2017/12/12 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, December 12, 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 December 12, 2017
for City Council/RPFA/CDC Successor Agency Page 2 of 4
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
4. DEPARTMENT HEAD BRIEFING
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, October 24, 2017
2. City Council/RPFA/Successor Agency Joint Regular Meeting, November 28,
2017
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated December 12, 2017
2. City- Cash Report for Month Ending October 2017
3. Report of Councilmember Ahanotu’s Appointment of Cyrel Tramel to the Sister
Cities Relations Committee – Term Commencing January 1, 2018 and Expiring
December 31, 2018
C. City Council Resolutions for Adoption:
1. 2017-141 Authorizing the City Manager to Execute Caltrans Right of
Way Relinquishment No. 56124, and to Accept the Parcel of
Land that is the Intersection of Redwood Drive and Commerce
Boulevard
2. 2017-142 Authorizing and Approving a Grant of Trail Easement
Agreement with Vast Oak East LP for a Portion of the
Hinebaugh Creek Trail Located Within the Vast Oak East
Development
3. 2017-143 Endorsing the Rohnert Park Senior Center Accessibility
Improvements for Submittal of FY 2018-2019 Community
Development Block Grant Funding Application
City of Rohnert Park Joint Regular Meeting Agenda December 12, 2017
for City Council/RPFA/CDC Successor Agency Page 3 of 4
D. Ordinance for Adoption:
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
Council Motion/Roll Call Vote
(Ahanotu __ Belforte__ Callinan __ Stafford __ Mackenzie __)
7. Informational Presentation by Laulima Development Regarding Redevelopment
of the Former State Farm Campus
A. Staff Report
B. Public Comments
C. Council discussion/direction
8. ADOPTION OF ORDINANCE – Consideration of 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. Staff Report
B. Public Comments
C. Ordinance for Adoption:
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 __)
9. CEREMONY FOR INSTALLATION OF OFFICERS FOR THE YEAR 2018
A. Reflections 2017
1. Year’s Highlights (slide show)
2. Councilmembers’ Comments
3. Mayor’s Comments
B. Presentation to Mayor Jake Mackenzie for 2017 Year as Mayor
C. Installation of Mayor Pam Stafford and Vice Mayor Joseph T. Callinan for 2018
D. Vision 2018
1. Mayor’s Comments
2. Councilmembers’ Comments
10. ADJOURNMENT
REFRESHMENTS FOLLOWING THE CITY COUNCIL MEETING
City of Rohnert Park Joint Regular Meeting Agenda December 12, 2017
for City Council/RPFA/CDC Successor Agency Page 4 of 4
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
December 12, 2017, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available
for review on December 7, 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 7th day of December, 2017, at Rohnert Park, California.
___________________________________________
Caitlin Saldanha, Deputy City Clerk
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, October 24, 2017
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the joint regular meeting to order at 5:02 pm, the notice for which being
legally noticed on October 19, 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, Deputy City Attorney Rudin, 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, Senior Analyst Tacata, Planning Manager Beiswenger, and City Clerk
Buergler.
2. PLEDGE OF ALLEGIANCE
Led by Mayor Mackenzie.
3. PRESENTATIONS
A. Presentation of American Council Engineering Companies (ACEC) Award for
Eastside Trunk Sewer Project
Jim Winter, GHD Principal Engineer, presented Development Services staff with the
award.
4. DEPARTMENT HEAD BRIEFING
A. Development Services: Downtown Form-Based Code Charrette on November 6th
through November 9th (Monday – Thursday)
Planning Manager Beiswenger provided the update.
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 7
5. PUBLIC COMMENTS
None.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council Special Meeting, October 4, 2017
2. City Council/RPFA/Successor Agency Joint Regular Meeting, October 10, 2017
B. Acceptance of Reports for:
1. 2017 Alcohol Beverage Service Ordinance (ABSO) Annual Report
2. City Bills/Demands for Payment dated October 24, 2017
3. RPFA- Cash Report for Month Ending September 2017
4. Housing Successor Agency- Cash Report for Month Ending September 2017
5. Successor Agency- Cash Report for Month Ending September 2017
6. City- Cash Report for Month Ending July 2017
7. City Councilmembers Quarterly Expense Report (July, August, September)
C. City Council Resolution for Adoption:
1. 2017-124 Terminating the Existence of a Local Emergency
2. 2017-125 Authorizing the City Manager to Execute an Easement Agreement
with the Sonoma County Water Agency and Related Actions
3. 2017-126 Approving Elimination of a Temporary Part-Time Technical Advisor
and a Temporary Part-Time Information Systems Assistant and
Addition of a Regular Full-Time Information Systems Technician I in
the Information Systems Department
4. 2017-127 Authorizing the City Manager to Execute Amendment 1 to Task
Order 2017-01 with Green Valley Consulting Engineers for
Construction Management and Inspection Services for the University
District Project and Related Actions
D. Authorize the City Manager to Execute Assignment and Assumption Agreements for
the Vast Oak East and Vast Oak North Portions of the University District
E. Authorize the Purchase of Four (4) Utility Police Vehicles for the Department of
Public Safety not to exceed $180,000 and Authorize the City Manager to Execute
Purchase Documentation (PULLED by Ahanotu)
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.
E. Authorize the Purchase of Four (4) Utility Police Vehicles for the Department of Public
Safety not to exceed $180,000 and Authorize the City Manager to Execute Purchase
Documentation Regional Detention Basin and GHD Task Order 2017-08 for Design
Services and Related Actions
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 7
ACTION: Moved/seconded (Ahanotu/Stafford) to Authorize the Purchase of
Four (4) Utility Police Vehicles for the Department of Public Safety
not to exceed $180,000 and Authorize the City Manager to Execute
Purchase Documentation Regional Detention Basin and GHD Task
Order 2017-08 for Design Services and Related Actions.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte,
Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None, ABSENT: None.
7. Discussion and Direction on Permitting Policies to Support Recovery from the Sonoma
Complex Fire
City Manager Jenkins and Development Services Director Pawson presented the item. Code
Compliance Officer Selberg answered questions from Councilmembers. Recommended
Action(s): Provide direction to staff to analyze potential modifications to the City’s
ordinances and policies to support recovery from the Sonoma Complex Fire.
Mayor Mackenzie reported on items for consideration from both the City of Santa Rosa and
County of Sonoma, 1) the formation of a recovery council and 2) urgency ordinances dealing
with immediate housing needs, consistent approaches between Santa Rosa and the County, and
ensuring coordination with other partners and agencies.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council provided direction to staff:
1. Short-term location of service providers in temporary buildings- wait to
see if there is a need.
2. Short-term location of temporary evacuee housing on private property - to
enforce City codes, take a wait and see if situation is temporary if it
appears people are living in RVs on private property, notify Council if
staff receives nuisance calls.
3. Acceleration of the delivery of long term housing stock- move forward
with acceleration and investigate a second water tank on the Anderson 128
property.
4. Report back to Council in about 90 days.
8. Discussion and Direction on City’s General Plan Update, Proposed Scope of Work
Planning Manager Beiswenger presented the item. Recommended Action(s):
Question 1. Should the City seek to maintain the current growth limits or consider
changes?
Recommendation. Staff recommends that the new General Plan stay within the current urban
growth boundary (UGB) with some minor adjustments. Much of the anticipated growth in
the current General Plan has not occurred and it is not necessary to add a significant amount
of new land within the UGB. The City may want to consider minor amendments to the UGB
to match up with property lines.
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 7
Question 2. Should the new General Plan include an Economic Development Element?
Recommendation. Staff recommends that the new plan includes an Economic Development
Element. The current General Plan is largely silent on economic development issues and this
leaves the community without a clear General Plan vision or strategy for economic growth.
Question 3. Should the new General Plan focus on individual neighborhoods or sections
within the community.
Recommendation. Staff recommends that the Community Design Element of the General
Plan be expanded to include a section on each neighborhood. The Specific Plan and Planned
Developments already do this to some extent in the new growth areas, but older
neighborhoods are treated with the same broad brush and are not identified separately in the
current General Plan. It would be useful for future planning efforts to identify goals and
policies based on specific locations within the community.
Question 4. Should the city focus on specific parts of the community in the General
Plan update process?
Recommendation. Staff recommends that alternatives for the area west of Highway 101 be
studied as part of the General Plan update. The current General Plan would allow a
significant amount of residential development in northwest and several apartment complexes
have been constructed. Many of the residential services (e.g. parks, schools, community
centers) that are enjoyed by residents on the east side of Highway 101 on not present on the
west side.
Question 5. Should a General Plan Advisory Committee (GPAC) be used as part of the
General Plan public involvement process?
Recommendation. Staff recommends an advisory body be formulated that is similar to a
GPAC but has a limited scope and decision-making authority. Staff recommends more focus
on work sessions (and joint work session) with the Planning Commission and City Council to
guide the development of the General Plan.
Question 6. Any other topics or ideas for the General Plan update that should be
considered?
Public Comments: Chris Meyer read a letter from Teri Shore, North Bay Regional
Director of Greenbelt Alliance.
ACTION: By Consensus, City Council provided direction to staff:
Question 1 (none opposed) – Supports staff recommendation and do not add
community fields.
Question 2 (none opposed) – Supports staff recommendation, yes include an
economic development element.
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 7
Question 3 (Belforte, Ahanotu supports the staff recommendation) (Callinan,
Stafford, Mackenzie do not support staff’s recommendation) – oppose
including a section on each neighborhood.
Question 4 (none opposed) – Supports staff recommendation, and focus on the
downtown and west side.
Question 5 (Belforte, Ahanotu supports a general plan advisory committee)
(Callinan, Stafford, Mackenzie supports utilizing the Planning Commission
and City Council) – No general plan advisory committee (GPAC).
Question 6 (none opposed) – look at senior housing under the Housing Element.
Vice Mayor Stafford stepped away from dais 7:17 pm and returned 7:21 pm .
9. Discussion and Direction on Affordable Housing Fees and the City’s Inclusionary
Housing Ordinance
Development Services Director Pawson, Planner II Tusinger, and consultant Darrin Smith
with Economic & Planning S ystems, Inc., presented the item. Recommended Action(s):
Provide direction on proposed modifications to the City’s Inclusionary Housing Ordinance
and Affordable Housing Fees. Staff recommends: 1) Revising the City’s Inclusionary
Housing Ordinance to provide a mix of affordable housing that better matches the City’s
adopted Housing Element and Regional Housing Needs Allocation; 2) Adopting an in-lieu
fee for “for sale” residential development, which applies only to smaller projects (staff is
suggesting 50 units or less) and which will incentivize including affordable housing within
these projects; 3) Establishing an impact fee for new rental housing projects, which have not
been subject to the City’s inclusionary housing ordinance, at a level that matches other
jurisdictions in the area; and 4) Maintaining the existing “affordable housing linkage fee” for
non-residential development at the current level but reinstating an annual escalator to keep up
with inflation.
Councilmember Ahanotu stepped away from dais 8:00 pm and returned 8:04 pm.
Councilmember Callinan stepped away from dais 8:12 pm and returned 8:15 pm.
Public Comments in opposition to in-lieu fees: Chris Meyer.
Public Comments in support of increasing affordable housing fees: Mark Krug, Burbank
Housing and Stephen Miller, Signature Homes.
ACTION: By Consensus, City Council directed staff to:
Staff Recommendation 1 - (none opposed) revise the City’s Inclusionary
Housing Ordinance to provide a mix of affordable housing that better matches
the City’s adopted Housing Element and Regional Housing Needs Allocation
which includes looking at the downtown.
Staff Recommendation 2 - (Mackenzie opposed) adopt an in-lieu fee for “for
sale” residential development, which applies only to smaller projects (staff is
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 7
suggesting 50 units or less) and which will incentivize including affordable
housing within these projects;
In-Lieu Fees are to remain at the current level (Ahanotu, Mackenzie opposed);
Staff Recommendation 3 - (Mackenzie opposed) not establish an impact fee
for new rental housing projects, which have not been subject to the City’s
inclusionary housing ordinance, at a level that matches other jurisdictions in
the area;
Staff Recommendation 4 - (Stafford, Mackenzie opposed) maintain the
existing “affordable housing linkage fee” for non-residential development at
the current level and do not reinstate an annual escalator.
Councilmember Belforte stepped away from dais 8:42 pm and returned 8:45 pm.
Mayor Mackenzie stepped away from dais 8:43 p.m. and Vice Mayor Stafford assumed the gavel.
Mayor Mackenzie returned at 8:46 p.m. and reassumed the gavel.
10. Discussion and Direction on Recreational Courts Rehabilitation & Resurface Plan and
Pickleball Courts
Community Services and Public Works Director McArthur and Management Analyst Beran
presented the item. Recommended Action(s): Divide the projects into Priority Tiers (a multi-
year plan) and address Priority Tier 1 projects first, followed by Priority Tier 2 and Tier 3.
Public Comments: William Petrie.
ACTION: Moved/seconded (Callinan/Stafford) to move forward with a multi-year plan,
look at funding during the 2018/2019 budget process, and report back to
Council on refinished court usage.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
11. Informational Update on the All-Weather Soccer Field Required by Sonoma Mountain
Village Development Agreement
Development Services Director Pawson presented the item. Recommended Action(s):
Receive informational update.
Public Comments: None.
ACTION: By Consensus (none opposed), City Council received the report.
City of Rohnert Park Joint Regular Meeting Minutes October 24, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 7
12. ADOPTION OF ORDINANCE – Consideration of Adjustment of City Council
Compensation
City Manager Jenkins presented the item Recommended Action(s): Introduce an ordinance
increasing City Council compensation by 17.73%, the same percentage increase employees
received since the last council member compensation adjustment (2006).
Public Comments: None.
ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Ordinance 911 an Ordinance
of the City Council of the City of Rohnert Park Amending Section 2.12.020,
Population, and Section 2.12.030, Salaries, of the Rohnert Park Municipal
Code to Adjust City Council Compensation.
Motion carried by the following roll call 3-2-0 vote: AYES: Callinan, Stafford,
and Mackenzie, NOS: Ahanotu and Belforte, ABSTAINS: None, ABSENT:
None.
13. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
None.
B. Liaison Reports
1. Golf Course Oversight Committee (10/3)
Councilmember Callinan reported irrigation issues continue on the south course,
overall both courses are in good shape, and restrooms are improved and open.
C. Other Reports
None.
14. COMMUNICATIONS
Councilmember Belforte, Callinan, Vice Mayor Stafford, and Mayor Mackenzie thanked
staff for the work done during the Sonoma County fires.
15. MATTERS FROM/FOR COUNCIL
None.
16. PUBLIC COMMENTS
None.
17. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 9:16 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
Item No. 6A2
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 28, 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 5:01 pm, the notice for which being
legally noticed on November 22, 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
Commander Johnson, Planning Manager Beiswenger, Planner II Tusinger, and Deputy City
Clerk Saldanha.
2. PLEDGE OF ALLEGIANCE
Led by Vice Mayor Stafford.
3. PRESENTATIONS
A. Mayor’s Certificate of Recognition: Honoring the Founder’s Day Committee for
Organizing the 2017 Founder’s Day Parade and Festival
Mayor Mackenzie presented Certificates of Recognition to Founder’s Day Committee
members: Shelli Colmenero, Gerard Giudice and Phyllis Transue. Mayor Mackenzie
also thanked the rest of committee members who were unable to attend in person.
B. Chamber of Commerce: 35th Annual Holiday Lights Celebration on Saturday,
December 2nd from 5pm-7pm
Lisa Orloff, Rohnert Park Chamber of Commerce Executive Director, provided the
update and invited Councilmembers to attend the event.
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 8
4. DEPARTMENT HEAD BRIEFING
A. Public Safety: Rohnert Park Public Safety Officers Association (RPPSOA) Santa
Sleigh Toy Drive 2017
Sgt. Marshall provided the update and invited Councilmembers to ride on Santa’s
sleigh on a date of their choice.
5. PUBLIC COMMENTS
Calvin Jenkins expressed his concerns regarding crosswalk safety and shared a handout
outlining crosswalk warning light safety data from his science fair project.
6. CONSENT CALENDAR
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. RPFA- Cash Report for Month Ending November 2017
3. Housing Successor Agency- Cash Report for Month Ending November 2017
4. Successor Agency - Cash Report for Month Ending November 2017
5. City- Cash Report for Month Ending September 2017
C. City Council Resolution 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 Compostable
Materials, and Street Sweeping Services Between Rohnert Park
Disposal Inc. and Recology Sonoma Marin
3. 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
4. 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
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 8
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
ACTION: Moved/seconded (Stafford/Belforte) to approve the Consent Calendar.
Motion carried by the following unanimous Roll Call vote 5-0 vote: AYES:
Ahanotu, Belforte, Callinan, Stafford, and Mackenzie, NOS: None,
ABSTAINS: None, ABSENT: None.
7. Discussion and Direction on Single Family Rental Housing Issues
Planning II Tusinger presented the item. Recommended Action(s): (1) Direct staff to develop
a proposal to regulate additional bedrooms beyond a certain number and to require additional
off-street parking as a component and (2) 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.
Public Comments: None.
ACTION: By Consensus (Ahanotu opposed), City Council directed staff to move
forward with recommended actions by requiring a use permit for adding a
sixth bedroom for housing units with five existing bedrooms, require one
additional off-street parking space (total of three parking spaces), and no more
than 40 percent of front yard can be used for parking. City Council also
directed staff to develop a parking proposal for regulations related to parking
requirements for an increased numbers of bedrooms beyond six bedrooms and
bring this item back at a future City Council meeting.
By Consensus (Belforte and Callinan opposed), City Council directed staff to
restrict garage conversions by limiting the resulting living space to no more
than one additional room.
8. Discussion and Direction on Disposition of Former Redevelopment Agency Bonds and
Funds
City Manager Jenkins presented the item. Recommended Action(s): Direct staff to (1)
proceed with the refinancing of 2001 and 2007R Tax Allocation Bonds and 2003 Lease
Revenue Bonds, (2) pay off the General Fund portion of the 2003 Lease Revenue Bonds
during the refinancing, (3) 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,
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 8
(4) 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, and (5)
expend up to $250,000 per year of Housing Successor Agency restricted funds for homeless
prevention and rapid rehousing per state law.
Public Comments: None.
ACTION: By Consensus, City Council directed staff to move forward with five (5)
recommended actions:
Staff Recommendation 1 – (none opposed) proceed with the refinancing of
2001 and 2007R Tax Allocation Bonds and 2003 Lease Revenue Bonds.
Staff Recommendation 2 – (none opposed) pay off the General Fund portion
of the 2003 Lease Revenue Bonds during the refinancing.
Staff Recommendation 3 – (Belforte and Mackenzie opposed) 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.
Staff Recommendation 4 – (none opposed) 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.
Staff Recommendation 5 – (none opposed) expend up to $250,000 per year of
Housing Successor Agency restricted funds for homeless prevention and rapid
rehousing per state law.
9. PUBLIC HEARING (NO EARLIER THAN 6PM) (Noticed on 11/17/2017)
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
Planning Manager Beiswenger presented the item. Recommended Action(s): Conduct a
Public Hearing and 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.
Mayor Mackenzie stepped away from the dais at 6:29 p.m. and Vice Mayor Stafford assumed
the gavel. Mayor Mackenzie returned at 6:31 p.m. and reassumed the gavel.
Hearing Opened 6:45 p.m.
Public Comments: None.
Hearing Closed 6:45 p.m.
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 8
Councilmembers asked City Attorney Marchetta-Kenyon about potential amendments to
references within the ordinance regarding cultivation of personal marijuana in accessory
structures and residential dwellings.
ACTION: Moved/seconded (Stafford/Callinan) to waive full reading and introduce
Ordinance 914 An Ordinance of the City of Rohnert Park, California,
Amending Chapter 8.30 (Commercial Cannabis Facilities, Cannabis
Deliveries, and Cannabis Cultivation) of the Rohnert Park Municipal Code.
Motion made to incorporate amendments to the ordinance to clarify specific
areas where cultivation of marijuana will be allowed. 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.
10. PUBLIC HEARING (NO EARLIER THAN 6PM) (Noticed on 11/17/2017)
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
Planning Manager Beiswenger presented the item. Recommended Action(s): Conduct a
Public Hearing and 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.
Hearing Opened 7:03 p.m.
Public Comments in support of ordinance: Anel Huerra Lopez (Tobacco Coalition President),
Orfa Vargas, Michelle Escobar-McGarry (Tobacco Coalition Chair) and Anthony Taylor.
Hearing Closed 7:14 p.m.
ACTION: Moved/seconded (Belforte/Ahanotu) to waive full reading and introduce
Ordinance 915 An Ordinance of the City of Rohnert Park, California,
Amending Chapter 8.32 (Tobacco and Electronic Cigarettes) 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.
11. PUBLIC HEARING (NO EARLIER THAN 6PM) (Noticed on 11/17/2017)
Consideration of Adopting a Local Hazard Mitigation Plan
Planner II Tusinger presented the item. Recommended Action(s): Conduct a Public Hearing
and adopt a resolution approving the Local Hazard Mitigation Plan (LHMP) and approving
its submission to California Office of Emergency Services and FEMA.
Mayor Mackenzie stepped away from the dais at 7:24 p.m. and Vice Mayor Stafford assumed
the gavel. Mayor Mackenzie returned at 7:25 p.m. and reassumed the gavel.
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 8
Hearing Opened 7:55 p.m.
Public Comments: None.
Hearing Closed 7:55 p.m.
ACTION: Moved/seconded (Stafford/Ahanotu) to adopt Resolution 2017-139 Adopting
a Local Hazard Mitigation Plan for the City of Rohnert Park. City Council
also directed staff to look into different methods for emergency response
systems.
Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
lookahanotu ABSENT: None.
12. Selection of City Council Officers for 2018 – Consideration of Nomination and Selection
of Mayor and Vice Mayor
Recommended Action(s): Select the Mayor and Vice Mayor for one (1) year terms for
installation at the December 12, 2017 City Council Meeting.
A. Selection of Mayor
B. Selection of Mayor Pro Tempore (Vice Mayor)
Public Comment: None.
ACTION: Councilmember Ahanotu nominated Vice Mayor Stafford for Mayor,
seconded by Councilmember Callinan and Councilmember Ahanotu
nominated Councilmember Callinan for Vice Mayor, seconded by Vice
Mayor Stafford, for one (1) year terms for installation at the December 12,
2017 City Council Meeting.
Motion carried unanimously by the following 5-0 vote: AYES: Ahanotu,
Belforte, Callinan, Stafford, and Mackenzie, NOS: None, ABSTAINS: None,
ABSENT: None.
13. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committee Reports
None.
B. Liaison Reports
1. Chamber of Commerce (Board of Directors) (11/16)
Vice Mayor Stafford reported on the Holiday Tree Lighting on December 2nd and Hot
Crab Feed on February 10th.
2. Library Advisory Board (11/16)
No report.
3. Sonoma County Waste Management Agency (11/16)
Vice Mayor Stafford reported that Assistant City Manager Schwartz attended and an
assignment of recology was approved.
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 7 of 8
4. Santa Rosa Plain Groundwater Sustainability Agency (11/20)
Vice Mayor Stafford reported that the members are still in the organization process
and the December meeting is cancelled; the next meeting will be held in February.
C. Other Reports
None.
14. COMMUNICATIONS
Councilmember Belforte reported on correspondence from a resident regarding trash on the
creek paths, including a sofa near the railroad tracks by Seed Farm Drive. Vice Mayor
Stafford noted that the sofa was recently removed and Councilmember Callinan announced
that Public Works crews have removed over 1500 lbs. of garbage near the area.
Councilmember Callinan also discussed installing trash cans along the creek and bike paths
because he has received complaints from residents. City Manager Jenkins noted that the
contracts approved earlier tonight address these issues.
Councilmember Callinan thanked the SMART Board of Directors for fixing the fence by
Golf Course Drive.
Mayor Mackenzie announced that SMART quiet zones went into effect on November 21,
2017.
15. MATTERS FROM/FOR COUNCIL
A. Council Consideration of Downtown Workshop Schedule
ACTION: By Consensus (none opposed), City Council directed staff to request the
developer to provide a presentation during the December 12th City Council
meeting.
Councilmember Ahanotu requested an update from staff regarding the financial impacts of
the October 2017 fires disaster at a future City Council meeting, preferably in January 2018.
16. PUBLIC COMMENTS
None.
17. CLOSED SESSION - Item not heard. Councilmembers did not recess to 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)
City of Rohnert Park Joint Regular Meeting Minutes November 28, 2017
for City Council/Rohnert Park Financing Authority/Successor Agency Page 8 of 8
18. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 8:06 pm.
_____________________________________ __________________________________
Caitlin Saldanha, Deputy City Clerk Jake Mackenzie, Mayor
City of Rohnert Park City of Rohnert Park
Item No. 6B1
Item No. 6B2
Item No. 6B3 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: December 12, 2017
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Acceptance of Reports – Councilmember Ahanotu’s Appointment of Cyrel
Tramel to the Sister Cities Relations Committee - Term Commencing
January 1, 2018 and Expiring December 31, 2018
RECOMMENDED ACTION: Accept report of Councilmember Ahanotu’s Appointment of
Cyrel Tramel to the Sister Cities Relations Committee for a term commencing January 1, 2018
and expiring December 31, 2018.
BACKGROUND:
In order to attract potential applicants for Sister Cities Relations Committee, the City Clerk’s
Office distributed information regarding vacancies on social media, in press releases, and at
community events. In compliance with Resolution 1984-66, the Board of Education of the Cotati
– Rohnert Park Unified School District was invited to nominate persons for membership on the
Sister Cities Relations Committee. In compliance with the Maddy Act (Gov’t Code § 54970, et
seq.) a 2017 Local Appointments List containing required advisory body appointive information
was posted and distributed in January 2017 and Special Vacancies Notices were posted for all
City commissions, committees, and boards.
ANALYSIS:
Per the City Council Protocols (Protocols) for City Commissions, Committees, and Boards with
five (5) members, each Councilmember shall be entitled to appoint one member.
Councilmember Ahanotu has appointed Cyrel Tramel.
Item No. 6B3
STRATEGIC PLAN ALIGNMENT:
Making appointments to City Committees, Commissions, and Boards supports the City’s values
of communication and collaboration and Goal A – Practice participative leadership at all levels.
FISCAL IMPACT/FUNDING SOURCE:
None.
Department Head Approval Date: NA
City Manager Approval Date: 12/5/17
Finance Director Approval Date: NA
City Attorney Approval Date: NA
Attachments (list in packet assembly order):
1. Completed Fact Sheet Forms
2. City Council Protocols Section XI, City Commissions, Committees, and Boards
SISTER CITIES RELATIONS
COMMITTEE
(Five Two-year Terms -
Staggered)
Necessary qualifications: Current Rohnert Park residents are
eligible. Preference is given to citizens indicating an interest in
an opportunity for citizens of all ages to discover that people of
all ages are basically alike and have common interests
whatever their language, culture, or color of their skin and that
the desire for peace is universal and the interest in learning
from one another is widespread.
Meets on the 2nd Thursday @ 7:00 p.m. – Rohnert Park Community Center
PURPOSE: Enhance global understanding, communication & cultural exchange between citizens of
various countries. (Established 4/9/84 by Resolution No. 84-66, Amended 5/14/84 by Resolution No.
84-91, 2/25/85 by Resolution No. 85-30, by MO 3/22/88, and 2/9/16 by Resolution No. 2016-13;
subject to Policy Resolutions 99-111; 2000-117; 2000-232; 2005-43; 2015-047)
APPOINTEE FIRST APPOINTED TERM APPOINTED BY
Shari Lorenz 9/2017 expires 12/2018 Pam Stafford
Gay Deady 9/2017 expires 12/2020 Gina Belforte
Olga Senyk 1/2007 expires 12/2020 Jake Mackenzie
Cyrel Tramel 1/2018 expires 12/2018 Amy O. Ahanotu
Sachiko Knappman 11/2013 expires 12/2020 Joseph T. Callinan
Attachment 1
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. 6C1
1
Meeting Date: December 12, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Art da Rosa, Deputy City Engineer
Agenda Title: Authorizing the City Manager to Execute Caltrans Right of Way
Relinquishment No. 56124 and Related Actions
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute
Caltrans Right of Way Relinquishment No. 56124 and Related Actions.
BACKGROUND: Caltrans currently owns a portion of Redwood Drive, north of Golf Course
Drive, including the intersection of Commerce Boulevard and Redwood Drive (see Attachment
1). With the completion of the Highway 101 widening project, Caltrans has analyzed its right-of
way needs and through its Relinquishment Request 56124, is proposing to relinquish this portion
right-of-way to the City. The roadway in question is a logical part of the City’s circulation
system and executing Caltrans relinquishment request means that the City will accept that
intersection as part of the City’s road system, and will assume all maintenance responsibilities.
Caltrans would like to take this item to the state’s Transportation Commission in January 2018
and is requesting the City’s approval.
ANALYSIS: In 2016, Caltrans contacted the City about its goal of relinquishing the portion of
Redwood Drive generally centered on the intersection of Redwood Drive and Commerce
Boulevard. Due to the fact that the road surface was in a poor condition, staff worked with
Caltrans to ensure that the roadway was repaired prior to acceptance. This work was completed
in the summer of 2017 to the satisfaction of staff.
In October 2017, Caltrans renewed its relinquishment request and provided the City with an
environmental assessment, indicating that there is little potential for soil or groundwater
contamination in the area (see Attachment 2). Staff has reviewed this assessment and concurs
with the results. In order to meet Caltrans’ timeframe for the Transportation Commission review,
staff is recommending that the City Council authorize the City Manager to accept the
relinquishment and waive the 90 day notice period provided for under section 73 of the Streets
and Highway Code.
STRATEGIC PLAN ALIGNMENT: Accepting the relinquishment returns a portion of the
City’s roadway network to the City’s control. This action is consistent with Strategic Plan Goal
C – Ensure Effective Delivery of Public Services. Staff has worked with Caltrans to ensure that
the City is accepting infrastructure that is in good condition and meets standards.
OPTIONS CONSIDERED:
1. Accept Caltrans Right of Way Relinquishment. This action will accept the intersection of
Redwood and Commerce to the City’s road system. Currently, this intersection serves as
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
a main gateway to a major shopping center and a connector to Millbrae Avenue and
Stony Point Road. The pavement has been returned to good condition by Caltrans.
Accepting that intersection will permit the City to establish a uniform control and
planning of the north-eastern part of our City. This is the preferred alternative.
2. Reject Caltrans Right of Way Relinquishment. This action will keep the intersection of
Redwood/Commerce at Caltrans control. Any development, road projects, circulation
issues that involves that location will be subject to Caltrans approval.
FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact by executing Caltrans
Right of Way Relinquishment No. 56124. While there will be long-term maintenance costs
associated with this intersection, the pavement has been reconstructed, and it will be a few years
before any maintenance work will be needed. As noted above, by accepting this intersection, the
City will reduce costs associated with Caltrans coordination in the future
Department Head Approval Date: 11/21/17
Finance Director Approval Date: NA
City Attorney Approval Date: 11/28/17
City Manager Approval Date: 12/01 /17
Attachments (list in packet assembly order):
1. Site Plan
2. Environmental Site Assessment
3. Resolution authorizing the City Manager to execute Caltrans Right of Way
Relinquishment No. 56124, and to Accept the Parcel of Land that is the Intersection of
Redwood Drive and Commerce Boulevard
1
RESOLUTION NO. 2017-141
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CALTRANS RIGHT OF WAY RELINQUISHMENT NO. 56124, AND TO
ACCEPT THE PARCEL OF LAND THAT IS THE INTERSECTION OF
REDWOOD DRIVE AND COMMERCE BOULEVARD
WHEREAS, the intersection of Redwood Drive and Commerce Boulevard is currently
owned by the State of California; and
WHEREAS, Caltrans, the state agency responsible for roadway right-of-way has determined
that the intersection of Redwood Drive and Commerce Boulevard is no longer needed for its
operations; and
WHEREAS, Caltrans has offered the intersection of Redwood Drive and Commerce
Boulevard to the City through Right of Way Relinquishment Request No. 56124; and
WHEREAS, the City has confirmed that the subject property meets City standards and
would be a beneficial addition to the City’s circulation system; and
WHEREAS, the City’s consent and authorization of certain forms and processes is
necessary to allow Caltrans to complete its relinquishment process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The City Manager is hereby authorized and directed to execute Caltrans Right of Way
Relinquishment Request No. 56124, in substantially similar form to Exhibit A, as well as
any other additional legal documents, including a certificate of acceptance pursuant to
Government Code section 27281, pertaining to the acceptance of the parcel of land that is
the intersection of Redwood Drive and Commerce Boulevard, which is more precisely
depicted in Exhibit B attached hereto.
2. The 90-day notice of relinquishment period provided for under Section 73 of the Streets
and Highways Code is hereby waived by the City.
3. The City Engineer and Public Works Director are authorized and directed to include the
intersection of intersection of Redwood Drive and Commerce Boulevard in the road
maintenance record, and maintenance routes.
4. This Resolution shall become effective immediately.
( 2 )
2017-141
DULY AND REGULARLY ADOPTED this 12th day of December, 2017.
CITY OF ROHNERT PARK
__________________________________
ATTEST: Jake Mackenzie, Mayor
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachments: Exhibits A and B
AHANOTU: _________ BELFORTE: _________CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Ex
h
i
b
i
t
B
ITEM NO. 6C2
1
Meeting Date: December 12, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Approving an Easement Agreement for the Hinebaugh Creek Trail in
Vast Oak East
RECOMMENDED ACTION: Approve a resolution approving an easement agreement with
Vast Oak LP for a segment of the Hinebaugh Creek Trail located in Vast Oak East.
BACKGROUND AND ANALYSIS: The University District development includes three
project phases north of Rohnert Park Expressway, known as Vast Oak West, Vast Oak East, and
Vast Oak North. The approved project includes a multi-use path along both sides of Hinebaugh
Creek, within the boundaries of the development. The recently approved Vast Oak East Final
Maps 2A – 2D included dedication of a portion of this trail. However, because of the current
configuration of the historic large lot parcels that comprise the University District, a very small
portion of this trail is actually located on a large lot parcel that is primarily north of Hinebaugh
Creek. The proposed easement agreement ensures that this small portion of the trail right-of-way
is within the City’s control. The easement agreement has been executed by the developer and the
City Council’s approval is necessary before it can be accepted and recorded.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. This action is necessary to ensure that development of the
Vast Oak East portion of the subdivision properly incorporates required public improvements.
FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact related to approving
the easement agreement. The long-term maintenance costs associated with the trail will be
covered through a combination of Homeowner’s Association dues and the Maintenance Annuity
Fund established for the University District.
Department Head Approval Date: 11/20/2017
Finance Director Approval Date: NA
City Attorney Approval Date: 11/28/2017
City Manager Approval Date: 12/01/2017
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6C2
2
Attachments (list in packet assembly order):
1. A Resolution of the City Council of the City of Rohnert Park Authorizing and Approving
a Grant of Trail Easement Agreement with Vast Oak LP for a Portion of the Hinebaugh
Creek Trail Located within the Vast Oak East Development
2. Grant of Trail Easement Agreement
AHANOTU: _________ BELFORTE: _________ CALLINAN: _________ STAFFORD: _________ MACKENZIE: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
1
RESOLUTION NO. 2017-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A GRANT OF TRAIL EASEMENT AGREEMENT
WITH VAST OAK EAST LP FOR A PORTION OF THE HINEBAUGH CREEK TRAIL
LOCATED WITHIN THE VAST OAK EAST DEVELOPMENT
WHEREAS, the conditions of approval for the University District Specific Plan require
the Developer to dedicate a trail along Hinebaugh Creek, within the project area, to the City; and
WHEREAS, portions of this trail have been dedicated on the approved final maps for the
Vast Oak West and Vast Oak developments within the University District; and
WHEREAS, the historic configuration of the large lot parcels that compromise the
University District has resulted in a situation where a small portion of the Hinebaugh Creek Trail
within the Vast Oak East portion of the development lies outside of the area covered by the
approved final maps; and
WHEREAS, the University District developer has offered to dedicate this small portion
of the trail through a separate easement agreement in order to satisfy its conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Vast Oak LP, a
California Limited Partnership, and the City of Rohnert Park, a municipal corporation, for a
portion of the Hinebaugh Creek Trail located within the Vast Oak East Development.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Easement Agreement for and on behalf of the City of Rohnert Park in substantially
similar form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by
the City Manager or City Attorney, and to take all actions and execute documents to effectuate
the acceptance of the easement and the terms of the agreement, including execution of a
certificate of acceptance.
DULY AND REGULARLY ADOPTED this 12th day of December, 2017.
CITY OF ROHNERT PARK
____________________________________
Jake Mackenzie, Mayor
ATTEST:
_____________________________
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
E
x
h
i
b
i
t
A
t
o
R
e
s
o
l
u
t
i
o
n
ITEM NO. 6C3
1
Meeting Date: December 12, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Eydie Tacata, Management Analyst
Agenda Title: Endorsing Rohnert Park Senior Center Accessibility Improvements for FY
2018-2019 Community Development Block Grant Funding Application
RECOMMENDED ACTION: Adopt resolution endorsing the Rohnert Park Senior Center
Accessibility Improvements for FY 2018-2019 Community Development Block Grant
application.
BACKGROUND: The Community Development Block Grant (“CDBG”) Program was created
by the federal Housing and Community Development Acts of 1974 and 1987, with its primary
objective being the development of viable communities through the provision of decent housing,
a suitable living environment and the expansion of economic opportunities, primarily for lower
income persons. The Sonoma County Community Development Commission (“Sonoma County
CDC”) is the designated local administrative agency for the CDBG Program and administers
regular grant funding opportunities.
All funding proposals from local agencies in Sonoma County must be submitted to the Sonoma
County CDC with city/town council resolutions endorsing the proposed projects. Staff seeks
City Council endorsement of the Rohnert Park Senior Center Accessibility Improvements
(“Project”), for which staff has prepared a grant application (Exhibit A to Resolution) requesting
$122,600 in CDBG funds. The grant application is due on December 15, 2017, in order to be
considered for funding.
DISCUSSION: The Project will include interior and exterior accessibility improvements to the
Senior Center building at 6800 Hunter Drive. These improvements will result in more complete
compliance with most current Americans with Disability Act standards. The Project will build on
the existing Senior Center Restroom Renovation (Project No. 2015-07), which is currently
funded with $109,200 in 2007R Bond Proceeds, approved with the FY 2016-17 Capital
Improvement Plan Budget adopted by the City Council on June 14, 2016. The additional
upgrades that would be made possible with CDBG funding include widening the hallway
adjacent to the restrooms and upgrading the ramp and parking spaces for the facility. The total
Project cost is estimated to be $231,800, including environmental clearance, design, project
management, construction, permits and construction contingency.
The Project meets the following goal and objective in the Sonoma County CDC FY 2018-19
Funding Policies pertaining to target populations and public facilities accessibility:
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
• Goal 2.3.1.1.
Assist in creating and/or replacing infrastructure systems and public facilities that meet the
needs of lower income people, people with disabilities, and other special needs
subpopulations county-wide.
• Objective 2.3.2.2.
Construct, renovate, or install access modifications to reduce or eliminate architectural
barriers to meet the special needs of persons with disabilities and the elderly in accordance
with the American with Disabilities Act (ADA) in public facilities, including but not limited to
public parks, restrooms, youth centers, senior centers, fire stations, libraries, and community
recreation facilities.
The neighborhood around the Senior Center is characterized by a greater concentration of lower-
income households compared to the rest of Rohnert Park, having a median household income of
$29,4681, which is 50% of the Rohnert Park median household income of $58,317. The
neighborhood also has a greater concentration of older senior households, with 28% of
households having 1 or more persons 65 years or older2, compared with 20% overall in the city.
Obtaining the endorsement of a project from the City Council is a requirement of the funding
application. Endorsement of a project does not constitute an obligation to proceed with or
construct the project should grant funding not be obtained or be awarded in a sufficient amount
to make the projects feasible.
Staff recommends that the City Council approve the resolution endorsing the Senior Center
Accessibility Improvements for a FY 2018-2019 Community Development Block Grant funding
application. Upon approval of the resolution, the funding application (Exhibit A to Resolution)
will be completed and finalized and submitted by the deadline of December 15, 2017.
STRATEGIC PLAN ALIGNMENT: This action is consistent Strategic Plan Goal D –
Continue to Develop a Vibrant Community and aligns with the City’s vision to improve
transportation and infrastructure.
ALTERNATIVES CONSIDERED: Staff considered several other projects for CDBG grant
funding, particularly ADA projects within existing buildings and/or located in the City’s lower-
income neighborhoods including: ADA stage and orchestra pit access in Spreckels Performing
Arts Center, Benicia Park parking lot ADA spaces and ramps, and additional sidewalk ramps
upgrades on Commerce Boulevard and Southwest Boulevard.
Staff is recommending the Senior Center Accessibility Project for this CDBG funding request as
there is already an approved CIP project (Senior Center Restroom Renovation) which has a
budget of local match funding; specifically eliminates “architectural barriers to access” which is
a determining aspect of ADA upgrades eligible for this funding; and improves a facility directly
serving a CDBG targeted sub-population (i.e. seniors) and within a neighborhood characterized
by lower income-level households, whom CDBG funds are meant to benefit.
FISCAL IMPACT / FUNDING SOURCES: There is no direct fiscal impact associated with
endorsing the project application. The Sonoma County CDC FY 2018-19 Funding Policies do
not require a funding match for capital projects applications for CDBG funds. However, the
SCCDC staff have stressed that the CDBG funding should not be the only funding source for a
projects. The amount of match offered by applicants has been a consideration in the funding
allocation process in the past. For the proposed project, the City’s match would be come from the
$109,200 in 2007R Bond Proceeds, which the City has already budgeted for the Senior Center
ITEM NO. 6C3
3
Restroom Project. If the CDBG funding request is awarded either fully or partially, the project
budget will be increased to at a later date to reflect the new project budget amount and necessary
funding appropriations.
_______________
1. 2010-2014 American Community Survey 5-Year Estimates, Table B11007, U.S. Census Bureau
2. 2010-2014 American Community Survey 5-Year Estimates, Table B19013, U.S. Census Bureau
Department Head Approval Date: 11/27/17
City Attorney Approval Date: N/A
Finance Director Approval Date: N/A
City Manager Approval Date: 12/05/17
Attachments (list in packet assembly order):
1. Resolution Endorsing the Rohnert Park Senior Center Accessibility Improvements for
Submittal of the Fiscal Year 2018-2019 Community Development Block Grant Funding
Application
2. Exhibit A to the Resolution: Sonoma County Community Development Commission
Funding Application for Capital Projects: Rohnert Park Senior Center Accessibility
Improvements
RESOLUTION NO. 2017-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ENDORSING THE ROHNERT PARK SENIOR CENTER ACCESSIBILITY
IMPROVEMENTS FOR SUBMITTAL OF FY 2018-2019 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING APPLICATION
WHEREAS, the Community Development Block Grant (“CDBG”) program was created
by the federal Housing and Community Development Acts of 1974 and 1987 to develop viable
communities through the provision of decent housing, a suitable living environment and the
expansion of economic opportunities, primarily for lower income persons; and
WHEREAS, City of Rohnert Park staff has identified the Rohnert Park Senior Center
Accessibility Improvement Project (“Project”), as an eligible project which will “benefit
persons within incomes not exceeding 80% of the area median income,” “prevent or eliminate
blighting influences and the deterioration of property and facilities,” and “increase access to
quality public and private facilities and services,” in accordance with Sonoma County
Community Development Commission 2018-19 Funding Policies; and
WHEREAS, City staff has prepared a grant application for the Fiscal Year 2018-2019
Sonoma County Community Development CDBG Program for the Project; and
WHEREAS, the Sonoma County Community Development Commission (“SCCDC”) as
the designated local administrative body for the CDBG Program requires that a municipality
submitting a CDBG program funding application must include a City/Town Council Resolution
endorsing the project for which CDBG funding is being pursued.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby endorse the Rohnert Park Senior Center Accessibility Improvement
Project for a FY 2018-2019 Sonoma County Community Development CDBG funding request.
BE IT FURTHER RESOLVED that the City Council does hereby approve the attached
CDBG funding application (Exhibit A) and authorizes the City Manager or his designee to
submit the application in substantially similar form and adjust the funding request based on any
new information that may be submitted prior to the decision of the Sonoma County Board of
Supervisors.
BE IT FURTHER RESOLVED that the City Council does hereby delegate authority to
the City Manager to approve and execute any Funding Agreement in relation to this CDBG grant
application and any amendments thereto.
( 2 )
2017-143
DULY AND REGULARLY ADOPTED this 12th day of December, 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: ( )
SONOMA COUNTY COMMUNITY
DEVELOPMENT COMMISSION
FUNDING APPLICATION: CAPITAL PROJECTS
Please review the Notice of Funding Availability (NOFA), Application
Guidelines, and the FY 2018–2019 Capital Projects and Economic
Development Federal Funding Policies before submitting your application.
All applications must meet the eligibility criteria found in the Funding
Policies and the requirements set forth in the NOFA.
Part 1: Applicant Information
Legal name of organization:
Organization’s DUNS number:
Contact Information
Authorized Representative
(City/Town Manager, Executive
Director, or other):
Name, title:
Phone:
Email:
Primary point of contact: Name, title:
Phone:
Email:
Organization is a: ☐Non-profit organization ☐For-profit organization ☐Local government
☐Community Housing Development Organization (CHDO)
Organization mailing address:
Organization website:
Organizational Capacity and Experience
Describe applicant’s record of administrative and programmatic capacity using federal, state, local, and/or private grant
funds, explaining any past issues or challenges administering grant funds.
This space reserved for CDC date and time stamp
EXHIBIT A to RESOLUTION
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 2 of 12
Part 2: Project Description
Brief Description of Project or Program
The description provided here will be incorporated into the staff reports provided to the Community Development
Committee, Technical Advisory Committee, and/or the Board of Supervisors. Descriptions MUST BE 125 words or less.
It will not be edited and will be truncated at 125 words. A longer project description may be attached (see Part 6,
Attachments).
Part 3: Project Information
Project/program name:
Project Type
Using Appendix A of the FY 2018-2019 Capital Projects and Economic Development Federal Funding Policies, fill in
the fields below.
Consolidated Plan Goal Met:
CDBG/HOME eligible activity:
Funding Request
Estimated project budget: $
Amount of funding request: $
Funding source: ☐CDBG ☐HOME
Property Information (as applicable)
Project location (physical address or cross streets):
Assessor’s Parcel Number(s):
Census tract(s):
Is project located in a 100-year flood plain? ☐Yes ☐No
FEMA FIRM panel number:
Is the project, or any part of it, located within the limits
of any city/town?
☐Yes ☐No
If yes, which city/town? ____________________________
Which jurisdiction(s) must approve the project?
Total acreage:
Current use of site:
What local approvals and entitlements will be required
to develop the proposed project?
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 3 of 12
Date entitlements and permits expected to be
approved:
Status of Site Control
Identify the form of site control: ☐Ownership (attach copy of grant deed or deed of trust)
☐Lease (attach copy of lease)
☐Option agreement (attach copy of agreement)
☐Purchase agreement (attach copy of agreement)
☐Other; explain:
_________________________________________________
_
Note: If funding application is for acquisition, also attach copy
of current appraisal.
Status of Environmental or Other Approvals
Applicant must obtain certification of project’s consistency with the applicable general plan, signed by an authorized
representative of the jurisdiction in which the project is located (housing rehabilitation projects excluded).
Status of environmental review:
Status of land use, building permits, or other
approvals:
Explain any land use (zoning, lot split, set back, or
environmental) constraints that must be resolved prior
to proceeding with the project:
Status of Relocation Activities
In order to receive funding, projects must comply with the Sonoma County Residential Anti-Displacement and
Relocation Assistance Plan.
Will the project involve demolition of any structure or
relocation of any persons or businesses?
☐Yes ☐No
Explain the status of any demolition or relocation
activities:
Existing Improvements
EXISTING COMMERCIAL IMPROVEMENTS
Number of structures
Year built
Number of vacant structures
Number of occupied structures
Number of structures to be demolished
Estimated cost of relocation
EXISTING RESIDENTIAL IMPROVEMENTS
SRO Studio 1-BR 2-BR 3-BR 4-BR
Number of existing units
Number of occupied units
Number of vacant units
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 4 of 12
Number of substandard units
Number of units to be demolished
Estimated cost of relocation
Phasing
Can project proceed if phased or if given partial funding? Explain the effect of phasing or partial funding on the project’s
ability to move forward.
Demonstration of Need
Describe the need for the project, or program and include evidence of need (e.g., cite waiting lists for services, census
data, documentation of deteriorated conditions, or other evidence).
Outcomes
Describe the outcomes expected to result from the project or program.
Describe how the project will facilitate and further fair housing principles. (For more information on fair housing
principles, and the Affirmatively Furthering Fair Housing rule, see here: https://www.huduser.gov/portal/affht_pt.html)
Part 4: Timeline
Target Dates
List anticipated target date for each of the major milestones below. (Housing projects use timeline in supplemental
application instead.)
Major Milestone Target Completion Date Funds Expended
Environmental Review
Site Control
Design Completion
Bid Period Closes
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 5 of 12
Construction Begins
Construction Complete
Notice of Completion
Part 5: Sources and Uses
Housing projects use budget in supplemental application instead.
Sources
Source of Funds Donations Loans Grants In Kind Total
Total
Uses
Projected Uses Donations Loans Grants In Kind Total
Land Acquisition
Environmental Review
Architect
Engineering
Project Fees
Site Improvements
Other:
Other:
Total
Part 6: Attachments Required
Project Description: Provide a description of the project that includes specific location information and geographic
boundaries. It should identify the maximum anticipated scope of the entire project, and delineate the specific
activities for which the applicant is requesting funding at this time. Applications for housing-related projects should
instead include a Housing Project Description, described in Supplemental Application below.
Project Location Map: Attach an 8 1/2”x 11” map showing the project location, clearly showing the project area in
relation to surrounding communities.
Authorizing Resolution: For non-profit organizations, attach a resolution from the Board of Directors authorizing
the submittal of the application.
City/Town Authorizing Resolution: Attach a city/town council resolution endorsing the project for those located
within the seven incorporated jurisdictions or for those sponsored by one of the seven incorporated jurisdictions.
General Plan Consistency: Attach a certification of consistency with the applicable jurisdiction’s General Plan.
IRS Letter of Determination: Non-profit organizations only must submit an IRS Letter of Determination. Non-profit
organizations are not eligible for consideration unless non-profit status has been verified.
Const. Contingency
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 6 of 12
Community Housing Development Organization (CHDO) Verification: For CHDOs applying for HOME CHDO
funds, submit a Sonoma County CHDO letter or plan to become an independent, fully functioning CHDO entity.
Letters of Commitment: Submit letters of commitment from all other funding sources.
Financial Documentation:
Non-profit organizations: Attach current operating budget, the most recent completed final audit report,
and IRS Form 990 for the most current tax year. If organization is not audited, attach a copy of the most
recent internal financial statement that has been approved by Board of Directors. Additional financial
information may be requested by CDC staff as deemed appropriate.
Sonoma County departments or agencies, the cities of Cotati, Cloverdale, Healdsburg, Rohnert Park,
Sebastopol, Sonoma, and the Town of Windsor are exempt from this requirement.
Sonoma County Community Development Commission
CDBG/HOME Capital Projects Funding Application
Page 7 of 12
Supplemental Application: Public Facilities or Other Infrastructure Projects
Define project service area
List all census block groups in service
area:
For sidewalk / curb cut projects
Location of sidewalks (cross streets):
Define the service area; list all Census
block groups in service area:
Number of curb cuts (anticipated):
Item No. 6D1
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: December 12, 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: Waive second reading and adopt 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. The ordinance was introduced at the
November 28, 2017 City Council meeting.
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.
Item No. 6D1
Funding for this work would come from the Development Services Department’s operational
budget.
Department Head Approval Date: 11/30/2017
Finance Director Approval Date: NA
City Attorney Approval Date: NA
City Manager Approval Date: NA
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.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
3
Ord. 915
This ordinance was introduced by the Council of the City of Rohnert Park on November 28, 2017
and adopted on December 12, 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
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; Ord. No. 915, § 2A, 12-12-2017)
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 January 12, 2018, and a unit that is leased or rented for the first time
on or after January 12, 2018.
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. 915, § 2A ,12-12-2017)
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. 915, § 2A , 12-12-2017).
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. 915, § 2A , 12-12-2017)
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. 915, § 2A , 12-12-2017)
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. 915, § 2A , 12-12-2017)
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. 915, § 2A , 12-12-2017)
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; Ord. No. 915, § 2A , 12-12-2017)
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)
Supplemental Item
Agenda Item 6D1
City Council Meeting
December 12, 2017
6 December 2017
Rohnert Park City Council
City Hall
130 Avram Avenue
Ronert Park, CA 94928
Members of the City Council,
RE: Amending Chapter 8.32 (Use of tobacco and electronic cigarettes) of the Rohnert Park municipal code
I’m writing to share with you that I would like to request that City Council expand language in the proposed
amendment.
It is not news to anyone of us anymore that medical studies have shown secondhand smoke has a negative
impact on our health. I downsized in 2012 from a single family home to a townhouse, partially because I felt
protected with the laws passed in 2009 regarding smoking in multi-unit buildings. I am disheartened to see
that the laws are not enforced.
We have a history in this great country of ours to pass bills and then not enforce them for decades, let’s get
this right, and protect our community from second hand smoke. Homeowner and renters living in multi-unit
buildings are particularly susceptible due to the close proximity of the units and the shared walls, floors or
ceilings. While Ordinance No. 915 takes great strides at improving municipal code language adopted in 2009, I
believe the proposed amendments could be strengthened in the following ways:
Expanding the definition or description of “private residence”
Adding a definition of “Homeowner Association (HOAs)”
Adding duties or responsibilities that apply to common interest complexes, such as HOAs
Expanding language related to enforcement, violations, and penalties
Adding language related to the role of common interest complexes and rental complexes in enforcing the
ordinance
Protecting residents from non-retaliation, in addition to employees
Adding language related to public education to help support compliance with the ordinance
As a townhouse homeowner in a common interest complex, which is managed by an HOA, I have numerous
neighbors who have been violating the 2009 ordinance, smoking cigarettes, marijuana and e-cigarettes in their
homes or in the common areas of the complex. My HOA and Rohnert Park Police will not enforce the
violations. Adding language requiring HOAs to inform tenants of the ordinance and be the first line of defense
in resolving smoking disputes among tenants will go a long way to limiting conflicts and lawsuits between
residents and reducing enforcement calls to the city.
The enclosed pages outline my requested changes to Ordinance No. 915, justification for the changes, and
sample ordinance language that could be considered.
Sincerely,
Monica L. Savon
Monica Savon
C Section Resident, Rohnert Park
Supplemental Item No. 2
Agenda Item 6D1
City Council Meeting
12/12/2017
Recommended Changes to Ordinance No. 915
Tuesday, November 28, 2017 City Council Meeting
Item 10
http://rpcity.granicus.com/MediaPlayer.php?view_id=4&clip_id=908&meta_id=73227
1. Section 8.32.30 - Definitions
a. Requested Changes: Add a definition of HOA or update the definition of “landlord” to include a person,
association, or the like that has legal control or management over a multi-unit complex, such as a Home
Owner’s Association (HOA).
b. Importance of Change: The current definition of “Landlord“ (Subsection H) only refers to someone who
leases property or manages leased property. The definition therefore does not apply to owner-occupied
units in HOA- managed multi-unit buildings. Homeowners living in multi-unit buildings that are managed
by HOAs would therefore not receive the same disclosures as renters in the same complex. This could
set up a situation where uninformed smokers (who are homeowners) surround homeowners or renters
living in a HOA-managed complex.
c. Sample Language:
El Monte, CA – Chapter 8.74 Smoke Free Multi-Unit Residences; Subsection 20.H
(http://bit.ly/2ALACbK)
Manhattan Beach, CA - Chapter 4.117 Smoke Free Multi-Unit Residences; Subsection 20.
(http://bit.ly/2AMTozy)
2. Section 8.32.60 - Private Residence
a. Requested Changes: Add language to Subsection C noting that a “private residence” refers to a single-
family unit with no shared walls, floors, or ceilings OR add a definition to Section 8.32.30 defining a
“private residence” as such.
b. Importance of Change: Although section 8.32.60, Subsection C notes that private residences do not
include multi-unit buildings, most of the remaining ordinance language focuses on multi-unit buildings
that are managed by “landlords.” Residents may therefore be confused as to whether compliance to the
ordinance applies to owner-occupied multi-unit buildings. Adding this language will reduce confusion
and ensure that the prohibition applies to owner-occupied multi-unit buildings as well.
3. Section 8.32.70 – Duty of Employer, Business, Non Profit Entity or Landlord
a. Requested Changes: This section does not apply to those who have legal control or management of
owner-occupied multi-unit resident, such as a HOA. Add language requiring HOA’s to provide tenants
with notice stating that smoking is prohibited in all units and common areas on the effective date AND
required terms to be included in rules and regulations for all unites in common interest complexes.
b. Importance of Change: Although the proposed ordinance applies to all multi-unit buildings, the duty of
informing tenants falls only to landlords of rental units. By requiring information on the smoking
ordinance to be included in rules and regulations for all units in common interest complexes, the city will
insure that all residents are informed, increase compliance with the ordinance, and reduce the burden
of enforcement on city staff.
c. Sample Language:
El Monte, CA – Chapter 8.74 Smoke Free Multi-Unit Residences; Subsection 60 and 70
(http://bit.ly/2ALACbK)
Manhattan Beach, CA - Chapter 4.117 Smoke Free Multi-Unit Residences; Subsection 50
(http://bit.ly/2AMTozy)
4. Section 8.32.090 – Violations and Penalties
a. Requested Changes: Expand language related to violations, penalties and enforcement to include fines
for single and multiple infractions and authority to enforce.
b. Importance of Change: Outlining the requirements of landlords and HOAs to inform residents of the
ordinance and to respond to complains about residents who are smoking sets up a first line of defense
in regards to enforcement. This will most likely mitigate most problems, but not all. Adding information
related to fines helps to emphasize the importance of compliance and listing the city staff responsible
for enforcement will help direct complaints to the appropriate city contact.
c. Sample Language:
El Monte, CA – Chapter 8.74 Smoke Free Multi-Unit Residences; Subsection 70 (common
interest complexes) and 90 (rental complexes) (http://bit.ly/2ALACbK)
Manhattan Beach, CA - Chapter 4.117 Smoke Free Multi-Unit Residences; Subsection 40
(rental complexes) and 50 (common interest complexes) (http://bit.ly/2AMTozy)
City of Santa Rosa, CA – Chapter 9-20 Smoking Regulations; Subsection 150
(http://bit.ly/2klvcO2)
Local California Smokefree Housing Policies: Detailed Analysis – Summarizes enforcement
provisions from various California municipal ordinances. This includes examples over 25
municipalities who have included fines for violations in smoking ordinances and persons
responsible for enforcement (i.e., peace officer, city manager, enforcement official, city
attorney, code enforcement officer) (http://bit.ly/2BxU5cN)
5. Section 8.32.080 - Nonretaliation
a. Requested Changes: Expand language to protect residents against intimidation, threats of reprisal, and
the like should residents seek to attain compliance with the ordinance.
b. Importance of Change: If residents engage neighbors directly and neighbors do not comply and end up
being fined or lose their rental, there is a risk of retaliation against the residents who sought to attain
compliance with the ordinance.
c. Sample Language:
City of Sonoma, CA – Chapter 7.24 Smoking Regulations; Subsection 50.e
(http://bit.ly/2zNfcam)
6. Public Education
a. Requested Changes: Add language inviting city staff to work with the County of Sonoma, Department of
Health Services (DHS) on public education.
b. Importance of Change: Working with the DHS will help reduce the burden on City staff and help keep
those most impacted by the ordinance informed. DHS offers free services to municipal governments
related to tobacco education.
c. Sample Language:
City of Sonoma – Chapter 7.24 Smoking Regulations; Subsection 70 (http://bit.ly/2zNfcam)
From: Kris Montgomery
Sent: Sunday, December 10, 2017 7:00 PM
To: blumacjazz@aol.com; Stafford, Pam <pstafford@rpcity.org>; Ahanotu, Amy <aahanotu@rpcity.org>;
Belforte, Gina <gbelforte@rpcity.org>; Callinan, Joseph <jcallinan@rpcity.org>; Jenkins, Darrin
<dajenkins@rpcity.org>
Cc: Beiswenger, Jeffrey <JBeiswenger@rpcity.org>
Subject: Ordinance No. 915
To: Rohnert Park City Council
RE: Ordinance No. 915: Amendments to the City of Rohnert Park Municipal Code Chapter 8.32 (Use of Tobacco
and Electronic Cigarettes)
Smoking of any kind should not be allowed in a multi-tenant apartment building or private residence with an
attached wall to another residence. The proposed ordinance doesn't treat all residences equally as written. Second-
hand smoke effects (from any substance) compromise both citizen comfort and health, and should be prevented by
ordinance, just as noise ordinances limit those in private residences from disturbing their neighbors.
I had signed an apartment lease in a building that was partly owner-occupied. I was ready to move in when I found
that the people in the apartment below were allowed to smoke in their unit. I couldn't live there as the smoke smell
permeated by unit. I gave notice but lost money in rent, since the owners had my first month. No one told me that
smoking was allowed until I complained. No owner or tenant should have to learn the hard way that smoking is
allowed that affects their living space. That is unfair and unwise.
Treat all units, private or multi-tenant, the same and plan to educate and enforce the ordinance banning smoking
except in designated outside areas. No one should have to lose money, as I did, and no one should buy into a home
that is or becomes a health hazard.
Sincerely,
Kris Montgomery
Supplemental Item No. 4
Agenda Item 6D1
City Council Meeting
12/12/2017
ITEM NO. 7
1
Meeting Date: December 12, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Informational Presentation by Laulima Development Regarding
Redevelopment of the former State Farm Campus
RECOMMENDED ACTION: No formal action is requested. The purpose of this item is to
introduce the City Council to the new owner of former State Farm campus, Laulima Development,
and provide them with a forum for presenting a potential plan that could help implement the City’s
proposed downtown area. No formal application has been received for this proposed project.
NEXT STEPS: Laulima is in the process of preparing a form al Final Development Plan (FDP)
application. In accordance with the Municipal Code, any decision on the FDP requires review by
the Planning Commission and approval by the City Council.
Department Head Approval Date: 12/06/17
Finance Director Approval Date: NA
City Attorney Approval Date: NA
City Manager Approval Date: 12/07/17
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 8
1
Meeting Date: December 12, 2017
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared by: Jeffrey S. Beiswenger, AICP, Planning Manager
Agenda Title: Approving 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: Waive the second reading and approve 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.
The ordinance was introduced at the November 28, 2017, City Council meeting and the City
Council voted to advance the ordinance for adoption with some changes. The City Council
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 8
2
directed staff to remove provisions related to growing marijuana in accessory structures and only
allow for personal cultivation within dwelling units. The attached ordinance reflects these
changes.
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.
FISCAL IMPACT/FUNDING SOURCE: Adopting the attached ordinance has minimal fiscal
impact.
Department Head Approval Date: 11/30/17
Finance Director Approval Date: N/A
City Attorney Approval Date: 11/30/17
City Manager Approval Date: 12/7/17
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)
Page 1 Ord. 915
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
Page 2 Ord. 915
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
Page 3 Ord. 915
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.
Page 4 Ord. 915
This ordinance was introduced on November 28, 2017 and adopted by the Council of the City of
Rohnert Park on December 12, 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
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, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
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, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
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. 914, § 3A, 12-12-2017)
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. 896, § 4A, 2-9-2016; Ord. No. 914, § 3A, 12-12-2017)
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. Such cultivation may
only occur in residences that are fully enclosed and secured against unauthorized entry.
B. All persons cultivating cannabis inside a 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.
2. Not more than six living cannabis plants may be planted, cultivated, harvested, dried, or
processed inside a private residence at one time.
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 is not permitted in a greenhouse that is on the property of the
private residence unless physically part of the private residence.
5. An accessory structures, as defined by this chapter, shall not be used for cannabis
cultivation under this section.
Page 3
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 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. 914, § 3A, 12-12-2017)
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, § 4A, 2-9-2016)
for the Year 2018
Installation of
Councilmembers
Elect
Reflections 2017
Year’s Highlights (Slide Show)
Councilmembers’ Comments
Mayor’s Comments
Presentation
to Mayor Jake Mackenzie
for 2017 Year as Mayor
Installation of Mayor and
Vice Mayor for 2018
Mayor Stafford
Vice Mayor Callinan
Vision 2018
Mayor’s Comments
Councilmembers’ Comments
Adjournment
Refreshments Following
Installation of Officers
Ceremony for