect each jurisdiction?
44 CFR 201.6(c)(2)(i) and 44 CFR 201.6(c)(2)(iii)
• B2. Does the Plan include information on previous occurrences of hazard events and on the probability of future hazard events
for each jurisdiction? 44 CFR 201.6(c)(2)(i)
• B3. Is there a description of each identified hazard’s impact on the community as well as an overall summary of the community’s
vulnerability for each jurisdiction? 44 CFR 201.6(c)(2)(ii)
• B4. Does the Plan address NFIP insured structures within each jurisdiction that have been repetitively damaged by floods? 44
CFR 201.6(c)(2)(ii)
Figure 3.4: Risk Assessment
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FEMA has identified 21 unique hazards that it recommends for evaluation and inclusion in a hazard mitigation plan. Several of these
hazards are not applicable to Rohnert Park. Because of past events, communities may also include other hazards not included on
FEMA’s list. The Planning Team evaluated a list of hazards, including those recommended by FEMA and determined which hazards
should and should not be included in the Plan. Table 3.5 shows the hazards that the LHMP Team evaluated.
Table 3.5: Evaluated Hazards for Rohnert Park LHMP
Hazard Decision Explanation
Avalanche Exclude Rohnert Park is not near mountainous areas where avalanches occur.
Climate Change Include (as factor) Climate change is not stand-alone but affects many other hazards.
Coastal Erosion Exclude Rohnert Park is not a coastal community.
Coastal Storm/Storm Surge Exclude Rohnert Park is not a coastal community.
Dam Failure Include Small portions of Rohnert Park lie within a dam failure inundation zone.
Disease and Pests Exclude These are not considered a sufficiently high threat to the City.
Drought Include Rohnert Park has been affected by severe droughts in the past.
Earthquakes/Liquefaction Include Rohnert Park lies in an area affected by earthquakes in the past.
Erosion/Expansive Soils Exclude Neither are a concern for the City of Rohnert Park.
Extreme Cold and Heat Exclude These are not a concern for the City, although heat may be in the future.
Fault Rupture Include Although not in a fault rupture zone, one is in proximity to the City.
Flood Include Flood zones are present in Rohnert Park.
Hailstorms Exclude Hailstorms are not an issue of concern in Rohnert Park.
Hazardous Materials Include Included, although generally not an issue of concern in Rohnert Park.
Human Caused Hazards Exclude There are no human caused hazards that merit inclusion in Rohnert Park.
Hurricane/Lightning/Wind Exclude Rohnert Park is not affected by hurricanes or other severe storms.
Land Subsidence Exclude This is not a hazard of concern in Rohnert Park.
Landslide Include There is only minor risk of landslides in outlying areas of Rohnert Park.
Sea Level Rise Exclude Rohnert Park is not a coastal community.
Severe Winter Storms Exclude Refers to blizzards and ice storms; not a concern for Rohnert Park.
Tornado Exclude Tornados are not a hazard of concern for Rohnert Park.
Tsunami Exclude Rohnert Park is not a coastal community.
Volcano Exclude There are no known volcanoes near Rohnert Park.
Wildfire Include There are areas of elevated fire risk in and adjacent to Rohnert Park.
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Hazard Prioritization
FEMA guidance recommends that the Planning Team prioritize hazards using four individual criteria. The four criteria are as follows:
• Probability: the likelihood of the hazard occurring in the future in the community
• Location: the size of the affected area in the community if the hazard occurs
• Maximum probable extent: the severity of the direct damage to the community from the hazard
• Secondary impacts: the severity of indirect damages to the community from the hazard (e.g., the loss of water service a s a
consequence of damage to infrastructure)
For each criterion, the Planning Team assigned a score of 1 to 4, consistent with FEMA guidance. The Planning Team then assigned a
weighting factor to each criterion, using values recommended by FEMA, with more important criteria receiving a higher weighing
factor. Table 3.6 shows the FEMA recommended rubric used by the Planning Team for this prioritization.
Table 3.6: Hazard Criteria Ranking Scores and Weighing Factors
Probability Maximum Possible Extent
Based on estimated likelihood of
occurrence from historical date
Weighing Factor: 2.0 Based on percentage of damage to
typical facility in community
Weighing Factor: 0.7
Probability Score Impact Score
Unlikely 1 Weak – little to no damage 1
Occasional 2 Moderate – some moderate damage 2
Likely 3 Severe – devastating damage 3
Highly Likely 4 Extreme – catastrophic damage 4
Location Secondary Impacts
Based on size of geographical area of
community affected by hazard
Weighing Factor: 0.8 Based on estimated secondary impacts
to community at large
Weighing Factor: 0.5
Affected Area Score Impact Score
Negligible 1 Negligible – no loss of function 1
Limited 2 Limited – minimal loss of function 2
Significant 3 Moderate – some loss of function 3
Extensive 4 High – major loss of function 4
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Threat Level for Included Hazards
The LHMP Team combined the assigned value of 1 to 4 for each criterion with its weighing factor to determine an overall score for
each criterion. In accordance with FEMA guidance the team then summed the scores for location, maximum probable extent, and
secondary impacts to calculate the total impact score for each hazard. Lastly, the LHMP Team multiplied the impact score by the
probability score to arrive at a total score for each hazard. A total score of 0 to 12 is considered a low-threat hazard, a score of 12.1 to
42 is considered a high-threat hazard. Table 3.7 shows the criterion scores, total scores, and threat levels for all hazards in the Plan.
Table 3.7: Scores and Threat Levels for Included Hazards
Hazard Probability Location Primary Impact Secondary Impact Total Score Threat Level
Dam Failure 1 1 1 1 4.2 Low
Drought 4 4 3 3 54.4 High
Earthquake 4 4 4 4 64.0 High
Fault Rupture 2 1 1 2 6.5 Low
Flood 3 2 3 3 31.2 Medium
Hazardous Materials 1 1 1 1 4.2 Low
Landslide 1 1 1 1 4.2 Low
Liquefaction 1 2 1 1 5.6 Low
Wildfire/WUI-Fire 3 4 3 3 40.8 Medium
Based on this scoring and calculation, drought and earthquake come in with the highest threat level, with flood and wildfire at a
medium threat level. All other hazards analyzed in this Plan are at a low threat level.
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Earthquakes
Hazard Description
Earthquakes happen when two tectonic plates slip past
each other beneath the earth’s surface. At the surface, the
location of this slip is called a fault. As the plates slide
past each other, the stresses between them tend to cause a
buildup of energy that when released causes an
earthquake. The stored energy from this process is
released as seismic waves, causing ground shaking in the
area around the slip. The deformation of plates and
accumulated stress from this process creates faults in a
wider area around the plate boundary, meaning that
earthquakes can happen in areas outside of the plate
boundary itself.
Earthquakes vary in size and intensity with a range of
potential impacts. The amount of damage from an
earthquake is determined not only by the duration and
intensity of ground shaking but also by the conditions in
the impacted area, including soil conditions, construction
quality, distance from the center of the earthquake, and the
type of fault rupture. This hazard profile covers fault
rupture, ground shaking, and liquefaction, the most common impacts from an earthquake. When a fault ruptures this is the actual
movement and displacement of the ground’s surface along the fault boundary which is considered the earthquake. Depending on the
type of fault, this displacement may be horizontal, vertical, or both. Damage from fault rupture can be severe depending on the size of
the displacement, but is limited to the relatively small area along the fault boundary where the slip occurred. Not all earthquakes result
in fault rupture that is visible at the surface, and strong earthquakes can occur without any discernible displacement along the
boundary.
Hazard Location and extent
The City of Rohnert Park is just one out of 97 cities within the Bay Area that are within 10 miles of an active fault. Rohnert Park is in
the vicinity of several known active and potentially active earthquake faults including the San Andreas and Healdsburg/Rodgers Creek
Figure 3.5: Earthquake Intensity Scale
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and the Hayward fault. The City of Santa Rosa is 8 miles to the north of Rohnert Park and has the Rodgers Creek fault running north-
south through the center of the City of Santa Rosa. This does pose a high risk of seismic activity in the greater Santa Rosa area.
A major earthquake occurring in or near this jurisdiction may cause many deaths and casualties, extensive property damage, fires,
hazardous material spills and other ensuing hazards. The Rodgers Creek fault is considered the greatest earthquake threat to Sonoma
County because of the high probability of rupture and its proximity to the County’s greatest concentration of population, governmental
services and infrastructure. The effects could be aggravated by aftershocks and by the secondary effects of fire, hazardous
material/chemical accidents and possible failure of waterways and dams. The time of day and season of the year would have a
profound effect on the number of dead and injured. Such an earthquake would be catastrophic in its effect upon the population and
could exceed the response capabilities of the City of Rohnert Park, the Sonoma County Op Area and the Governor’s Office of
Emergency Services and other state agencies. Damage control and disaster relief support would be required from other local
governmental and private organizations, and from the state and federal governments.
Hazard Vulnerability and Risk Assessment
Ground shaking: The most significant earthquake action in terms of potential structural damage and loss of life is ground shaking.
Ground shaking is the movement of the earth's surface in response to a seismic event. Ground shaking impacts can lead to surface
rupture, liquefaction, landslides, and infrastructure failures, which could lead to fires and other secondary hazards. The geology of the
impacted area alters the amount of ground shaking felt. Thick, water-saturated, unconsolidated materials will generally experience
greater shaking motion than areas of firm bedrock.
The size and magnitude of an earthquake have different ways of being measured. The magnitude of the earthquake, distance from the
epicenter, and characteristics of surface geology determine the intensity of the ground shaking and the resultant damages. The
magnitude is a number that characterizes the relative size of an earthquake. Magnitude is based on measurement of the maximum
motion recorded by a seismograph. Many scales, such as the Richter scale, do not provide accurate estimates for the magnitudes of
large earthquakes. To account for these large earthquakes, the moment magnitude scale (abbreviated as MMS; denoted as MW or M)
is preferred for its ability to cover a wide range of earthquake sizes and be applied globally. The moment magnitude scale is based on
the total moment release of the earthquake. Moment magnitude is a product of the distance a fault moved and the force required to
move it. It is derived from modeling recordings of the earthquake at multiple stations. The Modified Mercalli Intensity Scale for
Earthquakes shown in the Table below measures ground shaking intensity in terms of perception and damage and takes into account
localized earthquake effects. The amount of shaking experienced at different locations varies based not only on the overall magnitude
but also on the distance from the fault that ruptured in the earthquake, geologic conditions, and the level of preparedness built into
surrounding infrastructure. This hazard is the primary cause of the collapse of buildings and other structures
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Liquefaction: Many areas may have buildings destroyed or unusable due to the phenomenon of liquefaction. Liquefaction is the loss
of shear strength of a soil. The shear strength loss results from the increase of water pressure caused by the rearrangement of soil
particles induced by shaking or vibration. Liquefaction has been observed in many earthquakes, usually in soft, poorly graded granular
materials (i.e., loose sands), with high water tables. Liquefaction usually occurs in the soil during or shortly after a large earthquake.
In effect, the liquefaction soil strata behave as a heavy fluid. Buried tanks may float to the surface and objects above the liquefaction
strata may sink. Pipelines passing through liquefaction materials typically sustain a relatively large number of breaks in an earthquake
(Rohnert Park Emergency Management Plan).
Hazard History
The Bay Area has experienced significant, well-documented earthquakes.
Since 1855, more than 140 earthquakes have been felt in the Santa Rosa area.
Although earthquake records prior to the year 1900 are difficult to interpret,
seven earthquakes are believed to have caused damage to structures in Sonoma
County during the 19th century. Two earthquakes are of note: the 1868 M7.2
earthquake on the Hayward Fault, and the 1898 M6.7 earthquake believed to
have occurred on the Rodgers Creek Fault. Although damage from these two
events was limited due to the area’s sparse population at the time, a recurrence
of either of these events could result in significant damage to today’s
widespread and varied infrastructure and building stock. The April 18, 1906,
M8.3 earthquake on the northern segment of the San Andreas Fault, known for
devastating San Francisco, caused major damage in Santa Rosa, Sebastopol,
Healdsburg, Petaluma and other communities. Santa Rosa, only 20 miles from
the San Andreas Fault, is said to have suffered more damage proportionally to
its size than any other Bay Area city.
The 1969 Rodgers Creek / Healdsburg Fault Earthquake was the last major earthquake to occur in the Sonoma County area on
October 1, 1969. Two earthquakes of Magnitudes 5.6 and 5.7 originated near the juncture of the Rodgers Creek and Healdsburg Fault,
approximately two miles north of Santa Rosa. Total building damage was estimated at $6 million, with dwelling contents losses at
$1.25 million. Several County buildings suffered damage, including the Library, Post Office, and Veterans Memorial Building. There
was more than expected damage to the newly constructed two-story Sonoma County Social Services Building at the County
Administration Center. The 1989 Loma Prieta Earthquake, 6.9 magnitude earthquake was caused by a slip along the San Andreas
Figure 3.6: 2014 Napa Earthquake
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Fault. Though the damage in Sonoma County from the quake was very minor, the quake killed 63 people and injured 3,757 throughout
Northern California. It caused a total of over 16,700 housing units to be uninhabitable throughout the Monterey and San Francisco
Bay Areas and left some 3,000-12,000 people homeless. The most recent earthquake in this area, the 2014 Napa Quake, was felt
throughout Sonoma County and in Rohnert Park and cause millions of dollars of damage in neighboring Napa County.
Risk of Future Occurrences
A major earthquake occurring in or near this jurisdiction may cause many deaths and casualties, extensive property damage, fires,
hazardous material spills and other ensuing hazards. The Rodgers Creek fault is considered the greatest earthquake threat to Sonoma
County because of the high probability of rupture and its proximity to the County’s greatest concentration of population, governmental
services and infrastructure. The effects could be aggravated by aftershocks and by the secondary effects of fire, hazardous
material/chemical accidents and possible failure of waterways and dams. The time of day and season of the year would have a
profound effect on the number of dead and injured. Such an earthquake would be catastrophic in its effect upon the population and
could exceed the response capabilities of the City of Rohnert Park, the Sonoma County Op Area and the Governor’s Office of
Emergency Services and other state agencies. Damage control and disaster relief support would be required from other local
governmental and private organizations, and from the state and federal governments.
Extensive search and rescue operations may be required to assist trapped or injured persons. Injured or displaced persons could require
emergency medical care, food and temporary shelter. Identification and burial of many dead persons would pose difficult problems;
public health would be a major concern. Mass evacuation may be essential to save lives, particularly in areas downwind from
hazardous material releases. Many families would be separated particularly if the earthquake should occur during working hours, and
a personal inquiry or locator system could be essential to maintain morale. Emergency operations could be seriously hampered by the
loss of communications and damage to transportation routes within, and to and from, the disaster area and by the disruption of public
utilities and services.
The economic impact on the City of Rohnert Park from a major earthquake would be considerable in terms of loss of employment and
loss of tax base. Also, a major earthquake could cause serious damage and/or outage of computer facilities. The loss of such facilities
could curtail or seriously disrupt the operations of banks, insurance companies and other elements of the financial community. In turn,
this could affect the ability of local government, business and the population to make payments and purchases.
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Figure 3.7: Probability of Earthquake Intensity (Shaking)
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Figure 3.8: Potential Liquefaction
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According to the USGS, there is a 31% chance of a major earthquake along the Rogers Creek fault by 2038 and a 93% probability of a
magnitude 6.7 or greater in Northern California by 2038.
Climate Change Considerations
Seismic events are not directly impacted by climate change. It is uncertain the likelihood, size and severity of seismic events. Since the
field of climate change science is dynamic, the City will continue to review and summarize new research that occurs on this topic
during the next update cycle.
Flooding
Hazard Description
Flooding is a temporary condition in which land that is normally dry is partially or completely inundated. Flooding occurs when water
bodies, such as streams, rivers, lakes, or reservoirs, are abnormally high and overflow into adjacent low-lying areas. These areas are
known as floodplains, defined by their exposure to risk of recurring floods. Given Rohnert Park’s inland location the City is protected
from coastal flooding which is associated with high tides and coinciding strong winds. Flooding within the City’s planning area are a
result of heavy rains in low-lying areas with limited drainage routs and along creeks that are prone to flooding in 100-year storm
events. Floods can be powerful enough to move large objects swiftly into other objects, cause damage to buildings and infrastructure,
and weaken foundations and soils. Secondary impacts of flooding, including saturated soils and erosion from flooding events can
cause trees to weaken and collapse, increasing the potential for property damage and loss of life. Taken from the City’s Emergency
Management Plan it is stated that floods are generally classed as either slow-rise or flash floods. Slow-rise floods may be preceded by
a warning time lasting from hours to days or possibly weeks. Evacuation and sandbagging for a slow-rise flood may lessen flood-
related damage. Conversely, flash floods are the most difficult to prepare for, due to the extremely short warning time, if any is given
at all. Flash flood warnings usually require immediate evacuation within the hour. Within Sonoma County floods are the most
frequent natural hazard, and causing the greatest amount of property losses. Within the state, floods are second most common types of
disaster, fires being the first.
Before Rohnert Park was developed, most rainfall fell onto natural areas. The water soaked into the ground until it reached a
saturation point, at which time it traveled, sometimes below the surface of the soil, sometimes in above-ground swales, via sheet flow,
to the nearest creek or water body. With urban development of the area, impervious surfaces were created. An impervious surface can
be a constructed surface -- like paved roads, parking lots and rooftops -- or a natural surface compacted in some way so that the
infiltration of surface water is impacted or prevented. Rain falling on impervious surfaces creates runoff that is sent through our storm
water system of street gutters and storm drains, quickly to the nearest creek and downstream.
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While our conventional storm water system of gutters, pipes and channels has done its job to protect properties and lives here in this
urbanized area, it also has had replaced some of the beneficial functions of natural surfaces that protect environments and populated
areas downstream, such as lessening the peak storm water level, slowing the velocity of water through the waterbodies, providing
infiltration to groundwater, and filtering out pollutants. The City’s Public Works Department maintains the City-owned portions of the
storm water system, including gutters, inlets, catch basins, pipes and outfalls.
The Sonoma County Water Agency (SCWA) manages most of the flood control channels that course through Rohnert Park. The
channels in Rohnert Park are included in "Zone 1A" (Laguna de Santa Rosa - Mark West Creek watershed), one of nine geographical
zones encompassing a major watershed. These flood control zones were established in 1958 as a means of financing the construction
and maintenance of flood protection works within Sonoma County. SCWA either owns in fee the rights-of-way for constructed flood
control channels, or holds easements on them for maintenance. Maintenance of flood control channels and creek beds are under
contractual agreement with Sonoma County Water Agency.
Hazard Location and extent
Areas in Rohnert Park are flood prone in heavy rains. This can be visualized on the Rohnert Park 2015 Flood Areas Map. There are
several major creeks that intersect with Rohnert Park and could potentially cause flooding within the 100-500 year flood plain and
general low-lying areas. The creeks identified on the map are Wilfred Bellvue Channel, Coleman Creek, Five Creek, Crane Creek,
Hinebaugh Creek, Copeland Creek, and Laguna De Santa Rosa. A large area in the Northwest corner of the City right outside city
limits is prone to flooding, that looks to span 1 square mile in area where the Laguna de Santa Rosa, Hinebaugh Creek and Wilfred
Bellvue channel intersect. Area 1 on the map is adjacent to this area inside the city limits and is designated as Rancho Verde Mobile
Home Park and is lining with Hinebaugh Creek. The streets across the Hinebaugh Creek near Labath Ave are prone to flooding as
well. Areas lining the major creeks such as Copeland Creek on Avram Avenue when City Hall is located is prone to flooding. In the
Northeast corner of the City where the Rohnert Park Municipal Golf Course is located including some streets of the neighboring
residential are prone to flooding during the rainy seasons as Coleman Creek may overflow. Other areas designated on the map have
sporadic locations of low-lying flood prone areas during the rainy season.
Hazard History
Flooding has had a serious impact on the county as a whole in the past. The most recent occurrence was in the winter of 2005-2006
when rainfall measured in the City of Santa Rosa at 17.6 inches (NOAA 2013). The President declared this flood a major disaster, and
more than 100 roadways were blocked due to flooding or landslides. Some 2,100 business and residential properties were inundated
and 50,000 residents were without power (NOAA 2013). Sonoma County business and residential damages were estimated at $104
million (NOAA 2013). The City was impacted by the 2005/2006 Winter Storms. General impacts from the winter storms were
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flooding and power outages. Public works crews assessed the flooded areas and were able to clean out blocked drainage trash gates,
removed debris from ditches and culverts and placed flooded, road closed ahead, and road closed signs, as needed, on flooded road
sections to warn the public of flooded areas. Public works has some provisions for sandbags – primarily available only to areas where
living space would be flooded or impacted. In areas where trees fell in the roadway, the trees were moved out of the roadway and
when the storm cleared the trees were cut up and removed. Vehicles, properties and buildings sustained damage from flood waters
particularly on Martin Avenue and Heartwood Court.
Hazard Vulnerability and Risk Assessment
The most readily available source of information regarding the 100-year flood is the Flood Insurance Rate Maps (FIRMs) prepared by
FEMA to support the National Flood Insurance Program (NFIP). The standard for floodplain management in the United States is to
delineate and address flood risks within the area inundated by the 100-year flood or base flood. Floods may be quantified in terms of
flow (cubic feet per second (CFS)), water elevation, inundated area, and reoccurrence interval. For instance, a 100-year flood has a 1‐
percent chance of occurring in any given year. Although the recurrence level is based on statistical averages, the actual occurrence of
events varies and could occur at shorter intervals or even within the same year.
Mobile Home Susceptibility
Statewide, the 1996 floods destroyed 156 housing units. Of those units, 61 % were mobile homes and trailers. Many older
manufactured home parks are located in floodplain areas. Mobile homes have a lower level of structural stability than stick-built
homes, and must be anchored to provide additional structural stability during flood events. Because of confusion in the late 1980s
resulting from multiple changes in NFIP regulations, there are some communities that do not actively enforce anchoring requirements.
Lack of enforcement of manufactured home construction standards in floodplains can contribute to severe damages from flood events.
The City of Rohnert Park has participated in the National Flood Insurance Program since 1981. The City does not participate in the
Community Rating System. Staff anticipates seeking City Council direction for participation in the Community Rating System. The
City started participation in the NFIP on June 1, 1981. An update, effective December 2, 2008, was released which reflected the
current requirements of the NFIP for non-coastal communities. In addition to using FEMA maps to regulate flood hazard areas, the
City may require elevation certificates at the building permit stage to verify compliance with NFIP requirements. There are no repeat
loss properties within the City of Rohnert Park.
Identification of Flood Areas
Flood maps and Flood Insurance Studies (FIS) are often used to identify flood-prone areas. The NFIP was established in 1968 as a
means of providing low-cost flood insurance to the nation’s flood-prone communities. The NFIP also reduces flood losses through
regulations that focus on building codes and sound floodplain management. NFIP regulations (44 CFR Chapter 1, Section 60, 3)
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require that all new construction in floodplains must be elevated at or above base flood level. Flood Insurance Rate Maps (FIRM) and
Flood Insurance Studies (FIS) Floodplain maps are the basis for implementing floodplain regulations and for delineating flood
insurance purchase requirements.
A Flood Insurance Rate Map (FIRM) is the official map produced by FEMA which delineates SFHA in communities where NFIP
regulations apply. FIRMs are also used by insurance agents and mortgage lenders to determine if flood insurance is required and what
insurance rates should apply. Water surface elevations are combined with topographic data to develop FIRMs. FIRMs illustrate areas
that would be inundated during a 100-year flood, floodway areas, and elevations marking the 100-year-flood level. In some cases, they
also include base flood elevations (BFEs) and areas located within the 500-year floodplain. Flood Insurance Studies and FIRMs
produced for the NFIP provide assessments of the probability of flooding at a given location. FEMA conducted many Flood Insurance
Studies in the late 1970s and early 1980s. These studies and maps represent flood risk at the point in time when FEMA completed the
studies. However, it is important to note that not all 100-year or 500-year floodplains have been mapped by FEMA.
FEMA flood maps are not entirely accurate. These studies and maps represent flood risk at the point in time when FEMA completed
the studies, and does not incorporate planning for floodplain changes in the future due to new development. Although FEMA is
considering changing that policy, it is optional for local communities. Man-made and natural changes to the environment have
changed the dynamics of storm water run-off since then.
Although many communities rely exclusively on FIRMs to characterize the risk of flooding in their area, there are some flood-prone
areas that are not mapped but remain susceptible to flooding. These areas include locations next to small creeks, local drainage areas,
and areas susceptible to manmade flooding. Communities find it particularly useful to overlay flood hazard areas on tax assessment
parcel maps. This allows a community to evaluate the flood hazard risk for a specific parcel during review of a development request.
Coordination between FEMA and local planning jurisdictions is the key to making a strong connection with GIS technology for the
purpose of flood hazard mapping.
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Figure 3.9: Known Flooding from 2005 Flood Event with Mobile Home Parks
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Figure 3.10: Known Flooding from 2005 Flood Event with Critical Facilities
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Figure 3.11: FEMA Flood Hazard Areas with Mobile Home Parks
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Impact of Development
When structures or fill are placed in the floodway or floodplain water is displaced. Development raises the river levels by forcing the
river to compensate for the flow space obstructed by the inserted structures and/or fill. When structures or materials are added to the
floodway or floodplain and no fill is removed to compensate, serious problems can arise. Flood waters may be forced away from
historic floodplain areas. As a result, other existing floodplain areas may experience flood waters that rise above historic levels. Local
governments must require engineer certification to ensure that proposed developments will not adversely affect the flood carrying
capacity of the Special Flood Hazard Area (SFHA).
Displacement of only a few inches of water can mean the difference between no structural damage occurring in a given flood event,
and the inundation of many homes, businesses, and other facilities. Careful attention should be given to development that occurs
within the floodway to ensure that structures are prepared to withstand base flood events. In highly urbanized areas, increased paving
can lead to an increase in volume and velocity of runoff after a rainfall event, exacerbating the potential flood hazards. Care should be
taken in the development and implementation of storm water management systems to ensure that these runoff waters are dealt with
effectively.
Climate Change Considerations
Scientific evidence involving climate change include more variation in weather patterns for Sonoma County. Overall there are
significant challenges for planning around water supply and flood control. Sonoma County’s wintertime precipitation comes mainly in
storms from the Pacific Ocean brought on atmospheric rivers. Between 1948 and 2011, 87% of floods on the Russian River were due
to atmospheric rivers (Dettinger et al., 2011). With the wettest scenarios being considered, Sonoma County including Rohnert Park
could see almost a 25% increase in precipitation compared to historical (20th century) conditions while the driest scenario projects an
approximately 20% decrease (Climate Ready Sonoma County). By the year 2100 Sonoma County will see bigger, more variable
floods that will cause potentiality in 1) physical danger and economic impact for people living in low-lying areas along rivers and bay
lands, especially those without reliable transportation, 2) Death from drowning and injuries from flood, 3) Public health risks from
damage to sanitation, utility, and irrigation systems, 4) Limitations on access to critical services and 5) Economic impact to businesses
in or affected by flooded areas.
With the calculated changes in precipitation due to climate change there will still continue to be some years with precipitation similar
to historic averages as the error bars for all scenarios in Figure 3.16 overlap with the 0% change axis. However, the warm/wet scenario
forecasts some years with an almost 75% increase in mean annual precipitation while the dry scenarios project years with decreases
between 25-50% of historical averages (Climate Ready Sonoma County).
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Drought
Hazard Description
Droughts are an effect of prolonged periods
of little to no rainfall which result in
shortages of water. Droughts develop over
an extensive period of time. A year with
abnormally little precipitation would be
considered a dry year. Multiple dry years
may develop drought conditions, whereas
multiple years of suitable rain or wet years
will generally alleviate the drought. In years
of drought the inhabitants do slowly feel the
effects. In urban areas, drought conditions
can cause a decrease in available water
supplies, which may lead to increases in
water rates or restrictions in water use.
Communities may need to seek alternative
water supplies to meet demand, which can
be a costly and lengthy process.
Drought conditions change the landscape,
causing vegetation such as street trees,
landscaped areas in public parks to become
water stressed which can lead to plant
disease or death. Drought conditions harden
the ground, which can lead to increased
flooding when rains return because the soil
cannot easily absorb water. Prolonged
drought can also create increased levels of
wildfire risk, with prolonged conflagrations fueled by excessively dry vegetation. Drought is not localized, but occurs simultaneously
across the region, and may extend statewide or across a larger expanse. For the state droughts have been occurring in prolonged stages
that impact every county, as well as local municipalities that are unique in their conditions such as based on local and regional water
Figure 3.12: California Drought as of November 2015
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supply systems, soil conditions, and the typical climate and vegetation land covering. The effects of drought are managed in the Bay
Area through the importation of water and the storage of water in reservoirs.
Hazard History, Location and extent
Droughts are known to reoccur
in California. The State have
developed advance strategies
and water infrastructure
networks to deal with water
shortages. A drought in one part
of the state may have little to no
effect in another part of the
state due to water resources that
are localized. From December
of 2011 to April 2017
California experienced yet
another state-wide drought. In
January 2014, the Governor
declared a State of Emergency
in California in response to
current drought conditions. To
date, 2015 is the driest recorded
year on record in California,
with statewide reservoirs at 18–
67% of average (California
Governor’s Office of
Emergency Services (2015), as
cited in ABAG 2015). Governor
Jerry Brown ordered a statewide
25%t cut in urban water use. A
year ago, 21%of California was considered in drought monitor classification D4, 42%in D3-D4 and 100% of California in D0-D4. As
of April 2017 the Governor declared the drought emergency over. Now that California is flourishing it will not be the last or the
Figure 3.13: California Drought as of August 2017
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longest in the years to come. A drought from 1928 to 1937 affected all parts of the state and was the longest drought in California’s
recorded history. Between 1976 and 1977, California experienced one of its most severe droughts, and 1977 was the state’s driest year
on record.
Major Droughts that affected the Bay Area, according to ABAG were in 1973, 1976–77, 1987–91, and 2007–09. Drought conditions
in 1973 led to a State-declared disaster in Glenn, San Benito, and Santa Clara counties, resulting in $8 million in agricultural loss.
During the statewide drought of 1976 to 1977, four Bay Area counties (Contra Costa, Napa, San Mateo, and Marin) were among those
where a state disaster was declared. Marin, Solano, and Sonoma counties were affected in the 1987–91 drought, which caused $1.7
billion in crop losses nationwide (Cal OES 2013, as cited by ABAG 2015).
Locally, Sonoma County declared an emergency for drought in
February of 2014. A proclamation was adopted calling for water
conservation actions and voluntary water reductions. Rohnert Park
adopted Stage 1-voluntary reductions in February 2014. And
subsequently adopted Stage 1-mandatory 20% reductions in August
2014 to comply with the State regulations mandating a statewide 25%
reduction target. At the drought’s peak in 2015, approximately 9
percent of Sonoma County was classified as level D3 drought
conditions (extreme drought), with the remainder of the county
classified as level D2 (severe drought) which included Rohnert Park.
Figure 3.14: Drought affecting Lake Sonoma in 2014
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Recycled Water System
Rohnert Park’s Recycled Water System provides tertiary treated
recycled water to 31 customers including City parks, two
municipal golf courses, Sonoma State University and several
private commercial properties (see Figure 3.15). The City has
been at the forefront of recycled water use having used recycled
water for over 28 years. In 2015, the City used 310 million
gallons on over 580 acres. The use of recycled water
significantly lessens the potential impacts of droughts on
connected properties. Current development and new city
infrastructure is required to connect to the recycled water
system where feasible.
Drought Vulnerability and Risk Assessment
Given the historical context and extent to which droughts have
happened so far at each spatial level from the state, county, and
local municipality, droughts are unique among hazards in this
LHMP in that droughts are a more regional disaster meaning
that the direct impact is the same throughout the City. Unlike
earthquakes, floods, or wildfires where the risk and severity of
impacts vary within the community. As a result, all of Rohnert
Park is in the potential hazard zone for droughts, and no single
area faces higher direct risks. While the severity of any drought
conditions will be consistent across Rohnert Park, the indirect
impacts of a drought can vary depending on residents’
socioeconomic factors. Droughts often lead to more stringent
water use regulations, which can include increased service rates
for households that use higher amounts of water.
Figure 3.15: Rohnert Park recycled Water System
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Climate Change Considerations
Scientific evidence suggests that Sonoma County, and California
overall are expected to experience more very hot days than in the
past, and overall higher temperatures over a longer period of dry
weather. Spring will come earlier and fall will come later, and
these extended periods of hotter, drier weather will impact
regional water supply. The heat will also increase soil moisture
deficit and reduce groundwater recharge. Reduction in the overall
regional water supply due to reduced precipitation would only
exacerbate the local effects of drought (Climate Ready Sonoma
County).
Figure 3.16: Climate Change Precipitation Projections
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Wildfire/Wildland-Urban Interface Fires
Hazard Description
The combination of highly flammable fuel, long dry
summers and steep slopes creates a significant natural
hazard of large wildland fires in many areas of Sonoma
County. A wildland fire is a fire in which the primary fuel is
natural vegetation. Wildland fires can consume thousands
of acres of vegetation, timber and agricultural lands. Fires
ignited in wildland areas can quickly spread, if unabated, to
areas where residential or commercial structures are
intermingled with wild land vegetation. Similarly, fires that
start in urbanized areas can grow into wildland fires. Wild-
land-urban interface fire hazards are especially pronounced
in areas of high structure densities adjacent to undeveloped
open space areas with dense vegetation. Wildland-urban
interface fire results in death, injury, economic loss and a
large public investment in firefighting activities.
Wildfire behavior is based on three primary factors:
weather, topography and fuel. Wildland fire season in
Sonoma County spans the months after the last spring rains
have fallen and until the first fall or winter rains occur. The
months of August, September and October have the greatest
potential for wildland fires as vegetation dries out, humidity
levels fall, and off shore winds blow. In Northern California,
Diablo Winds, while rare can occur. These are similar to the Santa Ana winds founds in Southern California which can drive fires
swiftly and unpredictably.
The population of tan oak vegetation in various areas of the County has particular risk due to the rise of Sudden Oak Death Syndrome.
In specific areas, tan oak proliferation and the rapid encroachment of the disease has created an environment of increased vulnerability
to wildland fire.
Figure 3.17: ABAG WUI Fire Predicted Risk (orange)
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Hazard Location and extent
Wildfires can be caused by natural events, such as lightning or
high winds. However, most wildland fires are human caused.
Campfires, careless smokers, electrical sparks, and arson cause
most wildland and wildland-urban interface fires. In the City of
Rohnert Park and the adjacent rural areas of Sonoma County,
electrical equipment, such as power lines and transformers, has
caused numerous fires. An emerging cause for concern is fires
started by mowing, use of power equipment and other work
around very dry vegetation. Trees growing into power lines
have caused large and damaging fires within the county.
The adjacent hillsides surrounding Rohnert Park are a high-risk
area for wildfires. With off shore winds any such fire, once
started, could blow fire brands and ash into the City of Rohnert
Park.
Hazard Vulnerability and Risk Assessment
The risk of wildland fires in Rohnert Park is generally low
compared to peer cities in Sonoma County. The City has very
little area that would be considered Wildland-Urban Interface. The City’s planned development patterns, relatively compact nature,
and the existence of an urban growth boundary have prevented Rohnert Park from sprawling out in low densities into the surrounding
hillsides where the risk of fire is greater. The existence of agriculture on three sides of the City, as well as the presence of the City of
Cotati to the south, also mitigate the chances of an extreme fire event. Current mitigation activities include abatement of grassland
areas adjacent to and within the City Limits.
Climate Change Considerations
Changing weather and precipitation patterns as a result of climate change, further impacted by continuing development, will change
the way large fires originate, grow, and ultimately impact Rohnert Park in the future. Increased precipitation during the rainy season
will increase the growth of grass and brush that will later dry out in the summer, increasing the amount of fuel available for fires.
Warmer summers will contribute to drier conditions and will place more stress on plants, bushes and trees leaving them vulnerable to
pests and disease. Increasing numbers of trees may die out, subsequently leaving increased amounts of fuel ready to burn.
Figure 3.18: Typical hillside adjacent to Rohnert Park
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Figure 3.19: Historic (Pre-2017) Wildfires near Rohnert Park
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October 2017 Fire Event
During the night of October 8-9, multiple offshore wind
driven fires ignited across the Counties of Napa and
Sonoma. While no official cause has been determined at the
time of this writing, sparks from electrical lines in strong
winds are considered the likely cause. Sonoma County
experienced the wettest winter on record in 2016-2017
(driving vegetation growth), and one of the hottest summer
on record in 2017 (drying out the same vegetation). These
factors combined to create conditions favorable for rapid
fire growth. The City of Santa Rosa to the north experienced
significant devastation and loss of life in the Tubbs Fire due
to the sudden and overwhelming nature of the event.
An offshoot of the Nuns/Adobe fires, centered in and around
Sonoma Valley, headed east over the hills, generally staying
south of Crane Canyon Road during the early hours of
Monday October 9 (See Figure 3.21). The City of Rohnert
Park mobilized over the coming days to build emergency
fire breaks around the eastern and northern sides of the City.
The G, H, and K Sections were evacuated for a period of
time. Actions by the City, combined with shifting wind
patterns prevented the fire from directly damaging the City
of Rohnert Park.
*After more thorough analysis of the fire event conducted by Sonoma County, Cal OES, FEMA, and the City of Rohnert
Park, additional modifications and additions to this LHMP as pertaining to wildfire hazard mitigation will be included.
Figure 3.20: October 2017 Sonoma County Fires
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Figure 3.21: October 2017 Sonoma County Fires in the Rohnert Park Vicinity
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Minor or Secondary Hazards
While not identified as primary hazards through the planning process, these hazards are still important and have the potential to
directly or indirectly threaten lives, property, and infrastructure in and around Rohnert Park.
Hazardous Materials
Hazard Description
California law defines a hazardous material as follows:
A substance that, because of physical or chemical properties, quantity, concentration, or other characteristics, may either (1)
cause an increase in mortality or an increase in serious, irreversible, or incapacitating illness; or (2) pose a substantial present or
potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise
managed (California Health and Safety Code Section 25141b).
Hazardous materials are dangerous substances that encompass a wide range of substances that include toxic substances, flammable or
explosive materials, corrosive substances such as acids, and radioactive substances. While some hazardous materials are dangerous at
all times, others may only be dangerous under specific conditions such as flammable materials, which can be harmless until exposed
to a spark or a heat source. Hazardous materials that are no longer used and have been disposed of or awaiting disposal.
Emergencies involving hazardous materials are often technological and man-made hazards. These types of emergencies also
sometimes occur as a secondary impact of another emergency such as an earthquake or flood.
Hazard Location and Extent
Hazardous material releases can occur from buildings such as factories and processing facilities, as well as from vehicles that transport
chemicals or other hazardous substances. Road vehicles, trains, and (more rarely) aircraft can all suffer accidents that cause a release
of hazardous materials. According to the Rohnert Park Emergency Preparedness Plan 2010, the likelihood of occurrence is every so
often, and the severity of an instance could range of low to high.
Hazard History
According to county records indicated by the Rohnert Park Emergency Management Plan, spill history indicates most problems
occurring in the transportation corridors. Although most of these incidents have been easily handled, the potential still exists for an
extreme threat to life, the environment, and property.
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Hazard Vulnerability and Risk Assessment
In the City of Rohnert Park, commercial businesses that use hazardous materials include, but are not limited to, dry cleaners, film
processors, auto service providers, drycleaners and medical clinics. Residences also generate household hazardous wastes in the form
of paints, thinners, pesticides, fertilizers. Earthquake shaking can release hazardous materials. There is the potential that trucks or train
cars carrying dangerous materials could be tipped over by an earthquake and materials dangerous to health or the environment could
be released. Some of these sources may contain gases or liquids that are potentially harmful to human health. Leaking products present
a serious fire hazard (Rohnert Park Emergency Preparedness Plan 2010).
Hazardous materials also pass through the City in route to other designations via the freeway, rail, and surface street system. The
Department of Transportation (DOT) regulates the transport of hazardous materials on state highways and rail lines using established
criteria for safe handling procedures. Federal safety standards are also included in the California Administrative Code and the
California Health Services Department regulates the haulers of hazardous waste (Rohnert Park Emergency Management Plan 2012).
Risk of Future Hazards
An accident with hazardous materials can happen every once in a while, and especially during a natural disaster like an earthquake or
severe flooding. Hazardous waste generators and users in the City are required to comply with regulations enforced by several federal,
state, and county agencies. The regulations aim toward reducing risk associated with human exposure to hazardous materials and
minimizing adverse environmental effects. Sonoma Fire Department in partnership with the Rohnert Park Department of Public Safety
for fire protection services conduct inspections related to hazardous materials. The Hazardous Materials Compliance Division of the
County Environmental Health Services Department ensures compliance and reporting in accordance with the Sonoma County
Hazardous Waste Management Plan. Highways 101 has a greater potential for a Hazardous Materials release, Petaluma Hill Road and the
Rohnert Park Expressway also has materials traveling through on a daily basis. (Rohnert Park Emergency Management Plan 2012).
Landslides
Hazard Description
Landslides occur when soils on a hill side become unstable and slide down towards the base of the hill. They can occur very quickly
or may transgress slowly over a period of days, weeks, months, or years. Landslides are capable of damaging or destroying any
structures built on or in the moving soil, and the flow of material can cause further damage to any structure in its path. Landslide risk
depends on the types of earth materials of the hillside and the steepness of the slope.
There are multiple types of landslides and they can be triggered by a number of different events, but the two most common forms are
earthquake-induced landslides and moisture-induced (rain, flooding, irrigation) landslides. During Earthquakes a landslide can happen
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because the ground shaking causes the soil unstable and loose. During the rainy season, moister-induced landslides can occur when
the ground soaks up excess water causing the ground to weaken and become unstable. Water is capable of eroding the base of slops on
hillsides causing risk of landslides.
Hazard Location and extent
According to the Rohnert Park Emergency Management Plan, the likelihood of occurrence in very infrequent, and the severity of the
occurrence is low. Landslides can occur in the event of a major Earthquake at a magnitude of 7 to 7.9. However, areas designated at
risk of landslides are entirely outside and away from the city limits.
The rolling hills, coastal ranges, and steep canyons that characterize Sonoma County’s landscape contribute to a widespread landslide
hazard. Landslides are described as downward movement of a slope and materials under the force of gravity. In addition to gravity,
extended periods of intense rainfall during the winter months is the primary cause of landslides in the County. Landslides can also be
triggered by seismic activity. Landslides are a significant secondary hazard to wild land fire, where periods of heavy rainfall on
denuded slopes cause landslides and mudslides.
The main types of landslide activity that can impact Sonoma County include:
• Slides: Mass movements, where there is a distinct zone of weakness that separates the slide material from more stable
underlying material.
• Falls: Abrupt movements of masses of geologic materials, including rocks and boulders that become detached from steep
slopes or cliffs.
• Debris Flows: Rapid mass movement of a combination of loose soil, rock, organic matter, air, and water that mobilize as a
slurry flowing down slope. These are most often caused by heavy precipitation and intense surface water runoff in steep
gullies.
• Mudflows: Earth flow consisting of material that is wet enough to flow rapidly and contains at least 50 percent sand, silt, and
clay sized particles. Mudflows can travel at speeds of 35 mph or greater.
• Creep: Imperceptibly slow, steady, downward movement of slope-forming soil or rock.
• The occurrence of landslides is determined by both natural and human factors. Natural factors include the cohesive strength
and shrink-well characteristics of the affected minerals, the orientation of joints and planes of weakness between slide material
and bedrock, the steepness of slopes, the degree of saturation of ground materials (highly affected by rainfall), and the density
of vegetation. Human factors include the over steepening and overloading of slopes, the removal of natural vegetation, and the
addition of water to the soil by watering of lawns and septic system drain fields, and onsite ponding of storm runoff.
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Hazard History
Numerous minor landslides have occurred in Sonoma County in areas adjacent to Rohnert Park. However, due to Rohnert Park’s
relatively flat topography, and the relative stability of the hillsides immediately adjacent to the City, any impacts from landslides
outside the city limits are anticipated to be indirect and/or minor.
Hazard Vulnerability and Risk
Assessment
The landslide risk in Rohnert
Park is largely outside the City
(See Figure 3.22). All of Rohnert
Park, and its critical facilities are
located in relatively flat areas
within the City limits, and none
are considered to be at high risk.
Figure 3.22: Landslide Risk
around Rohnert Park
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Dam Inundation
Hazard Description
The US Army Corps of Engineers built Warm Springs Dam
across Dry Creek. Completed in 1982, this rolled-earth
embankment dam is 319 feet (97 m) high, 3,000 feet (900 m)
long, and 30 feet (9 m) wide at the top. It contains
30,000,000 cubic yards (23,000,000 m3) of earth. The dam
aids in flood control, and a hydroelectric plant produces
electricity from the water released downstream. A minimum
amount of flow must be maintained in Dry Creek to
allow fish migration.
Hazard Vulnerability and Risk Assessment
The Warm Springs Dam was assessed in 2006 and, after
considering probability of failure and potential failure consequences, categorized it as being in Dam Safety Action Class (DSAC) IV
based upon the Dam Safety risk. Dams in Class IV are considered to be marginally safe, in that the combination of life or economic
consequences with probability of failure is low. No potential failure modes were identified using existing data.
Although no potential failure modes caused by flooding were identified, the consequences of a dam failure were analyzed. A relatively
low probability of failure along with a moderate sized downstream population, residential and commercial structures including
contents, roads, farm land, bridge damage, and utilities, has led to the dam’s inclusion in the DSAC IV category. The consequences
are judged to be similar for breaches caused by seepage, overtopping, or a seismic even. Portions of the communities of Healdsburg,
Windsor, Santa Rosa, Sebastopol, and Guerneville, as well as some rural population areas in the floodplain immediately downstream
of the dam, would be at risk if the dam failed as they are within the 1 to 24 hour flood wave travel time bracket. Half of the rural
population immediately downstream of the dam is important as -half are within a 15 minute flood wave travel time and all are within a
1 hour flood wave travel time. Based on the 2000 Census of Population and flood inundation maps, up to 84,854 people could be
impacted from a dam failure, with an estimated loss of life of up to 100 people from a maximum flood event. Damage includes
industrial and residential structures and their contents, roadways, infrastructure, agriculture (mainly viticulture), and bridge damage
along the Dry Creek. The estimated damages are up to $13 billion, including $219 million for repairing the dam. Potential inundation
areas are found in the County map in the Appendix. Only minor impacts are expected in the worst case scenario along the western
edge of Rohnert Park.
Figure 3.23: Warm Springs Dam at Lake Sonoma
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Earthquake Faulting
Hazard Description
Surface fault ruptures can result from large magnitude earthquakes.
Surface rupture occurs when movement on a fault deep within the earth
breaks through to the surface. Structures located within the fault rupture
zone are subjected to excessive ground deformations. Most structures are
not designed to withstand such large deformations and experience major
damage. Pipelines crossing the fault zones can also be damaged by the
stresses. During the 1906 San Francisco earthquake horizontal
displacement along the San Andreas Fault averaged 15 feet in Sonoma
County. The Healdsburg, Rodgers Creek and Maacama faults also show
evidence of surface displacement during the past 11,000 years.
Surface rupture is the most easily avoided seismic hazard. The Alquist-
Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the
hazard of surface faulting to structures for human occupancy. Its main
purpose is to prevent the construction of buildings used for human
occupancy on the surface trace of active faults. It requires projects to
conduct a geologic investigation to demonstrate that proposed buildings
will not be constructed across active faults. A structure for human
occupancy cannot be placed over the trace of the fault and must be set
back from the fault (generally 50 feet).
Hazard Types
Earthquake Faults: A fault is a fracture along between blocks of the earth’s crust where either side moves relative to the other.
Strike-slip: Strike-slip faults are vertical or almost vertical rifts where the earth’s plates move mostly horizontally. From the
observer’s perspective, if the opposite block looking across the fault moves to the right, the slip style is called a right lateral fault; if
the block moves left, the shift is called a left lateral fault.
Figure 3.24: Earthquake Hazards in California
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Dip-slip: Dip-slip faults are
slanted fractures where the
blocks mostly shift
vertically. If the earth above
an inclined fault moves
down, the fault is called a
normal fault, but when the
rock above the fault moves
up, the fault is called a
reverse fault. Thrust faults
have a reverse fault with a
dip of 45 ° or less.
Hazard Vulnerability and Risk
Assessment
No known faults are located
in Rohnert Park. The
Rodgers Creek/Hayward
Fault Zone is several miles
east of the City limits, and
could potentially sever Crane
Canyon Road –
disconnecting the City’s
direct link to the Bennett
Valley area (See Figure
3.25).
Figure 1.1 Risk Assessment Concept
Figure 3.25: Location of nearest fault zone to Rohnert Park
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Summary of Vulnerabilities
This Table identifies the Critical Facilities that are at
risk from potential hazards. The facilities are classified
into separate categories including Government Center,
Community, Fire, Health, Parks, and Schools. Facilities
with more than a low level risk to specific hazard are
denoted accordingly and shaded in orange. As landslide,
and hazardous material risks are low throughout the
community they are omitted from the table.
Primary Vulnerabilities
• Localized Flooding (based on local
experiences from winter storms)
• Flooding based on FEMA 100 and 500 Year
Flood Event Maps
• Earthquake Shaking
• Earthquake Liquefaction
• Drought
• Wildland-Urban Interface Fire
Secondary Vulnerabilities
• Dam Inundation
• Landslides
• Hazardous Materials
• Earthquake Fault Ruptures
Figure 3.26: Winter storm induced flooding on Commerce Blvd.
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Vulnerability Analysis of Critical Facilities
This analysis was conducted by analyzing the location of these facilities in relation to the relative likelihood and intensity of the
potential hazards that could impact them. The table does not include several potential hazards that affect only a few select areas or
facilities in Rohnert Park (such as dam inundation), nor potential hazards that pose only a low level of vulnerability in Rohnert Park
(such as Hazardous Materials). Similarly, landslides, and earthquake faulting are not included in this table as they do not have the
potentially to directly impact the City of Rohnert Park (though there is the potential of secondary impacts from these hazards).
Table 4.1: Vulnerability Analysis
Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
City Properties
City Hall
130 Avram
Avenue
Government
Center High High Medium
Corporation
Yard (Public
Works)
600 Enterprise
Drive Public Works High Medium
Senior Center
6800 Hunter
Drive Community Medium High Medium
Community
Center
5401 Snyder
Lane Community Medium High Medium
Burton Avenue
Recreation
Center
7421 Burton
Avenue Community High Medium
Spreckels
Performing Arts
Center
5409 Snyder
Lane Community Medium High Medium
Callinan
Recreation
Center
5405 Snyder
Lane Community High Medium
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Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
Animal Shelter
301 J Rogers
Lane Community High Medium
Pump Facility
201 J Rogers
Lane Public Works Medium High Medium
Public Safety
Facility (Main)
500 City
Center Drive
Government
Center High Medium
Fire Station 2
(North)
5200 Country
Club Drive Fire High Medium
Fire Station 3
(West) (Future)
5870 Labath
Avenue Fire High Medium
Fire Station 4
(South)
1312 Maurice
Avenue Fire High Medium
State Farm
Expressway
Landscaping
State Farm
Expressway Public Works High Medium Medium
Enterprise
Avenue
Landscaping
Enterprise
Avenue Public Works Medium High Medium Medium
Water Tanks
Various
Locations Public Works High High High Medium
Parks
Alicia Park
300 Arlen
Drive Park
Benicia Park
7471 Bernice
Avenue Pool
Benicia Pool
7421 Burton
Avenue Park High Medium
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Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
Caterpillar Park
7430 Circle
Drive Park Medium
Colegio Vista
1200
Southwest
Boulevard Park
Dorotea Park
895 Santa
Dorotea Park Park
Eagle Park
1115 Emily
Avenue Park High
Gold Ridge Park
1455 Golf
Course Drive Park High
Golis Park
1450 Golf
Course Drive Park Medium Medium High Medium
Honeybee Park
1170 Golf
Course Drive Park High Medium
Honeybee Pool
1170 Golf
Course Drive Pool High High Medium
Ladybug Park
8517 Liman
Way Park Medium
Magnolia Park
1401
Middlebrook Park
Magnolia Pool
1501
Middlebrook
Way Pool High Medium
Oak Grove Park
(Future) Keiser Avenue Park High High Medium
Rainbow Park
1345 Rosana
Way Park
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Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
Sunrise Park
5201 Snyder
Lane Park Medium High
Twin Creeks
Park Kerry Road Park High Medium
Willow Glen
Park (Future)
Bodway
Parkway Park High
Robert's Lake
5010 Robert's
Lake Road Park High Medium
Rohnert Bark
(Dog Park)
5010 Robert's
Lake Road Park
Field Of Friends
(Dog Park)
7471 Bernice
Avenue Park
Creekside
Multi-Use Paths N/A
Multi-Use
Paths Medium Medium High High High
Municipal Golf
Course (North)
100 Golf
Course Drive Park High Medium Medium Medium
Municipal Golf
Course (South)
100 Golf
Course Drive Park Medium Medium
Non-City
Facilities
California
Highway Patrol
6100 Labath
Avenue State High Medium
SMART Station
N/A (Rohnert
Park
Expressway) Transportation High Medium
Sutter Pacific
1400 Medical
Center Drive Medical Medium Very High Medium
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Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
Kaiser
Permanente
5900 State
Farm Drive Medical High Medium
Rohnert Park
Cancer Center
301
Professional
Center Drive Medical High Medium
Schools
Marguerite
Hahn
Elementary
825 Hudis
Street School Very High Medium
Evergreen
Elementary
1125 Emily
Avenue School Very High Medium
Technology
Middle School
7165 Burton
Avenue School High Medium
Rancho Cotate
High School
5450 Snyder
Lane School Very High High
Monte Vista
Elementary
1400 Magnolia
Avenue School Very High Medium
Lawrence E.
Jones Middle
School
5154 Snyder
Lane School Medium Very High Medium Medium
Richard Crane
Elementary
1290
Southwest
Boulevard School High Medium
John Reed
Elementary
390 Arlen
Drive School High Medium
Waldo Rohnert
Elementary
550 Bonnie
Avenue School High Medium
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Facility Address Facility Type
Flood
(Local)
Flood
(FEMA)
Earthquake
(Shaking)
Earthquake
(Liquefaction) Drought
WUI-
Fire
Technology
High School
1801 East
Cotati Avenue School Very High High
La Fiesta
Elementary
8511 Liman
Way School High Medium
Sonoma State
University
1801 East
Cotati Avenue University Very High High Medium
Credo High
School
1300 Valley
House Drive School Medium Medium Medium
Mobile
Home/RV
Parks
Rancho Verde
650 Rohnert
Park
Expressway
Mobile Home
Park
Very
High
Very
High High Medium Medium
Rancho Grande
5099 Snyder
Lane
Mobile Home
Park Medium Very High Medium Medium Medium
Rancho Feliz
6607 Redwood
Drive
Mobile Home
Park Medium High Medium Medium
Valley Village
6401 Country
Club Drive
Mobile Home
Park High High Medium
Las Casitas
7545 Bridget
Drive
Mobile Home
Park High Medium
Wine Country
RV Park
7450 Cristobal
Way RV Park High Medium
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Table 4.2: Infrastructure Vulnerability and Exposure
Hazard Roads
(miles)
Rail/Transit
(miles)
Total Miles of Infrastructure 130 4
Earthquake Shaking (within highest two shaking categories) 130 4
Liquefaction Susceptibility (within moderate, high, or very high liquefaction susceptibility 130 4
Earthquake-Induced Landslides 0 0
Earthquake Faulting 0 0
Flooding (within 100 year floodplain) 6 0
Flooding (within 500 year floodplain) 5 0
Landslides (within areas of existing landslides) None None
Wildfires (subject to high, very high, or extreme wildfire threat) None None
Wildland-Urban Interface Fire Threat 17 1
Dam Inundation (within inundation zone) <1 0
Potential Impacts to Critical Facilities from Earthquake
Bed Loss in Hospitals
The City of Rohnert Park has two medical facilities; Kaiser Permanente on State Farm Drive and St. Joseph’s Urgent Care Center on
Medical Center Drive. There are a total of eight major medical facilities within Sonoma County. Public service agencies and volunteer
personnel would be used to assist in the care of the injured.
Several of the acute care hospitals in Sonoma County may be lost due to structural damage. In addition, even the most modern
hospitals can be incapacitated by non-structural damage. Earthquake shaking can damage sensitive equipment, topple storage units,
and dislodge ceilings or light fixtures. Damage to water pipes could flood portions of buildings. Damage can be serious, and it can
cause major areas within hospitals to be nonfunctional during the critical hours immediately following a major quake. This will
decrease the number of beds available and create the need for alternate treatment facilities or field hospitals. Although a percentage of
the remaining beds could be made available by discharging or transferring non-emergency patients, it will probably be necessary to
receive an immediate influx of emergency medical aid and/or export some of the seriously injured to out-of-county facilities.
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Building Survivability
An earthquake could shake all parts of the City of Rohnert Park and Sonoma County. Every building in the City is exposed to high
risk of damage in earthquakes by virtue of being located in a seismically active part of the country. Some of these structures face an
elevated risk because they are located in high hazard zones, such as near the fault, on liquefiable soils, or on slopes subject to
landslides. Other structures face high risk because their construction quality is inadequate to withstand strong shaking, primarily
because they were built decades ago before modern building codes were enacted. Some structures house critical City and County
functions, such as emergency response activities, and it is important that these structures remain functional after an earthquake.
Communications
System failure, overloads, loss of electrical power and possible failure of some alternate power systems will affect telephone and
cellular systems. Numerous failures can be expected to occur, and the systems will be overloaded beyond capacity. The anticipated
damage could disable up to 80% of the telephone system for one day. In light of this, emergency planners should not expect the use of
telephone or cellular systems for the first few days after the event.
The City of Rohnert Park and Sonoma County as a whole have a wireless communications network used for public safety and
emergency response. The communications network is used by the County and City agencies, public safety officials and emergency
responders. The network is comprised of remote mountain top communication sites, consisting of towers and equipment buildings,
which provide wireless communications coverage throughout Sonoma County. While the communications system is designed to be
functional even after the loss of one or more antennas, a major earthquake impacting multiple sites could significantly reduce
communications effectiveness.
Electrical Power
Major power plants are expected to sustain some damage due to liquefaction and the intensity of the earthquake. Up to 60% of the
system load may be interrupted immediately following the initial shock. According to representatives of PG&E, electrical power may
not be rerouted, resulting in wide spread outages for an undefined period of time. A great deal of the imported power is expected to be
lost. In areas of greatest shaking, it should be anticipated that some distribution lines, both underground and surface, would be
damaged. Much of the affected area may have service restored in days; areas that suffer extensive damage or have underground
distribution may require a longer time.
Fire Operations
Although total collapse of fire stations is not expected, possible disruption of utilities, twisted doors and loss of power can create
major problems. Numerous fires due to disruption of power and natural gas networks can be expected. Many connections to major
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water sources may be damaged and storage facilities would have to be relied on; water pressure and supply could be inadequate to
non-existent. First response from fire personnel is expected to be damage assessment and determining resources needed for response
and recovery needs. Response could be further complicated and delayed by the disruption of transportation routes.
Secondary responses by the fire service will focus on search and rescue of trapped persons. Rescuers should expect loss of power and
water, jammed doors, restricted mobility due to debris, possible loss of communications capability and delays in reaching maximum
effectiveness due to personnel shortages.
Roads, Highways and Bridges
Many roads in the County of Sonoma traverse areas subject to liquefaction and landslides. Roadways that experience liquefaction can
develop very large cracks that prevent their use, and can develop smaller cracks and sinkholes that impede traffic. Landslides triggered
by earthquakes can both block and rip out sections of roads. Numerous roads will be subject to delays and detours. Damage to freeway
systems is expected to be major, despite seismic upgrades. Portions of surface streets in the vicinity of freeways may be blocked due
to collapsed overpasses. Many surface streets in the older central business district will be blocked by debris from buildings, falling
electrical wires and pavement damage. Local bridges that have not been seismically retrofitted may experience a high percentage of
failure. The failures of major roadways in the county could impact safe routes for mutual aid resources responding to the City of
Rohnert Park.
Sanitation Systems
Many of the wastewater treatment facilities could be disrupted, depending on the severity and intensity of the earthquake and damage
caused by liquefaction. There is a limited amount of storage available in the wastewater treatment plants; if the treatment train cannot
be restored before the storage is exceeded, wastewater will require discharge with emergency chlorination to reduce health hazards.
Overflow of sewage through manholes and from ponds can be expected due to breaks in sewer mains and loss of power. As a result,
there may be danger of excessive collection of explosive gas in sewer mains, and flow of untreated sewage in some street gutters.
Many house sewer connections will break and plug.
Water Supply
Several ruptures are anticipated along the water pipelines in the City and County Areas. A majority of water wells are expected to be
disabled by loss of electricity and the lack of backup power sources. In addition, shear forces could render about a third of the wells
inoperative for an indefinite period. Water availability and distribution for needed life support, to treat the sick and injured and for fire
suppression activities is of major concern to each community.
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Social Vulnerability Analysis
A hazard event has the potential to effect members of the community in varying ways, even if the extent and severity of the hazard is
precisely the same. In some cases, an earthquake event may be more impactful and damaging to persons of lower income, as they are
more likely to lack the financial resources to have retrofitted their home to be more resistant and resilient to ground shaking. A
community member’s vulnerability to a hazard situation could also be affected by other factors such as age, disability status,
education, English proficiency, or other factors. Together, these factors reflect a community member’s vulnerability independent of
the hazard or disaster itself. This is known as social vulnerability.
Table 4.3 Community-Wide Social Vulnerability Metrics
Social Vulnerability Metric Totals
Number of residents 42, 622
Number of households 15,808
Number of households with children 4,363
Median household income $58,317
Percentage of households under the poverty limit 15.2%
Number of elderly households 3,048
Number of adults without a high school diploma 3,072
Percentage of people with limited English proficiency 9.5%
Percentage of households with a disabled family member 12.5%
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MITIGATION AND ADAPTATION STRATEGY
The purpose of hazard mitigation is to reduce potential losses from future disasters. The intent of mitigation planning, therefore, is to
maintain a process that leads to hazard mitigation actions. Mitigation plans identify the natural hazards that impact communities,
identify actions to reduce losses from those hazards, and establish a coordinated process to implement the plan. (44 CFR §201.1(b))
The findings of the vulnerability and risk assessments in the previous chapter were used to develop actions that reduce and/or
eliminate potential losses from relevant hazards.
FEMA Element C: Mitigation Strategy
• C1. Does the plan document each jurisdiction’s existing authorities, policies, programs and resources, and its ability to expand
on and improve these existing policies and programs? 44 CFR 201.6(c)(3)
• C2. Does the Plan address each jurisdiction’s participation in the NFIP and continued compliance with NFIP requirements, as
appropriate? 44 CFR 201.6(c)(3)(ii)
• C3. Does the Plan include goals to reduce/avoid long‐term vulnerabilities to the identified hazards? 44 CFR 201.6(c)(3)(i)
• C4. Does the Plan identify and analyze a comprehensive range of specific mitigation actions and projects for each jurisdiction
being considered to reduce the effects of hazards, with emphasis on new and existing buildings and infrastructure? 44 CFR
201.6(c)(3)(ii) and 44 CFR 201.6(c)(3)(iv)
• C5. Does the Plan contain an action plan that describes how the actions identified will be prioritized (including cost benefit
review), implemented, and administered by each jurisdiction? 44 CFR 201.6(c)(3)(iii) and 44 CFR (c)(3)(iv)
• C6. Does the Plan describe a process by which local governments will integrate the requirements of the mitigation plan into
other planning mechanisms, such as comprehensive or capital improvement plans, when appropriate? 44 CFR 201.6(c)(4)(ii)
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Hazard Mitigation Goals, Priorities, Benefits narrative
The City of Rohnert Park established LHMP mitigation priorities and goals as a component of the planning process in order to guide
the development of a thorough plan. The goals were developed by the planning team and drawn from the previous LHMP and the
City’s General Plan. The mitigation goals and priorities for the LHMP are:
The City’s hazard mitigation goals are intended to develop effective policy choices that protect community members, property,
infrastructure, and natural resources from hazards. These goals shape the mitigation actions taken by the City and the community to
reduce the risks from natural disasters, and act as a checkpoint that City departments can use to check on the progress of mitigation
actions and implementation.
1. Implement the Local Hazard Mitigation Plan to increase Rohnert Park’s level of preparation for potential disasters and
to minimize the impacts associated with natural and man-made hazards.
2. Identify strategies and tools to facilitate community disaster and hazards awareness and education.
3. Provide for the safety of Rohnert Park citizens by maintaining efficient, well-trained, and adequately equipped City
personnel.
4. Encourage a disaster-resistant City and surrounding area by reducing the potential for loss of life, property damage,
and environmental degradation from disasters and hazards.
5. Reduce the vulnerability of public and private facilities and infrastructure to the effects of earthquakes, flooding, and
drought.
6. Promote conditions and strategies that will accelerate the capacity for physical and economic recovery from disasters
and hazards.
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Mitigation Goals and Mitigation Actions Development
The LHMP Team met several times to discuss hazard mitigation goals and hazard mitigation actions. The Team looked at the risks
and vulnerabilities identified in previous sections of this plan. While generally goals did exist with the 2010 Annex, new goals were
formulated and identified for the new LHMP. After mitigation goals were completed, hazards identified and described, and risk
assessed, the LHMP Team prepared draft actions, and revised and prioritized them based on data analysis and local knowledge about
the risks and priorities associated with each hazard. FEMA directs local governments to use the following criteria as part of its
evaluation of mitigation actions:
• The frequency and severity of individual hazard types, and the vulnerability of the community to these hazards
• The impacts reduced or avoided by the action
• The amount of benefits provided by the action
• The critical facilities benefited by the action, including the number of facilities and their importance
• The environmental benefits of the action
Figure 5.1 and 5.2: Mitigation Goals and Mitigation Actions Process
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The LHMP Team also reviewed the proposed mitigation actions in terms of considering of the STAPLE/E (Social, Technical,
Administrative, Political, Legal, Economic, and Environmental) criteria. The team did not conduct a formal SAPLE/E analysis, but
considered these criteria as part of the evaluation process and discussed how the STAPLE/E criteria may be used to evaluate any grant
applications the City of Rohnert Park may submit to assist with LHMP implementation.
Table 5.1 STAPLE/E Criteria
Issue Criteria
Social • Is the measure socially acceptable to City residents?
• Would the measure treat some individuals unfairly?
• Could the measure reasonably cause potential social disruption?
Technical • Is the measure likely to reduce the risk from a hazard, or will it only reduce the consequences of the risk?
• Will the measure create more problems or exacerbate existing ones?
• Is the measure the most useful course of action to address the risk, given the goals of the City?
Administrative • Does the City have the administrative capabilities to implement the measure?
• Is the City’s staff available to coordinate and lead implementation of the measure?
• Does the City have sufficient technical support, staff, and funding for implementation?
• Dos the City face administrative barriers to implementation?
Political • Is the measure politically acceptable to the City and to other jurisdictions within the City’s borders?
• Do community members support beginning and or/continuing measure implementation?
Legal • Does the City have the authority to implement the measure and enforce it as needed?
• Are there potential legal consequences or barriers that could reasonably hinder measure implementation?
• Could the measure expose the City to legal liabilities?
• Could the measure reasonably face legal challenges?
Economic • What are the monetary costs of the measure, and do these costs exceed the monetary benefits?
• What are the start-up, maintenance, and administrative costs associated with the measure?
• Has funding for the measure been secured, or is there a source of funding available?
• How will the measure affect the City’s financial capabilities?
• Will the measure reasonably place any potential burden on the local economy or tax base?
• What are the budgetary and revenue effects of the measure to the City?
Environmental • How will the measure effect the environment?
• Will the measure need environmental regulatory approvals?
• Will the measure reasonably affect any endangered, threatened or otherwise sensitive species?
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2010 Hazard Mitigation priorities and Actions
As the City embarked on the hazard mitigation planning process, the Planning Team reviewed the mitigation priorities and actions
previously prepared and adopted as part of the City’s Annex to the 2010 ABAG LHMP. Appendix D provides the previous mitigation
actions from the 2010 Plan. As part of the planning process in 2010, the actions were written very generally so as to apply to the
region. The newly developed mitigation goals and actions are more carefully tailored to better fit the City’s unique needs. As the new
mitigation actions are more specific it will be easier to measure and track progress towards them going forward.
Hazard Mitigation Cost – Benefit Review
Local governments are required to consider the costs and benefits of a full range of mitigation activities that can be implemented to
reduce the potential effects of a particular hazard within the specific community. Cost-benefit analysis is generally used in hazard
mitigation to provide guidance on whether the benefits to life and property protected through mitigation efforts have the potential
outweigh the costs of the associated mitigation action. The conducting of a cost-benefit review for a particular mitigation activity has
the ability to assist communities in determining whether a project is substantially worth undertaking in order to minimize or even
avoid damages later on.
An LHMP must demonstrate that a process was employed that emphasized a substantial review of the cost-benefits when evaluating
and prioritizing mitigation actions. The cost-benefit review must be comprehensive enough in the way it reviews actions so that it can
sufficiently evaluate the monetary and non-monetary benefits and specific costs that are tied to each action.
Factors to be considered in a cost-benefit analysis:
• How large an area is potentially impacted?
• How many people are expected to benefit from the action?
• How do critical facilities and infrastructure benefit from the action?
• Does such an action make sense for the environment?
The LHMP Team used a simple method to estimate and determine the relative cost of mitigation activities. The following table
identifies the relative cost of mitigation actions, which uses three categories: $ - Indicates Low Cost (<$50,000), $$ - Indicates Medium
Cost ($50,000-$100,000), and $$$ - Indicates High Cost (>$100,000). During the City’s implementing period, and annual review of the
plan, more specific costs will be determined, and the cost-benefit matrix refined as necessary.
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 86
Mitigation Actions
The Rohnert Park LHMP Team utilized data from the Hazard Profiles and Vulnerability Assessment, Capabilities Assessment, and
progress on past actions to formulate Mitigation Actions for the new LHMP. Table 5.2 below identifies the proposed mitigation
actions, who the responsible city department would be, some potential funding sources, the individual action’s overall priority and
goal completion date, which mitigation goal the action fulfills, and the relative cost: $=low, $$=medium, $$$=high.
The following abbreviations are used in the table:
• Dev. Services: Rohnert Park Development Services Department (includes Planning, Engineering, and Building).
• Admin.: Rohnert Park Administration
• Public Safety: Rohnert Park Department of Public Safety (combined police and fire)
• I.T.: Rohnert Park Information Technology
• Public Works: Rohnert Park Department of Public Works
• HMGP: Hazard Mitigation Grant Program
• FMA: Flood Mitigation Grant Program
• PDM: Pre-Disaster Mitigation Grant Program
• FMAG: Fire Management Assistance Grant Program
Table 5.2: Mitigation Actions
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
1. Multiple Hazards - Related Actions
1.1 Continue to apply appropriate
development conditions/restrictions for
projects in higher hazards zones to reduce
risks
Dev. Services,
Public Safety
General
Fund,
HMGP,
PDM, Cost
Recovery
Ongoing High 4 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 87
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
1.2 Continue to analyze and improve
emergency response communication. This
strategy should include building redundant
capacity into public safety alerting, and
answering points as well as replacing or
hardening communication systems. Use the
City website and social media for
community outreach purposes.
Admin.,
Public Safety,
I.T.
General
Fund,
HMGP,
PDM,
FMAG,
Other
Grant
Sources
2019 Low 2, 3, 4 $
1.3 Continue to assess critical facilities that are
vulnerable to damage from natural
disasters, including availability of backup
power and sufficient supplies to maintain
essential functions, and make
recommendations for appropriate
mitigation.
Dev. Services,
Public Safety,
Public Works
General
Fund,
HMPG,
PDM,
Other
Grant
Resources
2018 High 5, 6 $
1.4 Retrofit, replace, or relocate critical
facilities that are shown to be vulnerable to
damage in natural disasters.
Public Works General
Fund,
HMGP,
PDM, Cost
Recovery
Ongoing Moderate 4, 5,6 $$$
1.5 Continue to participate not only in general
mutual-aid agreements, but also in
agreements with adjoining jurisdictions and
special districts for cooperative response to
fires, floods, earthquakes, and other
disasters.
Public Safety General
Fund,
HMGP,
PDM,
Other
Grant
Sources
Ongoing Low 1, 2 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 88
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
1.6 In accordance with the adaptation
strategies of the Sonoma County Climate
Action Plan (SCCAP) continue to regularly
inform, and solicit feedback from City
organizations on potential climate change
risks, and hazards with all departments as
relevant.
Dev. Services,
Public Safety,
Public Works
General
Fund, Cost
Recovery
Ongoing Moderate 2, 4 $
1.7 In accordance with the adaptation
strategies of the SCCAP, revise Rohnert
Park's General Plan, and other applicable
documents to better integrate, and
prioritize climate change issues, and best
practices during required updates and as
funding opportunities permit.
Dev. Services General
Fund, Cost
Recovery
Ongoing High 2, 4, 6 $$
1.8 In accordance with the adaptation
strategies of the SCCAP, integrate climate
change adaptation into future updates of
the Zoning Code and General Plan, and
other related documents.
Dev. Services General
Fund,
Other
Grant
Sources
Ongoing High 2, 4, 6 $$
1.9 Continue to coordinate with Sonoma
County, and surrounding jurisdictions on
emergency notifications, including alerts of
imminent threats or a need to evacuate.
Public Safety General
Fund,
Other
Grant
Sources,
PDM,
HMPG
Ongoing Moderate 1, 2, 3 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 89
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
1.11 To the extent possible, avoid locating new
critical facilities in areas of elevated hazard
risks. Use extensive mitigation measures to
reduce vulnerability if no suitable
alternative site exists.
Dev. Services General
Fund, Cost
recovery
Ongoing Low 4, 5 $
1.12 Continue to work with regional companies
and service agencies, including energy
providers, telecommunications services,
and transit operators, to maintain basic
services as much as possible during
emergency conditions and to restore
services as quickly as possible following an
emergency event.
Public Safety,
Public Works
General
Fund,
PDM,
HMGP
Ongoing Low 4, 5, 6 $
1.13 Work to improve estimates of potential
casualties and property damage as a result
of different emergency situations.
Dev. Services,
Public Safety
General
Fund,
HMPG,
PDM,
Other
Grant
Resources
2019 Low 1, 4, 6 $$
1.14 Continue to update the City's emergency
planning documents to ensure consistency
with state and federal law, local conditions,
best practices, and most recent science and
technology.
Dev. Services,
Public Works,
Public Safety
General
Fund,
General
Plan
Maintena
nce Fund
2018 High 1, 2, 4 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 90
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
1.15 Continue to improve the reliability of the
water supply for emergency response
purposes through new water main
connections and system improvements.
Dev.
Services,
Public
Works,
Public Safety
General
Fund, Cost
Recovery,
Other
Grant
Sources
Ongoing Moderate 4, 5, 6 $$
1.16 Invest in continued training for City staff in
emergency preparedness and response.
All
Departments
Other
Grant
Sources,
PDM,
HMPG
Ongoing Low 3 $$
1.17 Continue to make strategic investments in
modern equipment for City staff.
All
Departments
General
Fund,
Other
Grant
Sources
Ongoing Moderate 2, 3, 6 $$
1.18 Continue to maintain and periodically
update the LHMP.
All
Departments
General
Fund,
PDM,
HMPG
Ongoing High 1, 2 $$
2. Flooding
2.1 Sustain the City's participation in FEMA's
National Flood Insurance program (NFIP).
Dev. Services,
Public Works,
Public Safety
General
Fund,
Other
Grant
Sources
Ongoing High 1, 4, 5, 6 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 91
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
2.2 When FEMA creates, updates, and
publishes flood zone mapping of the 100-
year and 500-year floodplains, quickly
integrate new information from the maps
into the City's GIS, and use flood
information in the development review and
public project review process. In areas with
high flood risk, continue to evaluate, and
implement flood hazard mitigation projects
to reduce potential for property damage,
street flooding, and stream erosion.
Dev. Services,
Public Works
General
Fund,
Other
Grant
Sources
Ongoing High 1, 4, 5 $$
2.3 Continue to analyze pump station
conditions, capacity, and upgrades when
appropriate.
Public Works General
Fund,
Developm
ent Fees
Ongoing Low 3, 4, 5, 6 $$
2.4 Evaluate, monitor, and maintain the City's
storm water drainage system to ensure it
can effectively handle anticipated storm
water volumes to the maximum extent
possible, and make upgrades and repairs as
needed. Coordinate with the Sonoma
County Water Agency to clear debris, and
remove vegetation and sediment in flood
control channels within the City to protect
flow capacity.
Public Works General
Fund,
Other
Grant
Resources
Ongoing Moderate 1, 4, 5 $$
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 92
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
2.5 Continue to pursue grant funding to
complete creek restoration projects that
result in bank stabilization, enhanced
habitat, and flood capacity.
Public Works,
Dev. Services
Other
Grant
Resources
Ongoing Low 4, 5 $$
2.6 Retrofit public areas, including plazas,
sidewalks, and parking lots as feasible, to
use permeable paving and other low-
impact development features that promote
infiltration, and reduce storm water runoff.
Public Works General
Fund,
Other
Grant
Resources
Ongoing Low 4, 5 $$$
2.7 Continue to pursue project to mitigate
downstream flooding through the
preservation, and construction of regional
drainage basins.
Public Works,
Dev. Services
General
Fund,
Developm
ent Fees,
Other
Grant
Sources
Ongoing Moderate 5 $$
3. Seismic Hazards (Shaking)
3.1 Consider the development of funding
mechanisms to assist building owners’
affordability of retrofits to unreinforced or
retrofitted structures.
Dev. Services TBD TBD Low 2, 4, 5 $$
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 93
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
3.2 Require the retrofit of seismically
vulnerable structures consistent with City
Code at the time of major renovations or
redevelopment. This program should
include community education and
outreach.
Dev. Services General
Fund
Ongoing Low 4, 5, 6 $$
3.3 Identify/analyze sewer and water lines that
are determined to be structurally deficient,
and retrofit and replace as necessary.
Public Works General
Fund,
Developm
ent Fees,
HMPG,
PDM,
Other
Grant
Resources
2019 Low 5, 6 $$$
3.4 Conduct seismic evaluations of City-owned
properties that contain critical
facilities/operations to determine the need
for upgrades/retrofitting.
Dev. Services,
Public Works
TBD 2019 Moderate 1, 3, 4, 5 $$$
4. Geologic Hazards (Liquefaction)
4.1 Require comprehensive geotechnical
investigations prior to development
approval, where applicable. Investigations
shall include evaluation of liquefaction
potential, settlement, seismically induced
land-sliding, or weak and expansive soils.
Dev. Services Developm
ent Fees
Ongoing Moderate 1, 4, 5 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 94
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
4.2 Restrict development from areas where
people might be adversely affected by
natural or man-made geologic hazards,
including unstable slopes, liquefiable or
expansive soils, and poorly engineered fills,
as determined by a California-registered
geologist or engineer.
Dev. Services General
Fund,
General
Plan
Maintena
nce Fund
Ongoing High 4, 5, 6 $$
4.3 Pursue implementation of regulatory
requirements related to erosion and
sediment control. As needed, adopt
additional, mandatory, minimum sediment
and erosion control measures for current
properties, and those under construction
that exhibit high erosion potential or have
experience past erosion problems.
Sediment and erosion control measures
shall reduce soil erosion from primary
erosional agents including wind,
construction operations, and storm water
runoff.
Dev. Services TBD 2019 Low 5 $$
4.4 Identify grant programs, and other funding
opportunities to retrofit soft-stories.
Dev. Services TBD 2019 Low 4, 5 $$
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 95
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
5. Hazardous Materials
5.1 Provide reliable water delivery, and
wastewater collection during, and after
disasters to reduce the risk to public health,
and the environment.
Public Works General
Fund,
Other
Grant
Resources
,
Developm
ent Fees
Ongoing High 4, 5, 6 $$$
5.2 Generate, and support public awareness,
and participation in household waste
management, control, and recycling.
Public Safety General
Fund,
Other
Grant
Resources
Ongoing Low 1, 2 $
5.3 Continue to improve the capabilities of the
Public Safety Department to respond to
new hazardous material
incidents/emergencies.
Public Safety General
Fund,
Other
Grant
Resources
Ongoing Moderate 1, 2, 3 $$
5.4 Update the HazMat Response Plan. Public Safety General
Fund,
Other
Grant
Resources
2019 Low 2, 4, 6 $$
5.5 Develop strategies to enhance protection
of existing groundwater resources from
hazardous material sites.
Public Safety,
Public Works
TBD 2018 Moderate 2, 4, 5 $$
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 96
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
5.6 Continue to improve outreach to
businesses that store, handle, and use
hazardous materials over the state
threshold or generate hazardous waste.
Public Safety,
Public Works
General
Fund,
HMPG,
PDM,
Other
Grant
Resources
Ongoing Low 1, 2, 4 $
6. Drought
6.1 Continue to participate in the Russian River
Watershed Association to provide water
conservation guidance, encourage drought-
tolerant landscaping, and reduce the
consumption of potable water.
Public Works General
Fund
Ongoing Low 1, 2, 4 $
6.2 Continue to wisely use, where available,
water resources from the recycled water
system.
Dev. Services,
Public Works
General
Fund,
Developm
ent Fees
Ongoing High 4, 5 $$
6.3 Develop a plan for expediting the repair,
and functional restoration of water, and
wastewater systems through the
stockpiling of materials, temporary pumps,
surface pipelines, portable hydrants, and
other supplies.
Public Works TBD 2019 Low 5, 6 $$
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 97
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
6.4 Host regular workshops, and classes on
water conservation strategies, including
drought-tolerant landscaping. Available
rebates for water conservation, and water
efficiency actions. Continue workshops,
classes and other education efforts even in
the absence of drought conditions.
Public Works General
Fund,
Other
Grant
Resources
TBD Low 1, 2, 4 $
7. Dam Inundation
7.1 Utilize mapping tools to better understand
potential impacts of dam failure on the
recently annexed Northwest Specific Plan
Area and areas along creeks west of
Highway 101 that drain in to the Laguna de
Santa Rosa.
Public Works,
Development
Services
General
Fund, CID,
Other
Grant
Resources
2019 Moderate 4, 5 $
8. Landslides and Earthquake Faulting
8.1 Prepare a report based on mapping
activities documenting potential secondary
impacts of landslides and earthquake fault
ruptures on transportation infrastructure,
utilities, and communications facilities that
service Rohnert Park.
Public Works,
Development
Services
General
Fund
2019 Low 4, 5 $$
8.2 Assess the potential impact of fire damage
triggered landslides and debris on property
and streams within the City of Rohnert Park
Public Works,
development
Services
Other
Grant
Resources
2018 High 4, 5 $
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 98
Mitigation Action Responsible
Department
Potential
Funding
Sources
Target
Complete
Date
Priority Mitigation
Goal
Relative
Cost
9. Wildland-Urban Interface Fire
9.1 Continue to monitor the Wildland-Urban
Interface areas of the City, and develop
maps and materials as a part of plan to
mitigate exposure to current and future fire
risks.
Public Safety,
Dev. Services
FMAG,
Other
Grant
Resources
2018 High 1, 4, 5 $$
9.2 Map properties that were impacted by the
October 2017 fires, either directly, or
through Emergency Operations activities,
and assess needs and methods for future
access and emergency response.
Public Safety,
Public Works,
Dev. Services
FMAG,
Other
Grant
Resources
2018 High 1, 4, 5 $
9.3 Assess what additional equipment,
resources, or authority may be needed to
mitigate the risk of future fire emergencies,
and to respond effectively in the event one
occurs.
Admin.,
Public Safety,
Public Works,
Dev. Services
FMAG,
General
Fund,
Other
Grant
Resources
2018 High 1, 4, 5 $$
$ Indicates Low Cost (<$50,000)
$$ Indicates Medium Cost ($50,000-$100,000)
$$$ Indicates High Cost (>$100,000)
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 99
Implementation of Select Mitigation Actions
Stream Maintenance to Reduce Flooding Impacts: In Rohnert Park,
the Sonoma County Water Agency (SCWA) performs periodic channel
maintenance activities which may include sediment removal, debris
removal, and vegetation maintenance. Though initially designed and
built as constructed channels to move stormwater and other runoff
through and away from developed land, the waterways that traverse the
City are thought of by many as creeks -- assets with value beyond
storm water conveyance. Responding to this changing approach,
SCWA is moving away from the dredging and clearing activities of the
past, and has developed a Stream Maintenance Program that is its new
channel maintenance strategy.
Rohnert Park’s Low Impact Development Strategy: Low Impact
Development (LID) is defined as a design strategy to maintain or
reproduce the way storm water infiltrates or runs off a site before
development occurs. LID principles control storm water runoff by
using small scale landscape based features that are distributed
throughout the site. Projects designed following LID principles must maintain the undeveloped volume of storm water runoff and
mimic the natural water balance through infiltration, evapo-transpiration, or through capture and reuse of storm water.
LID is intended to minimize the impact of development —our buildings, roads, parking lots, driveways— on our watersheds. LID
correlates the relationship between storm water runoff and the land, including our built environment. LID techniques lessen the
quantity of runoff and improve its quality by "slowing, spreading, or sinking" runoff on the site as much as possible. Slowing down
storm water runoff keeps the water in the channels from rising too high and too fast and devastating communities downstream.
Spreading does the same, helping to dissipate the storm water's power. Sinking means infiltrating water through soil, which cleans the
water and recharges the groundwater table.
The City's MS4 permit requires compliance with the City of Santa Rosa and County of Sonoma's LID Technical Design Manual
(dated August 2011). Adherence to these guidelines requires new development projects to incorporate LID design strategies and
BMPs to reduce pollutants in runoff to the maximum extent practicable. The LID manual was updated and in effect as of 2017.
Figure 5.3: 2017 SCWA Stream Maintenance
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 100
Capabilities Assessment
An LHMP is required to conduct a capabilities assessment to
identify local personnel, agencies, and resources that have the
capability and capacity to assist with and support hazard
mitigation activities. The LHMP Planning Team identified
and defined known local resources available to the City of
Rohnert Park. Many of these resources were used or consulted
in the development of this LHMP. They are briefly
summarized in Table 5.3 below.
Rohnert Park’s capabilities are, like any governmental
jurisdiction, constantly undergoing refinement and
improvement. The new Westside Fire Station, which has been
approved and is expected to break ground in 2018 will be a
significant upgrade in the physical resources available to the
City in terms of hazard preparedness and emergency response.
Table 5.3: Available Resources
Resource Type Background and Capacity Further Information
City of Rohnert Park
Building Code Policy
Document
Provides a guidance and framework for the
construction and maintenance of structures
within the City in conformance with the
International Building Code. Specifically
formulated to mitigate seismic and fire hazards.
http://www.rpcity.org
Zoning Code Policy
Document
Primary tool to serve as the implementing
document of the General Plan. It sets specific
land use regulations and includes the zoning map
for the City. The zoning code is supplemented by
Specific Plans, and also includes a Form Based
Code for Sonoma Mountain Village
http://cityofrohnertpark.hosted.civiclive.com
Figure 5.4: Approved Westside Public Safety Station
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 101
Resource Type Background and Capacity Further Information
General Plan Policy
Document
This is the principal policy document that guides
development and ongoing evolution in Rohnert
Park. The General Plan includes programs and
policies pertaining to land use, housing, and
natural resources. This is the current 8th Edition
of the General Plan that was completed in 2000.
A new General Plan process is expected to start in
early 2018. Hazard data and mitigation activities
described in the LHMP can incorporated in to the
General Plan.
http://www.rpcity.org
Fire Code Policy
Document
The Fire Code of the City of Rohnert Park
provides guidance that complies with the
International Fire Code. The code is recognized
for its ability to mitigate fire hazards.
http://www.rpcity.org
Building Code Policy
Document
Specified how new structures can be built. It
includes the California Building Code in addition
to any amendments made by the City. Mitigation
actions may involve amending the Building Code
to improve a building’s safety or structural
stability.
http://www.rpcity.org
Zoning Code Policy
Document
Is responsible for the practical implementation of
the General Plan. Specifies the physical makeup
of the City. Mitigation actions may involve
amending the Zoning Code to create a safer
community.
http://www.rpcity.org
Emergency
Management
Plan
Policy
Document
The Emergency Management Plan was prepared
in 2012 and outlines the City’s response and
procedures in the event of natural or man-made
hazards.
http://www.rpcity.org
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 102
Resource Type Background and Capacity Further Information
Capital
Improvement
Program (CIP)
Policy
Document
The capital Improvement Program is the City’s
primary method for upgrading and maintaining
critical infrastructure. The CIP is a key vehicle for
implementing actions from the LHMP.
http://www.rpcity.org
Administration Personnel
Resource
Rohnert Park’s administrative unit handles
finance, personnel, and overall
administration/management.
http://www.rpcity.org
Public Safety Personnel
Resource
The department, which combines the functions
of police and fire, conducts emergency
preparedness activities for the community.
Mitigation activities related to emergency
preparedness can be implemented by the
department.
http://www.rpcity.org
Public Works Personnel
Resource
The department is responsible for the
construction and maintenance of the City’s
physical infrastructure.
http://www.rpcity.org
Development
Services
Personnel
Resource
The department, which encompasses planning,
engineering, and building, may be responsible for
mitigation activities related to its functions.
http://www.rpcity.org
Sonoma County
Emergency
Council
County
Resource
Is responsible for the revision and maintenance
of the Sonoma County Emergency Plan. Is also
responsible for the implementation of mutual aid
agreements throughout the county.
http://sonomacounty.ca.gov/Emergency-Council/
Fire Prevention
Division
County
Resource
Is responsible for programs, procedures, and
projects for preventing the outbreak of fires in
the unincorporated areas of the county which
may impact populations, resources, and urban
areas.
http://sonomacounty.ca.gov/FES/Fire-Prevention/
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 103
Resource Type Background and Capacity Further Information
Sonoma
County Water
Agency (SCWA)
Agency
Resource
The SCWA is responsible for maintaining over 75
miles of streams throughout Sonoma County and
provides flood protection for facilities in the
county. The SCWA is also the controlling agency
for the water supply system throughout much of
Sonoma County.
http://www.scwa.ca.gov/
Sonoma
County General
Plan
Policy
Document
The Sonoma County General Plan, like Rohnert
Park’s, is the guiding document for the evolution
of the county.
http://sonomacounty.ca.gov
Sonoma
County Hazard
Mitigation Plan
Policy
Document
The Sonoma County Plan provided general
background information for the development of
the Rohnert Park LHMP.
http://www.sonoma-county.org/prmd/docs/hazard-
mitigation-update/
Santa Rosa
Hazard
Mitigation Plan
Policy
Document
The newly approved Santa Rosa Hazard
Mitigation Plan served as a primary resource and
guide for the development of the Rohnert Park
LHMP.
https://srcity.org/540/Local-Hazard-Mitigation-Plan
SCWA Urban
Water
Management
Plan
Agency
Resource
Is a long-range planning document to aid cities in
Sonoma County to help plan for services and
emergencies through 2035. The plan includes
projections for water demands and supplies.
http://www.scwa.ca.gov/
Sonoma
County Climate
Action Plan
Advisory
Document
The Sonoma County CAP, developed by the
Regional Climate Protection Authority was
developed in coordination with all major
jurisdictions in the County. However, prior to
formal adoption by all jurisdictions, the
document was challenged in court and found to
have been inadequate in its full scope to address
GHG emissions. The document is now merely
advisory but includes many useful policies and
recommendations.
https://rcpa.ca.gov/
CITY OF ROHNERT PARK - 2017 LOCAL HAZARD MITIGATION PLAN
ROHNERT PARK - LHMP 104
Resource Type Background and Capacity Further Information
SCWA Hazard
Mitigation Plan
Agency
Resource
The Sonoma County Water Agency, similar to the
City of Rohnert Park, must develop and publish a
hazard mitigation plan, to be updated every five
years.
http://www.scwa.ca.gov/
Regional Resources
Association of
Bay Area
Governments
Agency
Resource
Serves as the primary vehicle for Regional
Governance and research particularly in regards
to planning, land use, hazards, and climate
change.
https://www.abag.ca.gov/
Metropolitan
Transportation
Commission
Agency
Resource
Coordinates the planning of major transportation
infrastructure improvements throughout the San
Francisco Bay Area including within Sonoma
County.
http://mtc.ca.gov/
Pacific Gas and
Electric
Technical
Resource
The Pacific Gas and Electric Company (PG&E)
owns the electricity and natural gas transmission
and distribution system in and around Rohnert
Park. It also provides natural gas service and
some electrical service to the community. PG&E
can work with the City to reduce the vulnerability
of energy infrastructure to natural hazards and to
reduce the likelihood of their infrastructure
triggering or exacerbating a hazard.
https://www.pge.com
State and Federal Resources
California
Department of
Transportation
State
Resource
State agency charged with upkeep and
development of California’s roads and bridges.
http>//www.dot.ca.gov/
Office of
Planning and
Research
State
Resource
Constitutes the state planning agency and is
responsible for research and guidance in a
number of different planning areas.
http://www.opr.ca.gov/
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Resource Type Background and Capacity Further Information
California
Office of
Emergency
Services
State
Resource
Cal OES performs its broader mission by
administering numerous programs that support
our stakeholders, protect our communities, and
help create a resilient California.
http://www.caloes.ca.gov/
State Hazard
Mitigation Plan
Policy
Document
State document that provides guidance at a state
level on mitigation actions to reduce the
vulnerability of the state and its citizens from
hazards.
http://www.caloes.ca.gov/for.../hazard-mitigation-
planning/state-hazard-mitigation-plan
National
Weather
Service (NWS)
Federal
Resource
Decision support program that improves
forecasts and interpretations and helps to make
more informed decisions.
http://www.weather.gov/
Federal
Emergency
Management
Agency
Federal
Resource
General guidance for hazard mitigation planning
processes and resources.
https://www.fema.gov/
Cal-Adapt Technical
Resource
This tool provides estimates of future climate
conditions for locations throughout California,
incorporating the expected impacts of climate
change. Cal-Adapt is a resource for understanding
how climate change may affect natural hazards.
http://cal-adapt.org
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Additional Capabilities – WUI Fire Response
Much of the County’s unincorporated area is designated by the State Board of Forestry as “State Responsibility Areas” (SRA).
California Department of Forestry and Fire Protection (CDFFP) provides “primary” wild land fire protection in these areas. While the
SRA designation implies that only CDFFP provides protection for these areas, local fire districts and Community Services Areas
(CSA) also assist with protecting and responding to fires in them. Technically, a fire district/community services area (CSA 40) that
has SRA lands within it is responsible for providing fire protection to structures, and other improvements. In practice, when a wild
land fire occurs in SRA, a mutual aid system is in place that immediately responds CDFFP fire resources as well as local fire
resources.
Redwood Empire Dispatch Communications Authority (REDCOM) is responsible for notifying local fire resources and CDFFP’s
Sonoma/Lake/Napa Emergency Command Center dispatches CDFFP resources.
Ground fire resources are augmented by CDFFP’s helicopter stationed at Boggs Mountain in Lake County and two air tankers based at
the Sonoma Air Attack Base at the Sonoma County Airport. The Sheriff’s Helicopter Unit (Henry One) is equipped with a 150-gallon
water-dropping bucket that can also assist in the effort when other resources are not available.
Sonoma County’s 40 plus fire agencies have signed a countywide mutual aid agreement to insure that firefighting resources and
personnel will be available to combat a wild land/urban interface fire. If these resources are not enough to meet the threat, fire
resources from throughout California can be summoned under the State’s Master Mutual Aid Agreement administered by the
Governor’s Office of Emergency Services.
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PLAN MAINTENANCE AND ADOPTION PROCESS
FEMA Element D: Plan Review, Evaluation and Implementation
• D1. Was the plan revised to reflect changes in development? 44 CFR 201.6(d)(3)
• D2. Was the plan revised to reflect progress in local mitigation efforts? 44 CFR 201.6(d)(3)
• D3. Was the plan revised to reflect changes in priorities? 44 CFR 201.6(d)(3)
FEMA Element E: Plan Adoption
• E1. Does the Plan include documentation that the plan has been formally adopted by the governing body of the jurisdiction
requesting approval? 44 CFR 201.6(c)(5)
It is of crucial importance that this LHMP is up to date, as this will help ensure that Rohnert Park continues to be protected against
hazards and eligible for state and federal mitigation funding. The Plan’s structure allows the City to easily update individual sections
as information becomes available and as needs arise. This will help ensure that the Plan remains current.
Coordinating Group
Maintaining and updating the LHMP is the primary responsibility of the Rohnert Park LHMP Team. The primary departments to
oversee this process are Development Services, Public Safety, and Public Works, under the direction of the LHMP project manager.
The LHMP project manager will function to coordinate the general maintenance of this plan, conduct the formal review process, and
prepare updates to the plan.
Incorporation into Existing Planning Mechanisms
The City has several planning mechanisms:
• General Plan (including Safety Element)
• Specific Plans
• Zoning Ordinance
• Building Code
• Capital Improvements Plan
The City has a Safety Element in its General Plan that includes a discussion of fire, earthquake, flooding, and landslide hazards. In
addition, the City enforces the requirements of the California Environmental Quality Act (CEQA), which, since 1988, requires
mitigation for identified natural hazards. The City has used these pre-existing programs as a basis for identifying gaps that may lead to
disaster vulnerabilities in order to work on ways to address these risks through mitigation.
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The Design Review Committee (DRC) will continue to evaluate ways in which mitigation strategies identified in this planning process
can be incorporated into other projects going on within the City to support risk reduction across a broad range of projects and plans.
Plan Update Process
As required by the Disaster Mitigation Act of 2000, the City of Rohnert Park will update this plan at least once every five years, while
continuously collecting, and analyzing new data by the LHMP Team.
The City of Rohnert Park Planning Department will ensure that monitoring of the LHMP will occur. The plan will be monitored on an
on-going basis. However, any major disasters affecting our City, legal changes, notices from ABAG or Cal OES and other triggers
will be used. Finally, the LHMP will be a discussion item with the meeting of department managers at least once a year in April. At
that meeting, the department heads will focus on evaluating the LHMP in light of technological and political changes during the past
year or other significant events. The department managers will be responsible for determining if the plan should be updated. The
public will continue to be involved whenever the plan is updated and as appropriate during the monitoring and evaluation process.
Prior to adoption of updates, the City will provide the opportunity for the public to comment on the updates. A public notice will be
posted prior to the meeting to announce the comment period and meeting logistics.
Subsequent to this plan’s adoption, a process will kick-off in early 2018 to update priorities, threat analysis, and mitigation
activity sections pertaining to Wildland-Urban Interface fires subsequent to the October 2017 Sonoma County Fire event.
Adoption
The Rohnert Park City Council is the primary group responsible for adopting and updating the plan. Re-adoption should occur every
five years. After the plan has been adopted by the City Council, the Rohnert Park Department of Development Services will be
responsible for transmitting the adopted version to Cal OES and FEMA for their records.
Implementation
The effectiveness of the Plan depends on the implementation of the mitigation actions it contains, including how mitigation actions are
incorporated into existing City plans, policies, and programs. The mitigation actions in the Plan are intended to reduce the loss and
damage from hazard events and to provide a framework for hazard mitigation activities for the City to carry out over the Plan’s
lifetime. The City has prioritized the goals and actions in the Plan, to be implemented through existing mechanisms as the resources to
do so are available. The information in this Plan, including the hazard profiles, the risk and vulnerability analysis, and the mitigation
actions, are based on the best available information, technology, methods, and practices available to the Plan authors as the time this
Plan was prepared.
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Local Hazard Mitigation Plan Points of Contact
Primary Contact:
Name: Zach Tusinger
Title: Planner II
Mailing Address: 130 Avram Avenue
Telephone: (707) 588-2231
Email: ztusinger@rpcity.org
Alternate Point of Contact:
Name: Jeff Beiswenger, AICP
Title: Planning Manager
Mailing Address: 130 Avram Avenue
Telephone: (707) 588-2253
Email: jbeiswenger@rpcity.org
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TECHNICAL APPENDICES AND DOCUMENTS
Appendix A – Acronyms, Abbreviations, and Glossary
Appendix B – Planning Process Documents
Appendix C – Mapping
Appendix D – 2010 ABAG Annex
Appendix E – Supplemental Materials
Appendix F – Plan Review
Local Hazard Mitigation Plan
City of Rohnert Park
City Council
November 28, 2017
1
Mitigation v. Preparedness
1.Reduce or prevent
disasters
2.Develops actions to
reduce or eliminate risk
from future hazard events
3.Identifies implementation
priorities based on in
depth local hazard
assessment
1.Responsive to disasters
2.Establishes overall operational
concepts
3.Details emergency
management for any significant
emergency or disaster
Hazard Mitigation Emergency Preparedness
2
Initial Community Feedback
3
1.Major concerns: earthquakes, drought, flooding
2.Particular concerns about mobile home parks
3.Memories of 2014 Napa Earthquake,
2005 flood, and Loma Prieta Earthquake
Mitigation Goals
4
1.Implement Plan
2.Identify strategies and tools to facilitate awareness
and education
3.Provide for safety by maintaining and investing in staff
4.Encourage a disaster-resistant city
5.Reduce vulnerability of public and private
infrastructure
6.Promote conditions and strategies to accelerate
physical and economic recovery
Hazard Identification
Avalanche Flooding Seismic
Hazards
Climate
Change
Geologic Hazards Winter Storms Coastal Erosion Hail
Tornado HazMat Tsunami Dam Failure
Volcano Hurricane Wildfire Ice Storm
Windstorm Liquefaction Extreme Heat Sea Level Rise
Fault Rupture Landslide Drought Coastal Storm
5
6
Scores and Threat Levels for Included Hazards
Hazard Probability Location Primary
Impact
Secondary
Impact
Total Score Threat Level
Dam Failure 1 1 1 1 4.2 Low
Drought 4 4 3 3 54.4 High
Earthquake 4 4 4 4 64.0 High
Flooding 3 2 3 3 31.2 Medium
HazMat 1 1 1 1 4.2 Low
Landslide 1 1 1 1 4.2 Low
Liquefaction 1 2 1 1 5.6 Low
Wildfire 3 4 3 3 40.8 Medium
7
8
9
Flooding
10
11
12
13
14
Recommended Mitigation
Actions
15
•Continue regional cooperation
•Avoid locating new facilities in hazard areas
•Invest in training and equipment
•Invest in and maintain stormwater system
•Retrofit public areas and facilities
•Research private retrofitting programs
•Continue to promote public awareness
Recommended Mitigation
Actions
16
•Identify grant opportunities
•Update the HazMat Response Plan
•Continue to utilize the recycled water system
•Assess impact of landslides and runoff from fire areas
•Continue annual fire mitigation of properties
•Prepare new maps of properties at high risk of fire
•Research additional authority to mitigate fire risk
Next Steps
17
City Council Adoption
Cal OES and FEMA final review and approval
Implementation –Ongoing
Annual Plan Maintenance
Comprehensive Fire Evaluation and Update (2018)
Formal update every five years
Recommendation
◦Adopt the City of Rohnert Park 2017 Local Hazard
Mitigation Plan
18
ITEM NO. 12
1
Meeting Date: November 28, 2017
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Agenda Title: Selection of City Council Officers for 2018 - Consideration of Nomination
and Selection of Mayor and Vice Mayor
RECOMMENDED ACTION: Select the Mayor and Vice Mayor for one (1) year terms
commencing at the first regular meeting in December 2017.
BACKGROUND: City Council Protocols Section I.H.3 states, “The Mayor and Vice Mayor
will be elected by three (3) affirmative votes of the City Council. In years when members of the
City Council are to be elected, the City Council shall consider the election of a Mayor and Vice
Mayor for one (1) year terms at the first regular meeting after certification of the general election
results has been received by the City. In years when no members of the City Council are to be
elected, the City Council shall consider the election of the Mayor and Vice Mayor for one (1)
year terms at the second regular meeting in November of each year or no later than the
succeeding meeting.”
ANALYSIS: There was no election for the 2017 year. The Mayor and Vice Mayor will be
elected by three (3) affirmative votes of the City Council. The City Council shall consider the
election of the Mayor and Vice Mayor for one (1) year terms at the second regular meeting in
November of each year.
STRATEGIC PLAN ALIGNMENT: This item aligns with the City’s Strategic Plan Goal A &
C by facilitating participative leadership at all levels while also ensuring the effective delivery of
public services.
OPTIONS CONSIDERED: Staff recommends nomination and selection of Mayor and Vice
Mayor. No other options were considered as these actions are initiated by the City Council
Protocols.
FISCAL IMPACT/FUNDING SOURCE: None.
Department Head Approval Date: NA
City Manager Approval Date: 11/20/2017
Finance Director Approval Date: NA
City Attorney Approval Date: NA
Attachments (list in packet assembly order):
1. City Council Protocols Section I.H.3.
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
City Council Protocols Page 3 of 27
Amended 12/13/2016 by Reso. No. 2016-115
3. Election of Council Officers
The Mayor and Vice Mayor will be elected by three (3) affirmative votes of
the City Council. In years when members of the City Council are to be
elected, the City Council shall consider the election of a Mayor and Vice
Mayor for one (1) year terms at the first regular meeting after certification of
the general election results has been received by the City. In years when no
members of the City Council are to be elected, the City Council shall consider
the election of the Mayor and Vice Mayor for one (1) year terms at the second
regular meeting in November of each year or no later than the succeeding
meeting.
I. Attendance by the Public
Except as specifically provided by law for closed sessions, all meetings of the
Council will be open and public in accordance with the terms, provisions and
exceptions consistent with the Ralph M. Brown Act (Government Code sections
54950, et seq.).
J. Agenda Packets
The City Council agenda packet, including all reports, communications,
ordinances, resolutions, contracts, documents, or other matters to be considered
by the City Council at the regular meeting, will be delivered to members of the
City Council no later than the Thursday preceding the Tuesday Council meeting
to which the agenda packet pertains. Friday delivery is allowed with City
Manager approval. The agenda packet will be made available for public
inspection upon its distribution to the City Council. 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 public inspection at City Hall during
normal business hours.
K. Action Minutes
Minutes of Council meetings will be action minutes. Action minutes will include
final motions and will note for the record how each Councilmember voted. The
minutes will also reflect the names of public speakers. Council and staff
discussion and comments will not be included in the minutes. The City Clerk will
have exclusive responsibility for preparation of the minutes and directions for
corrections to the minutes will be made only by majority vote of the City Council.
1. Written Comments for the Record
Written comments by a Councilmember may be read “for the record” and
submitted to the City Clerk to be placed on file with archives of agenda items
and, if requested, attached to the original set of minutes.
2. Reading of the Minutes
Unless the reading of the minutes of a Council meeting is ordered by a
majority vote of the Council, the minutes may be approved without reading if
the City Clerk has previously furnished each Councilmember with a copy.