Loading...
2019/01/08 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, January 8, 2019 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 January 8, 2019 for City Council/RPFA/CDC Successor Agency Page 2 of 6 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams __ Mackenzie __ Stafford __ Callinan __ Belforte __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Honoring Ellen De Martini for Her Many Contributions to the Rohnert Park Community 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, December 11, 2018 2. City Council/RPFA/Successor Agency Joint Regular Meeting, November 27, 2018 B. Acceptance of Reports for: 1. Acceptance of Reports – Councilmember Stafford’s Reappointment of Creighton Bell to the Bicycle and Pedestrian Advisory Committee, Sarah Finnigan to the Mobile Home Rent Appeals Board, Linda Canterbury to the Parks and Recreation Commission, Shari Lorenz to the Sister Cities Relations Committee, and Appointment Gary Coffman to the Senior Citizens Advisory Commission- Terms Expiring December 31, 2022 2. Acceptance of Reports – Councilmember Adams’ Appointment of Gary Kenworthy to the Bicycle and Pedestrian Advisory Committee, Janeen Kirby to the Mobile Home Rent Appeals Board, Edward Chasco to the Parks and Recreation Commission, Phyllis Transue to the Senior Citizens Advisory Commission, and Cyrel M. Tramel to the Sister Cities Relations Committee - Terms Expiring December 31, 2022 3. City – Cash Report for Month Ending October 2018 4. City Bills/Demands for Payment dated January 8, 2019 City of Rohnert Park Joint Regular Meeting Agenda January 8, 2019 for City Council/RPFA/CDC Successor Agency Page 3 of 6 C. City Council Resolutions for Adoption: 1. 2019-1 Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges Revised December 23, 2018 2. 2019-2 Amending the Fiscal Year 2018-19 Capital Improvement Plan Budget to Add a Downtown Water Main Project (2018-40) and a State Farm Drive Traffic Improvement Project (2018- 41) and Related Actions 3. 2019-3 Authorizing the City Manager to Execute Task Order 2019-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services at Sunrise Park and Related Actions 4. 2019-4 Authorizing Submittal of Funding Application for FY2019- 2020 Community Development Block Grant for Central Rohnert Park Bicycle/Pedestrian Path Improvements 5. 2019-5 Authorizing a Master Agreement for Consultant Services, Task Order 2019-01 for $450,000, and Task Order 2019-02 for $500,000 with 4LEAF, Inc. for Project Specific and General Building Division Services and Related Actions D. Successor Agency Resolution for Adoption: 1. 2019-6 Approving the Annual Recognized Obligation Payment Schedule for July 1, 2019- June 30, 2020 (“ROPS 19-20”), Pursuant to Section 34177 (o) of the California Health and Safety Code Council Motion/Vote 7. City Council Appointments to the Planning Commission – Terms Expiring December 31, 2022 A. Staff Report B. Public Comments C. Council motion/discussion/vote 8. Discussion and Direction of Proposed Community Services Donation Policy A. Staff Report B. Public Comments C. Council discussion/direction 9. Discussion and Direction Regarding Approving Current Spreckels Performing Arts Center Fees and Authorizing the City Manager or Designee to Set Prices in the Future Based on Market Value A. Staff Report B. Public Comments C. Council discussion/direction City of Rohnert Park Joint Regular Meeting Agenda January 8, 2019 for City Council/RPFA/CDC Successor Agency Page 4 of 6 10. Discussion and Direction to Amend the City Council Protocols (the Established Procedural Rules for the Conduct of City Council Meetings and City Business) A. Staff Report B. Public Comments C. Council discussion/direction 11. Consideration of the CASA Compact, a 15-Year Emergency Policy Package to Confront the Housing Crisis in the San Francisco Bay Area A. Staff Report B. Public Comments C. Council discussion/direction 12. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Sonoma Clean Power (12/6) 2. Russian River Watershed Association (12/6) 3. Sonoma County Transportation Authority (12/10) 4. Santa Rosa Plain Groundwater Sustainability Agency (12/13) 5. Library Advisory Board (12/18) 6. Sonoma County Waste Management Agency (12/19) 7. Chamber of Commerce (Board of Directors) (12/19) C. Other Reports 13. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 14. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 15. PUBLIC COMMENTS Persons wishing to address the Council on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. City of Rohnert Park Joint Regular Meeting Agenda January 8, 2019 for City Council/RPFA/CDC Successor Agency Page 5 of 6 RECESS TO CITY OF ROHNERT PARK FOUNDATION MEETING 16. 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)) Nancy Atwell et. al. vs. City of Rohnert Park, et. al., Sonoma County Superior Court, Case No. SCV256891 2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Jason Krauss vs. City of Rohnert Park, et. al., Sonoma County Superior Court, Case No. SCV263597 3. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Ezekial Flatten vs. City of Rohnert Park, et. al., United States District Court, Northern District of California, Case No. C 18-6964 JSC 4. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): (One Case) B. Reconvene Joint Regular Meeting Open Session in Council Chamber C. Report On Closed Session (Government Code § 54957.1) 17. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda January 8, 2019 for City Council/RPFA/CDC Successor Agency Page 6 of 6 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Caitlin Saldanha, Assistant City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the January 8, 2019 Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on January 3, 2019, 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 3rd day of January, 2019, at Rohnert Park, California. ___________________________________________ Caitlin Saldanha, Assistant City Clerk CCC eee rrr ttt iii fff iii ccc aaa ttt eee ooo fff RRR eee ccc ooo ggg nnn iii ttt iii ooo nnn Honoring E LLEN D E M ARTINI ff oo rr HH ee rr MM aa nn yy CC oo nn tt rr ii bb uu tt ii oo nn ss tt oo tt hh ee RR oo hh nn ee rr tt PP aa rr kk CC oo mm mm uu nn ii tt yy As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize Ellen De Martini for her many years of dedicated service and generous contributions to the Rohnert Park Community. In particular, Ellen has always been a strong supporter of the Rohnert Park Department of Public Safety . During training days, Ellen would personally deliver donuts every Thursday to the Public Safety Department and build a deep rapport with our officers. These close connections have led to long lasting relationships between Ellen and our Public Safety Department. For example, former Chief Tom Bullard asked Ellen to pin his badge on him when he became Chief. For over 20 years, Ellen has consistently sponsored the Rohnert Park Peace Officers Sports Federation by attending the annual crab feed and donating thousands of dollars to the organization. Most recently, Ellen has supported the K-9 Unit by agreeing to fund the veterinary bills for our new dog, Ori. Ellen is widely known for being an advocate for animals and we deeply appreciate her devoted efforts. We are truly honored to recognize Ellen for her resilient commitment to our community and constantly bringing joy to our City. Signed this 8th day of January, 2019 By: _________________________________________ GG ii nn aa BB ee ll ff oo rr tt ee ,, MM aa yy oo rr Item No. 3A CITY COUNCIL SPEAKER CARD Date: f"5- 19 Agenda Item#: Name: /1/ i,3Q k f^ Address: TOPIC: Ally f,Pied S 2tLn C Brief Summary of Comments: A Yhc hd n qq r e cc/4T-1 o!'7 o-c +he 0_,,y v s'se v'r,t"C.1114 et cr, See Reverse—* Dear Mayor Belforte January 8, 2019 I am respectfully requesting the Rohnert Park City Council amend a regulation of the city's Noise Ordinance regarding Article V Amplified Sound. Under Article V-Amplified Sound regulations- 9.44.200(B)To wit "The volume of sound shall be so controlled that it will not be unreasonably audible in excess of two hundred feet from the amplifying equipment". This Ordinance Amending Title 9, Chapter 9.44, Section 9.44.160 Through Section 9.44.200 Regarding Amplified Sound with Provision and Application Requirements was Duly and Regularly Adopted on the 12th day of January, 1993. This Amplified Sound regulation-9.44.200 (B)was developed by amending and re- wording the previous Amplified Sound regulation-9.44.200 (C) (Rohnert Park 11/10/75). The inclusion of the words "unreasonably audible" are vague, not definite, subjective and discriminatory in enforcement. This amended regulation fails in the realm of being unconstitutionally void "Void for Vagueness Doctrine" VAGUENESS DOCTRINE DEFINITION 1)A constitutional rule that requires laws to state explicitly and definitely what conduct is punishable. Laws that violate this requirement are said to be void for vagueness. The Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws. 2) Under vagueness doctrine, a statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions. Amplified Sound regulation 9.44.200 (C): "The volume of sound shall be so controlled that it"will not be audible" in excess of two hundred feet from the amplifying equipment." The words "will not be audible"are not vague but definite, unambiguous and enforceable. The Amending of Amplified Sound regulation-9.44.200 (B)will once again, establish this Ordinance regulation to be dear, specific, definite and enforceable. The ordinance is once again constitutional in that it now is explicit and definite in stating what conduct is punishable. Additionally, amending of Amplified Sound regulation -9.44.200 (B)will aid in maintaining a quiet ambiance and comfortable living environment for my wife and myself on our property. We have had to endure eight years of unnecessary disturbances from amplified sound. It will also aid in stemming annoying and unnecessary noise pollution. Please refer to the attached suggested personal draft of an ordinance defining and restricting the audibility range of amplified sound . I would appreciate that this request be placed on the Council Agenda in the month of January, 2019, for review and discussion. Respectfully submitted, WC;Wz Al Barr 5746 Dexter Circle Rohnert Park, Ca. CC: Gina Belforte Joseph T.Callinan Susan Hollingsworth Adams Jake Mackenzie Pam Stafford Darren Jenkins I respectfully suggest an amended ordinance provision regarding the distance of amplified sound to read as follows: It is unlawful for a person to allow amplified sound from amplifying equipment to be detected without the aid of instruments beyond 200 feet from the amplifying equipment. Any violation of this section shall constitute an infraction with a maximum penalty consisting of a fine not exceeding one hundred(100)dollars.For the first ninety(90)days following the effective date of this ordinance, warnings shall be issued in lieu of monetary fines. Respectfully submitted, Cad AI Barr CC: Gina Belforte Joseph T. Callinan Susan Hollingsworth Adams Jake Mackenzie Pam Stafford Darren Jenkins CITYJCOUNCIL SPEAKER CARD Date: / / Agenda Item#: ----- Name:SAir 1 O- JZ Address: Phone: TOPIC: /°X.4. 0A37/1 - Brief Summary of Comments: See Reverse- 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, December 11, 2018 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 Stafford called the joint regular meeting to order at 5:02 pm, the notice for which being legally noticed on December 6, 2018. Present: Pam Stafford, Mayor Joseph T. Callinan, Vice Mayor Amy O. Ahanotu, Councilmember Gina Belforte, Councilmember Jake Mackenzie, Councilmember Absent: None Staff present: City Manager Jenkins, City Attorney Marchetta-Kenyon, Development Services Director Pawson, Finance Director Howze, Human Resources Director Perrault, Interim Public Safety Director Weaver, Community Services and Public Works Director McArthur, City Clerk Buergler, Public Safety Commander Johnson, Acting Public Safety Commander Nicks, Public Safety Sergeant Bates, Management Analyst Beran, Planner Azevedo, Civilian Fire Marshal Thompson, Senior Analyst Tacata, and Assistant City Clerk Saldanha. 2. PLEDGE OF ALLEGIANCE Led by Councilmember Ahanotu. 3. PRESENTATIONS A. Honoring Councilmember Amy O. Ahanotu for His Many Years of Service with a Resolution from Senator Bill Dodd Senator Bill Dodd presented Councilmember Ahanotu with the resolution and highlighted his many accomplishments while serving the City. B. Honoring Councilmember Amy O. Ahanotu with a Certificate of Congressional Recognition from Congressman Mike Thompson City of Rohnert Park Joint Regular Meeting Minutes December 11, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 5 Field Representative, Andrea Rodriguez, presented Councilmember Ahanotu with the certificate and thanked him for his service. C. Mayor’s Proclamation: Honoring Interim Public Safety Director, Jeffrey Weaver, for His Service Mayor Stafford presented the proclamation to Interim Public Safety Director Weaver, who thanked Council for their support. 4. SSU STUDENT REPORT Briana Rodriquez, Legislative Representative, Sonoma State University (SSU) Associated Students, Inc. (SSU ASI) reported on finals week, upcoming changes to Student Senate bylaws, stress-free events held on campus, $100,000 alumni donation to CAPS (Counseling and Psychological Services) and housing issues. 5. DEPARTMENT HEAD BRIEFING None. 6. PUBLIC COMMENTS None. ACTION: Moved/seconded (Callinan/Mackenzie) to reorder the agenda and move Item 9 and Item 10 forward before the Consent Calendar. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Mackenzie, Callinan, and Stafford; NOS: None, ABSTAINS: None, ABSENT: None. 9. Consideration of Approving an Employment Agreement between the City of Rohnert Park and Timothy Mattos for Public Safety Director Services Human Resources Director Perrault presented the item and noted an error on Page 4 of Employment Agreement. Section “3. Compensation and Benefits” under “3B Benefits” on Line 2(a) which should read as “Administrative Leave” instead of “Annual Leave.” Recommended Action(s): Approve a resolution authorizing and approving the salary and benefits stated in the Employment Agreement with Timothy Mattos for Director of Public Safety Services as well as Salary Range 105. Public Comments: None. ACTION: Moved/seconded (Callinan/Belforte) to adopt Resolution 2018-162 Approving the Salary and Benefits Stated in the Employment Agreement with Timothy Mattos for Director of Public Safety Services and Approving Salary Range 105. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Mackenzie, Callinan and Stafford NOS: None, ABSTAINS: None, ABSENT: None. City of Rohnert Park Joint Regular Meeting Minutes December 11, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5 10. Consideration of Restructuring of the Department of Public Safety Command Staff, Approving Associated Job Descriptions and Salary Ranges and Authorizing the Finance Director to Increase Appropriations in the FY 2018-19 Budget Interim Public Safety Director Weaver presented the item. Public Safety Commander Johnson was available for questions. Recommended Action(s): Approve a resolution authorizing and approving restructuring Public Safety Command Staff, approving associated job descriptions and salary ranges and authorizing the Finance Director to increase appropriations in the FY 2018-19 Budget. Public Comments: None. ACTION: Moved/seconded (Callinan/Belforte) to adopt Resolution 2018-163 Authorizing and Approving Restructuring of the Department of Public Safety Command Staff, Approving Associated Job Descriptions and Salary Ranges and Authorizing the Finance Director to Increase Appropriations in the FY 2018-19 Budget. Motion carried by the following unanimous 5-0 vote: AYES: Ahanotu, Belforte, Mackenzie, Callinan and Stafford NOS: None, ABSTAINS: None, ABSENT: None. 7. CONSENT CALENDAR A. Approval of Minutes for: 1. None. B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated December 11, 2018 C. City Council Resolution for Adoption: 1. 2018-156 Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges Revised December 9, 2018 2. 2018-157 Adopting the Amended Co-Sponsorships and Fee Waivers Policy 3. 2018-158 Accepting the Development Impact Fee Report for Fiscal Year July 1, 2017 through June 30, 2018 4. 2018-159 Reciting the Facts of the of General Municipal Election Consolidated with the General Election Held on November 6, 2018, Declaring Results and Such Other Matters as Provided by Law 5. 2018-160 Authorizing an Affordable Housing Agreement Between the City of Rohnert Park and the Housing Land Trust of Sonoma County, Approving Budget Appropriations of $15,000 Necessary to Preserve Affordable Units at CentreVille and Related Actions 6. 2018-161 Rescinding Resolution 2018-018 and Authorizing and Approving an Offsite Public Improvement and Public Facilities Fee Credit Agreement with the University District LLC and Vast Oak Property L.P. for Rohnert Park Expressway Improvements Phase 2 and Certain Landscaping Improvements D. Approve Amendment 1 to Task Order 2017-01 with Brelje and Race Consulting Civil Engineers for Additional Construction Management and Design Services for the Water Tank #8 Project and Related Actions City of Rohnert Park Joint Regular Meeting Minutes December 11, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5 E. Authorize the City Manager to Execute Task Order 2018-03 with Green Valley Consulting Engineers for Design Services for the Neighborhood Upgrades Sidewalk and Creek Pathways Replacement Project (2017-22) in amount not to exceed $158,740 F. Approve the Following Order of Succession for the Director of Emergency Services: 1) City Manager, 2) Assistant City Manager, 3) Public Safety Director, 4) Director of Public Works & Community Services, 5) Director of Development Services, 6) Finance Director, and 7) Human Resources Director ACTION: Moved/seconded (Callinan/Mackenzie) to approve the Consent Calendar. Motion carried by the following unanimous vote 5-0 vote: AYES: Ahanotu, Belforte, Mackenzie, Callinan and Stafford, NOS: None, ABSTAINS: None, ABSENT: None. 8. CEREMONY FOR INSTALLATION OF ELECTED CITY COUNCILMEMBERS AND SELECTION OF OFFICERS FOR THE YEAR 2019 A. Reflections 2018 1. Year’s Highlights (slide show) Video presentation. 2. Mayor’s Comments Mayor Stafford commented on 2018. 3. Councilmembers’ Comments Councilmembers Ahanotu, Belforte, Mackenzie, and Vice Mayor Callinan commented on 2018. B. Presentations 1. Mayor Stafford presented Councilmember Ahanotu with a memento and thanked him for his eight years of service on the City Council, including one term as Mayor. Councilmembers Mackenzie, Belforte, and Vice Mayor Callinan also thanked Councilmember Ahanotu for his service. Councilmember Ahanotu shared his journey as a Rohnert Park resident and how he began serving on City Council. 2. Vice Mayor Callinan presented Mayor Stafford with a memento of the past year and thanked her for her service. C. Installation of Councilmembers Elect City Clerk Buergler certified that the City Council of the City of Rohnert Park adopted Resolution No. 2018-159 on December 11, 2018, which contains the statement of the vote and declares the results of the General Municipal Election and administered the Oaths of Office and presented the Certificates of Election to Pam Stafford and Susan Hollingsworth Adams. Due to a character limitation on the City of Rohnert Park Joint Regular Meeting Minutes December 11, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5 Statement of Votes Cast a candidate’s name was published incorrectly, Susan Hollingsworth Adam should be Susan Hollingsworth Adams. D. Selection of City Council Officers for 2019 – Consideration and Nomination and Selection of Mayor and Vice Mayor 1. Public Comments: None. 2. Selection of Mayor 3. Section of Vice Mayor ACTION: Mayor Stafford nominated Vice Mayor Callinan for Mayor, seconded by Councilmember Mackenzie for a one (1) year term. Vice Mayor Callinan declined the nomination for Mayor and requested to be nominated for Vice Mayor. Mayor Stafford withdrew her nomination. Motion withdrawn. ACTION: Vice Mayor Callinan nominated Councilmember Belforte for Mayor and himself for Vice Mayor, seconded by Mayor Stafford for one (1) year terms. Motion carried by the following unanimous 5-0 roll call vote: AYES: Adams, Belforte, Mackenzie, Callinan and Stafford; NOS: None, ABSTAINS: None, ABSENT: None. E. Installation of Mayor and Vice Mayor for 2019 Outgoing Mayor Stafford presented the gavel to incoming Mayor Belforte. Mayor Belforte assumed the gavel and seated the City Council. F. Vision 2019 1. Mayor’s Comments Mayor Belforte expressed her vision for 2019. 2. Councilmembers’ Comments Councilmembers Adams, Mackenzie, Stafford and Vice Mayor Callinan expressed their vision for 2019. 18. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 7:00 pm. Refreshments followed the regular meeting. _____________________________________ __________________________________ Caitlin Saldanha, Assistant City Clerk Gina Belforte, Mayor City of Rohnert Park City of Rohnert Park Item 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 27, 2018 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 Stafford called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on November 21, 2018. Present: Pam Stafford, Mayor Amy O. Ahanotu, Councilmember Gina Belforte, Councilmember Jake Mackenzie, Councilmember Absent: Joseph T. Callinan, Vice Mayor Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City Attorney Rudin, Development Services Director Pawson, Human Resources Director Perrault, Finance Director Howze, Senior Analyst L. Tacata, Planning Manager Beiswenger, Community Services Manager Bagley, Management Analyst Beran, Management Analyst E. Tacata, and City Clerk Buergler. 2. PLEDGE OF ALLEGIANCE Led by Lisa Orloff, Rohnert Park Chamber of Commerce Executive Director. 3. PRESENTATIONS A. Chamber of Commerce: 36th Annual Holiday Lights Celebration on Saturday, December 1st from 5 pm – 7 pm Chamber of Commerce Executive Director Lisa Orloff invited the community to the event. 4. DEPARTMENT HEAD BRIEFING A. Public Safety: Rohnert Park Public Safety Officers Association (RPPSOA) Santa Sleigh Toy Drive 2018. Sergeant Jerrod Marshall announced the Santa Sleigh schedule, updates will be announced on Facebook, and welcomed Santa. City of Rohnert Park Joint Regular Meeting Minutes November 27, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 6 B. Public Safety: Introduction of New Public Safety Canine, O’Rion (Ori). Public Safety Officer Ben Fernandez introduced his partner Ori. 5. PUBLIC COMMENTS Julie Royes requested the City Council to agendize banning Roundup and all synthetic pesticides. ACTION: Moved/seconded (Mackenzie/Belforte) to reorder the agenda to pull Item 6.D.1 from the Consent Calendar and move it after Item 7. Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu, Belforte, Mackenzie, and Stafford, NOS: None, ABSTAINS: None, ABSENT: Callinan. 6. CONSENT CALENDAR A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting, November 13, 2018 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated November 27, 2018 2. RPFA- Cash Report for Month Ending October 2018 3. Housing Successor Agency- Cash Report for Month Ending October 2018 4. Successor Agency- Cash Report for Month Ending October 2018 C. City Council Resolution for Adoption: 1. 2018-154 Adopting the Appendix to the Purchasing Policy: Emergency and Disaster Purchasing Policy D. Ordinance for Adoption: 1. Ord. 928 An Ordinance of the City of Rohnert Park, California, Approving a Development Agreement Between the City of Rohnert Park and Laulima Development, LLC, for Development of the Station Avenue Project (APN 143-040-124 and APN 143-051-089) ACTION: Moved/seconded (Mackenzie/Belforte) to approve the Consent Calendar. Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu, Belforte, Mackenzie, and Stafford, NOS: None, ABSTAINS: None, ABSENT: Callinan. 7. ADOPTION OF AN ORDINANCE - Consideration of an Amendment to the Zoning Map and Amendment to the Rohnert Park Municipal Code (“RPMC”) Chapter 17.06 (Land Use Regulations) to Implement a Form-Based Code for the Downtown District Amenity Zone (File No. PLMC18-0003) (CEQA Review: Consistent with Environmental Impact Report for the Central Rohnert Park Priority Development Area) City of Rohnert Park Joint Regular Meeting Minutes November 27, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 6 Planning Manager Beiswenger presented the item. Recommended Action(s): Adopt an ordinance to: Amend the Rohnert Park Zoning Map to alter the boundaries of the Downtown District Amenity Zone (DDAZ) and Amend Chapter 17.06 (Land Use Regulations) of the Rohnert Park Zoning Ordinance to rescind and replace Article XIII (Downtown District Amenity Zone (DDAZ) to implement Form-Based Code provisions.). Public Comment: Steve Jaeger and Michael Karasik (Argonaut Investments) and Chris Meyer. ACTION: Moved/seconded (Mackenzie/Belforte) to adopt Ordinance 927 An Ordinance of the City Council of the City of Rohnert Park, California, Amending the Zoning Map and Zoning Ordinance for the Downtown District Amenity Zone (DDAZ) Overlay Districts (Chapter 17.06, Article XIII) and directed staff to bring back modifications to the applicability of the Form Based Code to exempt existing building for consideration in early 2019. Title read by Mayor Stafford. Motion carried by the following unanimous 4-0-1 Roll Call vote: AYES: Ahanotu, Belforte, Mackenzie, and Stafford, NOS: None, ABSTAINS: None, ABSENT: Callinan. 6.D.1 ADOPTION OF ORDINANCE - Consider adoption of a Development Agreement between the City and Laulima Rohnert Station LLC (File No. PROJ18-0001) (CEQA Review: Consistent with Environmental Impact Report for the Central Rohnert Park Priority Area). City Manager Jenkins presented the item. Recommended Action(s): City Council adopt an Ordinance approving a Development Agreement between the City of Rohnert Park and Laulima Rohnert Station LLC. Public Comment: None. ACTION: Moved/seconded (Ahanotu/Belforte) to adopt Ordinance 928 An Ordinance of the City of Rohnert Park, California, Approving a Development Agreement Between the City of Rohnert Park and Laulima Development, LLC, for Development of the Station Avenue Project (APN 143-040-124 and APN 143- 051-089) Title read by Mayor Stafford. Motion carried by the following unanimous 4-0-1 Roll Call vote: AYES: Ahanotu, Belforte, Mackenzie, and Stafford, NOS: None, ABSTAINS: None, ABSENT: Callinan. 8. ADOPTION OF ORDINANCES - Consideration of the Following Approvals to Allow a High-Density Residential Project at the Southeast Corner of Dowdell Avenue and Business Park Drive (APN 143-040-135): (1) Rezoning from Industrial (I-L) to High Density Residential (R-H) and (2) Development Agreement between the City and Redwood Crossings RP and Sonoma Media Investments City of Rohnert Park Joint Regular Meeting Minutes November 27, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 6 Development Services Director Pawson presented the item. Recommended Action(s): Adopt the following ordinances associated with the Redwood Crossings Project: 1. Ordinance amending the City of Rohnert Park Zoning Map for the property located at the southeast corner of Dowdell Avenue and Business Park Drive (APN 143-040-135) from a zoning designation of Industrial (I-L) to a designation of High Density Residential (R-H). 2. Ordinance approving a Development Agreement between the City of Rohnert Park and Redwood Crossings RP LLC and Sonoma Media Investments LLC for the development of the Redwood Crossings Project (APN: 143-040-135) Public Comment: None. Councilmember Belforte stated for the record that she is committed to tackling affordable housing but not at the expense of industrial land, therefore, she will vote no on this item. ACTION: Moved/seconded (Ahanotu/Mackenzie) to adopt Ordinance 925 An Ordinance of the City of Rohnert Park, California, Amending the City of Rohnert Park Zoning Map for the Property Located on the Southeast Corner of Dowdell Avenue and Business Park Drive (APN: 143-040-135) from a Zoning Designation of Industrial (I-L) to a Designation of High Density Residential (R-H). Title read by Mayor Stafford. Motion carried by the following 3-1-1 Roll Call vote: AYES: Ahanotu, Mackenzie, and Stafford, NOS: Belforte, ABSTAINS: None, ABSENT: Callinan. ACTION: Moved/seconded (Ahanotu/Mackenzie) to adopt Ordinance 926 An Ordinance of the City of Rohnert Park, California, Approving a Development Agreement between the City of Rohnert Park and Redwood Crossings RP LLC and Sonoma Media Investments for Development of the Redwood Crossings Project (APN 143-040-135). Title read by Mayor Stafford. Motion carried by the following 3-1-1 Roll Call vote: AYES: Ahanotu, Mackenzie, and Stafford, NOS: Belforte, ABSTAINS: None, ABSENT: Callinan. 9. Discussion and Direction on General Plan Update and Vision Statements Planning Manager Beiswenger presented the item. Recommended Action(s): Conduct a review of vision statements prepared for the General Plan update project by staff with input from the public and the Planning Commission. Discuss and provide direction to staff to help create vision statements for incorporation into the draft General Plan document. Public Comment: Teri Shore, Regional Director for Green Belt Alliance. Councilmember Mackenzie stated for the record that he wants to be sure that the LAFCO decisions over the past 18 years, as we have implemented the current general plan, are made available to us to ensure we have a full understanding of the implications for the future. For example, regional transportation impact fees. City of Rohnert Park Joint Regular Meeting Minutes November 27, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 6 ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to bring back a recommended vision statement. Councilmember Mackenzie stepped away from the dais at 6:56 pm and returned to the meeting at 6:59 pm. 10. Consideration of Amendments to the Co-Sponsorship and Fee Waiver Policy Community Services Manager Bagley presented the item. Recommended Action(s): Consider amending the Co-Sponsorships and Fee Waivers Policy. Public Comment. None. ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to move forward with the amending the policy and bring back for adoption at a future meeting. 11. PUBLIC HEARING (NO EARLIER THAN 6 PM) (Noticed: 11/16/2018 and 11/23/18) Consideration of Amending Planning and Engineering Fee Schedules Management Analyst E. Tacata and Development Services Director Pawson presented the item. Recommended Action(s): Conduct a Public Hearing and adopt resolution to amend Planning Fee Schedule and Engineering Fee Schedule Hearing Opened 7:06 p.m. Public Comments: None. Hearing Closed 7:06 p.m. ACTION: Moved/seconded (Belforte/Mackenzie) to adopt Resolution 2018-155 Amending Planning and Engineering Fee Schedules. Motion carried by the following unanimous 4-0-1 vote: AYES: Ahanotu, Belforte, Mackenzie, and Stafford, NOS: None, ABSTAINS: None, ABSENT: Callinan. 12. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committee Reports None. B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (11/20) Mayor Stafford reported the new board members were introduced. C. Other Reports None. City of Rohnert Park Joint Regular Meeting Minutes November 27, 2018 for City Council/Rohnert Park Financing Authority/Successor Agency Page 6 of 6 13. COMMUNICATIONS Mayor Stafford reported a letter was received from Sonoma State University thanking the City for the $280,565 check (pass through funds) which will benefit the Graton Rancheria Summer Bridge Program. 14. MATTERS FROM/FOR COUNCIL Councilmember Mackenzie requested a presentation of the City’s Integrated Pest Management Policies be agendized early 2019. ACTION: By Consensus (none opposed, Callinan absent), City Council directed staff to add the item to a future agenda. 15. PUBLIC COMMENTS Gary Coffman expressed concern regarding the street sweeper schedule and ability to properly sweep the streets due to parked cars. 16. CLOSED SESSION A. Mayor Stafford made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 7:11 p.m. in Conference Room 2A to Consider: 1. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Raul Barajas et. al. vs. City of Rohnert Park, et. al., United States District Court, Northern District of California, Civil Action No. CV14-51-57 MEJ 2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Mary Roe vs. City of Rohnert Park, et. al., Sonoma County Superior Court, Case No. SCV261087 3. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): (One Case) B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 7:36 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Stafford reported: no reportable action. 17. ADJOURNMENT Mayor Stafford adjourned the joint regular meeting at 7:37 p.m. _____________________________________ __________________________________ JoAnne M. Buergler, City Clerk Pam Stafford, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 6B1 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: January 8, 2019 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Acceptance of Reports – Councilmember Stafford’s Reappointment of Creighton Bell to the Bicycle and Pedestrian Advisory Committee, Sarah Finnigan to the Mobile Home Rent Appeals Board, Linda Canterbury to the Parks and Recreation Commission, Shari Lorenz to the Sister Cities Relations Committee, and Appointment of Gary Coffman to the Senior Citizens Advisory Commission- Terms Expiring December 31, 2022 RECOMMENDED ACTION: Accept report of Councilmember Stafford’s Reappointment of Creighton Bell to the Bicycle and Pedestrian Advisory Committee, Sarah Finnigan to the Mobile Home Rent Appeals Board, Linda Canterbury to the Parks and Recreation Commission, Shari Lorenz to the Sister Cities Relations Committee, and Appointment of Gary Coffman to the Senior Citizens Advisory Commission- Terms Expiring December 31, 2022. BACKGROUND: In compliance with the Maddy Act (Gov’t Code § 54970, et seq.) a 2018 Local Appointments List containing required advisory body appointive information was posted and distributed in January 2018 and updated throughout the year. On November 13, 2018, the Commissioners were advised of their expiring term. In order to attract potential applicants, the City Clerk’s office issued a press release on November 14, 2018 and distributed information on social media. In addition past applicants were contacted to find out if they continued to be interested in serving. Seventeen candidates submitted applications which were forwarded to Councilmembers Stafford and Adams for consideration. 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. The following is a report of Councilmember Stafford’s actions: Creighton Bell Reappointed Bicycle and Pedestrian Advisory Committee Sarah Finnigan Reappointed Mobile Home Rent Appeals Board Linda Canterbury Reappointed Parks and Recreation Commission Shari Lorenz Reappointed Sister Cities Relations Committee Gary Coffman Appointed Senior Citizens Advisory Commission ITEM NO. 6B1 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: 12/31/2018 Finance Director Approval Date: NA City Attorney Approval Date: NA Attachments (list in packet assembly order): 1. Completed Reappointment/Fact Sheet Forms 2. City Council Protocols Section XI, City Commissions, Committees, and Boards Oity of Ro nert Park 2 l OHNERT PARK NOV 1 6 2018equest fo Reappa1ntment am�of CmttrmL t /Com ·u�o/130..ir Ftl me C eig ton B Be�I . CITY CLER'(Bicycle/ Pedestrian Advisory Con mitlee I files deoc:e Add, ss 5329 Eagan Ct, Bohnert park 9492.8 l h . 1cal Addrl!SS, o POj f! Pho e 1 07)b84-/Y49 c:eJ e •07)543-6502 Email oreighto @so,rnic. el Aerroo Employed Si ncl.l J- j Tl le/�o:r»l ll on luaso l11;t cummu 11 g; oups r org,anlz uon� � a rl aterl wi h c1nd Ii a � uf cs held. t.lona!Comm Work Phon ( B cycle/ Pedestrian dVisory Cornmiltee Roh ert P'ar -Cota i ran; arts Com itte e Co a -Jazz F estlval Bo d _c_:e_19hto_··_n_e,_ee_11 __ � t ")/// 11111 12018 1.! (PrlntedJ: 5 ,!;rl'<lllU C lJO Avtam A�thle • Floh.!N!flt: '='., CA 1t :9'4928 • (?011.51S�l2Z7 t F1111 (:71)1J � ·9 48 W WI dt'!' City of Rohnert Park Request for Reappointment ROHNERT PARK 2019 DEC I 2 2018 CITY CLERK Name of Commission/Committee/Board 1 �a:1f_AP��'&'f,=-O_A)e.D_.._--"""""'-------, Full Name 5t\-RA+i M ER.ceD� r'I N N l� A-NResidence Address 5" SO'T ""1 R.8'( PLA-ce; (Physical Address, not PO) R.o N � K> c...A "\ "\-4�'--""C...------Home Phone (4-t':)) -3�0-0-Z...50 Cell Phone (-=ttr-H o-Lo 'Z4Q "-C---1 Email SFi\'\vi22:2.@ �m�i ),coM [41�)��0-021:>o (_P ·4Employer fA-r� Of' CACAL. O t?S o�IGe"'-oF ,yk�ved Since ]1t>}l}J� Job Title/Position BM£:;)(& v v O Work Phone J r-lr,41-�) r:..,,c_:"",----.....�...., 1 ��<AN r<eD U<-0SS (Vt>Ul�),rm �tl-A-N UN\ Vtne. $ l'T'f t> f P kR>.S [ ,M...\J'M NPlease list community groups NoP:fH� cA \11)\..\)t-.rrr\12..'"1 o �,A,N lc;A'T/o-NS or organizations you are 11 ;:\ ( "" affiliated with and list any ;.v-nv-e l N 'DlS,¥i,� LVDkD .J �'Et'\ 13 �.; offices held. Additional Comments <ofr"RA:H M . E,I\J f'. J/ 6wA,J_�a..t..c:1Jk.72,��il!'M.�J-Name (Printed) Sign /7-/J'?...h BI I Date 130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588-2227 • Fax (707) 794-9248 www.rpcity.org City of Rohnert Park Request for Reappointment 2019 \J 0 r I Name of Commission/Co;mittee/Board I Parks and Recreation-Co-mmission -------! Full Name Linda Canterbury Residence Add.ress I 1018 Copeland-Creek Dr., Rohnert Park, CA (Physic.al Address, not PO) Home Phone 07 ) 586-1673 -, Cell Phone 1 (707) �Bh-6_?� _ Email lcrcanter@gmail.com Employer [ Retired Job Title/Position -Employed Since --J Work Phone r ( __ ) __ I Please list community groups 1 or organizations you areI affiliated with and list any offices held. Additional Comments Linda Canterbury Name (Printed) Currently serving on the Parks and Recreation Commission Appointed to the Parks and Rec Commission on June 18, 2015 Served on the Sister Citie.s Relations Committee Served on the Rohnert Park Education Foundation Board �� Signature 11/8/2019 Date 130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588-2227 • Fax (707) 794-9248 www.rpdty.org City of Rohnert Park Request for Reappointment Name of Commission/Committee/Board Please list community groups on1rganizations you are affll.iated'Wlth and Hst any offices held, Additional Comments {5� LO SJC- Name (Printed) I \__, ROHNERT PARK NOV 21 2018 019 CITY CLERK Date 130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588-2227 • Fa� (707) 794-9248 www.rpclty.org City· of Rohnert Park Fact Sheet for Appointments to Commissions. Committees and Boards ( ) ( OQQO#rpARK NOV 2 7 2018 CITY CLERK ) I /./.Jh� liv/9'0 llcJ (?.oUAit:19f P-AR. raft.� )UMS" �.,a"P.lls , .h� '1'3 �l:TA-� C)� ---t SP"t-JP A Le, o( Tl�,�/.m--r-HE $e-�tR-e..rm-�. tT w..4-s" 7,u. dt'a-.r-t L#A-tt..� A-�"l"' ,u. "S S'MdL .At:>e.>l'S,O&f (!.ol'/Ml!lSltJU Mo'l#f7AJ4s. r::. ;1 �uti'" 13,cresl.l <;,o,vr."r"o ,d,u -411/t:> 1=,.e1- t Co"''-" p� �oH Ii lvl:r-'c.J 1D�lk /.h�":) ;- l>JF�t:;--«.>,,1 c-tli'4J"r""allU .f.rtT G't) C:. Cf '/ e c;,\J\ "IJ C.. I.. c;" J.f ,n;;,-1/ Jv (. � 1}1v ar If� e. 1ry �6=l:""lc.4S, Signature Date: Pl.EASE RETURN ro CITY a..ERK'S OFFICE 130 Avram Avenue • Rohnert Parle CA • 94928 • (707) 588-2227 • Fax (707) 794-9248 City Council Protocols Page 23 of 27 Amended 4/24/2018 by Reso. No. 2018-053 promptly communicated to each committee member. Individual committee members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee’s purpose without the knowledge of all committee members. E. Communications Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members. 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. City Council Protocols Page 24 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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 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. City Council Protocols Page 25 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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. 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. ITEM NO. 6B2 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: January 8, 2019 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Acceptance of Reports – Councilmember Adams’ Appointment of Gary Kenworthy to the Bicycle and Pedestrian Advisory Committee, Janeen Kirby to the Mobile Home Rent Appeals Board, Edward Chasco to the Parks and Recreation Commission, Phyllis Transue to the Senior Citizens Advisory Commission, and Cyrel M. Tramel to the Sister Cities Relations Committee- Terms Expiring December 31, 2022 RECOMMENDED ACTION: Accept report of Councilmember Adams’ Appointment of Gary Kenworthy to the Bicycle and Pedestrian Advisory Committee, Janeen Kirby to the Mobile Home Rent Appeals Board, Edward Chasco to the Parks and Recreation Commission, Phyllis Transue to the Senior Citizens Advisory Commission, and Cyrel M. Tramel to the Sister Cities Relations Committee- Terms Expiring December 31, 2022. BACKGROUND: In compliance with the Maddy Act (Gov’t Code § 54970, et seq.) a 2018 Local Appointments List containing required advisory body appointive information was posted and distributed in January 2018 and updated throughout the year. On November 13, 2018, the Commissioners were advised of their expiring term. In order to attract potential applicants, the City Clerk’s office issued a press release on November 14, 2018 and distributed information on social media. In addition past applicants were contacted to find out if they continued to be interested in serving. Seventeen candidates submitted applications which were forwarded to Councilmembers Stafford and Adams for consideration. 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. The following is a report of Councilmember Adams’ appointments: Gary Kenworthy Bicycle and Pedestrian Advisory Committee Janeen Kirby Mobile Home Rent Appeals Board Edward Chasco Parks and Recreation Commission Phyllis Transue Senior Citizens Advisory Commission Cyrel M. Tramel Sister Cities Relations Committee ITEM NO. 6B2 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: 12/31/2018 Finance Director Approval Date: NA City Attorney Approval Date: NA Attachments (list in packet assembly order): 1. Completed Reappointment/Fact Sheet Forms 2. City Council Protocols Section XI, City Commissions, Committees, and Boards City Council Protocols Page 23 of 27 Amended 4/24/2018 by Reso. No. 2018-053 promptly communicated to each committee member. Individual committee members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee’s purpose without the knowledge of all committee members. E. Communications Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members. 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. City Council Protocols Page 24 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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 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. City Council Protocols Page 25 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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. 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. City of Rohnert Park Cash Report As of October 31, 2018 To: The Honorable Mayor & Members of the City Council Darrin Jenkins, City Manager Summary of General Fund Cash Total General Fund Cash Restricted (External) Assigned Subtotal (not available to spend) Unassigned Restricted Detail: Refundable Deposits Housing Program Senior Center Donations PARS Contribution Trust Assigned Detail: Operating Reserve Contingency Reserve Insured Losses Reserve Retiree Health Savings Reserve Enterprise Fund Cash Water Utility Operations Fund Water Capacity Fund Capital Preservation Water Fund Water Capital Fund Per Acre For Development Fee Fund Sewer Utility Operations Fund Capital Preservation Sewer Sewer Capital Fund JEPA Deposit-Wastewater Recycled Water Operation Funds Recycled Water Capital Fund Capital Preservation Recycled Water Fund Refuse Utility Operations Fund Golf Course Enterprise Fund Total Enterprise Fund Cash 1 of 3 From: Betsy Howze, Finance Direc� Prepared By: Yosselyn Valencia $ 30,644,670.80 $ 14,325,304.65 8,859,055.33 23,184,359.98 $ 7,460,310.82 $ 1,061,296.02 31,541.25 14,096.95 13,218,370.43 $ 14,325,304.65 $ 4,619,968.00 2,910,530.00 1,245,244.33 83,313.00 $ 8,859,055.33 $ 5,208,307.14 6,060,998.34 363,879.68 425,812.96 831,503.99 14,681,911.96 195,778.93 246,554.35 502,278.44 345,249.48 (2,600.50) 4,442.93 581,519.03 30,292.34 $ 29,475,929.07 ITEM NO. 6B3 City of Rohnert Park Cash Report Continued As of October 31, 2018 Internal Service Fund Cash Total Internal Service Fund Cash Spec�IRevenueFunds $ 8,897,407.07 Special Revenue Funds Continued City of Rohnert Park Cash Report Continued As of October 31, 2018 Casino Neighborhood Upgrade Work Force Housing Rent Appeals Board Fund Copeland Creek Drainage Fund SESP CFO Fund SESP Add'I PS Personnel Fund SESP Regional Traffic Fee Fund SESP Valley House Mitigation Total Special Revenue Funds Capital Project Funds City Capital Projects Wilfred Dowdell Specific Plan Mitigation Program 2007 R Bond Proceeds Total Capital Projects Funds Permanent Funds Performing Arts Center Donations Dorothy Spreckels Endowment Fund <1 > Total Permanent Fund Trust & Agency Funds Rohnert Park Foundation Federal Seized Assets State Seized Assets SOMO Trust Total Trust & Agency Funds Total Cash All City Funds 1,525,750.65 189,491.74 6,526.76 323,224.30 60,675.02 174,699.50 47,049.88 $ 27,685,458.04 $ 363,892.11 13,289.61 1,050,217.54 $ 1,427,399.26 $ 270,204.87 35,000.00 $ 305,204.87 $ 421,644.52 193,226.38 293,199.01 2,169,851.92 $ 3,077,921.83 $ 101,513,990.94 (1) Per the 1st amendment to the Dorothy Spreckels 1999 Trust, Section 3.4.1; $500,000 is "to be held as an endowment fund. The income of the fund (but no part of the principal or appreciation thereof, realized or unrealized) shall be used for the general charitable purposes of the City of Rohnert Park's Dorothy Rohnert Spreckels Preforming Arts Center." September 1, 2017 Dorothy Spreckels Endowment funds were loaned to the Water Fund at 3% interest. 3 of 3 Item 6B4 ITEM NO. 6C1 1 Meeting Date: January 8, 2019 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Tracy Rankin, Human Resources Analyst Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018 RECOMMENDED ACTION: Approve the attached resolution authorizing and approving the City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018. BACKGROUND: Council approved the City of Rohnert Park Current Pay Rates and Ranges document dated December 9, 2018 on December 11, 2018, pursuant to Resolution No. 2018-156. Since that date, the following position and salary changes have been approved and/or require updating: Description Action Approval Director of Public Safety Employment Agreement with Director of Public Safety Timothy Mattos approved; update pay rates and ranges Resolution No. 2018- 162 dated 12/11/18 Public Safety Deputy Chief (DCPS) New position; add to pay rates and ranges RPPSMA Unit New Range 96 $11,280.83 - $13,711.92 Monthly Resolution No. 2018- 163 dated 12/11/18 Public Safety Lieutenant (LIEU) (was P.S. Commander) Position title change; update pay rates and ranges Resolution No. 2018- 163 dated 12/11/18 Planner III – Housing Specialist (PLNR3H) (was Planner III – Housing and Economic Development Specialist) Position title change; update pay rates and ranges City Manager 11/29/18 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 ANALYSIS: California Public Employees’ Retirement Law at Section 570.5 of the California Code of Regulations Title 2 requires the City Pay Rates and Ranges document published on the City’s internet site to be approved, in its entirety, by the City Council each time a modification is made. Attached as Exhibit A to this staff report is the updated City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018 that incorporates the changes listed above. Staff recommends that the Council adopt the updated Pay Rates and Ranges by resolution. OPTIONS CONSIDERED: This is not applicable. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact. Department Head Approval Date: N/A City Manager Approval Date: 12/18/18 City Attorney Approval Date: N/A Finance Director Approval Date: 12/17/18 Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018 2. Exhibit “A” City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018 RESOLUTION NO. 2019-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE CITY OF ROHNERT PARK CURRENT PAY RATES AND RANGES REVISED DECEMBER 23, 2018 WHEREAS, the California Public Employees’ Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City of Rohnert Park to publish the City’s Current Pay Rates and Ranges on the City’s internet site and the City Council to approve the Pay Rates and Ranges in its entirety each time a modification is made; and WHEREAS, the City Council previously approved the City Pay Rates and Ranges document dated December 9, 2018 on December 11, 2018 pursuant to Resolution No. 2018-156 and position and salary changes have been subsequently approved and/or require updating; and WHEREAS, staff recommends that the City Council adopt the updated City Pay Rates and Ranges document revised December 23, 2018 attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the City of Rohnert Park Current Pay Rates and Ranges revised December 23, 2018 attached hereto as Exhibit “A” and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 8th day of January, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A CITY OF ROHNERT PARK CURRENT PAY RATES & RANGES Revised December 23, 2018 CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) Page 1 N/R CLASS STEP Hourly Biweekly Monthly Annually City Council (COUN)N/A $223.41 $484.06 N/R CLASS STEP Hourly Biweekly Monthly Annually City Manager (CMGR)N/A $19,583.33 $235,000.00 (By Employment Contract) RANGE 105 CLASS STEP Hourly Biweekly Monthly Annually Director of Public Safety (SDIR)N/A 1 $76.31 $6,105.01 $13,227.51 $158,730.16 (By Employment Contract)2 $80.13 $6,410.26 $13,888.89 $166,666.67 3 $84.13 $6,730.77 $14,583.33 $175,000.00 4 $88.34 $7,067.31 $15,312.50 $183,750.00 5 $92.76 $7,420.67 $16,078.13 $192,937.50 RANGE 103 CLASS STEP Hourly Biweekly Monthly Annually Assistant City Manager (ACM)M 1 $68.48 $5,478.43 $11,869.94 $142,439.28 (By Employment Contract)2 $71.91 $5,752.43 $12,463.60 $149,563.25 3 $75.50 $6,040.31 $13,087.34 $157,048.09 4 $79.28 $6,342.07 $13,741.15 $164,893.81 5 $83.24 $6,659.25 $14,428.38 $173,140.51 RANGE 100 CLASS STEP Hourly Biweekly Monthly Annually Director of Development Services (DODS)M 1 $60.08 $4,806.55 $10,414.18 $124,970.18 Director of Public Works and Community 2 $63.08 $5,046.62 $10,934.33 $131,212.01 Services (PWCS)3 $66.24 $5,299.02 $11,481.22 $137,774.61 4 $69.55 $5,563.77 $12,054.83 $144,658.00 5 $73.02 $5,841.88 $12,657.41 $151,888.89 RANGE 98 CLASS STEP Hourly Biweekly Monthly Annually City Engineer (CENG)M 1 $57.88 $4,630.22 $10,032.14 $120,385.72 Finance Director/City Treasurer (FDIR)2 $60.77 $4,861.55 $10,533.36 $126,400.32 Human Resources Director (HRDIR)3 $63.81 $5,104.71 $11,060.20 $132,722.34 4 $67.00 $5,360.20 $11,613.76 $139,365.14 5 $70.35 $5,628.03 $12,194.06 $146,328.72 RANGE 94 CLASS STEP Hourly Biweekly Monthly Annually City Clerk (CCLERK)M 1 $47.72 $3,817.99 $8,272.31 $99,267.76 Civilian Fire Marshal (CFM)2 $50.11 $4,008.71 $8,685.54 $104,226.47 Deputy City Engineer (DCENG)3 $52.61 $4,209.20 $9,119.93 $109,439.13 Development Engineering Manager/ 4 $55.24 $4,419.45 $9,575.48 $114,905.74 Building Official (DEMG)5 $58.01 $4,640.50 $10,054.42 $120,653.03 Planning Manager (PLMG) PW Operations Manager - General Services (PWOMG) PW Operations Manager - Utilities (PWOMU) RANGE 96 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Deputy Chief (DCPS)P 1 $65.08 $5,206.54 $11,280.83 $135,370.00 2 $68.34 $5,466.87 $11,844.88 $142,138.50 3 $71.75 $5,740.21 $12,437.12 $149,245.43 4 $75.34 $6,027.22 $13,058.98 $156,707.70 5 $79.11 $6,328.58 $13,711.92 $164,543.08 Rohnert Park Public Safety Managers' Association (RPPSMA) CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) Page 2 RANGE 95 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Lieutenant (LIEU)P 1 $54.92 $4,393.85 $9,520.01 $114,240.13 P.S. Commander (PSCMDR)2 $57.67 $4,613.23 $9,995.33 $119,943.92 3 $60.54 $4,843.44 $10,494.12 $125,929.38 4 $63.57 $5,085.38 $11,018.33 $132,219.98 5 $66.75 $5,339.97 $11,569.93 $138,839.20 6 $69.75 $5,580.27 $12,090.58 $145,086.96 CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) Page 3 RANGE 70-CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician Trainee (HRTT)X 1 $19.32 $1,545.81 $3,349.25 $40,190.95 2 $20.29 $1,622.92 $3,516.32 $42,195.81 3 $21.30 $1,704.14 $3,692.30 $44,307.61 4 $22.37 $1,789.47 $3,877.19 $46,526.33 5 $23.49 $1,878.92 $4,071.00 $48,851.98 RANGE 72-CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician (HRT)X 1 $25.27 $2,021.32 $4,379.53 $52,554.31 2 $26.53 $2,122.59 $4,598.95 $55,187.37 3 $27.86 $2,228.49 $4,828.39 $57,940.72 4 $29.25 $2,340.04 $5,070.09 $60,841.10 5 $30.72 $2,457.25 $5,324.04 $63,888.50 RANGE 74-CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant - Confidential (AACU)X 1 $26.44 $2,115.39 $4,583.35 $55,000.25 2 $27.77 $2,221.29 $4,812.80 $57,753.60 3 $29.15 $2,332.33 $5,053.38 $60,640.61 4 $30.61 $2,449.02 $5,306.22 $63,674.65 5 $32.14 $2,571.37 $5,571.31 $66,855.71 RANGE 76-CF CLASS STEP Hourly Biweekly Monthly Annually Payroll/Fiscal Specialist (PFS)X 1 $27.86 $2,229.00 $4,829.51 $57,954.09 2 $29.26 $2,340.56 $5,071.21 $60,854.46 3 $30.72 $2,457.76 $5,325.16 $63,901.87 4 $32.26 $2,580.63 $5,591.36 $67,096.29 5 $33.87 $2,709.66 $5,870.93 $70,451.11 RANGE 78-CF CLASS STEP Hourly Biweekly Monthly Annually Senior Payroll/Fiscal Specialist (SPFS)X 1 $29.25 $2,340.04 $5,070.09 $60,841.10 2 $30.72 $2,457.25 $5,324.04 $63,888.50 3 $32.25 $2,580.11 $5,590.24 $67,082.93 4 $33.86 $2,709.14 $5,869.81 $70,437.74 5 $35.56 $2,844.86 $6,163.86 $73,966.31 RANGE 84-CF CLASS STEP Hourly Biweekly Monthly Annually Assistant City Clerk (ACCL)X 1 $34.71 $2,776.49 $6,015.72 $72,188.66 Human Resources Analyst (HRA)2 $36.44 $2,915.29 $6,316.45 $75,797.42 3 $38.27 $3,061.28 $6,632.78 $79,593.31 4 $40.18 $3,214.47 $6,964.69 $83,576.32 5 $42.19 $3,375.38 $7,313.32 $87,759.81 RANGE 88-CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Services Supervisor (ASSP)X 1 $38.25 $3,059.74 $6,629.43 $79,553.21 2 $40.16 $3,212.93 $6,961.35 $83,536.22 3 $42.17 $3,373.32 $7,308.86 $87,706.35 4 $44.27 $3,541.94 $7,674.19 $92,090.33 5 $46.48 $3,718.78 $8,057.35 $96,688.16 RANGE 92-CF CLASS STEP Hourly Biweekly Monthly Annually Supervising Accountant (SUPAC)X 1 $40.14 $3,210.88 $6,956.90 $83,482.76 2 $42.14 $3,371.26 $7,304.41 $87,652.88 3 $44.25 $3,539.88 $7,669.74 $92,036.86 4 $46.46 $3,716.72 $8,052.89 $96,634.70 5 $48.79 $3,902.81 $8,456.09 $101,473.12 CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) Page 4 RANGE 94-CF CLASS STEP Hourly Biweekly Monthly Annually Senior Analyst (SRAN)X 1 $42.78 $3,422.16 $7,414.67 $88,976.10 2 $44.92 $3,593.34 $7,785.58 $93,426.91 3 $47.17 $3,773.27 $8,175.41 $98,104.94 4 $49.52 $3,961.93 $8,584.18 $103,010.18 5 $52.00 $4,160.36 $9,014.11 $108,169.38 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) Page 5 RANGE 61 CLASS STEP Hourly Biweekly Monthly Annually Office Assistant I (OA1)X 1 $19.32 $1,545.81 $3,349.25 $40,190.95 2 $20.29 $1,622.92 $3,516.32 $42,195.81 3 $21.30 $1,704.14 $3,692.30 $44,307.61 4 $22.37 $1,789.47 $3,877.19 $46,526.33 5 $23.49 $1,878.92 $4,071.00 $48,851.98 RANGE 63 CLASS STEP Hourly Biweekly Monthly Annually Animal Health Technician (AHT)X 1 $20.29 $1,622.92 $3,516.32 $42,195.81 2 $21.30 $1,704.14 $3,692.30 $44,307.61 3 $22.37 $1,789.47 $3,877.19 $46,526.33 4 $23.49 $1,878.92 $4,071.00 $48,851.98 5 $24.66 $1,973.00 $4,274.83 $51,297.92 RANGE 64 CLASS STEP Hourly Biweekly Monthly Annually Community Services Program Coordinator I/II - Level I (CSPC)X 1 $20.72 $1,657.36 $3,590.94 $43,091.32 Public Safety Records Clerk (PSRC)2 $21.75 $1,740.12 $3,770.27 $45,243.22 3 $22.84 $1,827.00 $3,958.50 $47,502.04 4 $23.98 $1,918.51 $4,156.76 $49,881.15 5 $25.18 $2,014.64 $4,365.05 $52,380.55 RANGE 66 CLASS STEP Hourly Biweekly Monthly Annually Accounting Specialist I/II – Level I (ASP1)X 1 $21.75 $1,740.12 $3,770.27 $45,243.22 2 $22.84 $1,827.00 $3,958.50 $47,502.04 3 $23.98 $1,918.51 $4,156.76 $49,881.15 4 $25.18 $2,014.64 $4,365.05 $52,380.55 5 $26.44 $2,115.39 $4,583.35 $55,000.25 RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually Secretary I (SEC1)X 1 $22.84 $1,827.00 $3,958.50 $47,502.04 2 $23.98 $1,918.51 $4,156.76 $49,881.15 3 $25.18 $2,014.64 $4,365.05 $52,380.55 4 $26.44 $2,115.39 $4,583.35 $55,000.25 5 $27.77 $2,221.29 $4,812.80 $57,753.60 RANGE 70 CLASS STEP Hourly Biweekly Monthly Annually Accounting Specialist I/II – Level II (ASP2)X 1 $23.98 $1,918.51 $4,156.76 $49,881.15 Technical Director (TECH)2 $25.18 $2,014.64 $4,365.05 $52,380.55 3 $26.44 $2,115.39 $4,583.35 $55,000.25 4 $27.77 $2,221.29 $4,812.80 $57,753.60 5 $29.15 $2,332.33 $5,053.38 $60,640.61 RANGE 74 CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant (AABS) X 1 $26.44 $2,115.39 $4,583.35 $55,000.25 Community Development Assistant (SEC5)2 $27.77 $2,221.29 $4,812.80 $57,753.60 Community Services Program Coordinator I/II - Level II (CSPC2)3 $29.15 $2,332.33 $5,053.38 $60,640.61 Engineering Technician I/II - Level I (ENGT)4 $30.61 $2,449.02 $5,306.22 $63,674.65 GIS Technician (GIST)5 $32.14 $2,571.37 $5,571.31 $66,855.71 Information Systems Technician I (IST1) RANGE 76 CLASS STEP Hourly Biweekly Monthly Annually Property Technician (PRPT)X 1 $27.86 $2,229.00 $4,829.51 $57,954.09 2 $29.26 $2,340.56 $5,071.21 $60,854.46 3 $30.72 $2,457.76 $5,325.16 $63,901.87 4 $32.26 $2,580.63 $5,591.36 $67,096.29 5 $33.87 $2,709.66 $5,870.93 $70,451.11 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) Page 6 RANGE 78 CLASS STEP Hourly Biweekly Monthly Annually Engineering Technician I/II - Level II (EGT2)X 1 $29.15 $2,332.33 $5,053.38 $60,640.61 Information Systems Technician II (IST2)2 $30.61 $2,449.20 $5,306.59 $63,679.10 3 $32.14 $2,571.54 $5,571.68 $66,860.16 4 $33.75 $2,700.32 $5,850.69 $70,208.29 5 $35.44 $2,835.09 $6,142.70 $73,712.36 RANGE 81 CLASS STEP Hourly Biweekly Monthly Annually Animal Shelter Supervisor (ALSS)X 1 $31.47 $2,517.40 $5,454.36 $65,452.30 Code Compliance Officer I/II - Level I (CCO)2 $33.04 $2,643.34 $5,727.24 $68,726.92 Community Services Supervisor (CSSV)3 $34.69 $2,775.46 $6,013.49 $72,161.93 Crime Analyst (CRA)4 $36.43 $2,914.26 $6,314.22 $75,770.69 PT Fire Inspector (FINS)5 $38.25 $3,059.74 $6,629.43 $79,553.21 Performing Arts Center Supervisor (PACS) Planner I/II - Level I (PLNR1) Purchasing Agent (PAGT) RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually Public Works Inspector (PWIN)X 1 $33.04 $2,642.83 $5,726.13 $68,713.55 2 $34.69 $2,774.94 $6,012.38 $72,148.56 3 $36.42 $2,913.74 $6,313.11 $75,757.33 4 $38.24 $3,059.22 $6,628.32 $79,539.85 5 $40.16 $3,212.42 $6,960.24 $83,522.85 RANGE 85 CLASS STEP Hourly Biweekly Monthly Annually Environmental Coordinator (EVC)X 1 $34.69 $2,775.46 $6,013.49 $72,161.93 Property and Records Supervisor (PARS)2 $36.43 $2,914.26 $6,314.22 $75,770.69 3 $38.25 $3,059.74 $6,629.43 $79,553.21 4 $40.16 $3,212.93 $6,961.35 $83,536.22 5 $42.17 $3,373.32 $7,308.86 $87,706.35 RANGE 87 CLASS STEP Hourly Biweekly Monthly Annually Accountant (ACCT)X 1 $36.43 $2,914.26 $6,314.22 $75,770.69 Code Compliance Officer I/II - Level II (CCO2)2 $38.25 $3,059.74 $6,629.43 $79,553.21 Management Analyst (MANA)3 $40.16 $3,212.93 $6,961.35 $83,536.22 Planner I/II - Level II (PLNR2)4 $42.17 $3,373.32 $7,308.86 $87,706.35 5 $44.27 $3,541.94 $7,674.19 $92,090.33 RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually Information Systems Analyst (ISAN)X 1 $38.25 $3,059.74 $6,629.43 $79,553.21 2 $40.16 $3,212.93 $6,961.35 $83,536.22 3 $42.17 $3,373.32 $7,308.86 $87,706.35 4 $44.27 $3,541.94 $7,674.19 $92,090.33 5 $46.48 $3,718.78 $8,057.35 $96,688.16 RANGE 90 CLASS STEP Hourly Biweekly Monthly Annually Project Manager (PMCD)X 1 $39.06 $3,124.51 $6,769.78 $81,237.32 2 $41.01 $3,280.79 $7,108.38 $85,300.50 3 $43.06 $3,444.78 $7,463.68 $89,564.17 4 $45.21 $3,616.99 $7,836.81 $94,041.74 5 $47.47 $3,797.94 $8,228.87 $98,746.49 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) Page 7 RANGE 92 CLASS STEP Hourly Biweekly Monthly Annually Civil Engineer (CIVE)X 1 $40.14 $3,210.88 $6,956.90 $83,482.76 Community Services Manager (CSMG)2 $42.14 $3,371.26 $7,304.41 $87,652.88 Information Systems Operations Manager (ISOM)3 $44.25 $3,539.88 $7,669.74 $92,036.86 Planner III - Housing and Economic Dev Specialist (PLNR3H)4 $46.46 $3,716.72 $8,052.89 $96,634.70 5 $48.79 $3,902.81 $8,456.09 $101,473.12 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU) Local 1021 - Maintenance Workers Page 8 RANGE 52W STEP Hourly Biweekly Monthly Annually Maintenance Worker Trainee (MWT)1 $16.26 $1,300.59 $2,817.96 $33,815.46 2 $17.07 $1,365.88 $2,959.41 $35,512.92 3 $17.93 $1,434.25 $3,107.55 $37,290.57 4 $18.83 $1,506.22 $3,263.48 $39,161.78 5 $19.77 $1,581.79 $3,427.21 $41,126.55 RANGE 60W STEP Hourly Biweekly Monthly Annually Landscape Maintenance Worker (LMW)1 $19.32 $1,545.81 $3,349.25 $40,190.95 2 $20.29 $1,622.92 $3,516.32 $42,195.81 3 $21.30 $1,704.14 $3,692.30 $44,307.61 4 $22.37 $1,789.47 $3,877.19 $46,526.33 5 $23.49 $1,878.92 $4,071.00 $48,851.98 RANGE 64W STEP Hourly Biweekly Monthly Annually Meter Technician (PWMT)1 $21.17 $1,693.34 $3,668.91 $44,026.93 2 $22.23 $1,778.16 $3,852.69 $46,232.28 3 $23.34 $1,867.10 $4,045.38 $48,544.57 4 $24.51 $1,960.66 $4,248.10 $50,977.14 5 $25.74 $2,058.85 $4,460.83 $53,530.01 RANGE 70W STEP Hourly Biweekly Monthly Annually Maintenance Worker I (MW1)1 $25.90 $2,071.70 $4,488.68 $53,864.15 2 $27.19 $2,175.54 $4,713.67 $56,564.04 3 $28.56 $2,284.52 $4,949.80 $59,397.59 4 $29.98 $2,398.65 $5,197.07 $62,364.80 5 $31.48 $2,518.42 $5,456.59 $65,479.03 RANGE 74W STEP Hourly Biweekly Monthly Annually Fleet Mechanic (FMEC)1 $28.58 $2,286.58 $4,954.25 $59,451.06 Maintenance Worker II (MW2)2 $30.01 $2,400.70 $5,201.52 $62,418.26 3 $31.51 $2,520.48 $5,461.04 $65,532.49 4 $33.08 $2,646.43 $5,733.93 $68,807.11 5 $34.73 $2,778.54 $6,020.18 $72,242.12 RANGE 78W STEP Hourly Biweekly Monthly Annually Electrician (ELEC)1 $31.42 $2,513.28 $5,445.45 $65,345.37 2 $32.98 $2,638.72 $5,717.22 $68,606.63 3 $34.64 $2,770.83 $6,003.47 $72,041.64 4 $36.36 $2,909.12 $6,303.09 $75,637.03 5 $38.18 $3,054.60 $6,618.30 $79,419.55 RANGE 79W STEP Hourly Biweekly Monthly Annually Arborist (ARB)1 $32.21 $2,577.03 $5,583.56 $67,002.73 Fleet Services Supervisor (FSS)2 $33.83 $2,706.06 $5,863.13 $70,357.54 Instrumentation Technician (INST)3 $35.52 $2,841.26 $6,156.06 $73,872.75 Supervising Maintenance Worker (SMW)4 $37.29 $2,983.14 $6,463.48 $77,561.71 5 $39.15 $3,132.22 $6,786.48 $81,437.79 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) Page 9 RANGE 68 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher (PSD)XD 1 $27.80 $2,223.98 $4,818.61 $57,823.38 2 $29.19 $2,335.22 $5,059.63 $60,715.62 3 $30.65 $2,452.22 $5,313.15 $63,757.82 4 $32.19 $2,575.00 $5,579.17 $66,950.00 5 $33.79 $2,703.54 $5,857.68 $70,292.14 PT Public Safety Dispatcher (PTD) - Hourly 1 $27.80 2 $29.19 3 $30.65 4 $32.19 5 $33.79 RANGE 69 CLASS STEP Hourly Biweekly Monthly Annually Community Services Officer (CSO)S-CSO 1 $24.36 $1,948.76 $4,222.31 $50,667.76 2 $25.57 $2,045.99 $4,432.98 $53,195.79 3 $26.85 $2,148.17 $4,654.36 $55,852.37 4 $28.19 $2,255.29 $4,886.46 $58,637.49 5 $29.60 $2,368.18 $5,131.05 $61,572.58 RANGE 81 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer Trainee (PSOT)S 1 $26.22 $2,097.64 $4,544.90 $54,538.75 RANGE 83 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Communications Supervisor XD 1 $35.03 $2,802.42 $6,071.92 $72,863.02 (PSCS)2 $36.78 $2,942.50 $6,375.43 $76,505.10 3 $38.63 $3,090.00 $6,695.00 $80,340.00 4 $40.55 $3,244.09 $7,028.86 $84,346.29 5 $42.58 $3,406.42 $7,380.57 $88,566.82 RANGE 84A CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer I (PSO1)S 1 $34.41 $2,752.98 $5,964.80 $71,577.58 2 $36.13 $2,890.59 $6,262.95 $75,155.39 3 $37.95 $3,035.62 $6,577.17 $78,926.02 4 $39.84 $3,187.23 $6,905.67 $82,868.03 5 $41.83 $3,346.26 $7,250.24 $87,002.86 6 $43.71 $3,497.06 $7,576.95 $90,923.46 RANGE 84B CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer II (PSO2)S 1 $35.28 $2,822.20 $6,114.77 $73,377.20 2 $37.04 $2,963.10 $6,420.06 $77,040.70 3 $38.89 $3,111.42 $6,741.42 $80,897.02 4 $40.84 $3,267.16 $7,078.85 $84,946.16 5 $42.88 $3,430.31 $7,432.34 $89,188.11 6 $44.81 $3,584.40 $7,766.20 $93,194.40 RANGE 84C CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer III (PSO3)S 1 $36.51 $2,921.08 $6,329.01 $75,948.08 2 $38.34 $3,066.93 $6,645.01 $79,740.13 3 $40.25 $3,220.19 $6,977.08 $83,724.99 4 $42.26 $3,380.87 $7,325.22 $87,902.67 5 $44.37 $3,549.79 $7,691.22 $92,294.59 6 $46.37 $3,709.65 $8,037.57 $96,450.85 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) Page 10 RANGE 84D CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer IV (PSO4)S 1 $38.34 $3,066.93 $6,645.01 $79,740.13 2 $40.25 $3,220.19 $6,977.08 $83,724.99 3 $42.26 $3,380.87 $7,325.22 $87,902.67 4 $44.37 $3,549.79 $7,691.22 $92,294.59 5 $46.60 $3,727.78 $8,076.85 $96,922.18 6 $48.69 $3,895.05 $8,439.27 $101,271.25 RANGE 86A CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer I (FPSO1)S 1 $23.84 $2,677.79 $5,801.87 $69,622.44 2 $25.04 $2,811.63 $6,091.88 $73,102.51 3 $26.29 $2,952.70 $6,397.51 $76,770.14 4 $27.60 $3,100.17 $6,717.04 $80,604.48 5 $28.98 $3,254.86 $7,052.20 $84,626.37 6 $30.29 $3,401.53 $7,369.99 $88,439.87 RANGE 86B CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer II (FPSO2)S 1 $24.44 $2,745.11 $5,947.74 $71,372.89 2 $25.66 $2,882.17 $6,244.69 $74,936.33 3 $26.95 $3,026.44 $6,557.28 $78,687.31 4 $28.30 $3,177.92 $6,885.49 $82,625.85 5 $29.71 $3,336.61 $7,229.33 $86,751.93 6 $31.04 $3,486.49 $7,554.07 $90,648.79 RANGE 86C CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer III (FPSO3)S 1 $25.30 $2,841.29 $6,156.13 $73,873.55 2 $26.56 $2,983.15 $6,463.50 $77,562.02 3 $27.89 $3,132.23 $6,786.50 $81,438.03 4 $29.28 $3,288.52 $7,125.13 $85,501.60 5 $30.74 $3,452.83 $7,481.13 $89,773.55 6 $32.13 $3,608.32 $7,818.02 $93,816.28 RANGE 86D CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer IV (FPSO4)S 1 $26.56 $2,983.15 $6,463.50 $77,562.02 2 $27.89 $3,132.23 $6,786.50 $81,438.03 3 $29.28 $3,288.52 $7,125.13 $85,501.60 4 $30.74 $3,452.83 $7,481.13 $89,773.55 5 $32.29 $3,625.95 $7,856.23 $94,274.74 6 $33.73 $3,788.65 $8,208.75 $98,505.01 RANGE 89 CLASS STEP Hourly Biweekly Monthly Annually Public Safety Sergeant (PSGT)S 1 $46.20 $3,695.64 $8,007.22 $96,086.64 2 $48.50 $3,880.22 $8,407.13 $100,885.62 3 $50.92 $4,073.86 $8,826.69 $105,920.26 4 $53.48 $4,278.21 $9,269.45 $111,233.41 5 $56.15 $4,491.62 $9,731.85 $116,782.22 6 $58.68 $4,694.33 $10,171.04 $122,052.53 RANGE 91 CLASS STEP **Hourly Biweekly Monthly Annually Fire Assignment Sergeant (FSGT)S 1 $32.01 $3,594.69 $7,788.50 $93,462.02 2 $33.61 $3,774.23 $8,177.49 $98,129.91 3 $35.28 $3,962.58 $8,585.59 $103,027.03 4 $37.05 $4,161.35 $9,016.25 $108,195.05 5 $38.90 $4,368.93 $9,466.03 $113,592.30 6 $40.66 $4,566.10 $9,893.22 $118,718.64 **Hourly rate based on 2,920 hours annually CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time Hourly Positions Page 11 RANGE 38 STEP 1 STEP 2 STEP 3 PT Pool Cashier (PTPC)2 $12.00 $12.50 $13.00 RANGE 43 STEP 1 STEP 2 STEP 3 PT Box Office Assistant (PTBA)1 $12.50 $13.00 $13.50 PT Community Services Leader (PTCSL)2 PT Facility Attendant (PTFA)1 PT Swim Instructor (PTIL)2 RANGE 45 STEP 1 STEP 2 STEP 3 PT Animal Shelter Assistant (ASA)1 $13.75 $14.25 $14.75 PT Arts Center House Manager (PTHM)1 PT Lifeguard (PTLC)2 PT Senior Community Services Leader (PTSCSL)2 PT Senior Facility Attendant (PTSFA)1 PT Senior Swim Instructor (PTSIL)2 PT Theatre Technician I (PTT1)1 RANGE 53 STEP 1 STEP 2 STEP 3 PT Custodian (PTC)1 $15.13 $15.63 $16.13 PT Lead Animal Shelter Assistant (LASA)1 PT Office Assistant (PT01)1 PT Seasonal Maintenance Assistant (SMA)2 PT Senior Lifeguard (PTSRL)2 PT Theatre Technician II (PTT2)1 RANGE 59 STEP 1 STEP 2 STEP 3 PT Administrative Intern (PTAI)1 $16.00 $16.50 $17.00 PT Community Services Coordinator (PTCSC)1 PT Lead Custodian (PTCL)1 PT Pool Manager (PTPMGR)2 PT Senior Office Assistant (PT02)1 RANGE 63 STEP 1 STEP 2 STEP 3 PT Public Safety Records Clerk (PTPSRC)1 $19.50 $20.00 $20.50 RANGE 68 STEP 1 STEP 2 STEP 3 PT Information Systems Assistant (PTIS)1 $24.00 $24.50 $25.00 MISCELLANEOUS PT Building Inspector (PTBI) PT Capital Improvement Project Manager (PTCIP) PT Project Coordinator (PTPJC)$39.58 - $48.11 PT Public Works Inspector (PTPWI)$29.66 - $36.05 PT Residential Building Plans Examiner (PTRBP) PT Technical Advisor (PTTA) Temporary Management Analyst (TMAN) HOURLY RANGE $46.56 - $56.59 $33.85 - $41.14 $31.15 - $37.86 $14.25 - $47.50 $25.00 - $40.00 CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time Hourly Positions Page 12 Public Safety Euthanasia Certification 7% Stipends by Unit [1] A worker is eligible for a one-step increase after every 1,000 cumulative hours worked in same class, upon approval of Department Head. [2] A returning seasonal worker hired to the same class is eligible for a one-step increase (relative to the worker’s step at last service break) on May 1 after the previous season ended, upon approval of Department Head. Amount/Percentage CITY OF ROHNERT PARK - PAY RATES AND RANGES Pensionable Stipends by Unit Page 13 All Units Amount/Percentage Acting Pay 5% - 10% *Longevity 2% - 10% By Employment Contract Amount/Percentage POST Certification Pay (Director of Public Safety) - Executive 10% ***Uniform Allowance (Director of Public Safety)$1,080/year Confidential Amount/Percentage Bilingual $100/month Educational Incentive - BA/BS, MA/MS $50/month Rohnert Park Employees' Association (RPEA)Amount/Percentage Bilingual $100/month Educational Incentive - MA/MS $50/month Rohnert Park Public Safety Managers' Association (RPPSMA)Amount/Percentage POST Certification Pay (Commanders) - Supervisory 7.0% POST Certification Pay (Commanders) - Management 8.5% ***Uniform Allowance $1,080/year Rohnert Park Public Safety Officers' Association (RPPSOA)Amount/Percentage Acting Supervisor/Watch Commander 5% - 10% Acting Commander 10% - 15% Bilingual $175/month Canine Handler 3.0% Detective 5.0% Field Training Officer 5.0% Non-Sworn Training Officer 5.0% Motorcycle Duty 5.0% **Intermediate POST Certification 4.5% **Advanced POST Certification 7.0% **POST Supervisory Certification (Sergeant)9.0% POST Field Evidence Tech Certification (CSO)2.5% Shift Differential 5.0% Special/Extra Assignments 5.0% ***Uniform Allowance $1,080/year (sworn); $540/year (CSO) Service Employees' International Union (SEIU)Amount/Percentage Certification and License Program - Level I 2.6% Certification and License Program - Level II 4.5% Certification and License Program - Level III 6.0% Educational Incentive Pay - Level I $75/month Educational Incentive Pay - Level II $100/month Educational Incentive Pay - Level III $135/month *Inactive stipend; closed to new hires **Only one POST stipend paid per employee ***Only pensionable for classic PERS members ITEM NO. 6C2 1 Meeting Date: January 8, 2019 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Vanessa Marin Garrett, Deputy City Engineer Agenda Title: An Amendment to the Fiscal Year 2018-19 Capital Improvement Plan Budget to add the Downtown Water Main Project and Related Actions RECOMMENDED ACTION: Approve a Resolution amending the Fiscal Year 2018-19 Capital Improvement Plan Budget and related actions. BACKGROUND: On June 12, 2018, the City Council adopted its Fiscal Year 2018-19 budget including a five year Capital Improvement Program (CIP), which outlines a program of planned expenditures through Fiscal Year 2022-23. On October 23rd, 2018, City Council approved a CIP budget amendment to add two new projects to the Capital Improvement Program to address existing infrastructure issues and support downtown development. 1. The Downtown Sewer Main Project (Project No. 2018-40 includes upsizing an existing sewer line and constructing a new sewer line to address existing capacity deficiencies and support flows from the Central Rohnert Park Priority Development Area. GHD Inc., a firm with extensive experience with City’s sewer collection system, has been retained to perform initial surveys and predesign work in order to fast-track the delivery of this project in support of the Station Avenue project. 2. The State Farm Drive Traffic Improvement Project (Project No. 2018-41) consists of the roadway and intersection modifications to support high pedestrian, bicycle, and vehicle traffic around the Station Avenue project. This project is expected to be constructed during the summer of 2020, which will allow for utility improvements in the street to occur in the summer of 2019. As staff and the consultant worked to scope these projects, it became evident that the existing, 30 year old water pipeline in State Farm Drive, between Rohnert Park Expressway through the intersection with Enterprise Drive, should be replaced as part of the project. This segment of water line has failed dramatically several times in recent years requiring emergency repair. Because it is an asbestos cement main, which requires special handling, these emergency repairs are costly and cannot always be repaired by City staff. A portion of the water line main runs underneath existing redwood trees further exacerbating maintenance work. As a result, staff is recommending this segment of water line be replaced in conjunction with the utility and roadway work supporting downtown development. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6C2 2 ANALYSIS: Staff is requesting the City Council to approve NEW Project 2018-42 (Downtown Water Main Project) which will replace a failing 30-year old main in State Farm and Enterprise Drives. The work would conducted concurrently with the Downtown Sewer Main Project (Project 2018-4) and prior the budgeted roadway improvements to State Farm Drive. The project will replace an aging infrastructure asset, greatly reduce the risk of water line breaks in the new State Farm Drive improvements, and relocate the line from underneath some damaging tree root networks. Table 1 illustrates the funding program for this proposed new project. The estimated cost of the project $1.7 million including design, administration and managements costs. The cost estimate reflects the costs associated with handling and disposing of the existing asbestos cement pipe material. Because this proposed project is replacement of an existing infrastructure asset (no upsizing is proposed), staff is proposing that the project be funded from water utility funds including the Water Capital Preservation Fund and available fund balance from the Water Utility Fund. Table 1, below, illustrates the proposed budget. Table 1 – Proposed Funding Program for New Project 2018-42 – Downtown Water Main Proj No Project Name Funding Sources Total Budget Requested FY18-19 Projected FY 19-20 18-42 Downtown Water Main Water Capital Preservation Fund (531) $1,700,000 $200,000 $80,000 Water Utility Fund (511) $1,420,000 Staff is also requesting to retain GHD Inc. (the consultant designing the sewer main work) through a task order amendment to complete the design and bid package. This will result in an efficient design and construction project for the two underground utilities. Currently GHD is working under Task Order 2018-14, with a budget of $99,576, to perform survey and predesign work for the sewer project. The proposed task order amendment has a value of $475,843 and will cover the final design of both the sewer and water main projects, bringing the total cost of design services to $575,419. This is approximately 11% of the total project cost of $5.2 million ($3.5 million for the Downtown Sewer Main Project and $1.7 million for the Downtown Water Main Project). This is well within the standard range of 10% to 15% for design work. OPTIONS CONSIDERED: (1) Amend FY 2018-19 Capital Improvement Plan Budget to add the Downtown Water Main Project (NEW Project No. 2018-42), approve a Task Order Amendment for GHD, Inc to complete the design documents, and authorize Finance Director to take related actions (staff recommendation). The project would reduce the risk of a water line failure in a road that will be newly improved and improve the overall serviceability of the City’s water system. (2) Do not move forward with the project and reconfigure State Farm Drive without improving the water line in the area (not recommended). This option leaves a newly improved street in a highly utilized area susceptible to future line breaks. ITEM NO. 6C2 3 STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action $1.7 million. Staff is requesting $200,000 in Fiscal Year 2018-19 from the Water Capital Preservation Fund (Fund 531). Staff is proposing to reprogram this funding from Dry Barrel Replacement Project (2018-09), which will not utilize all funds in its budget this fiscal year. Staff is requesting that remaining funding be budgeted in Fiscal Year 2019-20 and include $1,420,000 from the Water Utility Fund (511) and $80,000 from the Water Capital Preservation Fund (531). The fiscal impact of GHD’s proposed Task Order Amendment, for a combination of design work for the Downtown Sewer Main Project and the Downtown Water Main Project is $475,843, which will bring the total value of their Task Order to $575,419. The water and sewer design work shall be billed according to the asset as broken down in GHD’s task order amendment: • Sewer Utility Fund: $341,613 • Water Capital Preservation Fund: $134,230 Department Head Approval Date: 12/27/2018 Finance Manager Approval Date: 12/20/2018 City Attorney Approval Date: 12/21/2018 City Manager Approval Date: 12/28/2018 Attachments (list in packet assembly order): 1. Resolution Amending the Fiscal Year 2018-19 Capital Improvement Plan Budget and Related Actions 2. Resolution Exhibit A – Amendment 1 to Task Order 2018-14 (City of Rohnert Park and GHD Inc.) 1 2019-002 RESOLUTION NO. 2019-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE FISCAL YEAR 2018-19 CAPITAL IMPROVEMENT PLAN BUDGET AND RELATED ACTIONS WHEREAS; on October 23rd, 2018, the City Council of the City of Rohnert Park adopted a Capital Improvement Project (CIP) budget amendment to add a Downtown Sewer Main Project (2018-40) and a State Farm Drive Traffic Improvement Project (2018-41) to the CIP Program; and WHEREAS, work on each of these projects has resulted in a follow-up project and expanded scope that were not included in the approved five year Capital Improvement Program specifically or the recent CIP budget amendments; and WHEREAS, a Downtown Water Improvement Project is a project to improve the existing water line in the downtown and surrounding areas; and WHEREAS, staff has developed amendments to the Capital Improvement Program to support this new and expanded project, as outlined in Exhibit A, utilizing funding from the Water Capital Preservation Fund (Fund 531) and the Water Utility Fund (511); and WHEREAS, this amendment requires review and approval by Council, some changes to the approved Fiscal Year 2018-19 project budgets, and an amendment to an existing consultant contract; and WHEREAS, the Downtown Water Improvement Project (2018-42) and Hydrant Barrel Replacement Project (2018-09) is funded through the City’s Water Capital Preservation Fund; and WHEREAS, the Hydrant Barrel Replacement Project (2018-09) has surplus funding of $200,000; and WHEREAS, the Downtown Water Improvement Project (2018-42) has a budget shortfall of $200,000; and WHEREAS, the City’s Water Capital Preservation Fund has the resources available to fund the proposed $200,000 in Fiscal Year 2018-19 for the Downtown Water Improvement Project by amending the Hydrant Barrel Replacement Project budget (2018-09); WHEREAS, the staff expects to have available an additional $1,420,000 budgeted from the Water Utility Fund and $80,000 from the Water Capital Preservation Fund for the CIP Fiscal Year 19-20 to complete the water line improvements; and WHEREAS, in accordance with the City’s Purchasing Policy, GHD Inc., was selected, through a qualifications based process, to provide on-call design services for various City projects; and ( 2 ) 2019-002 WHEREAS, based on their qualifications and familiarity with the City’s utility system, GHD Inc. was selected to perform predesign services for the Downtown Sewer Main project; and WHEREAS, staff has received a proposal from GHD Inc. to complete full design services for both the Downtown Sewer Main and Downtown Water Improvement Projects, which includes a reasonable scope and fee for these services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does authorize and adopt an Amendment to the Five-Year Capital Improvement Program as outlined in Exhibit A. BE IT FURTHER RESOLVED, that the Finance Director is authorized to transfer Water Capital Reserve funds from the Hydrant Barrel Replacement Project to the Downtown Water Main Project in the amount of $200,000. BE IT FURTHER RESOLVED that the City Manager is authorized to execute GHD Inc. Task Order 2018-14 Amendment 1, in substantially similar form to Exhibit B, incorporated herein by reference, subject to minor revisions by the City Attorney or City Manager. DULY AND REGULARLY ADOPTED this 8th day of January, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk ADAMS: _________MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 3 2019-002 Resolution Exhibit A Five Year Capital Improvement Program Amendment Five Year Capital Improvements Budget Project No Project Name Funding Sources Proposed Total Project Funding FY 2018- 19 Adopted Budget Proposed FY 2018-19 Budget Amendments FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 City Facilities and Recreation – Expansion/New 2018-42 Downtown Water Improvement Water Capital Fund, Water Utility Fund $1,700,000 $200,000 $1,500,000 $0 $0 $0 Resolution Exhibit B AMENDMENT 1 TO TASK ORDER NO. 2018-14 CITY OF ROHNERT PARK AND GHD, INC. AUTHORIZATION OF ADDITIONAL ENGINEERING SERVICES FOR ROHNERT STATION SEWER IMPROVEMENTS PHASE 1 SECTION 1 – PURPOSE The purpose of this Amendment 1 to Task Order No. 2018-14 (“Amendment”) is to authorize and direct GHD, Inc to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and GHD, Inc ("Consultant") dated July 12, 2016. SECTION 2 – SCOPE OF WORK The additional items authorized by this Amendment are presented in Exhibit “A,” attached hereto and incorporated herein. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The additional cost for the additional services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B,” attached hereto and incorporated herein, for an amount not-to-exceed $475,843. Total compensation under Task Order No. 2018-14 and this Amendment shall not exceed $575,419. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2021 or as extended by the City Engineer or his/her designee. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 8th day of January, 2019. CITY OF ROHNERT PARK GHD, INC. ___________________________________ ___________________________________ Darrin Jenkins, City Manager (Date) Name: (Date) Per Resolution No. 2019-___ adopted by the Rohnert Park City Council at its meeting on January 8, 2019. Title: ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ City Clerk City Attorney 1 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com December 17, 2018 Vanessa Marin Garrett, P.E. Our Ref: 11187329 City of Rohnert Park Development Services 130 Avram Avenue Rohnert Park, CA 94928 RE: Proposal for Engineering Services – Phase 2 – Downtown Infrastructure Improvements, Rohnert Park, CA Dear Vanessa: GHD Inc. is pleased to submit this proposal and scope of work for the design and bid phases of the Downtown Infrastructure Improvements Project. The scope of work provided herein includes design and bid phase services for a new sewer main and relocation of an existing water main to serve planned development. Project Understanding and Background The State Farm property located at the northeast corner of the intersection of State Farm Drive and Enterprise Drive is planned for development into a mixed use housing and commercial area, with construction activities planned to begin in Summer 2019. The proposed development is referred to herein as the Downtown Development (DD). The development will be served by public utilities, including sanitary sewer, potable water, and recycled water service from the City. GHD completed Phase 1 of the project in December 2018. This first phase evaluated various alignment alternatives for a new 15-inch sewer main located between the proposed Rohnert Station development at the former State Farm property and the Eastside Trunk Sewer (ESTS) located south of Copeland Creek. The purpose of the new sewer main is to provide sewer conveyance for projected sanitary sewer flow from the development and alleviate peak flow hydraulic deficiencies in the existing sewer system in the project vicinity. A secondary benefit of the new sewer main is capture and conveyance of additional existing sewer connections along the selected sewer main alignment. Flow from those existing connections would also be conveyed to the ESTS, further alleviating peak flow hydraulic deficiencies in the existing sewer collection system. The sewer main alignment selected in Phase 1 consists of approximately 3,600 linear feet (LF) of 15-inch diameter gravity sewer main from the development Point of Connection (POC), westerly in Enterprise Drive, then southerly in Commerce Boulevard, connecting to the ESTS at Avram Avenue. The sewer main crosses Copeland Creek to the north of Avram Avenue. An alternative alignment to consider during preliminary design development (i.e., 50 percent design effort) is the potential connection of the new sewer main to the existing 21-inch sewer main located west of Commerce Boulevard to the north of Copeland Creek. This variant to the selected alignment alternative eliminates the creek crossing and could be designed to alleviate peak flow hydraulic deficiencies in the existing sewer collection system. 2 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com Water main improvements consist of approximately 1,900 LF of 10-inch diameter pipeline replacement in State Farm Drive. The existing asbestos cement pipe (ACP) water main along State Farm Drive is shallow, with a portion located under existing redwood trees. Prior to the roadway rehabilitation of State Farm Drive, the City has requested the replacement of the main from just south of Rohnert Park Expressway to Enterprise Drive and east to a point of connection with the existing main. Quality Assurance / Quality Control (QA/QC) GHD will perform QA/QC review of all deliverables by our QA/QC Manager and senior engineering and construction management staff (constructability review) on the project team. QA/QC review time is incorporated into the various project tasks. Scope of Work We are pleased to provide this proposal to the City for professional services on the Phase 2 – Downtown Infrastructure Improvements. A detailed scope of work is provided below. Task 1 – Project Management 1.1 Project Management GHD will provide project management services during the project. The following summarizes our Phase 2 project management activities:  Project coordination with the City, project team, and stakeholders. Coordination will include the following three (3) project meetings, and additional progress conference calls as necessary to communicate key project issues as they develop during the course of the work. Meeting attendees will include staff from GHD, City, Downtown Development representatives, and other stakeholders as appropriate.  Review meetings (2) following submittal of the 50% and 90% submittals.  One additional review meeting during development of the 50% submittal to discuss project progress, confirm sewer and water alignments, sewer POC invert elevation and location, and permitting needs. The meeting will be combined with a site visit to focus on design considerations for the water main improvements, but may also cover review of the sewer main alignment.  Project progress. Evaluate and track progress on scope, schedule, and budget. Prepare monthly project activity reports to be provided with each of our monthly invoices during the project. These reports will provide the City with a brief description of the activities completed during the previous month. Task 1 Deliverables  Monthly invoices with progress reports  Meeting agendas and notes 3 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com Task 2 – Field Investigations 2.1 Site Visits GHD staff will conduct detailed field visits as necessary for project scoping, detailed design, and to coordinate with City staff. 2.2 Field Survey GHD will conduct detailed topographic survey of the project area for the sewer main alignment selected in Phase 1 and for the water main alignment and prepare a project base map for design purposes. Detailed topographic survey will supplement data obtained during Phase 1. The following information will be referenced for the topographic survey: utility base mapping prepared during Phase 1 and available utility records from known utility purveyors. Elevations will be in NAVD 88 based on existing benchmarks in the area. Coordinates will be California Coordinate System Zone 3. Elevation(s) for tie-in with the DD at its POC will be coordinated with the City and development team during design development. Encroachment permitting and associated fees are not anticipated or included in project scope for topographic survey. Field survey notes, including topographic survey notes will be kept on file at GHD. Topographic survey base mapping will be used for the preparation of various project deliverables and not provided as a separate deliverable. Task 2.2 Assumptions  Topographic survey at locations with more traffic may necessitate nighttime / off-hours work and/or the assistance from the City for traffic control.  This scope of services does not include boundary or record survey, setting of monuments and property corners.  This scope of services does not include obtaining or review of title reports or other similar documents that would be used to define property and right-of-way boundaries.  The effort included for this task assumes initial topographic survey of the project corridor and two follow up site visits during design development.  Temporary and permanent easements are not required for the project. The Contractor will be responsible for securing temporary staging areas. 2.3 Office Survey GHD will use the topographic information collected from the field survey and the noted reference information to prepare a project basemap. GHD will also send information request letters to various utility providers to submit record drawings delineating the location of utilities. Previously prepared utility base mapping will be provided to the utilities for reference; utilities may only provide information to augment what was provided for Phase 1. The basemap will be used by the design team to prepare various plan and profile drawings for the project. Utility maps will be kept on file at GHD. Electronic copies may be sent to the City upon request. 4 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com 2.4 Positive Utility Verification It is understood that information on existing utilities provided by utility owners may not be complete (for example, vertical location of certain utilities may not be available) and cannot be verified during design. Utility information provided by the owners of the utilities will be compared against information obtained during the field visits to approximate the location of the existing utilities on the plans. GHD has subcontracted with Subtronic Corporation (Subtronic) to conduct positive utility verification (i.e., potholing) in selected locations throughout the project corridor. Subtronic and GHD will seek to verify the locations of critical and pressurized utilities (i.e., buried high voltage power lines, fiber optic lines or ducts, gas mains, water mains); however, the Contractor during construction may be required to verify locations and adjustments or relocation of existing utilities may be required. This scope of services includes vacuum excavation of up to 40 pothole locations to confirm underground utilities per furnished drawings. Potholes are assumed to be located in the roadway, in asphalt pavement. Potholing and associated backfill and restoration for concrete areas (i.e., pavement, curb/gutter/sidewalk/driveway) are not included in this scope of services. Locations will be backfilled with Class II aggregate and the pavement repaired with hot mix asphalt permanent patch. The pothole locations will be selected by GHD, though coordination with the City, at project kick-off (January 2019). Subtronic will provide photographs and tabular data for field measurements at each pothole location. Potholing results will be integrated into the 50% design submittal. Work is assumed to occur during daytime work hours and the average pothole depth is assumed to be six feet. Caltrans encroachment permitting will be required for potholing within Caltrans right-of-way. City of Rohnert Park encroachment permitting will be required for potholing within City right-of-way. Task 3 includes this permitting effort. Task 3 – Geotechnical Investigations Task 3.1 Exploration, Engineering & Analysis The objective of our geotechnical investigation is to investigate, evaluate, and understand the geology and geotechnical engineering properties of the site to provide geotechnical recommendations for sewer project design and construction. The geotechnical investigation will be performed in the responsible charge of a licensed Geotechnical Engineer. Services include the following: 1. We will review available published geotechnical and geologic data applicable to the project. 2. An Encroachment Permit will be obtained for all borings in City streets. Traffic control and temporary lane closures will be performed in general accordance with the 2014 California MUTDC. All boring locations will be marked in white paint and registered with underground Service Alert. The borings would also be permitted through the Sonoma County Environmental Health Department. 3. Exploration will include up to five exploratory borings to as deep as 35 feet along the sewer alignment and two borings up to 15 feet deep along the waterline alignment. Samples will be obtained immediately below the existing pavement section and approximately every five feet thereafter with Standard Penetration Test and Modified California samplers, driven with a 140-pound hammer. Cap the two trenchless borings for at least 30 minutes and perform a field test with a photo ionization detector (PID) for potential explosive gases. 5 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com Pavement sections will be measured and soils shall be field-classified in general accordance with ASTM D2488. The borings will be backfilled with cement grout and topped with cold asphalt patch. 4. GHD will geotechnical perform laboratory tests of the type and number as required to obtain sufficient information to prepare the geotechnical report, which shall state the standards used for the laboratory tests. The laboratory testing will include, as appropriate: a. Strength tests such as direct shear, unconfined compression b. Index Tests such as sieve analysis, hydrometer, Atterberg limits, moisture content, and dry density c. Corrosivity Tests, including sulfate, resistivity, chloride, pH, redox 5. Engineering analyses will be performed to support the design-level conclusions and recommendations for the proposed expansion. Analyses will include the following, as appropriate: a. Volume shrink/swell b. Dewatering volume c. Lateral earth resistance d. Soil parameters for flexible pipeline and thrust block design Task 3.2 Draft and Final Report 1. A design-level geotechnical investigation report will be prepared for the project. The report will include the following: a. Description of physical properties and characteristics of the pavement section, subsurface soil, and groundwater b. A plan showing the locations of borings and log of borings c. Discussion of corrosivity of soils with respect to concrete and ferrous metals d. A summary of all laboratory and field test data e. Discussion of pertinent geotechnical factors (soil and groundwater) that could affect the design and construction of this project; and f. Conclusions and recommendations for the following: i. Impacts of questionable soils (expansive, compressible, resistant), if encountered, and mitigation ii. Soils corrosive to concrete and ferrous metals iii. Bedding, backfill, compaction, and moisture requirements for trench bedding and backfill iv. Volume shrink/swell v. Dewatering vi. Flexible pipeline deflection parameters vii. Impacts and viable trenchless construction methods 6 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com 2. GHD’s geotechnical team will work with the design team to confirm the geotechnical recommendations from the geotechnical investigation report are properly applied to the civil and design as well as incorporated into the plans. Task 3 Deliverables  Draft and Final Geotechnical Investigation Report (electronic PDF transmittal). Task 3 Assumptions  The City will waive fees for the Encroachment Permit  Spoils from the borings will be placed back in the borings  Access to the project site is provided to GHD for exploration  Work hours will be weekdays between 7 am and 5 pm  Services during bidding or construction are not included  Wet weather may delay the schedule of field services Task 4 – Environmental Documentation and Permitting 4.1 CEQA Compliance Assistance The proposed project is located within the boundaries of the Central Rohnert Park Priority Development Area Plan (PDA Plan). A programmatic-level Environmental Impact Report (Program EIR) was certified for the PDA Plan in 2015. The proposed project, which will include construction techniques that would avoid disturbance of riparian corridors, is anticipated to be found consistent with the PDA Plan and will be approved utilizing the PDA Program EIR. This task includes a limited number of hours for a GHD CEQA specialist to coordinate with the design team and the City on tiering from the PDA Program EIR. This would include meetings and conference calls, assisting with tiering checklist templates, and peer reviewing checklist and/or Mitigation Monitoring Program documentation to be prepared by the City. 4.2 Resource Agency Permitting Trenchless construction techniques would be utilized to install the proposed pipeline beneath Copeland Creek, thereby avoiding work within the creek and disturbance to riparian habitat. The use of trenchless construction techniques would avoid working within areas that are under the jurisdiction of the Army Corps of Engineers and the North Coast Regional Water Quality Control Board. Therefore, this scope of work does not include Clean Water Action Section 401 or 404 environmental permitting applications. Based on experience with similar pipeline projects, GHD anticipates that the trenchless construction beneath Copeland Creek will require of a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife. GHD will prepare a Notification of Lake or Streambed Alteration for the project, which will be submitted for City review. Upon receipt of City comments, GHD will finalize the Notification for submittal to the California Department of Fish and Wildlife and coordinate with the agency on project-related inquiries. This scope of work assumes that the City will provide payment for the Notification fee, which will be based on the estimated project cost. 7 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com 4.3 Caltrans Encroachment Permitting Based on review of available Caltrans right-of-way maps during project scoping, this scope of services assumes that encroachment permitting with Caltrans will not be required for planned geotechnical investigation and potholing field work for the trenchless crossing of Copeland Creek. Encroachment permitting will be required for construction activities within Caltrans rights-of-way. GHD will begin coordination with Caltrans for the construction contract at the 50% design development stage, and the construction encroachment permit (EP) application will be submitted at the completion of the 50% design development stage. The City will sign and/or authorize the permit application and provide fees associated with the permit (or fees will be waived by Caltrans). GHD will prepare traffic control plans that are required by Caltrans for the EP application. One resubmittal is anticipated for the construction EP. GHD and a City representative will meet with Caltrans to discuss the construction EP application. GHD will address and prepare a response to review comments from Caltrans to the encroachment permit application for the trenchless crossing of Copeland Creek as submitted by GHD at the 50% submittal stage. The Caltrans EP for construction is anticipated to be received prior to bid advertisement. The selected contractor will use the City’s EP as the basis for obtaining a double permit from Caltrans for construction. Task 5 – Prepare 50% Contract Documents GHD will prepare preliminary plans that will be used as the basis for the CEQA and permitting processes, and preliminary discussion with the City of Rohnert Park. GHD will also prepare preliminary specifications, and a preliminary opinion of probable construction costs. Preliminary plans will include plan and profile sheets for the sewer and water main alignments, preliminary details for the sewer and water main trench and manholes, typical road cross sections, and other preliminary information appropriate to define the scope of the project. Plans will show design intent, limits of work, and annotation for work items. Detailing for the various work items will generally not be included in the 50% submittal. Since geotechnical exploratory drilling and potholing activities are scheduled for January 2019, results may not be available for incorporation into the 50% plans. These plans will also be used as the basis for encroachment permit submittal to the City of Rohnert Park and Caltrans. Preliminary specifications will include Division 2 specification sections; however, timing for receipt of the Draft Geotechnical Report may effect development of tunnelling, shoring, soil stabilization, and dewatering specifications. Those specification sections will be completed for the 90% submittal. GHD will coordinate with the DD consultants to identify sewer and water connection points. GHD will meet with the City following submittal of the 50% submittal to discuss the project findings to date. The goal of this meeting is to receive City comments and reach concurrence on the design approach for the project. City comments will be consolidated into one review response document. Comments will be reviewed by GHD and incorporated into the deliverables for upcoming project tasks. Task 5 Deliverables  GHD will submit to the City three (3) hard copies (11x17) and one electronic copy (PDF) of the 50% plans, preliminary specifications, and preliminary opinion of probable construction costs. The trenchless 8 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com requirements will require site specific and project specific requirements in the following sections: (1) Shaft construction, (2) tunnel excavation method – HAB, (3) Steel casing, (4) Contact grouting, (5) Geotechnical instrumentation, (6) Backfill grout between carrier pipe and casing pipe, (7) Installation of carrier pipe in casing including casing spacers and bulkheads, (8) Review of carrier pipe material specification, (9) Review of dewatering specification – disposal and performance requirements, (10) Review of submittals, (11) Review of owner preferred terms, (12) Review of order of precedence.  Provide draft calculations for jacking loads and hydro-fracture analysis  Draft Geotechnical Investigation Report will be provided with 50% submittal. Task 6 – Detailed Design Task 6 includes the preparation of plans, technical specifications, and engineer’s opinion of probable construction costs for the new sewer and water main within one contract document. 6.1 Prepare 90% Contract Documents Documents will be prepared for sewer and water improvements. The following provides a list of the anticipated 32 plan sheets for the project, which is subject to change to meet project needs:  General, including survey control: 5 sheets  Civil (pipeline plan and profile): 14 sheets  Civil Details: 6 sheets (including standard plans, details, profiles, enlarged views, tunnelling) (tunnel details and ground monitoring details – 2 pages)  Traffic handling/constraints plans: 7 sheets GHD will prepare 90% plans using the project basemap prepared for the 50% submittal. The 90% plans will be based on comments and recommendations provided by the City for the 50% submittal. The 90% submittal will be submitted to the City for review. It is assumed that the City will distribute 90% documents and return one consolidated comment review packages. This scope of services does include preparation of response documents for the City review. Plans will be prepared at a scale of 1”=20’ at 22”x34” (unless otherwise appropriate and/or approved by the City). Traffic handling/constraints plans will be prepared at a scale of 1”=40’ at 22”x34” (unless otherwise appropriate and/or approved by the City). Specifications for the 90% submittal will be formatted for consistency with the City’s standard specifications. GHD will provide supplemental technical specifications. The 90% submittal will also include an updated engineer’s opinion of probable construction costs, as revised based on comments and recommendations provided by the City for the 50% submittal and GHD’s findings for the preparation of the submittal. GHD will meet with the City to discuss the 90% submittal review comments. 9 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com Task 6.1 Assumptions  Road rehabilitation outside of the trench section is not included in the project scope of services, except where the trench repair section is extended to adjacent surface features (i.e., gutter, lane lines) per City standards.  Work associated with surface features affected by construction activities (i.e., paint and thermoplastic marks and legends, raised markers, valve covers) will be noted on the plan and profile sheets.  Technical specifications will follow the CSI 16-division format.  The City will provide GHD with its standard / front-end specifications in electronic format for use in preparing project specifications.  The City will provide standard plans, drawings, figures, etc., to GHD in electronic format for use in preparing project plans. Task 6.1 Deliverables  90% full-size (22”x34”) plans, front end and technical specifications, and 90% engineer’s opinion of probable construction cost and technical memorandum for Basis of Estimate (6 hard copies and 1 PDF electronic copy). 6.2 Prepare 100% Contract Documents Prepare 100% plans, specifications and engineer’s opinion of probable construction costs. Revisions will be substantially based upon comments and recommendations provided by the City for the 90% submittal. Task 6.2 Deliverables  100% full-size (22”x34”) plans, front end and technical specifications, 100% engineer’s opinion of probable construction cost (3 hard copies and 1 PDF electronic copy).  Final Geotechnical Investigation Report will be provided with 100% submittal, in order to address comments provided for the 90% submittal review. 6.3 Prepare Final Contract Documents Prepare complete set of biddable contract documents and final engineer’s opinion of probable construction costs. Revisions will be substantially based upon comments and recommendations provided by the City for the 100% submittal. This scope of services does not include any submittals subsequent to the Final Submittal. Task 6.3 Deliverables  Final stamped/signed full-size plans (2 bond copies), stamped/signed ready specifications (2 paper copies), final engineer’s opinion of probable construction cost (2 paper copies), and a CD electronic copy of the final plans, specifications (PDF for plans, Word for specifications, Excel for engineer’s opinion of probable construction costs). The City is anticipated to use the electronic copy of the plans and specifications for reproduction of documents during the project bid phase. 10 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com Task 7 – Bidding Phase Assistance This scope of services assumes that the City will advertise and provide administration for the project bidding phase. GHD will provide support to the City as follows:  GHD’s project manager and project director will attend one (1) pre-bid meeting to field questions from interested parties. It is assumed that the City will prepare a written record of attendance and items discussed.  Respond to questions during bid. GHD will respond to up to twenty (20) questions from plan holders and document the responses. A spreadsheet detailing RFI submittals, responses, and tracking will be maintained. Questions will be routed to GHD from the City during the bid phase.  Prepare addenda. GHD will prepare technical information for the City’s use to prepare addenda. This scope of services assumes that the City will prepare two (2) addenda during the bid phase.  Prepare conformed construction documents. GHD will incorporate addenda into a conformed set of plans and specifications. Task 7 Deliverables  Handwritten notes will be provided (scanned to PDF) for meetings.  Responses to questions, addenda, and conformed construction documents will be provided in electronic format. The City will be responsible for preparing copies of the bid phase and contract documents as needed. Contingency A 4 percent contingency is provided for this Scope of Services for additional services that may be required for the project (e.g., to address unforeseen field conditions or unanticipated traffic control requirements for geotechnical and potholing work, additional community outreach, significant changes in alignment, etc.). Use of the project contingency will be based on written authorization by the City to proceed. Assumptions  Corrosion design is not included in this scope of services.  Preparation of a SWPPP is not included in this scope of services. The contractor will be required to prepare and administer a SWPPP during the construction phase.  Plans will include general information and notes regarding bypass pumping. Technical specifications will provide anticipated bypass pumping flow rates from the latest hydraulic model, as well as various requirements for the bypass pumping systems. The selected contractor will be responsible for preparing and submitting detailed bypass pumping plans and calculations.  Dewatering water is assumed to be discharged to the existing sewer system. The latest hydraulic model will be used to determine the available capacity for the existing sewer system. If anticipated dewatering flow rates would exceed the existing sewer system capacity, then dewatering water may be discharged to the new trunk sewer. Planning, permitting, and design for discharge to the stormwater system are not included in this scope of services. Services Not Included 11 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com The following services are not included in the scope of work:  Preparing additional Bid Documents or Contract Documents for alternate bids or prices requested by the City for the project or a portion thereof.  Determining the acceptability of substitute materials and equipment proposed during the bidding when substitution prior to the award of contracts is allowed by the Bid Documents.  Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services.  Construction phase services.  Other services performed or furnished by GHD not otherwise provided herein for in the scope of services. City Responsibilities In addition to other responsibilities of the City as set forth in the scope of services, the City shall at its expense:  Advertise and administer the bidding and award phases of the project. The City will attend the pre-bid conference, bid opening, partnering/pre-construction conference, and other job related meetings.  Contract and administer the buildability/constructability consultant and review process.  Provide labor compliance and funding administration as required by project funding, permit requirements, or other project requirements not provided in GHD’s scope of services.  Provide GHD with the findings and reports generated by the entities providing services to the City. Project Team The following GHD Inc. personnel are assigned as project or technical leads for this project:  Project Principal – Matt Winkelman, PE  Project Manager – Steve Grupico, PE  Quality Assurance / Quality Control (QA/QC) – Greg Watanabe, PE  Civil Engineer – Mark Summers, PE  CAD/Project Engineer – Brittany Moore, PE  Tunnelling Engineer – Craig Camp  Environmental Permitting – Brian Bacciarini  Project Coordinator – Laura Bryan  Geotechnical Engineer – Chris Trumbull, PE, GE  Survey & Topographic Services – Richard Maddock, PLS  Positive Utility Verification – Subtronic Corporation (sub) Project Schedule Engineering services will commence upon issuance of Notice to Proceed for this scope of work, which is anticipated on January 9, 2019 following the City Council’s meeting on the previous day. The estimated project schedule is presented below. GH D I n c . 2 2 3 5 M e r c u r y W a y S u i t e 1 5 0 S a n t a R o s a C A 9 5 4 0 7 U S A 12 T 1 7 0 7 5 2 3 1 0 1 0 F 1 7 0 7 5 2 7 8 6 7 9 E sa n t a r o s a @ g h d . c o m W w w w . g h d . c o m Pr o j e c t N a m e : Ph a s e 2 - D o w n t o w n I n f r a s t r u c t u r e I m p r o v e m e n t s ( W a t e r ) Client:City of Rohnert Park Pr e p a r e d b y : S G r u p i c o Date: Re v i e w e d b y : M. W i n k e l m a n Jo b N u m b e r : 11 1 8 7 3 2 9 LA B O R C A T E G O R Y > S r . P r o j P r o j E n v G e o t e c h G e o t e c h L L S 2 - P e r s o n C A D / T O T A L S U B S U B En g r . E n g r . L e a d L e a d S u p p o r t C r e w G r a p h i c s H O U R S RA T E > $ 2 6 5 $ 2 4 5 $ 1 9 5 $ 1 9 0 $ 1 4 5 $ 1 7 0 $ 1 3 5 $ 2 1 0 $ 1 3 5 $ 1 7 5 $ 3 2 0 $ 1 4 5 $ 1 3 5 Ta s k / I t e m /H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r 42 1 4 6 3 2 9 $ 1 , 3 7 4 $ 6 , 9 2 9 42 1 4 0 6 0 0 0 0 0 0 0 3 2 9 $ 1 , 3 7 4 $ 0 $ 0 $ 6 , 9 2 9 55 10 $ 6 0 $ 1 , 7 3 5 28 2 8 $ 8 4 0 $ 9 , 8 0 0 1 1 2 1 2 1 2 2 8 $ 1 6 8 $ 4 , 6 8 3 11 2 7 1 1 2 $ 7 2 $ 2 7 , 6 0 0 $ 2 9 , 6 4 2 01 2 8 1 4 0 0 0 0 1 2 2 8 1 2 1 7 8 $ 1 , 1 4 0 $27,600 $ 0 $ 4 5 , 8 6 0 1 4 1 5 1 2 1 $ 4 , 5 0 2 $ 3 , 4 5 0 $ 1 1 , 2 1 7 11 3 5 2 1 2 $ 2 1 0 $ 2 , 2 9 5 21 0 0 0 0 0 7 2 0 0 0 0 3 3 3 $ 4 , 7 1 2 $ 0 $ 3 , 4 5 0 $13,512 7 7 $ 4 2 $ 1 , 2 3 2 15 6 12 $ 7 2 $ 1 , 9 9 7 11 4 7 1 4 12 2 4 1 $ 2 4 6 $ 6 , 9 0 6 21 4 7 1 4 1 2 6 0 0 0 0 1 2 2 6 0 $360 $ 0 $ 0 $ 1 0 , 1 3 5 1 5 2 1 2 2 9 29 5 8 3 $ 4 9 8 $ 1 3 , 7 4 3 1 5 2 1 2 2 9 0 0 0 0 0 0 2 9 5 8 3 $ 4 9 8 $ 0 $ 0 $ 1 3 , 7 4 3 2 6 6 1 2 2 9 8 2 9 7 9 9 $ 1 , 2 6 9 $ 1 7 , 7 5 4 1 3 4 1 0 1 9 24 5 6 6 $ 5 9 6 $ 1 1 , 1 8 6 11 4 4 1 0 10 4 3 4 $ 3 5 4 $ 5 , 8 4 4 4 1 0 1 4 2 6 5 8 0 0 8 0 0 0 6 3 1 6 1 9 9 $ 2 , 2 1 9 $ 0 $ 0 $ 3 4 , 7 8 4 11 2 4 7 7 2 2 4 $ 1 4 4 $ 4 , 1 0 4 11 2 4 7 0 0 0 0 0 0 7 2 2 4 $144 $ 0 $ 0 $ 4 , 1 0 4 14 2 1 3 8 5 7 1 2 8 1 2 6 1 5 2 0 1 2 2 8 1 2 3 3 2 5 0 6 1 0 , 4 4 7 $ 27,600 $ 3,450 $ 129,067 $ 5,163 $ 134,230 $ *O T H E R D I R E C T C O S T S i n c l u d e t e l e p h o n e , m i l e a g e , p r i n t i n g , p h o t o c o p i e s a n d o t h e r m i s c e l l a n e o u s d i r e c t e x p e n s e s . Co n t i n g e n c y ( 4 % ) NO T T O E X C E E D T O T A L F E E PR O J E C T T O T A L Su b t o t a l T a s k 5 Ta s k 6 D e t a i l e d D e s i g n ( P h a s e 6 0 ) 6. 1 P r e p a r e 9 0 % C D s 6. 2 P r e p a r e 1 0 0 % C D s 6. 3 P r e p a r e F i n a l C D s Su b t o t a l T a s k 6 Ta s k 7 B i d d i n g P h a s e A s s i s t a n c e ( P h a s e 7 0 ) 7. 1 B i d d i n g P h a s e A s s i s t a n c e Su b t o t a l T a s k 7 3. 2 D r a f t a n d F i n a l R e p o r t s Su b t o t a l T a s k 3 Ta s k 4 E n v i r o n m e n t a l D o c u m e n t a t i o n a n d P e r m i t t i n g ( P h a s e 4 0 ) 4. 1 C E Q A C o m p l i a n c e A s s i s t a n c e 4. 2 R e s o u r c e A g e n c y P e r m i t t i n g 4. 3 C a l t r a n s E n c r o a c h m e n t P e r m i t t i n g Su b t o t a l T a s k 4 Ta s k 5 P r e p a r e 5 0 % C D s ( P h a s e 5 0 ) 5. 1 P r e p a r e 5 0 % C D s 3. 1 E x p l o r a t i o n , E n g i n e e r i n g & A n a l y s i s Ta s k 1 P r o j e c t M a n a g e m e n t ( P h a s e 1 0 ) 1. 1 P r o j e c t M a n a g e m e n t Su b t o t a l T a s k 1 Ta s k 2 F i e l d I n v e s t i g a t i o n s ( P h a s e 2 0 ) 2. 1 S i t e V i s i t s 2. 2 F i e l d S u r v e y ( P W ) 2. 3 O f f i c e S u r v e y 2. 4 P o s i t i v e U t i l i t y V e r i f i c a t i o n Su b t o t a l T a s k 2 Ta s k 3 G e o t e c h n i c a l I n v e s t i g a t i o n ( P h a s e 3 0 ) Project Coordinator *OTHER DIRECT COSTSTOTAL FEE Potholing (Subtronic) D r i l l i n g GH D - P R O J E C T F E E E S T I M A T I N G S H E E T December 17, 2018 LA B O R C O S T S FEE COMPUTATION Pr i n c i p a l Q A / Q C Pr o j e c t Ma n a g e r En v Pl a n n e r 12 / 2 0 / 2 0 1 8 Page 1 Pr o j e c t N a m e : Ph a s e 2 - D o w n t o w n I n f r a s t r u c t u r e I m p r o v e m e n t s ( S e w e r ) Client:City of Rohnert Park Pr e p a r e d b y : S G r u p i c o Date: Re v i e w e d b y : M. W i n k e l m a n Jo b N u m b e r : 11 1 8 7 3 2 9 LA B O R C A T E G O R Y > S r . P r o j P r o j E n v G e o t e c h G e o t e c h L L S 2 - P e r s o n C A D / T O T A L S U B S U B En g r . E n g r . L e a d L e a d S u p p o r t C r e w G r a p h i c s H O U R S RA T E > $ 2 6 5 $ 2 4 5 $ 1 9 5 $ 1 9 0 $ 1 4 5 $ 1 7 0 $ 1 3 5 $ 2 3 0 $ 2 1 0 $ 2 1 0 $ 1 3 5 $ 1 7 5 $ 3 2 0 $ 1 4 5 $ 1 3 5 Ta s k / I t e m /H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r / H r 12 4 3 6 1 6 1 4 7 8 9 $ 1 , 7 3 4 $ 1 9 , 3 9 9 12 4 3 6 0 1 6 0 0 1 4 0 0 0 0 0 0 7 8 9 $ 1 , 7 3 4 $ 0 $ 0 $ 1 9 , 3 9 9 11 1 1 22 $ 1 3 2 $ 3 , 8 1 7 64 6 4 $ 1 , 9 2 0 $ 2 2 , 4 0 0 11 1 28 2 8 5 9 $ 3 5 4 $ 9 , 8 4 4 13 6 1 7 3 3 0 $ 1 8 0 $ 6 4 , 4 0 0 $ 6 9 , 4 2 0 0 1 4 1 8 2 9 0 0 0 0 0 0 2 8 6 4 2 8 3 1 7 5 $ 2 , 5 8 6 $ 6 4 , 4 0 0 $ 0 $ 1 0 5 , 4 8 1 1 1 1 8 3 6 1 4 8 $ 4 , 5 0 2 $ 8 , 0 5 0 $ 1 9 , 7 2 3 11 8 4 7 1 1 3 3 5 $ 2 1 0 $ 5 , 9 2 4 21 0 0 0 0 0 9 5 1 5 4 7 0 0 0 4 8 3 $ 4 , 7 1 2 $ 0 $ 8 , 0 5 0 $ 2 5 , 6 4 7 14 14 $ 8 4 $ 2 , 4 6 4 11 1 1 7 29 $ 1 7 4 $ 4 , 6 0 4 1 2 8 1 7 3 4 28 6 9 6 $ 5 7 6 $ 1 5 , 9 2 1 2 2 8 1 7 3 4 2 5 1 7 0 0 0 0 0 0 2 8 6 1 3 9 $ 8 3 4 $ 0 $ 0 $ 2 2 , 9 8 9 3 1 1 6 2 8 6 7 5 6 8 0 6 7 1 1 3 2 9 $ 1 , 9 7 4 $ 4 5 , 8 2 9 3 1 1 6 2 8 6 7 0 0 5 6 8 0 0 0 0 0 6 7 1 1 3 2 9 $ 1 , 9 7 4 $ 0 $ 0 $ 4 5 , 8 2 9 4 1 4 1 4 2 8 6 7 3 8 5 4 8 6 7 1 7 3 1 1 $ 2 , 5 4 1 $ 4 7 , 2 8 0 2 7 8 2 2 6 1 3 4 3 4 5 6 1 3 2 3 7 $ 1 , 6 2 2 $ 3 6 , 1 8 1 1 3 8 1 2 2 2 8 8 2 2 8 9 2 $ 7 0 2 $ 1 4 , 8 5 0 7 2 4 3 0 6 2 1 5 0 0 0 8 0 9 6 8 0 0 0 1 4 5 3 8 6 4 0 $ 4 , 8 6 5 $ 0 $ 0 $ 9 8 , 3 1 1 11 4 8 1 7 8 8 1 7 6 7 0 $420 $ 1 0 , 8 1 8 11 4 8 1 7 0 0 8 8 0 0 0 0 1 7 6 7 0 $420 $ 0 $ 0 $ 1 0 , 8 1 8 27 4 4 8 8 1 3 3 3 1 3 2 5 1 7 1 6 7 1 8 9 2 3 4 7 2 8 6 4 2 8 5 7 5 1 , 5 2 5 1 7 , 1 2 5 $ 64,400 $ 8,050 $ 328,474 $ 13,139 $ 341,613 $ *O T H E R D I R E C T C O S T S i n c l u d e t e l e p h o n e , m i l e a g e , p r i n t i n g , p h o t o c o p i e s a n d o t h e r m i s c e l l a n e o u s d i r e c t e x p e n s e s . December 17, 2018 2. 4 P o s i t i v e U t i l i t y V e r i f i c a t i o n 5. 1 P r e p a r e 5 0 % C D s Ta s k 2 F i e l d I n v e s t i g a t i o n s ( P h a s e 2 0 ) Ta s k 4 E n v i r o n m e n t a l D o c u m e n t a t i o n a n d P e r m i t t i n g ( P h a s e 4 0 ) Ta s k 5 P r e p a r e 5 0 % C D s ( P h a s e 5 0 ) 2. 2 F i e l d S u r v e y ( P W ) 4. 2 R e s o u r c e A g e n c y P e r m i t t i n g 4. 3 C a l t r a n s E n c r o a c h m e n t P e r m i t t i n g Tu n n e l i n g Le a d PR O J E C T T O T A L 6. 1 P r e p a r e 9 0 % C D s 6. 2 P r e p a r e 1 0 0 % C D s Su b t o t a l T a s k 6 6. 3 P r e p a r e F i n a l C D s Su b t o t a l T a s k 7 Ta s k 6 D e t a i l e d D e s i g n ( P h a s e 6 0 ) 7. 1 B i d d i n g P h a s e A s s i s t a n c e Su b t o t a l T a s k 4 GH D - P R O J E C T F EE E S T I M A T I N G S H E E T FEE COMPUTATION 1. 1 P r o j e c t M a n a g e m e n t Pr o j e c t Ma n a g e r Pr i n c i p a l En v Pl a n n e r LA B O R C O S T S *OTHER DIRECT COSTSTOTAL FEE Potholing (Subtronic)Project Coordinator Ta s k 1 P r o j e c t M a n a g e m e n t ( P h a s e 1 0 ) Drilling 2. 3 O f f i c e S u r v e y NO T T O E X C E E D T O T A L F E E Co n t i n g e n c y ( 4 % ) Ta s k 3 G e o t e c h n i c a l I n v e s t i g a t i o n ( P h a s e 3 0 ) Su b t o t a l T a s k 1 QA / Q C Tu n n e l En g i n e e r Ta s k 7 B i d d i n g P h a s e A s s i s t a n c e ( P h a s e 7 0 ) Su b t o t a l T a s k 5 4. 1 C E Q A C o m p l i a n c e A s s i s t a n c e 2. 1 S i t e V i s i t s 3. 1 E x p l o r a t i o n , E n g i n e e r i n g & A n a l y s i s 3. 2 D r a f t a n d F i n a l R e p o r t s Su b t o t a l T a s k 3 Su b t o t a l T a s k 2 12 / 2 0 / 2 0 1 8 Page 1 ITEM NO. 6C3 1 Meeting Date: January 8, 2019 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Approving Task Order 2019-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services at the Sunrise Park RECOMMENDED ACTION: Approve a Resolution authorizing the City Manager to execute Task Order 2019-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services at Sunrise Park and related actions. BACKGROUND: In February 2016, the City Council approved a Master Agreement with Green Valley Consulting Engineers under Council Resolution No. 2016-16. Since that time, Green Valley has provided the construction management and inspection services at the University District and Southeast Specific Plan Areas. The firm has been instrumental in assisting staff in managing this large volume of development work and has the experience and qualifications to ensure that the work is completed to City standards. Because of the volume of work at the University District, Green Valley has established a satellite construction office and from that location, has very efficiently assisted the City in managing and inspecting new development work on the east side of the City. With the recent initiation of the developer constructed all-weather field at Sunrise Park, staff requested a proposal from Green Valley to oversee this work. The work is in very close proximity to University District and the same team will perform the management and inspection services. This will augment City staff resources and help ensure that new field is constructed to City standards and that timely responses are made to the developer and its contractor. ANALYSIS: While the City has competitively solicited and secured on-call construction management and inspection services from a number of providers, Green Valley is considered the most qualified to support this particular project. The firm has a construction oversight team located in the area and has a proven ability to effectively represent the City’s interest while working cooperatively with developers. In addition, Green Valley has not worked for the developer and has no conflicts of interest and its hourly rates, particularly for inspection services, are very competitive. Because of the contained and relatively limited nature of work, staff is recommending a part- time construction manager and inspector, for the estimated eight month construction period. The value of the proposed Task Order is $213,660, which is under 10% of the construction cost. These costs are covered by developer reimbursements and the Task Order authorizes time and materials work, so if the developer is able to complete the project more quickly than anticipated, the full fee will not be charged. 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 This proposed Task Order with Green Valley is in alignment with Purchasing Policy Sections 3.6(B) and (D), which allows the City to engage professional services via a negotiated process and secure their ongoing services via master services agreements. STRATEGIC PLAN ALIGNMENT: By hiring outside professionals, the City is ensuring the effective delivery of public services thus aligning with Goal C of the Strategic Plan. Additionally, this allows staff to better assist major planned developments which align with Goal D of the Strategic Plan. OPTIONS CONSIDERED: 1. Authorize the Task Order with Green Valley Consultants (recommended option). This option allows staff to retain continuity of inspection services and project understanding and will allow resources to remain available as work proceeds. 2. Award the construction management and inspection services to another firm. This option is not recommended because staff has solicited proposals and Green Valley is the most qualified to continue with this work. 3. Perform construction management and inspection services using City staff. This option is not recommended as it would require hiring additional staff to perform these services. The use of a consultant offers flexibility to the City to engage their services only if and when there is work to be done. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this action is $213,660. The funding source for this task order amendment is the reimbursement agreement between the City and Sonoma Mountain Village, the developer responsible for constructing the all-weather field. Department Head Approval Date: 12/27/2018 Finance Director Approval Date: 12/27/2018 City Attorney Approval Date: 12/27/2018 City Manager Approval Date: 12/31/2018 Attachments (list in packet assembly order): 1. Resolution Authorizing the City Manager to Execute Task Order 2019-01 with Green Valley Consulting Engineers for Construction Management and Inspection Services at Sunrise Park and Related Actions 2. Resolution Exhibit A – Green Valley Task Order 2019-01 1 RESOLUTION NO. 2019-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2019-01 WITH GREEN VALLEY CONSULTING ENGINEERS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AT SUNRISE PARK AND RELATED ACTIONS WHEREAS, consistent with the Purchasing Policy, the City entered into a Master Agreement with Green Valley Consulting Engineers for Design Professional Services on March 1, 2016, pursuant to City Council Resolution No. 2016-16 adopted on February 23, 2016; and WHEREAS, under the 2016 agreement, Green Valley Consulting Engineers has been providing construction management and inspection services for various development projects throughout the City and has demonstrated a high level of qualification in representing the City’s interests while also efficiently advancing development work; and WHEREAS, in accordance with its Development Agreement with the City, the Developer of the Sonoma Mountain Village Project has initiated construction of all-weather soccer field at Sunrise Park, which will be turned over to the City for operation and maintenance upon completion; and WHEREAS, staff requested and has received a proposal from Green Valley Consulting Engineers for construction management and inspection services for the developer constructed all- weather soccer field at Sunrise Park; and WHEREAS, the City Council considered Task Order No 2019-01 at its duly noticed regular meeting of January 8, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute Task Order No. 2019-01 by and between Green Valley Consulting Engineers, a California Corporation, and the City of Rohnert Park, a municipal corporation, for Construction Management and Inspection Services at Sunrise Park in an amount not to exceed two hundred thirteen thousand six hundred sixty dollars and no cents ($213,660.00). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate the Task Order on behalf of the City of Rohnert Park, including execution of a Task Order in substantially similar form to the one attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to increase budgeted revenue and appropriations as necessary to cover the costs of the Task Order. ( 2 ) DULY AND REGULARLY ADOPTED this 8rd day of January, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A ADAMS: _________MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) GREEN VALLEY CONSULTING ENGINEERS TASK ORDER NO. 2018-02 CITY OF ROHNERT PARK AND GREEN VALLEY CONSULTING ENGINEERS AUTHORIZATION TO PROVIDE ENGINEERING SERVICES FOR ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AT SUNRISE PARK ATHLETIC FIELD, EP17-0001 SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct Green Valley Consulting Engineers to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and Green Valley Consulting Engineers ("Consultant") hereto dated March 1, 2016. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “B” in an amount not-to-exceed two hundred thirteen thousand six hundred sixty dollars ($213,660). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 30, 2019 or as extended by the City Manager or Director of Development Services or his/her designee. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this _____ day of January, 2019. CITY OF ROHNERT PARK GREEN VALLEY CONSULTING ENGINEERS ____________________________ Darrin Jenkins, City Manager (Date) Elizabeth Ellis, President (Date) Per Resolution No. 2019-____ adopted by the Rohnert Park City Council at its meeting of January 8, 2019. ATTEST: APPROVED AS TO FORM: ____________________________ City Clerk City Attorney Exhibit A Sunrise Park Athletic Field Improvements The City would like our team to manage and inspect the demolition, grading and site work improvements to assist City staff in workloads. It is not anticipated that full-time inspection will be required but tight coordination and management will be needed to ensure successful coordination with the various Contractors working on the Project, with its speciality components of artificial turf, stadiums, lighting, etc. as well as the heavily trafficked location within the City limits. Key items that our team will be aware of and have the experience to address during construction include:  Heavy traffic volumes on RPX and Snyder Lane and the proximity to a number of schools, including Sonoma State and the High School and elementary school  Pedestrian traffic at intersections of existing and proposed improvements  Noise and dust control due to location adjacent to senior and medical facilities  Coordination with various Contractors working on the Project  Proximity to play facilities being kept in service during construction Critical to the success of this project during construction is an understanding of the high volumes of pedestrian and vehicular traffic that occurs in the project’s vicinity. The project is directly adjacent to new and existing residential homes and neighborhoods, as well as being an active playground that has high usage during both weekdays and weekends. Scope of Work for Construction Management/Inspection Our scope of work is to provide the City with a senior level part-time on-site inspector, a part-time Construction Manager, and a construction support team (Construction Management Team). Our proposed team will act as an extension of the City’s own staff and will coordinate on project details, schedules, goals, etc. The Construction Manager’s overall responsibility and scope of work is to facilitate successful completion of the site work and paving prior to winter rains. The Construction Manager Services will include contract administration, construction management, field inspection to observe and document daily construction activities, and geotechnical observation and material testing. The construction manager will provide Resident Engineer services as required. Specifically, the work shall include the following as needed: Pre-Construction Services Construction Phase Services Post-Construction Services Pre-Construction Services: 1. Conduct a kick-off meeting with the City staff and relevant parties to discuss the proposed design scope and subsequent construction of the project. 2. Perform a constructability review of the plans and specifications to ensure the feasibility and constructability of proposed improvements. 3. Prepare a Construction Management Plan for the project. The Plan will include the following: • Preparation of a project specific manual identifying procedures and protocols to be used by the Construction Manager and project inspectors throughout the project. • Identifying lines of communication between City, Contractor, and Inspector. • Contact list of key agencies, personnel, emergency contacts for Fire, Police, and others, etc. • Provides for standard daily field reports of work accomplished. • Shop drawing log to identify contractor submittals and tracks status of approvals and return to contractor. • Logging system to track contractors’ requests for information and status of responses. • Logging system to identify change order requests and status of approvals or negotiations. • Log of correspondence from and to contractor and City. • Preparation of a monthly report to the City Council showing progress for the previous month, with any issues needing resolution or pending. Photos of work in progress are typically included. • Assisting City with review of monthly progress payment requests from the contractor and recommendations to the City for payment. • Preside over weekly or semi-weekly progress meetings to discuss previous period progress and review upcoming work, discuss status of submittals, correspondence, requests for information, and other significant issues relating to the project. • Photo records of construction and monitoring of contractor’s record drawings. 4. Perform a thorough review of the final bid documents prior to start of construction. Verify quantities provided in the bidding documents. Provide results to the City and make recommendations on any identified ambiguities or omissions. 5. Prepare a baseline project schedule in Microsoft project (or equal), and use for comparison to the Contractor’s submitted schedule. 6. Determine requirements, and identify any necessary permits as required to construct and operate the improvements. 7. Prepare a list of affected utilities. Prior to commencement of construction, prepare a notice to utilities identifying the impact of the project on their utilities and for any relocation required. 8. Review the project plans and conduct a job walk to verify the site conditions. Determine the construction requirements, constraints, sequence of operations, methods of traffic control, and related project activities/events. Determine any interference with current or future projects and make recommendations for construction staging and phasing. 9. Take photos and video of the existing site conditions. 10. Conduct meetings with the businesses and residents along the route to inform them about the project schedule and construction impacts. Construction Phase Services: 1. Schedule and chair the Pre-Construction Conference. We will prepare an agenda and minutes of the meeting. Attention will be given to those items which may impact the schedule and/or project funding. 2. Conduct progress meetings with the Contractor, the City Project Manager, and other involved parties to discuss the progress of the project. Follow up on the issues raised at these meetings to expedite resolution and closure to issues. 3. Provide Contract work with the City. Establish and implement coordination, tracking, and communication procedures among City, Inspector, Construction Manager, Construction Inspector, and Contractor. Prepare correspondence, reports, meeting notes, and other documentation as needed to communicate with the City, the Contractor, and other involved parties, and to establish a clear program record. Prepare and circulate meeting minutes. 4. Establish and implement coordination, tracking, and communication procedures among City, CM, Construction Inspector, Designer, and Contractor. 5. Establish and implement procedures for reviewing and processing requests for clarification and interpretation of the contract documents, shop drawings, samples and other submittals, contract schedule adjustments, change order proposals, written proposals for substitutions, payment applications, and the maintenance of field logs. Assist City in notifying the public prior to performing construction work that will impact them. 6. Record Management and Document Control Document Tracking System: Maintain a computer-based correspondence, information, and submittal tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner. The contractor’s submittal schedule will list all significant submittals required by the specifications and those that are critical to the project’s success. The schedule will identify the expected date that the item is due. We will review the schedule to confirm that all submittals are listed and that the planned dates allow sufficient time before the item is required on the job site. Green Valley Consulting Engineers will identify those submittals that can be reviewed at the job site and those that should be reviewed by the design engineer. The objective will be to proactively forecast potential problems and develop solutions before impacts occur in the project process. Maintain Project Files: Maintain orderly project files. These files shall include, but not be limited to: • Notice to Proceed • Correspondence • Meeting minutes • Submittals • Reproductions of original contract documents, including addenda • Change orders supporting-documentation • Permit documentation • Clarifications for the contract documents • Materials delivery tickets and compliance certification • Weekly and monthly progress reports • Meeting minutes • Daily inspection reports • Progress photos • Lab and field test reports • Progress payments supporting documentation • Other project documentation 7. Provide field observation during construction. We will conduct detailed site observations of the general progress of the work to determine if the work is proceeding in accordance with the contract documents. The Construction Inspector will: • Attend all meetings • Ensure compliance with any ADA requirements and the contract documents • Coordinate and schedule sampling and testing of construction materials, soil, and AC compaction tests with RGH • Arrange for batch plant inspections (not needed for this contract) • Retain tickets prior to placement of material • Record up-to-date construction information to use in preparation of the record drawings • Prepare daily reports • Report to City any violations to any applicable regulations • Maintain a copy of the contract documents and construction-related documents at the site • Coordinate all construction activities with the utility companies and other agencies within the project area and as required by the City 8. Prepare construction inspection reports. The on-site observer will complete a daily report of events that occur at the jobsite. Green Valley Consulting Engineers will implement a format for these reports which will include the following: • Contractor’s working hours on the jobsite. A separate log will be maintained if the contractor works two shifts or nights. • Contractor and subcontractor personnel and equipment on the jobsite. • Weather conditions and observations as to the effect on the progress of the work. • Decisions or directions given to the contractor. Items of this nature would be those of usual work progress with directions to be included in a more formal manner. • Daily utilization of the contractor and subcontractor equipment on the site, but obviously idle or in temporary storage will be so noted on the report. • Observations connected with the progress of the work including deficiencies or violations of contract requirements by the contractor. • Materials delivered to the job site, together with indication as to results of inspection thereof. • Observed or potential delays and apparent causes. The contractor’s reaction to these delays will be noted. • Data relative to claims, extras or deduction. This should include those noted and agreed, as well as potential claims or items of disagreement. • List of visitors, including testing laboratory representatives or others. 9. Prepare and submit weekly status report to the City consisting of, but not limited to, the following documentation: • A narrative description of the progress of work and major tasks completed • Schedule overview, with a 2 week look-ahead. • Change order summary. • One set of key progress photos. • Summary of construction progress for the prior reporting period. • Significant project issues including recommendations on any unsolved issues. 10. Review the contract documents and verify that all the required permits have been obtained for the construction of the project. 11. Review Contractor’s schedule of values versus the payment application. Provide a recommendation of the monthly progress payment applications submitted by the contractor. We recommend that as a condition of approval, the contractor must be current with as-built recording and scheduling efforts. 12. Review, and Track Requests for Information (RFI’s), Requests for Clarifications (RFC’s), and Shop Drawings. Green Valley Consulting Engineers will establish and implement a Request for Information (RFI) procedure for use in providing resolutions to inquiries from the contractor regarding interpretations and clarifications of the plans and specifications. The CM will review contract documents and interpret the drawings as necessary to answer the questions raised by the contractor. The CM will determine if resolution can be developed by application of the plans, typical details, the specifications, and applicable codes and standards. If the resolution cannot be determined from these or similar documents, the CM will consult with the design engineer and ask for the design engineer’s interpretation. If the design engineer is authorized to develop additional design details necessary to resolve a problem, Green Valley Consulting Engineers will coordinate through the engineer, the development of a revised design so that it is compatible with field conditions or status of the work, with the goal of minimizing or mitigating the impact on the contractor’s work. We will maintain a submittal log and process required submittals, prior to, and during the process of the work as follows: • Concrete mix designs for minor concrete • Mix designs for asphalt concrete • Certificates of compliance for materials • SWPPP Plan • Traffic Control Plan • Contractor’s Safety Plan • Certified Payrolls We understand the importance of reviewing submittals in a timely manner. It is imperative that submittals are received early on in a project and reviewed and approved promptly so as to not impact construction activities. We will work with the contractor to verify that all submittals are submitted and approved well in advance of the construction activities. 13. Review the contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. We will verify that all work for interim milestones is included on the schedule. We will verify logic ties of activities, check the reasonability of task durations, review the critical path, and check for critical activities. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review process. 14. Contract Change Orders (CCO’s) may be requested by the City, the Contractor, the CM, or the design engineer. Upon receipt of a proposed change, the CM will determine the necessity of the change, check for propriety, consider other methods of accomplishing the work, method of compensation, effect on contract time, estimate of cost, the Contractor’s reaction to the proposed change, and the probability of final approval. If the CM determines that a proposed change is warranted, a proposed change order file will be established. Documents prepared by the CM describing the work, will be transmitted to the Contractor for pricing. Concurrently, independent estimate of cost and time impact will be prepared by the City and CM. Upon receipt of the contractor’s quotation, the Construction Inspector will review and compare it to the independent estimate. Based on the review, the CM will either recommend approval to the City, or recommend rejection. If negotiation is authorized, the CM will conduct the negotiations with the Contractor. For work where a unit cost is not determined prior to performing the work, the Inspector will collect time and material sheets at the end of each day. All documentation regarding change orders will be maintained, including dates of notification by Contractor, interim steps, recommendation by CM, and final decision. 15. Green Valley Consulting Engineers will assist the City to reach an agreement with the Contractor regarding disputes. 16. Review the Contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. Important scheduling elements, such as partial shutdowns, street and lane closures, detours, public notifications, material delivery, material storage, and contractor material hauling will be a part of the schedule review process. 17. Perform field interviews with the contractor’s work force on the payment of prevailing wages and fringe benefits. Conduct labor compliance interviews of Contractor’s and Subcontractor’s employees. Provide and ensure proper posting of the appropriate Federal and State Wage Determinations and labor compliance posters on the project site. Obtain copies of the certified payrolls and fringe benefit statements from the Contractor on a weekly basis. Review the payroll records, interview forms, daily logs, and compare for accuracy. Prepare bi-weekly reports of any deficiencies; and request Contractor to submit back up documents for the contractor, subcontractors, second tier subcontractors, and unlisted subcontractors (contracts less than $10,000) working on the project. 18. Prepare weekly statement of working days. 19. Provide videotape and photographic documentation of project site prior to, during, and after construction. Ensure that any survey markers disturbed by the Contractor are restored by the Contractor. 20. Maintain a set of contract documents with up-to-date information regarding all addendum, substitutions, clarifications, and changes. 21. Coordinate any certified technical inspections, field testing, or laboratory testing required for the project. Ensure that Contractor has notified utilities affected by the project. 22. Review and monitor the contractor’s safety program. The inspector will enforce on-site safety requirements and will report to City on any observed deviations from the plan. 23. Review and monitor all traffic control and public safety plans for compliance with all safety laws and regulations. Review all detour, lane closures, temporary access, signing, delineation and traffic control plans. The Inspector will enforce traffic control safety requirements in and around construction zones. 24. Review the Contractor’s “Best Management Practices” plan prior to beginning of construction. Monitor the Contractor’s implementation to prevent storm water pollution from related activities in compliance with the National Pollutant Discharge Elimination System (NPDES). 25. Review of Storm Water Pollution Prevention Plan (SWPPP) as required by the City. 26. The CM will maintain a copy of the plans on the site with all the changes. Upon completion of construction, Green Valley Consulting Engineers will conduct an As-Built verification, and prepare and provide a copy of the As-Built plans to the City. 27. Maintaining good, working relationships with the public. The CM will immediately report to the City any inconvenience to the public and will try to remedy arising problems as soon as possible, subsequent to his discussion with the City. Good public relations with the general public are imperative to the success of any project. Typically, construction work is adjacent to private residences and businesses and construction can be very disturbing. Our inspectors will be the first line of defense for addressing complaints by the public. They will work with the Contractor to address issues and concerns brought forth by the public, business, and property owners. On this project, it is critical that good communication transpire between the construction management team and the adjacent homes and businesses to minimize any disruptions to them. As this project does not directly impact an individual driveway or business access so much as overall traffic flow thru the area, we will need to put our focus on traffic control measures and hours of operations. With the number of homes that back to the Expressway, noise can be an issue as can pedestrian safety. We will work closely with the Contractor to modify the implemented Traffic Control Plan during construction as needed to ensure both vehicular and pedestrian safety at all times. To assist with the public relations efforts for this contract, we will: • Maintain a log of all phone calls received • Listen to citizen’s concerns and work to address them • Work with the Contractor for prompt resolution of issues • Circulate fliers, newspaper notifications as appropriate, and as approved by the City about noise and odor restrictions, period of construction, and suggested alternate routes • Verify that changeable message signs are placed alerting traffic of the period of potential delays during lane closures • Communicate with emergency services about any events that may raise emergency calls from the public • Implement a project hotline if agreed to by the City • Provide information to the City to post on the City’s website Post Construction Services 1. Contract closeout services will include the administration of the transfer of the project to the City, coordination of warranty activities and demobilization of the Contractor and CM Staff. 2. At the completion of the project, we will perform inspections of the work to determine if any work is incomplete. We will prepare a punch list of the incomplete work and provide to the Contractor and City. We will perform subsequent inspections to confirm that incomplete work has been completed satisfactorily. 3. We will obtain lien waivers, bonds, warranties, and other documents required by the Contract Documents from the Contractor. 4. We will prepare a final certificate of substantial completion and recommendation to the City for final acceptance of the project. 5. At the completion of the project, we will turn over all documents including final redline as-built drawings. We will coordinate the completion of final as-built drawings through the design engineer. A final project report will be prepared summarizing the project and performance of the contractor. 6. After completion of the project, we will coordinate the warranty repair procedures including a date of warranty expiration. We will monitor warranty problems and assist the City with warranty repair management until the final certificate of completion is filed. Task Task Information Const. Manager/PE Project Mang Construction Inspector II - OT Construction Inspector II Admin. Assistant Direct Costs Total Hours Total Costs Remarks $220 $220 $165 $135 $75 1 Project/Construction Management 300 60 16 376 $80,400 CM at approx. 2 +hr/day for 8 months 2 Daily Field Inspection & Documentation 24 900 24 948 $123,300 1 inspector for 8 months - 4 to 8 hrs/day Inspector Vehicle $6,000 $6,000 Vehicle costs at $50/day for 120 days Reimbursible Expenses (photos, copies, etc.)$0 Total Hours 300 60 24 900 40 - $66,000 $13,200 $3,960 $121,500 $3,000 $6,000 TOTAL NOT-TO-EXCEED COST WORK ESTIMATE Project Total $213,660.00 Construction Management and Inspection Services for Sunrise Park Athletic FieldCITY OF ROHNERT PARK - November 2018 G:\Proposals\Proposals 2011-2018\P2018\113 - Rohnert Park\Sunrise Park\Fee 110118 11/2/2018 ITEM NO. 6C4 1 Meeting Date: January 8, 2019 Department: Development Services Submitted By: Eydie Tacata, Management Analyst Prepared By: Eydie Tacata, Management Analyst Agenda Title: Authorizing Submittal of Funding Application for FY 2019-2020 Community Development Block Grant for Central Rohnert Park Bicycle/Pedestrian Path Improvements RECOMMENDED ACTION: Adopt resolution authorizing submittal of funding application for FY 2019-2020 Community Development Block Grant for Central Rohnert Park Bicycle/Pedestrian Path Improvements. 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. A Notice of Funding Availability for FY 2019-20 CDBG Funding for Capital Projects was issued on November 15, 2018. City staff identified the Central Rohnert Park Bicycle/Pedestrian Path Improvements as a competitive project for grant funding from this source. The project not only meets several of the FY 2019-2020 Urgent Community Needs developed by the Sonoma County CDC Technical Advisory Committee as criteria for award recommendation, but also fits with the City’s priorities, including the rehabilitation of neighborhood assets, especially pedestrian paths, and investing in the development of Downtown Rohnert Park. One grant requirement is a resolution from a proposing entity’s governing body authorizing the submittal of a CDBG funding application. Staff seeks City Council approval of the attached Resolution authorizing staff to submit a grant application for $538,000 for the Central Rohnert Park Bicycle/Pedestrian Path Improvements (“Project”). The grant application is due on January 11, 2019 for consideration of a funding recommendation by the Sonoma County CDC. DISCUSSION: The Project will rehabilitate bicycle/pedestrian paths in the Central Rohnert Park area at the following locations: • Two paths that connect Enterprise Drive to the north side segment of the Copeland Creek Path between Commerce Boulevard and Seed Farm Drive Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6C4 2 • Two paths that connect Santa Alicia Drive with the south side segment of Copeland Creek Path between Avram Avenue and Seed Farm Drive • One path segment along the south side of Hinebaugh Creek adjacent to The Arbors affordable multi-family project and State Farm Drive • One path segment along the south side of Hinebaugh Creek adjacent to the Centreville mixed-use project and various commercial uses, between State Farm Drive and Commerce Boulevard The proposed improvements will include replacement of the failed asphalt path with reinforced concrete to meet current City construction standards; lighting and landscape rehabilitation; and addition of wayfinding signage. The total project cost estimate is $758,400 for design, engineering, environmental clearance, project administration, construction, inspection, and construction management. The CDBG grant request of $538,000 is to fund the environmental clearance and construction phase of the project. The Project will “improve access to important community assets in low-income communities,” which is one of the specific “FY 2019-2020 Urgent Community Needs” developed by the Sonoma County CDC Technical Advisory Committee to recommend projects for award. The neighborhood served by these paths is characterized by a greater concentration of lower-income households compared to the rest of Rohnert Park, having a median household income of $36,4291, which is 58% of the Rohnert Park median household income of $62,769. The neighborhood also has a significant concentration of older seniors, with 35% of households having 1 or more persons 65 years or older2, compared with 22% overall in the city. The Project will improve access to services, shopping, transit and jobs for residents of this neighborhood by eliminating hazardous path surface conditions, improving real and perceived personal safety with adequate lighting and appropriate landscaping, and providing clear wayfinding signage to desired destinations. By providing good infrastructure through the proposed path rehabilitation project, low-cost transportation choices such as walking and biking will be encouraged. The Project will also “leverage public funds,” which is another FY 2019-2020 Urgent Community Needs evaluation criterion. The Project will be part of the multi-year Pathway Rehabilitation Project (Project No. 2017-22), which was approved in the FY 2018-19 Capital Improvement Plan Budget with $1.3 million in funding from the Infrastructure Reserve Fund, Neighborhood Upgrade Fund and Gas Tax Fund, and which will start an initial phase of bid and construction in 2019. The four connector paths between Copeland Creek, Enterprise Drive and Santa Alicia Drive proposed in this project will be designed with $65,000 in grant funding already received by the City from the Metropolitan Transportation Commission. CDBG funds would leverage the City and MTC funding so that these projects could be delivered quickly and meet timeliness requirements for spending the CDBG funds. Obtaining a resolution from the City Council authorizing the submittal of a grant application is a requirement of the CDBG funding application. This City Council authorization does not constitute an obligation to proceed with or construct the project should grant funding not be obtained or be awarded a sufficient amount to make the project feasible. Staff recommends that the City Council approve the resolution authorizing the Central Rohnert Park Bicycle/Pedestrian Path Improvements for a FY 2019-2020 Community Development Block Grant funding application. Upon approval of the resolution, a funding application will be completed and submitted by the deadline of January 11, 2019. ITEM NO. 6C4 3 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 other potential projects for CDBG grant funding to attempt to meet FY 2019-2020 Urgent Community Needs related to the critical housing shortage. The potential projects included working with the Housing Land Trust to establish a fund to assist in closing costs for affordable housing acquisition and purchase, or an emergency fund for owners of affordable housing units. City staff discussed these project ideas with Sonoma County CDC staff, who encouraged the concepts for the development of the next Five-Year Consolidated Plan update as well as the next CDBG funding cycle. However, they also conceded that for the FY 2019-2020 CDBG funding cycle, the unknown timeline for spending the funds (i.e. when the closing costs funds or emergency funds would be tapped) could be in conflict with the required 5-year spending requirement of the CDBG funds. Staff is recommending the Central Rohnert Park Bicycle/Pedestrian Path Improvements project for this CDBG funding request as there is already an approved CIP project to access City funding as well as non-City grant funding for design of the facility, and the Project specifically improves infrastructure serving a neighborhood characterized by lower income-level households and a CDBG target sub-population (i.e. seniors), whom CDBG funds are meant to benefit. FISCAL IMPACT / FUNDING SOURCES: There is no direct fiscal impact associated with authorizing the submittal of a CDBG grant application. If the CDBG funding request is awarded either fully or partially, the project budget will be increased at a later date to reflect the new project budget amount and necessary funding appropriations. _______________ 1. 2015-2018 American Community Survey 5-Year Estimates, Table B11007, U.S. Census Bureau 2. 2015-2018 American Community Survey 5-Year Estimates, Table B19013, U.S. Census Bureau Department Head Approval Date: 12/21/18 City Attorney Approval Date: N/A Finance Director Approval Date: N/A City Manager Approval Date: 12/28/18 Attachments (list in packet assembly order): 1. Resolution Authorizing Submittal of Funding Application for FY 2019-2020 Community Development Block Grant for Central Rohnert Park Bicycle/Pedestrian Path Improvements 2. Exhibit A to Resolution RESOLUTION NO. 2019-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING SUBMITTAL OF FUNDING APPLICATION FOR FY 2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT FOR CENTRAL ROHNERT PARK BICYCLE/PEDESTRIAN PATH IMPROVEMENTS 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 Bicycle/Pedestrian Improvements Project (“Project”), as an eligible project for an application of FY 2019-2020 CDBG Capital Projects Funding; and WHEREAS, City staff has prepared a grant application for the Fiscal Year 2019-2020 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 authorize staff to submit a funding application for FY 2019-2020 Community Development Block Grant for the Central Rohnert Park Bicycle/Pedestrian Path Improvements project. 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 2019-004 DULY AND REGULARLY ADOPTED this 8th day of January, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )  SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FUNDING APPLICATION: CDBG FOR CAPITAL PROJECTS Please review the Notice of Funding Availability (NOFA), Application Guidelines, and the FY 2019-2020 CDBG & HOME for Capital Projects 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. Application Checklist Review the application prior to submission to ensure that the following requirements are met. Applications that do NOT include the following required elements will be considered incomplete: ܆ Part 1: Applicant Information ܆ Part 2: Project Description ܆ Part 3: Program/Project Information ܆ Part 4:Timeline ܆ Part 5: Sources and Uses ܆ Supplemental Application: Public Facilities or Other Infrastructure (CDBG only) ܆ Supplemental Application: Housing-Related Projects (CDBG & HOME) Part 6: Certifications ܆ Grant Certification Form – 1 (Application Completeness & Accuracy & Signatory Authority) ܆ Grant Certification Form – 2 (Federal Regulations) ܆ Grant Certification Form – 3 (Conflict of Interest) ܆ Grant Certification Form – 4 (Policies and Procedures) Part 7: Attachments Organizational Information Required …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. …Community Based Development Organization (CBDO) Verification: For CBDOs applying for CDBG construction funds, submit a Sonoma County CBDO letter or plan to become an independent, fully functioning CBDO entity. …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. Project Information 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. Exhibit A FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 2 of 29 …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. For local government entities, attach a resolution from the governing body authorizing the submittal of the application. …City/Town Letter of Acknowledgement: For those projects located within one of the seven incorporated jurisdictions, attach a letter from city/town staff acknowledging that that staff is aware that the organization is submitting the application. If city/town staff supports the project or has collaborated with the developer, please provide this information. …General Plan Consistency: Attach a certification of consistency with the applicable jurisdiction’s General Plan. …Letters of Commitment: Submit letters of commitment from all other funding sources. …Quarterly Performance Report: If the organization is requesting funds for an on-going program or project, attach a copy of the most recent quarterly report submitted to the Commission showing activity and levels of participation for the most recent reporting period. …Capacity Gap Analysis: If an applicant does not have sufficient capacity to complete the proposed project, it should submit an analysis of its gap and work with the Community Development Commission prior to application submittal to determine if the Commission can assist with project management services. (if applicable) …Homelessness-Related Projects Threshold Criteria Checklist - see attached (if applicable) Housing Project Attachments Required Housing-related project sponsors must submit the following as attachments to their applications: …Housing project description: Provide a written narrative to describe your project. At a minimum, the narrative should include a description of the type of housing proposed, target population(s), any planned services for residents, the proposed use(s) of the requested funding, and anticipated environmental issues (i.e., vernal pools, heritage trees, riparian corridor, contamination, flood plain, endangered species, historical and archeological impacts). Please state whether you propose that an entity other than the applicant will execute the loan documents for the funds requested in this application. If the project will use a tax credit limited partnership to finance the project, please describe the organizational structure of the partnership and the roles of various partners or other related organizations. …Current preliminary title report …Evidence of site control …Current appraisal: Appraised value of property must fully secure the Commission’s loan(s). In addition, the total purchase price may not exceed the “reasonable cost” for the property. …Environmental clearances/reports …Site plan and elevations or schematic drawing …Contractor’s cost breakdown …List of tenant-paid utilities …Itemized development budget: including a sources and uses table, identifying distributions to the owner, developer, partners or other entities during the development phase …Project Financial Plan: Narrative description of the development’s financial plan, indicating expected dates for obtaining approvals for any uncommitted financing …Rental projects: A 30-year operating budget and cash flow projection that shows estimated project income, operating expenses, reserves, debt service, and distributions. Please include a “totals” column after year 30. FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 3 of 29 Part 1: Applicant Information Legal name of organization: Provide any other names under which the organization has operated within the last 10 years: Organization’s mailing address: Organization’s website: Organization’s DUNS number: See Application Guidelines – Exhibit 5 for instructions on obtaining a DUNS number. Contact Information Authorized Representative (City/Town Manager, Executive Director, or other): Name, title: Phone: Email: Primary point of contact: (Program or Project Manager) Name, title: Phone: Email: Organization is a: ܆Non-profit organization ܆For-profit organization ܆Local government ܆Community Based Development Organization (CBDO) Is the applicant a faith-based organization? ܆Yes – If yes, complete questions below. ܆No Describe how the organization will not discriminate against, show preferential treatment to, or limit services to any employee, applicant for employment, or persons served by the HUD funded program on the basis of religion or religious beliefs. Describe how the organization will separate the program from inherently religious activities, such as worship, religious instruction, and/or proselytization. n/a n/a City of Rohnert Park 130 Avram Avenue, Rohnert Park 021773106 www.rpcity.org Darrin Jenkins, City Manager (707) 588-2243 djenkins@rpcity.org Eydie Tacata, Management Analyst (707) 588-2205 etacata@rpcity.org FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 4 of 29 Organizational Background Total number of years in operation: Current number of full time employees (or equivalent) in organization by (Do not include volunteers): List the types of services the organization provides: List the clients/population(s) the organization serves: List the organization’s service area(s): List the purpose/mission of the organization as stated in its by-laws or other organizational document: Financial Information Provide the organization’s total annual operating budget: Provide the average amount of cash flow reserves maintained by the organization for the most recent fiscal year: Identify the individual primarily responsible for the fiscal oversight of grant awards for the organization and the individual’s experience with federal funds. Describe how the organization’s internal controls adequately safeguard grant funds, personally identifiable information, and ensure the grant funds are used solely for authorized purposes: List the accounting software or system in use by the organization: Organizations expending more than $750,000 total of Federal funds during the last completed fiscal year are required to submit the most recent Single or Program- specific audit. Organizations not required to conduct a Single Audit, must submit audited financial statements, prepared by a Certified Public Accountant, that meet the requirements of generally accepted accounting principles. Indicate which document(s) the organization is required to attach: ܆Single Audit ܆Audited Financial Statements Does organization currently have open findings or audit concerns? ܆Yes ܆No If yes, provide explanation of outstanding issues: Policies and Procedures Organizations are required to have written policies and procedures. The applicant must submit certification that they have the following policies and procedures. (Please complete the form found in Part 6 – Certifications) A. Accounting B. Conflict of Interest C. Procurement D. Record Retention 56 234 Municipal services Rohnert Park City Limits General public The City of Rohnert Park is a General Law City. $39,676,435 Springbrook v.7 FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 5 of 29 Part 2: Project Description Brief Description of Project or Program The description provided here will be incorporated into the staff analysis provided to the Community Development Committee, Technical Advisory Committee, and/or the Board of Supervisors and in the Action Plan submitted to HUD if the project is approved. Descriptions MUST BE 150 words or less. A longer project description may be attached (see Part 7 - Attachments). Part 3: Project Information Project Name Project Type Using Appendix A of the FY 2019-2020 CDBG & HOME for Capital Projects Funding Policies, fill in the fields below. Consolidated Plan Goal Met: ܆To promote the well-being and economic integration of lower income persons, increase and preserve the housing stock that is affordable, safe, and accessible for extremely low-, very low- and low-income families and individuals, including those with special needs and those who are homeless or at imminent risk of homelessness. ܆Promote effective and proven strategies for homelessness prevention and intervention county-wide. ܆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. CDBG eligible activity(ies): See Appendix A of the Funding Policies for a list of eligible activities. National Objective: To be eligible for funding, the program/project must meet one of the National Objectives. Select the CDBG National Objective the program/project will address. Applicants will be required to submit documentation evidencing the qualifications listed. ܆Area Benefit:An activity available to all persons in a neighborhood or community regardless of income. However, the area where the activity is located must qualify as primarily residential and an area where at least 51% of the residents are L/M income individuals (per the latest Census data). (Applicant must provide records of the boundaries of the service area, Central Rohnert Park Bicycle/Pedestrian Path Improvements The City of Rohnert Park seeks $538,000 in CDBG funding for environmental documentation, construction, and construction engineering (i.e. inspection and project management) of the Central Rohnert Park Bicycle/Pedestrian Path Improvements which has a total project cost of $758,400. The project is anticipated to complete environmental review in August 2019, start construction in February 2020, and be completed in June 2020. The project will rehabilitate deteriorated paths, replace or install lighting and landscaping, and install wayfinding signage or in-pavement treatments. The project will improve active transportation infrastructure and access to jobs and services in a neighborhood characterized by lower-income households and special populations (e.g. seniors) for whom low-cost transportation options are vital to affordable living. FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 6 of 29 documentation that the area is primarily residential, and the income characteristics of households in the service area.) տտ Limited Clientele Benefit: An activity which benefits a limited clientele at least 51 percent of whom are low and moderate income persons. Please select one of the following subcategories the proposed activity meets. տ Project/activity maintains client records on income and family size documenting that such persons qualify as low or moderate (L/M) income (e.g. income eligibility form). տ Project/activity has income eligibility requirements that limit the activity exclusively to L/M income persons (e.g. policy, income eligibility form or intake form) տ Project/activity is of such a nature and location that it may be concluded the clientele are primarily L/M income persons (e.g. a day care center that is designed to serve residents of a public housing complex). տ Project/activity clientele are presumed (by HUD) to be principally L/M income persons (i.e. abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census’ Current Population Reports definition of “severely disabled”, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers). ܆Housing: An activity is undertaken for the purpose of providing or improving permanent residential structures which, upon completion will be occupied by L/M households. տ Jobs: An activity designed to create or retain permanent jobs (computed on a full-time equivalent basis) at least 51% of which will be made available to, or held by, L/M households. ܆Spot Blight: A program/project that is designed to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a slum or blighted area; AND limited to one of the following: 1) Acquisition; 2) Clearance; 3) Relocation; 4) Historic Preservation; or 5) Rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental to public health and safety. Note: Housing that will be occupied by a L/M income household following rehabilitation should qualify under the L/M Income Housing category. ܆Slum / Blight on an Area Basis: A program/project that is designed to aid in the prevention or elimination of slums or blight in a designated area and the assisted activity addresses one or more of the conditions that contributed to the deterioration of the area. FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 7 of 29 Affirmatively Furthering Fair Housing In planning for the use of CDBG and HOME, the County of Sonoma must adhere to the mandate in the Fair Housing Act to Affirmatively Further Fair Housing. This means that not only must all HUD funded programs and activities combat discrimination, but they must also overcome patterns of segregation and the denial of access to opportunity that are part of national and local history. The ways in which a project or program can do this meaningfully are listed below, and to be considered for funding, all applicant projects must overcome patterns of segregation in one or more of the ways listed. In which of the following ways does the proposed project overcome patterns of segregation and the denial of access to opportunity (check all that apply)? Please provide an explanation of how the project does this. տ It makes an investment in a segregated and high poverty neighborhood to improve conditions and eliminate disparities in access to opportunity between residents of this neighborhood and the rest of the jurisdiction and region. Explain: տ It maintains and preserves existing affordable rental housing stock to reduce disproportionate housing needs. Explain: տ It provides affordable housing in an area(s) of opportunity to combat segregation and promote integration. Explain: տ It provides mixed income housing designed to integrate racially and ethnically concentrated areas of poverty. Explain: տ It increases access for individuals with protected characteristics to existing affordable housing in higher opportunity areas. Explain: in the neighborhood, improving residents' access to services and jobs with direct connections to the greater transportation network, including regional transit such as SMART, Sonoma County Transit and Golden Gate Transit. The project significantly improves transportation infrastructure FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 8 of 29 Homelessness-related projects only Any applicant project proposing to serve people experiencing homelessness must include a Homelessness-related Project Threshold Criteria Checklist signed off by the Homeless Services team prior to application submittal. 6HH3DUW7 – Attachments for Checklist Form) Funding Request Estimated project budget: $ Amount of funding request: $ Funding source: ܆CDBG ܆Other: Does the applicant anticipate applying for any of ܆FY 2019-20 HOME ܆CDBG-DR ܆HEAP ܆NPLH ܆CFH these local funding sources? This information helps 2019 Round ܆City of Santa Rosa Trust Fundto coordinate the various streams of capital project funding administered by the Commission ܆Project-Based Vouchers, Type & Source: __________________________________________ ܆Other:___________________________________ 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: See Application Guidelines – Exhibit 5 for instructions about looking up 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? 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. n/a Hinebaugh Creek Path between SMART track and Commerce Boulevard 2 connector paths between Copeland Creek (north side) and Enterprise Drive, and 2 connector paths between Copeland Creek (south side) and Santa Alicia Drive 1503.05 No local approvals or entitlements are needed for this proposed City capital improvement project, other than budget approval by the City Council. n/a 758,400 538,000 ■ 06097C0877E 06097C0879E Rohnert Park City of Rohnert Park 1.05 acres Bicycle/pedestrian paths Maintenance easements FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 9 of 29 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. Status of environmental review: Is site zoned appropriately for the proposed activity? ܆Yes ܆No If no, please provide a detailed explanation. Status of land use, building permits, or other approvals: Does the project require land use approvals? ܆Yes ܆No If yes, please provide a detailed explanation. Explain any land use (zoning, lot split, set back, general plan amendment or environmental) constraints that must be resolved prior to proceeding with the project: Status of Eminent Domain and 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(s)? ܆Yes ܆No If yes, please explain the status and timeline of any demoOLtion activity. Will the project involve eminent domain? ܆Yes ܆No Will the project involve relocation of any persons or businesses? ܆Yes ܆No If yes, has the project’s relocation plan been approved by the local governing body? ܆Yes ܆No If yes, please explain the status and attach a copy of the relocation plan including relocation consultant contact information, timeline and budget for the activity Existing Improvements EXISTING COMMERCIAL IMPROVEMENTS Number of structures Year built Number of vacant structures Number of occupied structures Number of structures to be demolished Environmental documentation has not been conducted yet for this project. However, it is expected that a Categorical Exclusion will be sought for it. It is not anticipated that any land use or building permits will be needed for this project. It is possible that an encroachment permit may be required from the Sonoma County Water Agency (SCWA) for construction access through an adjacent SCWA-owned property. This will be determined at a later stage in the project design. No land use constraints are anticipated at this time. n/a n/a n/a n/a n/a FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 10 of 29 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 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). n/a n/a n/a n/a n/a n/a Yes. If the project receives partial funding, the project can be scaled to remove some segments of path rehabilitation, lighting installation / replacement, landscaping rehabilitation, or wayfinding installation from the planned construction project. The remaining improvements can be implemented at a later date as additional funding is secured. The Central Rohnert Park Bicycle/Pedestrian Path Improvements project will rehabilitate connector paths north and south of the Copeland Creek Path as well as segments of the Hinebaugh Creek Path located adjacent to affordable as well as market-rate housing. The project will greatly improve the pavement conditions on these paths, which directly connect residents to transit, shopping, services and schools throughout Rohnert Park. The City regularly receives requests from neighborhood residents and attendees of the Rohnert Park Bicycle and Pedestrian Advisory Committee to fix the most deteriorated path segments, especially the Copeland Creek Bike Path connectors. They cite pavement problems such as extensive rutting, drainage problems and trip-and-fall hazards caused by tree roots and soil expansion. Staff have evaluated the bike path conditions and confirm that the pavement has deteriorated such that repairs such as crack sealing, patching and even maintenance overlays will have little to no benefit, and reconstruction is necessary. (See Attachment A: Project Description.) The project will also include renovation of the path lighting and landscaping, and installation of wayfinding signage and emergency call boxes to address the perceptions of compromised personal safety on these paths. n/a FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 11 of 29 Outcomes Provide information regarding the program/project outcomes as they relate to the main objective or purpose. (Example: Program/Project objective is to improve academic success of children in grades K-8. An outcome might be that 80% of these children will advance to the next grade.) Part 4: Timeline Please refer to the most recent CDBG & HOME for Capital Projects Funding Policies, Section 7.1. - Timeliness for timeliness provisions. 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 Construction Begins Construction Complete Notice of Completion The project objective is the rehabilitation and enhancement of path segments in the Central Rohnert Park area to provide adequate alternative transportation facilities to residents of the adjacent neighborhoods. A desired outcome from the improved paths is increased path usage, especially by neighborhood residents. Such an outcome can be measured with before- and after-project automated or manual counts. Focused neighborhood surveys could also be conducted to gauge whether the path project encouraged use of these access paths. September 2019 September 2019 n/an/a October 2019 November 2019 December 2019 January 2020 February 2020 March 2020 June 2020 July 2020 July 2020 August 2020 FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 12 of 29 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 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): 1503.05 Block Groups 1, 2 and 4. (Note: The paths included in the project serve the general population, however the primary users will tend to be residents in the immediate surrounding neighborhoods in these Census block groups.) City of Rohnert Park 00 155,4000 155,400 MTC Grant 0065,000 0 65,000 CDBG 00538,000 0 538,000 603,000 155,400 758,400 00000 008,000 0 8,000 00000 0065,000 7,000 72,000 00000 00530,000 106,000 636,000 00026,500 26,500 00015,900 15,900 603,000 155,400 758,400 n/a n/a n/a FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 18 of 29 Part 6: Certifications ܆ Grant Certification Form – 1 (Application Completeness & Accuracy & Signatory Authority) ܆ Grant Certification Form – 2 (Federal Regulations) ܆ Grant Certification Form – 3 (Conflict of Interest) ܆ Grant Certification Form – 4 (Policies and Procedures) FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 19 of 29 Grant Certification Form – 1 Application Completeness & Accuracy & Signatory Authority I hereby certify that ______________________________(insert name of organization requesting funds)has complied with all applicable laws and regulations pertaining to the application and is an eligible applicant for the requested funding. The organization proposes to provide the program services or complete the project identified in this application. If this application is approved and this organization receives the requested funding this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the Commission. In addition, the content of the application shall be incorporated as part of the written agreement and, as such, will be used to monitor performance. Activities, commitments and representations described in the written agreement that are not subsequently made a part of the program/project as funded, shall be considered a material contract failure, and may result in a repayment of all awarded funds and/or suspension from participation in future funding rounds. I hereby certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that the information provided in this FY 19-20 Capital Projects Funding Application is correct, accurate, and complete. _________________________________________________________________Date:________________________ Signature of Authorized Representative of Organization Printed Name: ____________________________________________7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 20 of 29 Grant Certification Form – 2 Federal Regulations – CDBG Requirements Federal Regulations Other References Federal Labor Standards 24 CFR 92.354 40 U.S.C. 3141; 40 U.S.C. 3701 - Davis-Bacon - Copeland Act (Anti-kickback) - Contract Work Hours and Safety Standards 29 CFR Parts 1, 3, and 5 Section 3 24 CFR 135 Section 3 of the HUD Act of 1968, as amended (12 U.S.C. 1701u); 2 CFR 200.321 Minority and Women Business Enterprise Participation (MBE/WBE) Small Business Act, Section 3(a) 15 U.S.C. 632 12 U.S.C. 1701 Civil Rights and Non- Title VI of Civil Rights Act Section 504 of Rehabilitation Discrimination of 1964 Title VIII of the Civil Rights Act of 1968 Section 104(b) and 109 of Title I of the Housing and Community Development Act of 1974 Act of 1973 Americans w/Disabilities Act of 1990 Age Discrimination Act of 1975 Executive Orders 11063, 11246, 11375, 11478, 12107, 12086, and 13279 Equal Employment Opportunity 24 CFR 570.601-602; 570.607 41 CFR 60 Executive Orders 11246; 12086 12 USC 1701u Fair Housing Fair Housing Act (42 U.S.C. 3601-3620) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d) Equal Opportunity in Housing Section 504 of the Rehabilitation Act of 1973 Americans w/Disabilities Act of 1990 24 CFR Parts 8, 107, and 146 42 U.S.C. 200(d) Executive Orders 11063, as amended by Executive Order 12259 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101) Debarred or Ineligible Contractors 24 CFR 570.609; 24 CFR 24 Executive Orders 12549 and 12689 FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 21 of 29 Reasonable Accommodation 24 CFR Part 8; Section 504 of Rehabilitation 24 CFR 570.601- Act of 1973 602 Americans w/Disabilities Act of 1990 Fire Safety Codes Local ordinances Building, Housing, and Zoning Codes Housing Quality Standards 24 CFR 570.208(b)(1)(iv); 208(b)(2) Local ordinances Lead-Based Paint 24 CFR 570.608; 24 CFR Part 35 42 U.S.C 4821 et seq. Anti-Lobbying Appendix II to Part 200 J; 31 U.S.C. 1352 Environmental, Historic Preservation, National Environmental Policy Act, Flood Insurance Requirements - Sitting near airports and coastal barrier - Fish and wildlife protection - Flood plain/flood insurance - National Historic Preservation - Noise abatement and control - Wetlands/Coastal zones - Air quality - Endangered species - Thermal/Explosive hazards 24 CFR 570.503(b)(5)(i); 570.604; 570.605; 570.202; 24 CFR 58 References at: 24 CFR 58.6; 58.5570.605 Section 104(g), HCDA 42 U.S.C 4001 et seq. Relocation, Real Property 24 CFR 570.201(i); Sections 104(d); 105(a)(11), Acquisitions, and One-for-One 570.606(b), (c), (d) HCDA Housing Replacement 49 CFR 24 www.hud.gov/relocation - Uniform Relocation Act - Residential anti-displacement and relocation assistance 42 USC 4601 et seq Competitive Procurement 2 CFR 200.319 Insurance and Bonding 2 CFR 200.310 and 200.325 Administrative and Accounting Standards 2 CFR Part 200 FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 22 of 29 Cost Considerations 2 CFR 200.402, 403, 404, 405, 406 and 407 Documentation and Recordkeeping 24 CFR 570.506 24 CFR 570.502 Conflict of Interest 2 CFR 200.112 and 24 CFR 570.611 Section 108 Loan Guarantees 24 CFR 570.700-570.709 Section 108, HCDA To the best of my knowledge and belief, I certify that all data contained in this application and all supportive documentation is true, correct and will incorporate the above requirements. This submission has been duly authorized by the governing body of BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. ________________________________________________ Date_____________ Signature/Authorized Representative of Organization Printed Name:________________________________________ Title:____________________________________ FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 23 of 29 Grant Certification Form – 3 Conflict of Interest -CDBG The standards in 2 CFR 200.318 provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or subrecipient that are receiving CDBG funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. A. Are any employees, agents, consultants, officers, family members, or elected officials of the organization requesting funds in a position to participate in the decision making process for approval of this application? տYes տNo B. Are any employees, agents, consultants, officers, family members, or elected officials of the organization requesting funds in a position to gain inside information with regard to approval of this application? տYes տNo C. Will any employees, agents, consultants, officers, family members, or elected officials of the organization requesting funds obtain a financial interest or substantial benefit from this activity? ܈Yes տNo D. Will any employees, agents, consultants, officers, family members, or elected officials of the organization requesting funds have an interest in any contract, subcontract or agreement with respect to funding this application, either for themselves or those with whom they have family or business ties during the program year and one year thereafter? տYes տNo If you answered YES to any of the above questions, a letter must be submitted with the application that includes the following information: 1) A disclosure of the nature and extent of the conflict 2) A description of how public disclosure will be made 3) A qualified attorney's opinion that the conflict of interest does not violate federal, state, or local law Note:If you are approved for funding, the Commission must issue a public notice of the disclosure with a 15-day public comment period, and then submit to HUD for approval prior to execution of a grant agreement or release of funds. ____________________________________________________________ Date_______ Signature/Authorized Representative of Organization Printed Name: ___________________________7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 24 of 29 Grant Certification Form – 4 Policies & Procedures The undersigned does hereby certify that the applicant organization has the following policies and/or procedures and can produce them if requested by the Commission: 1. Accounting policy/procedure 2. Procurement policy/procedure 3. Conflict of Interest policy/procedure 4. Record Retention policy/procedure _______________________BBBB_____________________________________Date_________ Signature/Authorized Representative of Organization Printed Name: ___________________________7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBB FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 25 of 29 Part 7: Attachments Required Project sponsors must submit the following documents, as applicable, with their funding application: Organizational Information Required …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. …Community Based Development Organization (CBDO) Verification: For CBDOs applying for CDBG construction funds, submit a Sonoma County CBDO letter or plan to become an independent, fully functioning CBDO entity. …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. Project Information 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. For local government entities, attach a resolution from the governing body authorizing the submittal of the application. …City/Town Letter of Acknowledgement:For those projects located within one of the seven incorporated jurisdictions, attach a letter from city/town staff acknowledging that that staff is aware that the organization is submitting the application. If city/town staff supports the project or has collaborated with the developer, please provide this information. …General Plan Consistency: Attach a certification of consistency with the applicable jurisdiction’s General Plan. …Letters of Commitment: Submit letters of commitment from all other funding sources. …Quarterly Performance Report: If the organization is requesting funds for an on-going program or project, attach a copy of the most recent quarterly report submitted to the Commission showing activity and levels of participation for the most recent reporting period. …Capacity Gap Analysis: If an applicant does not have sufficient capacity to complete the proposed project, it should submit an analysis of its gap and work with the Community Development Commission prior to application submittal to determine if the Commission can assist with project management services. (if applicable) …Homelessness-Related Projects Threshold Criteria Checklist - see attached (if applicable) Continued on next page FY 2019-2020 CDBG & HOME for Capital Projects CDBG Application Page 26 of 29 Housing Project Attachments Required Housing-related project sponsors must submit the following as attachments to their applications: …Housing project description: Provide a written narrative to describe your project. At a minimum, the narrative should include a description of the type of housing proposed, target population(s), any planned services for residents, the proposed use(s) of the requested funding, and anticipated environmental issues (i.e., vernal pools, heritage trees, riparian corridor, contamination, flood plain, endangered species, historical and archeological impacts). Please state whether you propose that an entity other than the applicant will execute the loan documents for the funds requested in this application. If the project will use a tax credit limited partnership to finance the project, please describe the organizational structure of the partnership and the roles of various partners or other related organizations. …Current preliminary title report …Evidence of site control …Current appraisal: Appraised value of property must fully secure the Commission’s loan(s). In addition, the total purchase price may not exceed the “reasonable cost” for the property. …Environmental clearances/reports …Site plan and elevations or schematic drawing …Contractor’s cost breakdown …List of tenant-paid utilities …Itemized development budget: including a sources and uses table, identifying distributions to the owner, developer, partners or other entities during the development phase …Project Financial Plan: Narrative description of the development’s financial plan, indicating expected dates for obtaining approvals for any uncommitted financing …Rental projects: A 30-year operating budget and cash flow projection that shows estimated project income, operating expenses, reserves, debt service, and distributions. Please include a “totals” column after year 30. City of Rohnert Park  FY 2019‐2020 CDBG/HOME Capital Projects Funding Application  Supporting Documents    Part 6 – Attachments Required:  Project Location Map     Ce n t r a l R o h n e r t P a r k B i c y c l e / P e d e s t r i a n P a t h I m p r o v e m e n t s Pr o j e c t s e g m e n t s i n r e l a t i o n t o s u r r o u n d i n g c o m m u n i t y Ro h n e r t P a r k Ro h n e r t P a r k E x p r e s s w a y H I G H - W A Y 1 0 1 C o m m e r c e B l v d Sa n t a A l i c i a D r i v e A F B B B B C C C D E I F J E F A G H Co p e l a n d C r e e k a n d C o p e l a n d C r e e k P a t h Hi n e b a u g h C r e e k En t e r p r i s e D r i v e Af f o r d a b l e m u l t i - f a m i l y h o u s i n g Tr a n s i t s t o p s Ne i g h b o r h o o d s h o p p i n g & s e r v i c e s Ro h n e r t P a r k S e n i o r C e n t e r Se n i o r h o u s i n g A B C D E Mu n i c i p a l s e r v i c e s Al i c i a P a r k Jo h n R e e d E l e m e n t a r y S c h o o l Fu t u r e d o w n t o w n SM A R T S t a t i o n F G H I J MA P L E G E N D : P r o j e c t S e g m e n t s a n d N e i g h b o r h o o d A s s e t s Pr o j e c t S e g m e n t s City of Rohnert Park  FY 2019‐2020 CDBG/HOME Capital Projects Funding Application  Supporting Documents    Part 6 – Attachments Required:  City Authorizing Resolution  (Rohnert Park City Council   Resolution No. 2019‐4,  forthcoming after January 8, 2019 meeting)     City of Rohnert Park  FY 2019‐2020 CDBG/HOME Capital Projects Funding Application  Supporting Documents    Part 6 – Attachments Required:  General Plan Consistency   (Rohnert Park Planning Commission   Resolution No. 2019‐___,   forthcoming after January 10, 2019 meeting)  ITEM NO. 6C5 1 Meeting Date: January 8, 2019 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Jay Bradford, Building Official Agenda Title: Approving a Master Agreement for Consultant Services and Two Task Orders with 4LEAF, Inc. for Project Specific and General Building Division Services and Related Actions RECOMMENDED ACTION: Approve a Resolution authorizing a Master Agreement for Consultant Services, Task Order 2019-01 for $450,000, and Task Order 2019-02 for $500,000 with 4LEAF, Inc. for Project Specific and General Building Division Services and related actions. BACKGROUND: In November 2018, the City Council approved the Station Avenue Project, a major redevelopment of the former State Farm campus including: • 140,000 square feet of retail uses and 130,000 square feet office uses housed in eight buildings; • 460 residential units, housed in 7 buildings; • a 156 room hotel, and • a 3 story parking garage to support the proposed retail, office, and hotel. The developer is proposing to open the retail and office components of the project (including the parking garage) in late 2020, which will require a level of building plan check and inspection service that City staff cannot currently provide. In addition to this high profile project, Development Services has a general need for additional plan check and inspection services to meet the ongoing demands of other development in the City including active construction in the University District and Southeast Specific Plan Areas and the Stadium Lands Planned Development. ANALYSIS: To bridge this gap in service and in accordance with section 3.6(D) of City’s Purchasing Policy, staff issued a Request for Proposals (RFP) at the end of November 2018. The RFP process allows the City to identify qualified consultants and make selections based on quality and cost effectiveness. Staff received five proposals and based on initial screening, interviewed three firms, each of whom demonstrated the depth of experience and team qualifications to undertake the work. Through the proposal review and interview process, it was evident that 4LEAF Inc. had both the staffing resources and the large project experience necessary to meet the needs of the Station Avenue Project, as well as the Building Division’s general needs for support. This commitment to the City was evident when, during the final round of negotiations, 4LEAF informed the City that it had hired an additional 20+ staff members within Sonoma County. This level of local Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6C5 2 staffing ensures 4LEAF’s ability to be responsive to a wide range of project needs. None of the other responding firms has the same level of local staffing commitment that can be provided by 4LEAF. Staff is proposing to retain 4LEAF under the City’s standard Master Services Agreement and to issue two Task Orders to the firm. The first Task Order (Task Order 2019-01) will be specifically for plan review of the Station Avenue Project. Task Order 2019-01 will utilize rates and schedules tailored to the Station Avenue Project, which are established by the Master Agreement. These include “expedited rates” associated with the high level of service and compacted schedule for the Station Avenue Project. While staff is not adverse to processing portions of the Station Avenue Project under the City’s standard service model and rates, between the size of the project and developer’s stated goal of opening by late 2020, some expedited effort will be required. Task Order 2019-01 will ensure that the City has the resources in place to meet these demands when they arise. At this time Task Order 2019-01 only addresses plan check work – staff will amend this Task Order to cover inspection services as the Station Avenue Project gets closer to construction and the scope can be better defined. Staff is proposing to issue Task Order No. 2019-01 for an amount not to exceed $450,000 with an expiration date of 6/30/2021 The second Task Order (Task Order 2019-02) will allow 4LEAF to provide general services that support the City’s existing Building Division plan check and inspection service model and augment existing plan review and inspection resources for the City’s other development work. Ongoing Building Division work includes multiple new single family residential neighborhoods in the University District and Southeast Specific Plan Areas, a 218 unit affordable housing complex in the University District, the Cambria Hotel, the Five Creek Apartments, Clearwater Assisted Living, Fairfield Inn and Suites, Bella Creek Apartments, Edgeway Apartments and 435 Southwest Apartments. This workload is stretching the City’s current resources and existing consultant resources. Bringing on an addition consultant will help ensure that demands for building plan review and inspection are met. Staff is proposing to issue Task Order 2019-02 for an amount not to exceed $500,000 with an expiration date of 6/30/2021. STRATEGIC PLAN ALIGNMENT: By retaining consultants to provide additional service capacity when necessary, the City is ensuring the effective delivery of public services thus aligning with Goal C of the Strategic Plan. Additionally, the Task Orders will allow staff to better assist major planned developments which aligns with Goal D of the Strategic Plan. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends authorizing the Master Agreement for Consultant Services and Task Orders 2019-01 and 2019-02 with 4LEAF, Inc. This option provides the resources necessary to ensure timely review of development submittals and requests for field inspection. 2. Alternative: Staff also considered performing all plan check and inspections services, with existing staff, or under its existing contracts, or a combination of both. This option is not recommended because staff does not have sufficient resources to meet the demand of the Station Avenue Development in addition to its current work. The Building Division’s two existing contract service providers are also in high demand, which could result in delays for the Station Avenue Project. FISCAL IMPACT/FUNDING SOURCE: The Fiscal Impact of the proposed action is $950,000. These costs will be funded through Development Services’ established fee schedule. There is no net General Fund impact. ITEM NO. 6C5 3 Department Head Approval Date: 12/31/2018 Finance Director Approval Date: 01/02/2019 City Attorney Approval Date: 12/31/2018 City Manager Approval Date: 1/3/2019 Attachments (list in packet assembly order): 1. Resolution Authorizing a Master Agreement for Consultant Services, Task Order 2019- 01 for $450,000 and Task Order 2019-02 for $500,000 with 4LEAF Inc., for Project Specific and General Building Division Services and Related Actions 2. Exhibit A to Resolution – Master Agreement for Consultant Services with 4LEAF, Inc. for Professional Plan Check and Building Inspection Services 3. Exhibit B to Resolution - 4LEAF Task Order 2019-01 4. Exhibit C to Resolution – 4LEAF Task Order 2019-02 1 RESOLUTION NO. 2019-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING A MASTER AGREEMENT FOR CONSULTANT SERVICES, TASK ORDER 2019-01 FOR $450,000, AND TASK ORDER 2019-02 FOR $500,000 WITH 4LEAF, INC. FOR PROJECT SPECIFIC AND GENERAL BUILDING DIVISION SERVICES AND RELATED ACTIONS WHEREAS, Development Services is experiencing significant volume increases in requests for service and development applications, including work associated with the recently approved Station Avenue Project; and WHEREAS, this increased volume of work requires additional consultant support in order to maintain services levels and support planned growth; and WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the City's Purchasing Policy; WHEREAS, in November, 2018 in accordance with City’s Purchasing Policy, staff issued a Request for Proposals for Professional Building Plan Check and Building Inspection Services for the Station Avenue Project in order to identify qualified consulting firms to support its work; and WHEREAS, pursuant to Section 3.6(D) of the City’s Purchasing Policy, staff has completed its review of the proposals and has determined that 4LEAF INC. is the most qualified respondent; and WHERAS, the City has secured proposals from 4LEAF, Inc. for certain project specific and general building division services and has negotiated with 4LEAF, Inc. to arrive at a proposed scope of services and budget that meet the City’s needs for building plan check and inspection support; and WHEREAS, the cost of the Consultant’s services are reimbursed to the City by various applicants for processing their applications and do not represent a cost to the City’s general fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize: • a Master Agreement for Consultant Services with 4LEAF, Inc., a California Corporation, for Professional Plan Check and Building Inspection Services, attached hereto as Exhibit A; • 4LEAF Task Order 2019-01 for plan check of the Station Avenue Project in an amount not to exceed four hundred fifty thousand dollars ($450,000.00), attached hereto as Exhibit B; and • 4LEAF Task Order 2019-02 for General Building Division services, in an amount not to exceed five hundred thousand dollars ($500,000.00), attached hereto as Exhibit C. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions necessary to effectuate this Resolution for and on behalf of the City of Rohnert Park, including execution, of the Master Agreement and Task Orders 2019-01 and 2019-02, in ( 2 ) 2019-005 substantially similar form to Exhibits A, B and C attached hereto, subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 8th day of January, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibits A, B and C ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Resolution Exhibit A Page 1 of 24 MASTER AGREEMENT FOR CONSULTANT SERVICES WITH 4LEAF, INC. FOR PROFESSIONAL PLAN CHECK AND BUILDING INSPECTION SERVICES This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as of the ___ day of January, 2019, by and between the City of Rohnert Park ("City"), a California municipal corporation, and 4LEAF, INC ("Consultant"), a California Corporation, with reference to the following facts, understandings and intentions. Recitals WHEREAS, City desires to obtain professional plan check and building inspection services to support the Building Division; and WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 3 of this Agreement, subject to the terms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals and all defined terms set forth above are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. Authorized representatives shall represent City and Consultant in all matters pertaining to this Agreement. A. City. The City Manager or his/her designee shall represent City for all purposes under this Agreement, except where approval for the City is specifically required by the City Council. The Building Official is hereby designated as the project manager (“Project Manager”). The Project Manager shall supervise the progress and execution of this Agreement. B. Consultant. The Consultant shall assign Craig Tole, Director of Development Services to have overall responsibility for the progress and execution of this Agreement for Consultant. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Consultant shall perform the type of services generally set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant shall be assigned to provide particular services pursuant to the requirements of a task Page 2 of 24 order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”) executed by Consultant and City. B. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the Task Order shall be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall: (1) for services provided directly under this Agreement be at the rate and schedules more particularly described in Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall the amount City pays to Consultant for services provided directly under this Agreement exceed fifteen thousand dollars ($15,000.00); or, for services authorized by Task Order, the compensation shall not exceed the total compensation specified by the Task Order. Whether working under this Master Agreement or a Task Order, the services of the Consultant shall not commence without a written notice to proceed from the City. City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. City shall pay Consultant as compensation in full for such services and expenses for the different elements of the scope of work as follows: B. Timing of Payment. (1) Consultant shall submit itemized monthly statements for work performed. All statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty (30) days after approval of the invoice by City. Page 3 of 24 (2) Payments due and payable to Consultant for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant. E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's work product. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. 5. Term. The term of this Agreement shall commence on the date of its execution by both parties and shall continue in full force and effect until June 30, 2021, unless earlier terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and Consultant. Work authorized by a separate Task Order as contemplated by this Agreement shall be performed in accordance with the schedule set forth in the Task Order. Page 4 of 24 6. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed. 7. Ownership of Documents. Title, including the copyright and all intellectual property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above- described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 9. Conflict of Interest. A. Consultant covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Consultant's performance of services under this Agreement, or be affected in any manner or degree by performance of Consultant's services hereunder. Consultant further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. (1) Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: (2) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and Page 5 of 24 (3) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) 10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise. 11. Indemnity. A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs and expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties. For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents and employees. B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and Page 6 of 24 all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender. 12. Independent Contractor. It is expressly agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 13. Compliance with Laws. A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant's failure to comply with any or all of the requirements contained in this paragraph or in this Agreement. B. Workers' Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. C. Prevailing Wage. Consultant and Consultant's subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest Page 7 of 24 prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section. F. Waiver of Subrogation. Consultant and Consultant's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Consultant's workers' compensation insurance policy which arise from the work performed by Consultant for City. 14. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law. 15. Assignment; Subcontractors; Employees A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent, which shall be in the City’s sole discretion. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder. No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 16. Insurance. Without limiting Consultant's indemnification provided herein, Consultant shall, at its own expense, procure and maintain insurance that complies with the requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated Page 8 of 24 by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s risk manager. 17. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon five (5) days' written notice to Consultant. B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by consultant. C. In the event this Agreement is terminated by City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Consultant, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement. 18. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension. 19. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions. Page 9 of 24 20. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 21. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a written notice from City to proceed with work required by a Task Order, Consultant shall immediately commence work to perform the services required by that Task Order according to the time requirements set in the Task Order. 23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City Manager City of Rohnert Park - City Hall 130 Avram Avenue Rohnert Park, CA 94928 If to Consultant: 4LEAF, Inc. Kevin Duggan, President 2126 Rheem Drive Pleasanton, CA 94588 24. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City and all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually Page 10 of 24 agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. C. The City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in the City Manager's office. 25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 26. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant. 29. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right or remedy that such party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Rohnert Park Municipal Code 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: Page 11 of 24 A. Exhibit A: Scope of Work and Schedule of Performance B. Exhibit B: Compensation C. Exhibit C: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 34. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 36. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and/or such other person's financial interests. Page 12 of 24 IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK CONSULTANT By: __________________________________ Darrin Jenkins, City Manager By: Kevin J. Duggan, President Date: ________ Date: Per Resolution No. 2019-__adopted by the Rohnert Park City Council at its meeting of January 8, 2019. APPROVED AS TO FORM: By: __________________________________ City Attorney ATTEST: By: __________________________________ City Clerk Resolution Exhibit A Page 13 of 24 Exhibit A - Scope of Work and Schedule of Performance PART 1. SCOPE OF SERVICES FOR STATION AVENUE PROJECT 4LEAF, Inc. (4LEAF) shall partner with all those involved with the project, including the Architectural and Structural design team, the Contractors, the Special Inspection firm(s), the City, and all other Agencies having jurisdiction over the Project to ensure the construction meets the minimum requirements of all governing rules and regulations which include the California Building Standards Code and the Rohnert Park Municipal Code. The scope of Services will be provided in two parts: A: Plan Review Scope of Work 1. Review the submitted plans for compliance with the provisions of all State and local laws and regulations including, but not limited to those for: Fire and Life-Safety, Accessibility, Structural, Plumbing, Mechanical, Electrical, Green Building and Energy associated with all buildings associated with the project. 2. Review plans with the established turn-around times (from the date of submittal). The turn- around times shall not exceed 10 regular business days for the first submittal and 5 regular business days for the section and subsequent submittals. 3. Ensure prompt pick-up and delivery back to the City of Rohnert Park office by, and at the expense of 4LEAF. Have an electronic portal available to the City and/or design team for the electronic submission of plans. 4. Key 4LEAF team member staff attend design review meetings with the Architect(s) of record and/or the Engineer(s) of record to ensure the Plan Review team is up to speed and assists in moving the project forward as decisions are required to be made frequently. 5. 4LEAF will work under the direction of the Building Department and shall clearly document all plan reviews and reports. 4LEAF will provide a method for tracking of the construction progress and processing of change-orders and RFI’s. B: Building Inspection Scope of Work 1. Provide construction inspection (i.e. same day/24 hours or less) services based on the approved plans and documents to ensure all new construction is in conformance and compliance with the California Building Code (CBC) and all other volumes within Title 24 California Code of Regulations and all other State and local laws. 2. Prepare weekly and monthly summary reports of progress at the construction site based upon direct observation and reports by subordinate inspector and prepare these reports for review by the Rohnert Park Building Department. 3. Review and appropriately respond to all special inspection reports and subsequently electronically file the reports into a user friendly electronic document management system. 4. Maintain an effective working relationship with the Contractor, the Design Professionals, the Construction Manager and the Rohnert Park Building Department as to safeguard the interests of the Owner and City. Page 14 of 24 5. Be tactful, firm, and fair in insistence to adherence of the intent of the approved plans and documents. 6. Review and inspect work and materials in a timely manner as so as to avoid as much as possible, disruption to the schedule or work already in place. 7. Provide quality assurance of work, materials and equipment, and reject work that is substandard and/or which does not meet the intent of the governing codes, laws, rules, and/or regulations. 8. Assist the Fire Department with inspections when deemed appropriate by responsible Fire personnel. 9. Rely on the Design Professional and Plan Review team to help solve technical problems arising during construction. Review all RFI’s prior to submission to the Plan Review team to help expedite construction. PART 2. SCOPE OF GENERAL BUILDING DIVISION SERVICES 4LEAF, Inc. (4LEAF) shall will provide Building Inspection and Plan Check Services. 4LEAF shall enforce provisions of the City’s Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Energy, and Housing Codes; the City’s Zoning Code; and related State and local laws. Consultant shall make such inspections and investigation as may be required to effect such enforcement and issue permits as/are required by the City’s Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Building Official, as assigned, as set forth in Rohnert Park Municipal Code and in the performance of such work the 4LEAF shall do the following: A: Plan Review Scope of Work As directed by the Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Consultant shall maintain a close liaison with City Building Division Staff in order to ensure that appropriate requirements of the Zoning Ordinance are incorporated within the plans submitted. Consultant will strive to complete the first plan check submitted within 10 business days of notification of assignment of review by the City. Consultant will strive to complete the second or subsequent plan checks submitted within five (5) business days of notification of assignment of review by the City. 4LEAF will pick-up plans upon request of the City. The city will email pickup@4leafinc.com and 4LEAF will dispatch our staff for the personal pick-up of plans within 24 hours. Page 15 of 24 B: On-Call Building Department Support Staff (As-needed) Consultant shall provide building department support staff to include building inspectors, interim Chief Building Official, permit technicians, on-site plans examiners/engineers, code enforcement personnel, etc. on an on-call basis for the City of Rohnert Park. Consultant will provide interim staff within one business day and full-time staff within two business days. Consultant will provide staff from their database of qualified personnel. For requests made with less than 24 hour notice, 4LEAF will make every effort possible to secure suitable candidates. These positions vary from full-time staff, idle staff (temporarily in-between assignments, and pre-qualified staff which include personnel who are available to client demand. All on-call requests should be made directly to 4LEAF management. 4LEAF’s Operations Manager will handle the placement of all 4LEAF staff. 4LEAF’s designated manager is: Mike Leontiades 4LEAF, Inc. 2126 Rheem Drive Pleasanton, CA 94588 (925) 462-5959 – Office (925) 462-5958 – Fax (925) 681-8842 – Cell mleontiades@4leafinc.com Resolution Exhibit A Page 16 of 24 Exhibit B - Compensation Part 1. 4LEAF 2019-2020 FEE SCHEDULE & BASIS OF CHARGES FOR THE STATION AVENUE DEVELOPMENT Plan Review Services* Plan Review ........................................................................................................ $ 220 per hour Inspection Services* Lead Senior Inspector ........................................................................................ $ 149 per hour Assistant Inspector/CASp ................................................................................... $ 125 per hour Fire Inspection ................................................................................................... $ 155 per hour Public Works Inspector ...................................................................................... $ 165 per hour Administrative Services On-Site Permit Manager/Trakit Liaison ............................................................. $ 90 per hour GoFormz Software ............................................................................................. $ 30 per user per month Project / Management Services* Project Manager/Document Control Specialist ................................................. $ 175 per hour *All Fees Subject to Basis of Charges BASIS OF CHARGES Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. 3% escalation will be billed in 2020 as projected in proposed cost proposal. City will work with 4LEAF to determine the appropriate level of effort. • Plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed above. • Overtime and Premium time will be charged as follows: - Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the City Manager, Public Works Director, or other responsible designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. Page 17 of 24 • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • All work will be performed within the budgets established by the City. All overtime will be funded by the Developer and approved/requested by the City of Rohnert Park. Resolution Exhibit A Page 18 of 24 Part 2. 4LEAF 2019-2020 FEE SCHEDULE & BASIS OF CHARGES FOR GENERAL BUILDING DIVISION SERVICES All Rates are Subject to Basis of Charges NATURE OF BUILDING SERVICES COST STRUCTURE Plan Review & CASp Services Plan Review Percentage Cost: 65% Plan Review Hourly Cost: $95 Non-Structural Review $120 Structural Review CASp Inspection and/or Review: $155/hour * Fee includes initial review and two (2) rechecks. * Fee includes shipping and courier service. Fee Structure for Personnel* Interim Building Official ........................................................................................................... $135/hour Senior Combination Building Inspector (Building Inspector III) ............................................... $115/hour Commercial Building Inspector (Building Inspector II) ............................................................ $95/hour Residential Building Inspector (Building Inspector I) ............................................................... $85/hour Training Building Inspector ...................................................................................................... $65/hour Code Enforcement ................................................................................................................... $95/hour Permit Technician .................................................................................................................... $65/hour Senior Permit Technician ......................................................................................................... $75/hour On-Site Structural Plan Review Engineer ................................................................................. $130/hour On-Site Non-Structural Plans Examiner ................................................................................... $110/hour Fire Review ............................................................................................................................... $155/hour Public Works Inspector ............................................................................................................ $147/hour CASp Inspection ....................................................................................................................... $155/hour Project Inspector / Inspector of Record ................................................................................... $125/hour Project Inspector / Inspector of Record (Senior Lead Technical) ............................................ $149/hour Off-Site Project Manager ......................................................................................................... $160/hour Principal-in-Charge ................................................................................................................... $185/hour Hourly overtime charge per inspector ..................................................................................... 1.5 x hourly rate Mileage (for inspections performed within the City) .............................................................. IRS Rate + 20% *Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. On-Call Rates will differ than negotiated rates for project specific work such as Station Avenue Development. Page 19 of 24 BASIS OF CHARGES Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed: - Scenario #1 (Applicant requested): at 1.5x the plan review fee. - Scenario #2 (City requested): at no additional cost to the City when available. • Emergency reviews will be billed: - Scenario #1 (Applicant requested): at 2.5x the plan review fee. - Scenario #2 (City requested): at no additional cost to the City when available. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed above. • All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply. • 4LEAF assumes that these rates reflect the 2019-2020 contract period. 3% escalation for 2021 and 2022 is negotiable per market conditions. • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the City Manager, Public Works Director, or other responsible designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage, driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. Resolution Exhibit A Page 20 of 24 EXHIBIT C INSURANCE REQUIREMENTS for Consultant Services Agreement Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Page 21 of 24 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best's rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant. 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed operations coverage is excluded, the policy must be endorsed to include such coverage. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, elected officials, employees, agents, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the City. 4. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 7. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. Page 22 of 24 9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 12. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to Page 23 of 24 the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 18. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its officers, elected officials, employees, agents, and volunteers. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 20. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 21. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Resolution Exhibit A Page 24 of 24 CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the President, and a duly authorized representative of the firm 4LEAF, Inc. whose address is 2126 Rheem Drive, Pleasanton, CA 94588, and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. _________________ ___________________________________ Date Signature: Kevin J. Duggan, President Resolution Exhibit B 1 4LEAF TASK ORDER NO. 2019-01 CITY OF ROHNERT PARK AND 4LEAF INC. AUTHORIZATION TO PROVIDE PLAN REVIEW AND BUILDING DEPARTMENT SUPPORT SERVICES FOR THE STATION AVENUE PROJECT SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct 4LEAF, Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and 4LEAF, Inc. ("Consultant") hereto dated January__, 2019, pursuant to Resolution No. 2019-__. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit A - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT, Exhibit B, Part 1, for an amount not-to-exceed four hundred fifty thousand dollars ($450,000.00). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by June 30, 2021, or as extended by the City Manager. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this ____ day January, 2019. CITY OF ROHNERT PARK CONSULTANT – 4LEAF INC. ________________________________________ _______________________________________ Darrin Jenkins, City Manager (Date) Kevin J. Duggan, President (Date) Per Resolution No. 2019-__ adopted by the Rohnert Park City Council at its meeting of January 8, 2019 ATTEST: APPROVED AS TO FORM: _______________________________________ ____________________________ City Clerk City Attorney Resolution Exhibit B 2 EXHIBIT A TO 4LEAF TASK ORDER 2019-01 SCOPE OF SERVICES Plan Check of the Station Avenue Project 4LEAF, Inc. (4LEAF) shall partner with all those involved with the project, including the Architectural and Structural design team, the Contractors, the Special Inspection firm(s), the City, and all other Agencies having jurisdiction over the Project to ensure the construction meets the minimum requirements of all governing rules and regulations which include the California Building Standards Code and the Rohnert Park Municipal Code. The Plan review services will include: 1. Review the submitted plans for compliance with the provisions of all State and local laws and regulations including, but not limited to those for: Fire and Life-Safety, Accessibility, Structural, Plumbing, Mechanical, Electrical, Green Building, and Energy associated with all buildings associated with the project. 2. Review plans with the established turn-around times (from the date of submittal). The turn-around times shall not exceed 10 regular business days for the first submittal and 5 regular business days for the section and subsequent submittals. 3. Ensure prompt pick-up and delivery back to the City of Rohnert Park office by, and at the expense of 4LEAF. Have an electronic portal available to the City and/or design team for the electronic submission of plans. 4. Key 4LEAF team member staff attend design review meetings with the Architect(s) of record and/or the Engineer(s) of record to ensure the Plan Review team is up to speed and assists in moving the project forward as decisions are required to be made frequently. 5. 4LEAF will work under the direction of the Building Division and shall clearly document all plan reviews and reports. 4LEAF will provide a method for tracking of the construction progress and processing of change-orders and RFI’s. Resolution Exhibit C 1 4LEAF TASK ORDER NO. 2019-02 CITY OF ROHNERT PARK AND 4LEAF, INC. AUTHORIZATION TO PROVIDE GENERAL BUILDING DIVISION SERVICES SECTION 1 – PURPOSE The purpose of this Task Order is to authorize and direct 4LEAF, Inc. to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and 4LEAF, Inc. ("Consultant") hereto dated January 8, 2019, pursuant to Resolution No. 2019-__. SECTION 2 – SCOPE OF WORK The items authorized by this Task Order are presented in Exhibit A - Scope of Services. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT, Exhibit B, Part 2, for an amount not-to-exceed five hundred thousand dollars ($500,000.00). SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by June 30, 2021 or as extended by the City Manager. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this ___ day January, 2019. CITY OF ROHNERT PARK CONSULTANT – 4LEAF INC. ________________________________________ _______________________________________ Darrin Jenkins, City Manager (Date) Kevin J. Duggan, President (Date) Per Resolution No. 2019-__ adopted by the Rohnert Park City Council at its meeting of January 8, 2019 ATTEST: APPROVED AS TO FORM: _______________________________________ ____________________________ City Clerk City Attorney Resolution Exhibit C 2 EXHIBIT A TO 4LEAF TASK ORDER 2019-02 SCOPE OF SERVICES Building Division Services 4LEAF, Inc. (4LEAF) shall provide Building Inspection and Plan Check Services. 4LEAF shall enforce provisions of the City’s Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Energy, and Housing Codes; the City’s Zoning Code; and related State and local laws. Consultant shall make such inspections and investigation as may be required to effect such enforcement and issue permits as/are required by the City’s Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Building Official, as assigned, as set forth in Rohnert Park Municipal Code and in the performance of such work the 4LEAF shall do the following: A: Plan Review Scope of Work As directed by the Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations. Consultant shall maintain a close liaison with City Building Division Staff in order to ensure that appropriate requirements of the Zoning Ordinance are incorporated within the plans submitted. Consultant will strive to complete the first plan check submitted within 10 business days of notification of assignment of review by the City. Consultant will strive to complete the second or subsequent plan checks submitted within five (5) business days of notification of assignment of review by the City. 4LEAF will pick-up plans upon request of the City. The city will email pickup@4leafinc.com and 4LEAF will dispatch our staff for the personal pick-up of plans within 24 hours. B: On-Call Building Department Support Staff (As-needed) Consultant will provide building department support staff to include building inspectors, interim Chief Building Official, permit technicians, on-site plans examiners/engineers, code enforcement personnel, etc. on an on-call basis for the City of Rohnert Park. Consultant will provide interim staff within one business day and full-time staff within two business days. Consultant will provide staff from their database of qualified personnel. For requests made with less than 24 hour notice, 4LEAF will make every effort possible to secure suitable candidates. These positions vary from full-time staff, idle staff (temporarily in-between assignments, and pre-qualified staff which include personnel who are available to client demand. All on-call requests should be made directly to 4LEAF management. 4LEAF’s Operations Manager will handle the placement of all 4LEAF staff. 4LEAF’s designated manager is: Mike Leontiades 4LEAF, Inc. 2126 Rheem Drive Pleasanton, CA 94588 (925) 462-5959 – Office (925) 462-5958 – Fax (925) 681-8842 – Cell mleontiades@4leafinc.com ITEM NO. 6D1 1 Meeting Date: January 8, 2019 Department: Finance Submitted By: Betsy Howze, Finance Director Prepared By: Betsy Howze, Finance Director Agenda Title: Approval of the Annual Recognized Obligation Payment Schedule (ROPS) FY 19-20 of the Successor Agency to the former Community Development Commission of the City of Rohnert Park RECOMMENDED ACTION: Consider and adopt the attached Resolution approving the Annual ROPS 19-20 (Recognized Obligation Payment Schedule for the period July 1, 2019 to June 30, 2020) of the Successor Agency to the former Community Development Commission of the City of Rohnert Park. BACKGROUND: Health & Safety Code Section 34177 (o) requires successor agencies to submit the Recognized Obligation Payment Schedule (ROPS) to the State Department of Finance (DOF). The ROPS 19-20 must be submitted to the Sonoma County Auditor-Controller-Treasurer-Tax Collector, State Controller’s Office and Department of Finance no later than February 1, 2019 after approval by the Oversight Board which is scheduled for January 25, 2019. ANALYSIS: The attached ROPS 19-20 addresses $12,502,008 in enforceable obligations to be paid from Redevelopment Property Tax Trust Funds (“RPTTF”). The enforceable obligations include bond debt payments, repayment of the City loan, use of bond proceeds, and the administrative cost allowance for the period July 1, 2019 to June 30, 2020. As previously reported, with the receipt of the Notice of Completion on April 26, 2013, the Successor Agency is eligible to include previously unallowable items beginning with the ROPS 14-15B. These include 1) repayment of a loan the City made to the former Community Development Commission and 2) expenditure of the proceeds of bonds issued prior to December 31, 2010 for infrastructure projects, which was directed in Resolution 2014-109 by Council on September 9, 2014. The first annual City loan repayment was made in the ROPS 14-15B period, and to date the City has received $1,440,881, with an expected payment of $842,364 from the 19-20 ROPS. With an interest rate of 3%, the City expects the balance to be $860,084 at June 30, 2019. All loan Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6D1 2 payments received by the City are required to first reduce the principal balance, and then pay off the accreted interest. With the 19-20 ROPS payment, the principal amount will be fully repaid, and interest will stop accruing. Twenty percent of any loan repayment amount must be transferred to the Low and Moderate Income Housing Asset Fund. The Community Development Commission loaned $10,055,725 of bond proceeds to the Public Facility Finance Fee Fund to build the Eastside Trunk Sewer Project. These funds are being repaid to the Successor Agency with developer fees as funds become available for capital improvements within the project area. The current outstanding balance per the ROPS schedule is $8,055,725, and staff are requesting the full remaining balance for the ROPS 19-20 cycle. Staff recommends that the Successor Agency consider and adopt the attached Resolution approving the ROPS 19-20. If approved, the ROPS 19-20 will be submitted to the Oversight Board for approval. STRATEGIC PLAN ALIGNMENT: This item follows the Fiscal Responsibility value in the Strategic Plan by complying with mandated programs and utilizing all resources efficiently and effectively. Department Head Approval Date: December 19, 2018 City Attorney Approval Date: December 19, 2018 City Manager Approval Date: December 18, 2018 Attachments (list in packet assembly order): 1. Resolution 2. Exhibit A to Resolution: ROPS 19-20 1 RESOLUTION NO. 2019-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK APPROVING THE ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2019 – JUNE 30, 2020 (“ROPS 19-20”), PURSUANT TO SECTION 34177 (o) OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, in accordance with Section 34173 of the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) (“CRL”), the City of Rohnert Park is the Successor Agency to the former Community Development Commission of the City of Rohnert Park (“Commission”), and is responsible for, among other things, winding down the dissolved Commission’s affairs, continuing to meet the Commission’s enforceable obligations, overseeing completion of redevelopment projects and disposing of the assets and properties of the Commission, all as directed by the oversight board created pursuant to Section 34179 of the CRL (“Oversight Board”); and WHEREAS, Section 34177(o) of the Health and Safety Code requires the City of Rohnert Park as the successor agency to submit to the State Department of Finance (“DOF”) and the Sonoma County Auditor-Controller-Treasurer-Tax-Collector (“County Auditor”) an Oversight Board approved Recognized Obligation Payment Schedules (“ROPS”); and WHEREAS, pursuant to Section 34177(o), the ROPS for the period of July 1, 2019 to June 30, 2020 (“ROPS 19-20”) shall be submitted to the Sonoma County Auditor-Controller Treasurer-Tax- Collector and Department of Finance no later than February 1, 2019 after approval by the Oversight Board; and WHEREAS, successor agency staff have prepared the attached ROPS as required pursuant to Health and Safety Code Section 34177(o). NOW, THEREFORE, CITY OF ROHNERT PARK FOR THE SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK DOES RESOLVE AS FOLLOWS: Section 1. The Recognized Obligation Payment Schedule for the period July 1, 2019 to June 30, 2020 (“ROPS 19-20”) in the form attached to this resolution and incorporated herein by reference is hereby approved. Section 2. The staff of the Successor Agency is hereby directed to submit the ROPS to the Oversight Board for approval, and after the ROPS receives such approval, thereafter to the DOF, the State Controller, and the Sonoma County Auditor-Controller Treasurer-Tax-Collector and post the ROPS on the Successor Agency’s website in accordance with Health and Safety Code Section 34177(l)(2)(C), and to cooperate with DOF to the extent necessary to obtain DOF’s acceptance of the ROPS, correct clerical errors or omissions including, if necessary, making modifications to the ROPS determined by the City Manager to be reasonable and financially feasible to meet its legally required financial obligations. 2019-006 2 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park as Successor Agency to the Community Development Commission of the City of Rohnert Park this 8th day of January 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: ROPS 19-20 ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Successor Agency:Rohnert Park County:Sonoma Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 19-20A Total (July - December) 19-20B Total (January - June) ROPS 19-20 Total A 6,000,000$ 2,055,725$ 8,055,725$ B 6,000,000 2,055,725 8,055,725 C - - - D - - - E 2,146,709$ 2,246,982$ 4,393,691$ F 2,021,709 2,121,982 4,143,691 G 125,000 125,000 250,000 H Current Period Enforceable Obligations (A+E):8,146,709$ 4,302,707$ 12,449,416$ Name Title /s/ Signature Date Administrative RPTTF Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Recognized Obligation Payment Schedule (ROPS 19-20) - Summary Filed for the July 1, 2019 through June 30, 2020 Period Enforceable Obligations Funded as Follows (B+C+D): RPTTF Redevelopment Property Tax Trust Fund (RPTTF) (F+G): Bond Proceeds Reserve Balance Other Funds Exhibit A A B C D E F G H Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, Grants, Interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/16) RPTTF amount should exclude "A" period distribution amount 1,756,513 26,760 Ending balance from prior ROPS Col E combine per DOF 2 Revenue/Income (Actual 06/30/17) RPTTF amount should tie to the ROPS 16-17 total distribution from the County Auditor-Controller 6,153 517,508 6,172,116 Col C interest earnings DS Reserve; Col F interest earnings $7,755 & Revenue Sharing agreement paid out in January, 2017 $509,753. see Prior Year ROPS. Col G RPTTF Revenue FY16-17A & B $4,906,590. & Trustee errored and did not request calendar year DS payment for the 1999 and 2001 bonds. Retained cash of $1,265,526 was paid to trustee in July, 2016 see Prior Year ROPS 3 Expenditures for ROPS 16-17 Enforceable Obligations (Actual 06/30/17) 1,513 509,753 6,120,332 Col C trustee moved funds from reserve to debt service fund to make debt payment; Col F Revenue Sharing agreement paid out in January, 2017 $509,753. see Prior Year ROPS. Col G Trustee errored and did not request calendar year DS payment for the 1999 and 2001 bonds. Retained cash of $1,265,526 was paid to trustee in July, 2016 see Prior Year ROPS 4 Retention of Available Cash Balance (Actual 06/30/17) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)1,761,153 Column C - Bond Reserves held by Trustee. 5 ROPS 16-17 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 16-17 PPA form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/17) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) 0$ 0$ 26,760$ 7,755$ 51,784$ No entry required Rohnert Park Recognized Obligation Payment Schedule (ROPS 19-20) - Report of Cash Balances July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. Fund Sources Comments Bond Proceeds ROPS 16-17 Cash Balances (07/01/16 - 06/30/17) ITEM NO. 7 Meeting Date: January 8, 2019 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: City Council Appointments to the Planning Commission – Terms Expiring December 31, 2022 RECOMMENDED ACTIONS: Appoint City Councilmembers’ Nominations to the Rohnert Park Planning Commission for Terms Expiring December 31, 2022. BACKGROUND: The Planning Commission is charged with development of the General Plan, implementation and administration of the Zoning Ordinance, and review of development applications. Planning Commission members shall reside in Rohnert Park and will serve for a 4- year term (or remainder thereof). Commissioners are required to file conflict of interest statements consistent with state law. Applicants are expected to be residents interested in acting as an advisory agency to the City Council and in having such powers and duties as may be assigned to it by the City Council. The Planning Commission consists of five members. Two of the terms expire December 31, 2018. On November 13, 2018, the Commissioners were advised of their expiring term. In order to attract potential applicants, the City Clerk’s office issued a press release on November 14, 2018 and distributed information on social media. In addition past applicants were contacted to find out if they continued to be interested in serving. Five candidates submitted applications which were forwarded to Councilmembers Stafford and Adams for consideration. ANALYSIS: Rohnert Park Municipal Code 17.25.091 states each Councilmember may nominate one resident for appointment by the City Council. The following is a list indicating the nominee, the nominating Councilmember, and the action sought: Nominee Nominated by Action Daniel A. Blanquie Councilmember Stafford Reappointment Marc Orloff Councilmember Adams Appoint Staff recommends City Council appoint the nominees. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7 STRATEGIC PLAN ALIGNMENT: Making appointments to the Planning Commission supports the City’s values of communication and collaboration and Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: 1. Recommended Option: City Council appoint the Councilmembers’ nominees to the Planning Commission for four-year terms expiring 12/31/2022. 2. Alternative: City Council could consider the item at a future City Council meeting however this option is not recommended because terms expired 12/31/2018. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: NA City Manager Approval Date: 12/31/2018 Finance Director Approval Date: NA City Attorney Approval Date: NA Attachments (list in packet assembly order): 1. Completed Reappointment/Fact Sheet Forms 2. Rohnert Park Municipal Code Section 17.25 Article IX. - Planning Commission 17.25.090 - Planning commission created. Subject to the provisions of this section, there is created a planning commission for the city consisting of five members. (Ord. 695 § 3, 2003) 17.25.091 - Planning commission appointments—Term of office—Compensation—Vacancies. A. Members of the planning commission shall be appointed by the city council. Each councilperson may nominate one resident of the city of Rohnert Park for appointment to the planning commission. The term of each commission member shall be for four years expiring on December thirty first. B. Each member shall serve at the pleasure of the city council and until his/her successor is appointed and qualified. C. Vacancies shall be filled by appointment for the unexpired portion of the term. D. Members of the commission shall serve without compensation unless otherwise provided for by the city council. E. Members of the commission may be reimbursed for actual expenses incurred in carrying out business of the planning commission provided such reimbursement is approved by the city council. (Ord. 695 § 3, 2003; Ord. No. 921 , § 1, 4-10-2018) 17.25.092 - Planning commission officer election. The planning commission shall elect a chairman and a vice-chairman from the appointed members. The planning commission shall appoint a secretary who need not be a member of the commission. Officers of the commission shall be elected annually. (Ord. 695 § 3, 2003) 17.25.093 - Planning commission meetings. The planning commission shall hold at least one regular meeting in each month. (Ord. 695 § 3, 2003) 17.25.094 - Planning commission rules—Record keeping. The planning commission shall, subject to approval by the council, adopt rules for the transactions of business and shall keep a public record of its resolutions, transactions, findings, and determinations. (Ord. 695 § 3, 2003) (Ord. 695 § 3, 2003) 17.25.096 - City council may function as planning commission. Attachment 2 As an alternative to the establishment of a planning commission, the city council may by resolution designate the city council itself as the planning commission, in which event the city council shall perform all of the functions and duties of the planning commission as set forth in this title. Where separate public hearings are provided for before the planning commission and the city council, as in amendments to this title, these public hearings may be combined in the public hearing before the city council. (Ord. 695 § 3, 2003) Community Services Donation Policy January 8, 2019 Presented by Cindy Bagley, Community Services Manager No policy to support or regulate current practice of donations for: ◦Spreckels Performing Arts Center Tickets Non-profits Governmental agencies Theatre professionals ◦Community Services Programs Camps Pool admission Background ◦Expose new customers to PAC and Community Center programs ◦Generate “word-of-mouth” marketing ◦Incentivize event attendance ◦Support local non-profit organizations Purpose/Benefit of Donations ◦Who would have the authority to donate : City Manager, or his or her written designee ◦What may be donated: Admission to Spreckels Theatre Company productions In-house recreation programs and activities Proposed Policy ◦Who would be eligible to receive donations: 1.Government agencies, including public schools in Rohnert Park 2.501(c)3, 501(c)4 or 501(c)6 organization that maintains an office or provides services in Rohnert Park 3.Individuals or families entered into promotional drawings or contests Proposed Policy ◦Who would be eligible to receive donations: 4.Theatre professionals such as directors and critics 5.Rohnert Park residents for “Free Night of Theatre” 6.Other individuals or organizations by contractual agreements per the discretion of the City Manager, or his/her written designee. Proposed Policy ◦Reporting Requirements City Council “Distribution of Tickets and/or Passes Policy”, Policy number 490.15. Annual report to City Council with the number of gifted tickets and recreation programs. Proposed Policy Options Considered Option 1: City Council could direct staff to bring back a resolution for formal adoption of proposed policy. Staff Recommendation. Option 2: City Council direct staff to bring back amendments to the proposed policy. Option 3: City Council could choose not to adopt a donation policy. ITEM NO. 8 1 Meeting Date: January 8, 2019 Department: Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Cindy Bagley, Community Services Manager, Angela Beran, Management Analyst Agenda Title: Discussion and Direction of Proposed Community Services Donation Policy RECOMMENDATION Discussion and direction of proposed Community Services Donation Policy. BACKGROUND: The Community Services Department encompasses fitness, recreation and the arts through Callinan Sports and Fitness Center, community centers, aquatic facilities and Spreckels Performing Arts Centers (PAC). In order to promote the revenue-generating programs and services available through recreation programs and theatrical productions, Community Services staff have a past practice of donating free in-house recreation programs and activities as well as tickets to Spreckels Theatre Company productions at the PAC to individuals and families through contests and drawings. These types of donations help promote revenue-generating programs by potentially exposing new customers to PAC shows or recreation programs through the opportunity to attend/participate at no cost. If the recipients of these donations have a positive experience with the show/program then they will likely return at a later date as a paying customer and will share their positive experience with friends, family and neighbors. In addition, Community Services hosts several community events throughout the year. The ability to do promotional giveaways and contests allows the department to incentivize attendance to these events. When attendance at events is high, this gives greater exposure to the Community Services Department and can assist in increasing registrations of fee-based classes, camps and programs through face-to-face marketing. An example of a promotional giveaway in the recent past was for the Halloween Carnival. Community Services hosted a “Facebook Live” drawing every Friday in October for those who had clicked that they were attending the event. The winner would receive either, four tickets to see Cinderella in May or a week at one of our summer youth camps (Preschool Camp, Camp Burton or Teen Camp). This was a benefit for a couple of reasons, 1.) when a Facebook user clicks they are attending our event, a notification goes on their Facebook newsfeed telling their friends and followers that they are going which creates additional marketing at no additional cost; and 2.) those who won the drawing will be coming back in the Summer months to participate in another recreation program or attend a live performance and may encourage others to attend with them. 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 In addition, the PAC has a long-standing history of donating tickets to non-profit organizations, governmental agencies, including Rohnert Park public schools, and local and visiting theatre professionals. These professionals include, but are not limited to artistic directors, directors, and critics. These donations help support our local non-profit organizations, expose our local students to the performing arts, and potentially expose new customers to the theatre that may turn into paying customers in the future. Critics assist in exposure through local media outlets through reviews of performances. This can bring a greater audience to shows which helps boost revenue. And last, the theatre community has a long-standing agreement that directors from other theatres are able to see shows at no cost. This keeps the directing community sharp and informed on what is trending in local theatre. It also continues to build comradery within the local theatre system and supports local actors. This report is designed to receive direction from City Council regarding staff recommendations for a formal donation policy for Community Services ANALYSIS: Donations: The proposed Community Services Donation Policy would only apply to in-house recreation programs and Spreckels Theatre Company productions. All classes offered by contract instructors or productions by renters of the PAC would not be eligible for donations without the written consent of the contract instructor or renter. The proposed policy would formalize in writing a current and past practice and identifies three components: 1. Who would have the authority to distribute promotional giveaways; and 2. What may be donated; and 3. Who would be eligible to receive donations. The language below is taken directly from the proposed policy: At the discretion of the City Manager, or his or her written designee, the following services may be donated for marketing and promotional purposes: • Admission to Spreckels Theatre Company productions • In-house programs and activities This Policy does not apply to recreation programs and activities offered by a contract instructor or PAC renter without his or her written consent. Organizations and individuals eligible to receive Community Services Donations authorized by this Policy include: 1. Government agencies, including public schools in Rohnert Park. 2. Any 501(c) organization based within the City of Rohnert Park or Sonoma County; IRS documentation of non-profit status may be required. 3. Individuals or families entered into promotional drawings or contests through Community Services events or social media campaign 4. Local and/or visiting theatre professionals (applicable to PAC tickets only). These professionals may include, but are not limited to, artistic directors, directors and critics. 5. Other organizations and individuals not mentioned in this policy may receive PAC tickets by separate contractual agreements per the discretion of the City Manager, or his or her ITEM NO. 8 3 designee. For example, actors that are in a Spreckels Theatre Company production receive 2 complimentary tickets per run of the show per their contract. In line with the Fee Waiver and Co-Sponsorship Policy, staff would bring an annual report to City Council sharing data regarding the number of tickets and promotional giveaways that were distributed during the previous year. STRATEGIC PLAN ALIGNMENT The development of a donation policy for Spreckels Theater Company productions and in-house recreation programs is in line with Strategic Plan GOAL B: Achieve and maintain financial stability and GOAL C: Ensure the effective delivery of public services. FISCAL IMPACT There is no direct fiscal impact to adopting this policy as current budgeted revenues already reflect loss of revenue due to promotional donations. OPTIONS CONSIDERED Donation Policy: Option 1 – City Council could direct staff to bring back a resolution to formally adopt the proposed donation policy. Staff recommends this option. Option 2 – City Council could direct staff to bring back revisions to the proposed policy. Doing so would delay the process of formalizing the current practice of donations for promotional purposes. Staff does not recommend this option. Option 3 – City Council could choose to deny the adoption of a formal donation policy. Doing so would prohibit staff from being able to leverage current services through promotional donations which could potentially impact registrations and attendance at theatrical productions. Staff does not recommend this option. Department Head Approval Date: 12/27/18 J. McArthur City Attorney Approval Date: 12/27/18 S. Rudin Human Resources Approval Date: N/A V. Perrault Finance Director Approval Date: N/A B. Howze City Manager Approval Date: 12/31/18 D. Jenkins Attachments: 1. Draft Community Services Donation Policy CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: COMMUNITY SERVICES PROMOTIONAL GIVEAWAY POLICY ☐ RESO NO:_________________ ☐ MINUTE ORDER Page 1 of 3 1. PURPOSE The City of Rohnert Park (City) Community Services Department enhances the City's high quality of life and nurtures the health and well-being of our people, our community and our economy through recreation, fitness and the arts. To support awareness of City services that generate revenue, City staff uses promotional giveaways to increase the visibility and community involvement in these valuable enrichment programs. The purpose of this Community Services Promotional Giveaway Policy (Policy) is to 1) identify who will have the authority to distribute promotional giveaways, 2) what may be distributed, and 3) who is eligible to receive promotional giveaways. 2. DEFINITIONS City: Means the City of Rohnert Park and its departments and events sponsored by the City. Contract instructor: Individuals under contract with the City to provide recreation programs. Spreckels Theatre Company: Actors, actresses, technicians, directors and musicians involved in the production stage plays and musicals at Spreckels Performing Arts Center (PAC). 3. POLICY I. Limitations. At the discretion of the City Manager, or his or her written designee, passes or tickets providing admission to the following functions may be provided to the recipients identified below, for the public purpose of marketing and promoting City functions: • Admission to Spreckels Theatre Company productions • Community Services programs and activities Promotional passes or tickets provided under this Policy shall not be distributed for programs operated by a contract instructor without the written consent of such instructor. Similarly, promotional passes and tickets provided under this Policy may not be used to gain entrance to events operated by a renter of a City-owned facility without the written consent of the renter of such facility. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: COMMUNITY SERVICES PROMOTIONAL GIVEAWAY POLICY ☐ RESO NO:_________________ ☐ MINUTE ORDER Page 2 of 3 All promotional passes under this Policy that are not designated for a specific production or program/class shall include the above as a disclaimer. Organizations and individuals eligible to receive Community Services promotional tickets and passes authorized by this Policy include: 1. Government agencies, including public schools in Rohnert Park. 2. Local non-profit organizations, an organization that has been conferred eligible for nonprofit status by the Internal Revenue Service under United States Internal Revenue Code Section 501(c)(3), 501(c)(4) or 501(c)(6), and maintains an office or provides services within the City of Rohnert Park; IRS documentation of non- profit status may be required. 3. Individuals or families entered into promotional drawings or contests through Community Services events or social media campaigns. 4. Local and/or visiting theatre professionals (applicable to PAC tickets only). These professionals may include, but are not limited to, artistic directors, directors and critics. 5. Other organizations and individuals not mentioned specifically in this policy may receive PAC tickets by separate contractual agreements per the discretion of the City Manager, or his or her written designee. For example, actors that are in a Spreckels Theatre Company production. 6. Rohnert Park residents as part of “free night of theatre” promotion at the PAC. II. Reporting. a. Promotional giveaways under this Policy shall be reported using FPPC Form 802 to the extent required by regulations under Title 2, Section 18944.1 of the California Code of Regulations as referenced in the City Council “Distribution of Tickets and/or Passes Policy”, Policy number 490.15. b. An annual report will be provide to City Council with the number of gifted tickets and recreation programs. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE: COMMUNITY SERVICES PROMOTIONAL GIVEAWAY POLICY ☐ RESO NO:_________________ ☐ MINUTE ORDER Page 3 of 3 REVISION HISTORY: Performing Arts Center: Current Fees and Fee Setting Process January 8, 2019 Presented by Cindy Bagley, Community Services Manager ◦Current Spreckels Performing Arts Center fees ◦Authorize the City Manager or designee to set prices for: Individual tickets Season tickets Rental rates Direction from City Council ◦Three resolutions addressing PAC fee setting in1991, 2001, and 2007 Do not reflect current rates or rate setting practices ◦Ticket prices and rental fees have been set by PAC Supervisor Based on market value to Remain competitive Attract larger audiences Background Current Ticket Prices Category Base Price ($) A Fees ($) B Total ($) (A+B) General Admission 24 2 26 Seniors 22 2 24 Students 20 2 22 Children 14 2 16 Table 1 -Non-Musical Individual Performance Current Ticket Prices Category Base Price ($) A Fees* ($) B Total ($) (A+B) General Admission 34 2 36 Seniors 32 2 34 Students 28 2 30 Children 16 2 18 Table 2 -Musical Individual Performance Local theatre musical general admission prices: 6th Street Playhouse -$39 Cinnabar -$44 Lucky Penny -$40 *Facility Fee Average General Admission -$41 (41) Current Ticket Prices Category Trendsetter ($) Don’t Fence Me In ($) Just Can’t Commit ($) General Admission 145 155 87 Seniors 135 145 82 Students 120 130 76 Table 3:Subscription/Season Ticket Pricing Last adopted by City Council in 2007 ◦Additional changes made since that time for: Equipment Upgrades Technical Elements Staff Costs Box Office Fees ◦Rental rates are low in comparison to other similar facilities. Staff would like to increase to bring up to market rate Facility Rental Rates Options Considered Option 1: Adopt a resolution of current PAC fees and delegate authority to City Manager or designee to set future fees. Staff Recommendation. Option 2: City Council could choose another method to adopt PAC ticket and rental fees. ITEM NO. 9 1 Meeting Date: January 8, 2019 Department: Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Cindy Bagley, Community Services Manager Angela Beran, Management Analyst Agenda Title: Discussion and Direction regarding Approving Current Spreckels Performing Arts Center Fees and Authorizing the City Manager or Designee to Set Prices In the Future Based on Market Value RECOMMENDATION Provide staff with direction regarding approving current Spreckels Performing Arts Center fees and authorizing the City Manager or designee to set prices for individual tickets, season tickets, and rental rates in the future based on market value. BACKGROUND: As a publicly funded theatre with a goal to lower the burden to the General Fund, fees for tickets to Spreckels Theater Company (STC) productions held at the Spreckels Performing Arts Center (PAC) are at a rate less than other nearby cities to attract a larger audience, but high enough to support the direct operating costs of the productions themselves. In addition to STC productions, the PAC is rented to outside performance-based businesses and non-profits. These rentals give the PAC a substantial boost in revenue each year. Currently, there are three resolutions that serve as policies for the pricing of individual and subscription ticket pricing and facility rentals. These resolutions are dated back to 1991, 2001 and 2007, and do not reflect current practice. The most recent of the resolutions, Resolution 2007-163, was adopted on September 25, 2007 and is the last time City Council adopted Facility Use Fees (rental rates) for the PAC. Resolution 2001-136 was adopted on June 26, 2001 and is the last time City Council adopted individual and subscription ticket pricing for the PAC. During the last 17 years, the PAC fees have increased upon approval by the City Manager. Although facility rental fees do not technically require a public hearing or City Council approval, the previous adopted resolutions indicate that City Council has been involved in this practice at some point in the City’s history. The purpose of this report is to seek City Council approval to formally adopt, by resolution, the current practice of fee setting at the PAC by giving the City Manager, and/or his or her designee the authority to approve and change fees. ANALYSIS: Within the last decade or longer, PAC ticket fees have been set based on industry standard/market standard or slightly lower. The Codding Theatre is one of the larger theatres in Sonoma County, seating 500 patrons. The purpose of setting ticket prices slightly lower than another Sonoma Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 9 2 County theatre showing the same production, is to attract a larger crowd. Ticket prices are not drastically reduced in price in comparison to other local theatres because it could create a perception that the quality of the production is not as strong as other theatres. A $2 facility fee is attached to each ticket that is sold at the PAC. These fees go into a special revenue account and can only be spent on maintenance and improvements to the facility itself. Table 1 and Table 2 below illustrates the current ticket prices for non-musicals and musicals with the inclusion of the $2 facility fee: Table 1: Non-Musical Individual Performance Ticket Pricing Category Base Price ($) A Fees ($) B Total ($) (A+B) General Admission 24 2 26 Seniors 22 2 24 Students 20 2 22 Children 14 2 16 Table 2: Musical Individual Performance Ticket Pricing Category Base Price ($) A Fees ($) B Total ($) (A+B) General Admission 34 2 36 Seniors 32 2 34 Students 28 2 30 Children 16 2 18 As one comparison, the total cost for general admission to musicals in other local theatres are as follows: • 6th Street Playhouse - $39 • Cinnabar - $44 • Lucky Penny - $40 Ten to 15 years ago, the PAC offered season ticket packages which provided patrons options for buying multiple tickets at discounted rates. After the economic downturn, season ticket packages were no longer being offered. Season ticket packages are common practice in the arts, sports, and entertainment industry to increase attendance (and increase revenue). Recently, staff developed three new season ticket packages for patrons, and the pricing is summarized below in Table 3. Table 3: Subscription/Season Ticket Pricing Category Trendsetter ($) Don’t Fence Me In ($) Just Can’t Commit ($) General Admission 145 155 87 Seniors 135 145 82 Students 120 130 76 ITEM NO. 9 3 The “Trendsetter” is an opening weekend package for patrons who want to see shows the first weekend of the run. Package includes 6 tickets, one for each show in the 2018/19 season, but may be used opening weekend only (Friday, Saturday or Sunday). The “Don’t Fence Me In” is a package of 6 tickets, one for each show in the 2018/19 season that may be used for any performance within the run of a show. The “Just Can’t Commit” is a package of 3 tickets, including one ticket to each of two musicals and one non-musical production where the patron is able to choose which shows and the dates. Resolution 2001-136 adopted formal ticket and rental rates, but did not include guidance for the process to adjust fees in the future. In the recent past, the Performing Arts Center Supervisor has approved PAC ticket prices. The rental rates at the PAC were last adopted in 2007 by Resolution 2007-163. Since 2007, there have been additional changes to some of the Technical, Equipment, Staff, and Box Office Fees. The PAC rental fee rates are trending low in comparison to other similar facilities. Staff needs to update the fees for rentals at the PAC, but the current resolution does not give that authority to staff. In order to conform to best and current practices, staff is proposing to formalize, by resolution 1) current pricing levels for tickets and rental rates, and 2) modernizing the PAC pricing procedures by allowing the City Manager, or his or her designee, the authority to adjust ticket and rental rates reflective of current market standards. STRATEGIC PLAN ALIGNMENT The changes to the Performing Arts Center fee setting procedures is in line with Strategic Plan GOAL B: Achieve and maintain financial stability and GOAL C: Ensure the effective delivery of public services. FISCAL IMPACT The fiscal impact of adopting this resolution is currently unknown, but believed to increase revenue in future years. OPTIONS CONSIDERED PAC Fee Setting: Option 1: City Council could direct staff to bring back a resolution formally adopting current PAC fees and to delegate authority to the City Manager, or his or her designee, to set PAC tickets and rental fees based on an approved range and current market value. Doing so allows staff to research local theatres and adjust pricing to reflect market standards, which could increase revenues at the PAC. Staff recommends this option. Option 2: City Council could choose another method to adopt PAC ticket and rental fees. For example, the City Council could require staff to bring a report to City Council with proposed rates annually for approval by the City Council. This does not leave staff with flexibility to adjust pricing based on show type (musical vs. non-musical), theater size, and other market considerations in an efficient manner. Staff does not recommend this option. Department Head Approval Date: 12-20-2018 J. McArthur City Attorney Approval Date: 11-26-2018 S. Rudin Human Resources Approval Date: N/A V. Perrault Finance Director Approval Date: N/A B. Howze City Manager Approval Date: 12-31-2018 D. Jenkins Exhibit A 1 Spreckels Performing Arts Center 2018-19 Season Ticket Pricing Non-Musical Individual Performance Ticket Pricing Category Base Price ($) A Fees ($) B Total ($) (A+B) General Admission 24 2 26 Seniors 22 2 24 Students 20 2 22 Children 14 2 16 Musical Individual Performance Ticket Pricing Category Base Price ($) A Fees ($) B Total ($) (A+B) General Admission 34 2 36 Seniors 32 2 34 Students 28 2 30 Children 16 2 18 Subscription/Season Ticket Pricing Category Trendsetter Don’t Fence Me In Just Can’t Commit General Admission 145 155 87 Seniors 135 145 82 Students 120 130 76 2 Spreckels Performing Arts Center Facility Use Fees Codding Theatre – 511 Seats Condiotti Theatre – 100-125 Seats Events Room/Kitchen, 4 Hours Service Bar/Lobby, 3 hours Event/Performance – 5 Hours Set Up/Rehearsal - 4 Hours Friday - Sunday Friday - Sunday Category 8am – 4pm 4pm – 12am Category 8am – 4pm 4pm – 12am 1 -$ 525$ 655$ 1 -$ 260$ 385$ 2 -$ 630$ 815$ 2 -$ 285$ 415$ 3 -$ 760$ 945$ 3 -$ 310$ 465$ 4 -$ 920$ 1,075$ 4 -$ 355$ 525$ 5 930$ 7,105$ 1,210$ 5 285$ 390$ 575$ 6 1,140$ 1,315$ 1,525$ 6 390$ 475$ 725$ 7 1,770$ 1,945$ 2,075$ 7 525$ 750$ 1,085$ 8 2,085$ 2,260$ 2,625$ 8 615$ 760$ 1,335$ Monday – Thursday Monday – Thursday Event/Performance – 5 Hours Set Up/Rehearsal - 4 Hours Friday - Sunday Friday - Sunday Category 8am – 4pm 4pm – 12am Category 8am – 4pm 4pm – 12am 1 -$ 190$ 220$ 1 -$ 65$ 90$ 2 -$ 200$ 230$ 2 -$ 80$ 100$ 3 -$ 210$ 260$ 3 -$ 100$ 110$ 4 -$ 220$ 270$ 4 -$ 105$ 120$ 5 195$ 230$ 285$ 5 95$ 110$ 145$ 6 210$ 250$ 310$ 6 110$ 120$ 170$ 7 245$ 275$ 325$ 7 130$ 160$ 200$ 8 285$ 330$ 385$ 8 160$ 205$ 260$ Monday – Thursday Monday – Thursday 3 10% reduction in space rental fees for City of Rohnert Park resident companies, businesses, agencies, etc. in categories 1-6. Technical, Equipment, Staff, Box Office Fees Friday - Sunday Friday - Sunday Category 8am – 4pm 4pm – 12am Category 8am – 4pm 4pm – 12am 1 40$ 55$ 115$ 1 40$ 55$ 115$ 2 50$ 75$ 140$ 2 50$ 75$ 140$ 3 65$ 90$ 165$ 3 65$ 90$ 165$ 4 85$ 100$ 205$ 4 85$ 100$ 205$ 5 100$ 115$ 255$ 5 100$ 115$ 255$ 6 115$ 155$ 305$ 6 115$ 155$ 305$ 7 150$ 175$ 360$ 7 150$ 175$ 360$ 8 175$ 215$ 580$ 8 175$ 215$ 580$ Monday – ThursdayMonday – Thursday Marley Dance Floor 300$ Floor Microphone/ea per week 25$ Orchestra Pit adjustment 300$ Disco Ball (up or down)per week 25$ Orchestra Shell 300$ Monitor/ea per event 25$ Grand Piano per event 160$ Wireless Microphone/ea per day 25$ Upright Piano per event 100$ Spot Light per use 25$ Music Stand/ea per event 1$ Projection Package per event 300$ Music Light/ea per event 1$ Base fee - staff per hour 27.50$ Ground Row Lights per event 250$ Technical Orientations/ea 40$ Refundable cleaning deposit 200$ House Manager 25$ Box Office Per performance - Tickets/Set Up - Codding Theatre 75$ + 10% of gross sales out of Box Office Per performance - Tickets/Set Up - Condiotti Theatre 30$ + 10% of gross sales out of Box Office ITEM NO. 10 Meeting Date: January 8, 2019 Department: Administration Submitted By: Darrin Jenkins, City Manager and JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Discussion and Direction to Amend the City Council Protocols (the Established Procedural Rules for the Conduct of City Council Meetings and Council Business) RECOMMENDED ACTION: Discuss potential amendments to the City Council Protocols (Protocols) and provide direction to amend the Protocols and bring back for adoption by resolution. BACKGROUND: Prior to October 2008, Rohnert Park Municipal Code (RPMC) Chapter 2.08 and various resolutions set forth the procedural rules by which the Council conducted its meetings and city business. The City Council adopted Ordinance No. 807, which removed the procedural provisions from the municipal code and required the establishment of time and place for regular City Council meetings and City Council Protocols be adopted by resolution. At the same meeting the Council adopted, Resolution 2008-173, City Council Protocols (“Protocols”) and repealed conflicting and/or redundant resolutions, minute actions, and policies related to the Protocols. Since then, the Protocols have been amended to provide direction, clarification, and efficiency. ANALYSIS: The Protocols establish procedural rules for the conduct of Council meetings and business and serve as a valuable resource to guide staff on supporting Council. Staff has identified certain provisions that could benefit from updating to provide clearer direction and enhance efficiency. Potential updates are to sections: • IV. Public Hearings o A. “Noticed public hearings and appeals may not begin prior to 6:00 pm (Resolution 2010-47).” In an effort to increase City Council Meeting efficiency, staff is requesting City Council consider deleting this requirement. This would help eliminate the need to reorder the agenda or recess the meeting in order to reach 6:00 pm to hold a hearing; • VI. Community Relations and Policies o B.1. Honoring Residents and Other Worthy Persons. To be in alignment with current practice, staff requests certificates of recognition be added. For example: “Content may be changed after submission at the discretion of the City Manager. Once the Mayor approves the request, the proclamation, certificate of recognition, or resolution is either scheduled at an upcoming Council meeting, presented at an event or is picked up/mailed.” Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT 2 • XI. City Commissions, Committees, and Boards o A.2 Appointments to City Commissions, Committees, and Boards. Staff is seeking to clarify when to use the at-large appointment process. For example: “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 not divisible by five (5) members shall be selected by the Council as a whole on an at-large basis.” • XIII.D. Use of City Council Chamber o In an effort to keep Rohnert Park voters informed, staff is requesting City Council expand the use of the Council Chamber to include ballot measure forums. Council approved this use in August 23, 2016. For example: “The City shall allow the use of the Council Chamber for the conduct of candidate forums for election forums, whether for city, county, state, or national offices/ballot measures 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. (Candidate forums only.) 3. When the event is chaired and moderated in an impartial and objective way which is fair to all candidates/ballot measures.” STRATEGIC PLAN ALIGNMENT: Updating the Protocols is in alignment with Goal C- Ensure the Effective Delivery of Public Services. OPTIONS CONSIDERED: 1. Recommended Option: Direct staff to make revisions to the City Council Protocols and bring back for consideration a resolution approving the amendments. 2. Alternative 1: Direct staff to make other revisions to the City Council Protocols and bring back for consideration a resolution approving the amendments. 3. Alternative 2: Direct staff to not update the City Council Protocols. FISCAL IMPACT/FUNDING SOURCE: No fiscal impact is expected. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 12/28/18 Attachments (list in packet assembly order): 1. City Council Protocols sections with changes indicated 2. Resolution 2010-47 City Council Protocols Page 10 of 27 Amended 4/24/2018 by Reso. No. 2018-053 N. Reconsideration A motion to reconsider action taken by the Council may be made only on the day the action was taken. It may be made either immediately during the same session or at a recessed or adjourned session. The motion may be made only by one of the Councilmembers who voted with the prevailing side. This does not prevent a Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. O. Teleconferencing Any Councilmember who participates by teleconference will take all necessary steps to comply with the provisions of the Brown Act related to teleconferencing. All votes taken during a teleconferenced meeting must be by roll call. IV. PUBLIC HEARINGS A. Noticed public hearings and appeals may not begin prior to 6:00 pm (Resolution 2010-47). BA. General Procedure The Council procedure for the conduct of public hearings is generally as follows: 1. Staff presents its report. 3. Councilmembers may ask questions of staff if they so desire. 4. The Mayor opens the public hearing. See Section V.C for comment time limits. 5. The applicant then has the opportunity to present comments, testimony, or arguments. However, in the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide comments or testimony followed by comments by the applicant. 6. Members of the public are provided with the opportunity to present their comments, testimony or argument. 7. The applicant is given an opportunity for rebuttal or concluding comments. However, in the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide closing comments followed by the applicant. 8. The public hearing is closed. 9. The Council deliberates on the issue. 10. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed. 11. The Council deliberates and takes action. 12. The Mayor announces the final decision of the Council. CB. Time for Consideration Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will Attachment 1a City Council Protocols Page 15 of 27 Amended 4/24/2018 by Reso. No. 2018-053 indicate his/her comments and opposition or support for an agenda item on a speaker/comment card. During the public testimony of the item, the Mayor will indicate that the Council has received comment cards from (name of person) in support of the project or issue and comment cards from (name of person) in opposition of the project or issue. The minutes will reflect the Council’s receipt of comment cards in opposition and support of the project or issue. G. Repetitious or Dilatory Comments Prohibited A speaker will not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting his/her oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further. Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council. The time allocation for a designated spokesperson may be altered as provided herein. H. Waiver of Rules Any of the foregoing rules may be waived by majority vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved. I. Non Exclusive Rules The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. VI. COMMUNITY RELATIONS AND POLICIES A. Mayor to Act as Council Ceremonial Representative The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions. In the Mayor’s absence, the Vice Mayor assumes this responsibility. In both the Mayor and Vice Mayor’s absence, the Mayor will appoint another Councilmember to assume this responsibility. B. Honoring Residents and Other Worthy Persons It is the policy of the City Council to honor people and organizations who have contributed to the improvement or to the welfare of the City. Recommendations may be made by citizens to an appropriate commission, board, or committee or directly to the City Council. The Council may request the advice of a commission, Attachment 1b City Council Protocols Page 16 of 27 Amended 4/24/2018 by Reso. No. 2018-053 board or committee to determine merit or, if desirable, to hold a public hearing prior to a formal dedication. Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City. The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals. If any commissioner, board member, committee member, Councilmember, or citizen requests an accolade, the following procedure should be followed: 1. Incoming requests for a proclamation or resolution to be presented at an event or Council meeting are provided to the Mayor for approval. All requests are provided in writing four (4) weeks prior to event/Council meeting date and should include a draft proclamation or resolution. Content may be changed after submission at the discretion of the City Manager. Once the Mayor approves the request, the proclamation, certificate of recognition, or resolution is either scheduled at an upcoming Council meeting, presented at an event or is picked up/mailed. In the event that the Mayor is unable to attend an event, the Vice Mayor or a Councilmember will attend on behalf of the Council. 2. If a request for a proclamation or resolution is submitted with little verbiage, the requestor should be contacted and advised that a certificate of recognition is more appropriate for the occasion. 3. If a request for a proclamation or resolution is submitted where the subject matter is questionable as to its appropriateness, the Mayor will place the item on the agenda for Council consideration. 4. If a request for a perpetual plaque or award is submitted, the request will be directed to the appropriate commission, board, or committee for consideration and recommendation to the Council. 5. If a request for dedication of a municipal building, room, or facility, is submitted, the request will be directed to the appropriate commission, board or committee for public hearing. If after the public hearing the commission, board or committee recommends dedication to the Council, the Council will hold a public hearing prior to taking action on the dedication request. C. Councilmember Participation in Community Activities From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter. City Council Protocols Page 23 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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 ofnot divisible by 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 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 Attachment 1c City Council Protocols Page 25 of 27 Amended 4/24/2018 by Reso. No. 2018-053 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 electionelection forums, whether for city, county, state, or national offices/ballot measures 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. (Candidates’ forum only.) 3.When the event is chaired and moderated in an impartial and objective way which is fair to all candidates/ballot measures. 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. F.Approval for use of City Council Chamber for uses other than the above would have to be approved by the City Council at least two weeks prior to the event. XIV. FAILURE TO OBSERVE COUNCIL PROTOCOLS These protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such Attachment 1d RESOLUTION NO. 2010-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING 5:00 P.M. AS THE START TIME FOR REGULAR MEETINGS OF THE ROHNERT PARK CITY COUNCIL WHEREAS, on October 28, 2008, the City Council by Resolution No. 2008 -173 adopted City Council Protocols and re- established the time and place for its meetings as the second and fourth Tuesdays of each month commencing at 6:00 p.m. in the City Council Chamber, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California; WHEREAS, City Council Protocols section II.I, Standard Adjournment, establishes 11:00 p.m. as the hour of adjournment; WHEREAS, the City Council recognizes that due to recent budget and staff reductions, late meeting adjournments create an additional burden on staff members required to attend City Council meetings; and WHEREAS, for the reasons stated herein, the City Council desires to establish its regular meeting start time as 5:00 p.m. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that Regular Meetings of the Council shall be held the second and fourth Tuesdays of each month commencing at 5:00 p.m. in the City Council Chamber, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that noticed public hearings and appeals before the City Council may not begin prior to 6:00 p.m. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this I I th day of May 2010. CITY OF ROHNERT PARK ATTEST: t 6s ty Clerk ORN1R BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) Attachment 2 CASA Compact JANUARY 8, 2019 CASA Compact 15 Year Policy Package for Housing Crisis Creation of MTC & ABAB via Stakeholder Committees Requires new state laws to enact CASA Compact –Element 1 Just Cause Eviction Policy Fault and no-fault evictions Requires noticing and cure period Landlords pay relocation assistance CASA Compact –Element 2 Rent Cap 15-year period Annual max increase CPI+5% Applies to renter, not unit CASA Compact –Element 3 Rent Assistance and Legal Counsel Provide emergency rent assistance Provide legal counsel to tenants facing eviction CASA Compact –Element 4 Remove Second Unit Regulations Remove local regulations Allow multiple in multi-family homes Create small homes building code CASA Compact –Element 5 Minimum Zoning Near Transit Override local zoning 55 to 75 feet heights near train stations 36 feet heights near high quality bus stops CASA Compact –Element 6 Reform Housing Approval Process Places a number of restrictions on cities processing of applications Adds reporting requirements on cities Limits number of public hearings Changes impact fee setting processes CASA Compact –Element 7 Expedited Approvals and Incentives for Certain Projects Seeks CEQA exemptions Override & reduce local parking requirements Provide tax breaks CASA Compact –Element 8 Use Public Land for Housing Reforms surplus and underutilized land requirements Adds reporting requirements on cities Blanket zones all such properties for housing CASA Compact –Element 9 Funding and Financing $1.5 Billion per Year Proposes eight new taxes Sales, vacant homes, commercial development, gross receipts, jobs, & property Proposes two takes of city revenues Estimated $15 million per year for Rohnert Park CASA Compact –Element 10 Create Regional Housing Entity Implement CASA Compact Report progress Manage legal assistance Non-regulatory CASA Compact –Calls for Action Re-establish redevelopment Lower voter threshold for housing measures Reform on-line sales tax to point of sale Reform Prop. 13 to provide more to cities creating housing Provide funding for formerly homeless Grow and stabilize construction labor force CASA Compact JANUARY 8, 2019 ITEM NO. 11 Meeting Date: January 8, 2019 Department: Administration Submitted By: Darrin Jenkins, City Manager Agenda Title: Consideration of the CASA Compact, a 15-Year Emergency Policy Package to Confront the Housing Crisis in the San Francisco Bay Area RECOMMENDED ACTION: This is an informational item. The council may wish to make comments or develop a position regarding the CASA Compact. DISCUSSION: Attached is the CASA Compact, a 15-Year Emergency Policy Package to Confront the Housing Crisis in the San Francisco Bay Area developed by a “task force of elected and civic leaders convened by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC.)” The Compact strives to produce new housing units, preserve existing affordable housing units, and protect current residents from displacement. The Compact states “Implementation of the CASA Compact will require bills to be passed in Sacramento, it will require leadership from our new governor Gavin Newsom, it will require regional ballot measure campaigns in 2020 and the years beyond, it will require changes in transportation and housing policy-making at both ABAG and MTC, and it will require every local government in the Bay Area to do their part.” The Compact seeks to raise $1.5 billion per year from a variety of taxes and fees to “preserve our existing housing stock, subsidize the construction of more affordable housing, and provide assistance to tenants facing eviction.” It seeks to “create a new Regional Housing Enterprise to provide technical assistance to local governments, collect data to monitor our progress, and administer any new regional funds that might be approved.” Compact Elements The Compact proposes ten elements as described below: Element 1: Just Cause Eviction Policy – A region-wide policy requiring landlords to pay relocation assistance to tenants for no-fault evictions and state “just causes” for any termination of tenancy. Element 2: Rent Cap – Establish a Bay Area-wide rent cap that limits annual increases in rent to no more than CPI+5% in any year for the next 15 years. Requires annual notices of allowable rents. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 11 Element 3: Rent Assistance and Access to Legal Counsel – Provide access to free legal counsel and emergency rent assistance to low-income tenants facing eviction. Element 4: Remove Regulatory Barriers to Accessory Dwelling Units – Amend existing state ADU law to remove regulatory barriers imposed by local jurisdictions for ADUs and Junior ADUs, allow for multiple ADUs in multi-family homes, and create a small homes building code. Element 5: Minimum Zoning Near Transit – Neighborhoods surrounding rail stations would have minimum zoning of housing up to 55 feet tall (75 feet tall with a density bonus). Neighborhoods with “high quality bus service” would have minimum zoning of housing up to 36 feet tall on all residential, commercial, and institutional zones. Commercial parcels near job zones would be rezoned to allow housing. Element 6: Good Government Reforms to Housing Approval Process – Calls on state to adopt a number of restrictions and requirements on local jurisdictions including locking rules, fees and historic status at date of application; each jurisdiction to create and maintain up-to-date listing of all rules, codes, and standards that apply to residential development; no more than three public hearings on projects; impose uniform standards on impact fees; requires fee deferral programs and other restrictions. Element 7: Expedited Approvals and Financial Incentives for Select Housing – Calls on state to adopt CEQA exemptions and limit local jurisdictions review of certain projects; provides reduced parking requirements, tax breaks, and higher densities for certain projects. Element 8: Unlock Public Land for Affordable Housing – Calls on state to redefine definition of surplus and underutilized properties; require local jurisdictions to create and report an inventory of properties to the state; state housing department to refer cities to the Attorney General’s Office for infractions; allow residential development on all developable public land regardless of zoning; require annual reporting of disposal of public sites; and other reforms. Element 9: Funding and Financing the CASA Compact – Raise $1.5 billion in new revenue annually from property owners, developers, employers, local governments, and taxpayers to fund the CASA Compact. Please see Figure 9 on page 20 of the Compact for more details. Taxes vacant homes, parcels, new commercial development, gross receipts, employees, retail sales. Takes away revenue from local jurisdictions’ general funds. Element 10: Regional Housing Enterprise –Establish a regional leadership entity to implement the CASA Compact, track and report progress, and provide incentives and technical assistance. Create an independent board. Calls for Action In addition to the Compact Elements, the Compact includes Calls for Action asking the state to pass additional legislation to re-establish redevelopment, lower the voter threshold for housing funding measures, reform online sales tax collection to point of sale, reform Prop 13 to provide certain jurisdictions a higher share of property taxes, provide funding for housing formerly homeless people, and grow and stabilize the construction labor force. ITEM NO. 11 FISCAL IMPACT: The Compact’s proposed revenue sources would take about $200,000 of current revenue and $200,000 of future revenue per year from Rohnert Park. The other components of the Compact would add operating expenses, but the impact of those are unknown until the proposals are put into legislation. The Compact’s proposed revenue sources would take an estimated $15 million per year from Rohnert Park’s property owners, developers, employers, and taxpayers. The Compact calls for 25% of that to go to regional programs and 75% to go to county of origin. It is not clear how much of the regional or county levels funding would return to Rohnert Park. Department Head Approval Date: N/A City Manager Approval Date: N/A City Attorney Approval Date: N/A Attachments: 1. CASA Compact CASA COMPACT A 15 -Year Emergency Policy Package to Confront the Housing Crisis in the San Francisco Bay Area December 2018 The Committee to House the Bay Area Attachment 1 to Staff Report Table of Contents CASA Preamble ......................................................................................................................................................................... i Introduction ............................................................................................................................................................................. 1 Tenant Protections Compact Element #1: Just Cause Eviction Policy ................................................................................................................... 3 Compact Element #2: Rent Cap ..................................................................................................................................................... 5 Compact Element #3: Rent Assistance and Access to Legal Counsel ............................................................................. 7 Housing Inclusion and Capacity Compact Element #4: Remove Regulatory Barriers to Accessory Dwelling Units ................................................... 9 Compact Element #5: Minimum Zoning near Transit ........................................................................................................ 11 Compact Element #6: Good Government Reforms to Housing Approval Process ................................................. 13 Approval Process and Timeline Compact Element #7: Expedited Approvals and Financial Incentives for Select Housing ................................. 15 Compact Element #8: Unlock Public Land for Affordable Housing .............................................................................. 17 Funding and Coordination Compact Element #9: Funding and Financing the CASA Compact ................................................................................ 19 Compact Element #10: Regional Housing Enterprise ........................................................................................................ 21 Calls for Action Call for Action: Redevelopment 2.0 ............................................................................................................................................ 23 Call for Action: Lower the Voter Threshold for Housing Funding Measures ............................................................ 23 Call for Action: Fiscalization of Land Use................................................................................................................................. 23 Call for Action: Homelessness ...................................................................................................................................................... 24 Call for Action: Grow and Stabilize the Construction Labor Force................................................................................ 24 Local Best Practices Appendices Page i The Bay Area faces many pressing regional problems — traffic congestion, air pollution, the threat of earthquakes and other natural disasters, to name a few. But the housing shortage has reached crisis proportions. During our remarkable run of economic expansion since the Great Recession ended in 2010, the Bay Area has added 722,000 jobs but constructed only 106,000 housing units. With housing supply and demand that far out of whack, prices have shot through the roof and long-time residents as well as newcomers are suffering the consequences. In one of the wealthiest metropolitan areas on the planet, tens of thousands of our fellow citizens are ill-housed or not even housed at all. Many more families are just one missed paycheck away from eviction. While the recent wildfires have underscored the devastating effects of suddenly losing a home, the reality is that too many Bay Area residents face that situation every day. Our housing crisis is also a transportation crisis. Nearly 190,000 workers commute from outside the nine-county Bay Area to the business parks of Silicon Valley and the Tri-Valley, and more than 220,000 East Bay residents cross the toll bridges to the Peninsula every day. Driven by the search for reasonably-priced housing, these “super-commuters” are clogging the roads and transit systems that we all rely on. The Bay Area faces a housing crisis because we have failed at three tasks: (1) we have failed to produce enough housing for residents at all income levels; (2) we have failed to preserve the affordable housing that already exists; and (3) we have failed to protect current residents from displacement where neighborhoods are changing rapidly. These 3 P’s — Production, Preservation, and Protection — are not only the signposts of our collective failure, but they should be the focus of our future efforts to overcome the crisis we have created. What is CASA? Of course, it is the Spanish word for “house”. It is also the name of a blue-ribbon task force of elected and civic leaders convened by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). Its three Co-Chairs are Fred Blackwell of the San Francisco Foundation, Leslye Corsiglia of Silicon Valley @ Home and Michael Covarrubias of TMG Partners. The CASA Compact is a 15-year emergency policy package to confront the region’s housing crisis head-on. It includes a series of policy reforms that will allow the Bay Area to build more housing at all income levels while protecting tenants and low-income communities from unjust evictions and displacement. The Compact also includes a series of revenue recommendations needed to, preserve our existing housing stock, subsidize the construction of more affordable housing, and provide assistance to tenants facing eviction. Finally, the CASA coalition proposes to create a new Regional Housing Enterprise to provide technical assistance to local governments, collect data to monitor our progress, and administer any new regional funds that might be approved. The new enterprise will not have direct land use authority. These three R’s — Reform, Revenue, and Regionalism — form the crux of the CASA Compact. Animating our work has been a deep concern about how we grow housing in a more inclusive manner in all neighborhoods and not accelerate displacement in the most vulnerable communities. The Bay Area’s segregated housing patterns — both by race and by income — are a legacy of decades of discriminatory government policies and private sector lending practices. The CASA Compact contains specific protections for neighborhoods and residents most affected by that horrible history. And while the Compact was not designed to deal directly with all aspects of the region’s chronic homelessness problem, many of its elements should result in more and better options to shelter this particularly vulnerable segment of the Bay Area’s population. When Bay Area residents are polled about who is responsible for the region’s housing crisis, they spread the blame far and wide: it’s the businesses who CASA Preamble “The Bay Area is in a state of great peril today; CASA is the best chance to fix this crisis.” FRED BLACKWELL “Our goal is to reach consensus on big picture responses that will move the needle on housing affordability in this region.” LESLYE CORSIGLIA Page ii create all the jobs, it’s the developers who build the luxury housing, it’s local government officials who oppose new housing developments, it’s environmental and labor interests whose demands make new housing more expensive, it’s community groups who fear the changes that new development will bring. All those interests (and more) came together around the CASA table for the past 18 months. They worked in the spirit of finding common ground, working through entrenched differences and charting a course forward for the good of the region. The resulting Compact represents an interlocking series of agreements among the negotiating parties. Each signatory to the Compact pledges to support the entire agreement and all of its provisions. The signatories to the CASA Compact further pledge that their work will not stop when they put down their ceremonial pens. The real work will have just begun. Implementation of the CASA Compact will require bills to be passed in Sacramento, it will require leadership from our new governor Gavin Newsom, it will require regional ballot measure campaigns in 2020 and the years beyond, it will require changes in transportation and housing policy-making at both ABAG and MTC, and it will require every local government in the Bay Area to do their part. It is a commonplace to say problems that have been decades in the making can’t be solved overnight. But we can’t afford to take our time in confronting the Bay Area’s housing crisis. We need to make significant progress in the next 3–5 years. The CASA Compact is detailed, comprehensive, and actionable. Yet, the region’s housing challenge really boils down to a simple, quite personal question: shouldn’t our region be able to grow and prosper while also ensuring that our kids and grandkids can live as adults in the neighborhoods where they grew up? We say the answer is yes. CASA is about what kind of place our kids and grandkids will live in. “We must compromise, break down silos, and set aside differences for the greater good of the Bay Area.” 1 Introduction The recommendations in this Compact are the result of an intensive dialogue among the key interests who are collectively responsible for housing the Bay Area. Over the course of 18 months, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) convened a series of structured discussions with local government officials, developers, major employers, labor interests, housing and policy experts, social equity advocates and non-profit housing providers. The goal was straightforward but by no means simple: find common ground on a comprehensive set of solutions to the Bay Area’s housing crisis. CASA was led by three Co-Chairs (Fred Blackwell, Leslye Corsiglia and Michael Covarrubias), and Steve Heminger, Executive Director of MTC/ABAG. It was structured around a Technical Committee of policy experts and practitioners and a Steering Committee of elected officials, thought leaders and major employers. The Technical Committee’s role was to recommend actions for addressing the crisis. Those recommendations went to the Steering Committee for review, refinement and final approval. The CASA effort was supported and staffed by MTC/ABAG and a team of consultants. Profiles of the Co-Chairs and rosters for both the Steering and Technical Committees are included as appendices to this document. Phase One: Foundational Work (June 2017-Jan 2018) The first phase of the CASA process was focused on learning, sharing perspectives, and developing a framework for the process of developing the CASA Compact. Experts from UC Berkeley provided in-depth analysis of the many causes and consequences of the crisis, ensuring that all members of the Committees were operating from a shared base of knowledge. On the basis of this shared understanding, the Co-Chairs and Committee forged a detailed framework (shown as Figure A) to shape the CASA process and the ultimate Compact. The framework is organized around three principal outcomes, or ‘Three Ps’ as they became known in CASA parlance: (1) Increasing housing production at all levels of affordability, (2) Preserving existing affordable housing, and (3) Protecting vulnerable households from housing instability and displacement. Phase Two: Brainstorming Action Ideas (Jan-July 2018) Next, the Committees spent six months brainstorming and vetting upwards of 30 action ideas. This process was driven by workgroups who dedicated hundreds of hours to meeting, researching and drafting ideas. Community-based organizations and members of the public also participating in generating ideas. A series of listening sessions around the region solicited input from vulnerable households in identifying priority actions that CASA should consider. Members of the public also shared ideas and feedback through public comment. Each idea was written up and presented to the Technical Committee for vetting. The Committee members used a “gradients of agreement” tool to score each idea on a scale of 1-5. The Steering Committee reviewed and refined the most promising ideas that emerged from the Technical Committee. Phase 3: Crafting the Compact (Sept-Dec 2018) In the final phase, the Co-Chairs distilled the 30+ action plans into the Compact you see before you. This happened through an iterative process, with successive versions of the Compact presented to both the Technical and Steering Committees and refined based on their input. Phase 4, CASA Implementation CASA leadership and key members will continue to work in cross-sector coordination with State and local elected officials and agencies to implement the principles of the CASA Compact. Core Principles Over the course of this process, the participants forged an understanding around core principles that underpin the recommendations in this document. These include: 1. Shared responsibility: All sectors and interests should share the burdens and benefits of housing the Bay Area. 2. Inclusion everywhere: Find ways to include more housing at all income levels, in every jurisdiction. 3. Promote ‘Missing Middle’ housing types: Encourage the development of smaller homes that are more affordable by design and less likely to cause displacement. 4. Stabilize communities: Preserve the historic diversity and access to opportunity in the Bay Area. 5. Balance across the Three Ps: Individual components of the Compact should move forward together and avoid undermining each other. 6. Level the playing field: The Compact should create fair, more uniform standards for the housing development process, across the Bay Area. 7. Minimize administrative burden: We should minimize new administrative requirements and focus on strategies that can be implemented rapidly and efficiently. Figure A: The CASA Framework 3 Compact Element #1: Just Cause Eviction Policy Brief Summary: Ensure that all Bay Area tenants are protected from arbitrary evictions by adopting a region-wide policy requiring landlords to cite specific "just causes" (both fault and no-fault) for termination of tenancy, such as failure to pay rent or violation of lease terms. Require landlords to provide relocation assistance for covered no-fault evictions. Desired Effect: Just cause protects tenants from arbitrary evictions. Studies show that eviction can cause health issues, emotional trauma, school disruption for children, longer and costly commutes, and reduced wage earnings for adults. Just cause eviction protections promote tenant stability and limit eviction-related health consequences. See Figure 1 for recent eviction trends in San Francisco. References and Models: Action Plan 2.1; NJ state Just Cause Law; Large cities in CA (SF, Oakland, San Jose, LA) Detailed Proposal: Permissible causes for eviction: both fault and no-fault evictions should be allowable under a region-wide just cause policy. Fault eviction causes should include failure to pay rent, substantial breach of a material term of the rental agreement, nuisance, waste, or illegal conduct. No-fault causes should include owner move-in, withdrawal of unit from rental market (Ellis Act/condo conversions), unit unsafe for habitation, or demolition/substantial rehabilitation Coverage: just cause eviction standards should apply to all rental units except the following: • Government owned and government subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units (e.g., Section 8) • Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b) • Housing accommodations in nonprofit hospital, religious facility, or extended care facility • Dormitories owned and operated by an institution of higher education or a K-12 school • Tenant shares bathroom/kitchen with the owner who maintains principal residence there • Single owner-occupied residences including when the owner-occupant rents or leases 2 units (including ADU and JADU) or bedrooms • Resident-owned nonprofit housing Waiting Period: the protections should apply only after a tenant has been in occupancy (with or without a lease) for at least 12 months. All existing tenancies should be subject to these protections, effective immediately upon the policy being signed into law. Notice Requirements: owners should be required to provide notice to tenants at the beginning of each tenancy as to tenant rights with copy of lease. This notice should be in the form of a lease addendum that is signed by the tenant at the time the lease is signed. The grounds for eviction should be set forth in the notice to terminate tenancy. If the reason for the termination is a curable lease violation, the owner should be required to provide an initial notice with an opportunity to cure before the notice of termination. If the lease violation is related to specific illegal activity that presents the potential for harm to other tenants, there should not be a right to cure. Separate provisions should be made for domestic violence situations. Relocation Assistance: relocation assistance should be provided in all covered no-fault causes where tenants have been in occupancy for at least 12 months, except in cases where the owner is moving into the unit. At time of service of notice to quit, the landlord should notify the tenants of their right to relocation assistance and provide payment directly to the tenant. The amount of relocation assistance should be tiered based on number of bedrooms (see San Jose example). Relocation assistance should be available to all qualifying tenants regardless of income. Preemption of Local Ordinances: this law should not preempt more restrictive local ordinances. Figure 1: Low-Income Renters in 2016 and Sensitive Communities 5 Compact Element #2: Rent Cap Brief Summary: Establish a Bay Area-wide rent cap that limits annual increases in rent to a reasonable amount. Desired Effect: A rent cap would prevent extreme increases in rent on a year-to-year basis, thereby decreasing the number of households who are at risk of displacement and homelessness, decreasing the number of households who are rent burdened, and promoting tenant and community stability. Extreme rent increases can pose a particular burden for tenants who are low and fixed income. Can be extended after the emergency period. Figure 2 maps the many Bay Area communities at risk of displacement. References and Models: Action Plans 1.1, 1.2, 1.3; Existing State Anti-Gouging Law in States of Emergency Detailed Proposal: Cap on Annual Rent Increase: for an emergency period (15 years), no landlord should increase rent by more than CPI+5% in any year of tenancy. The notice of allowable rent increase should be provided annually. Vacancy Provision: the cap on rent increase should apply to the renter, not the unit. Coverage: the following unit types should be exempt from the cap: • Affordable housing properties governed by regulatory agreements; • ADUs on owner-occupied properties; • Dormitories. Pass-Throughs, Banking and Capital Improvements: if rent has declined or if landlord has not increased rents for several consecutive years, landlords should be able to bank those unused rent increases for 3-5 years. When drawing upon banked rent increases, landlords should not be allowed to increase rents more than 10-15% annually. A landlord should be able to pass through actual operating expense increases including water and sewer, wastewater, trash, electric and gas using industry standards such as the RUBS system (Ratio Utility Billing System). The costs of capital improvements inclusive of a 4% return on investment that are necessary to maintain the building(s) with reasonable upgrades and maintenance items to address health and safety, shall be allowed to be passed through to tenants on an amortized basis, per IRS standards. Preemption of Local Ordinances: this law should not preempt more restrictive local ordinances. State of Emergency: rent cap shall be evaluated before any extension is granted to study impact of rent cap on housing market overall. Administration: This Compact Element will likely require some type of oversight function. Figure 2: Map of Displacement Risk 7 Compact Element #3: Rent Assistance and Access to Legal Counsel Brief Summary: For low-income tenants facing eviction, provide access to free legal counsel and emergency rent assistance. Desired Effect: Access to a lawyer can be the difference between losing a home and keeping it. Ensuring that all tenants facing eviction have access to legal counsel would create a fairer justice system; prevent evictions and homelessness; improve health, stability, and opportunity for thousands of residents including children; and preserve existing affordable housing. Non-payment of rent is the leading cause of evictions in the Bay Area. Figure 3 shows rent increase trends in the Bay Area. An emergency rent assistance program would assist in cases where tenants have an urgent, temporary financial gap. It would help tenants stay in their homes, preventing evictions, periods of marginal housing, and homelessness for households at risk of eviction due to financial instability. There is a recognition of the importance of keeping people housed, and a significant portion of funding identified to help with housing instability will likely be earmarked to emergency rental assistance. This Compact Element is not intended to supersede any local government programs that might be more expansive than what is contemplated herein. References and Models: Action Plans 3.1 and 4.1; SF Prop F (June 2018); New York City; Santa Clara County Emergency Assistance Network Detailed Proposal: Legal Representation: all tenants who are faced with legal proceedings to evict them from their residence should have access to legal counsel, except when eviction proceedings are brought by a landlord or master tenant who resides in the same dwelling unit or property with tenant. The term “legal representation” should mean full scope representation provided to an individual by a designated organization or attorney which includes, but is not limited to, filing responsive pleadings, appearing on behalf of the tenant in court proceedings, and providing legal advice. Emergency Rent Assistance: low-income tenants facing eviction and homelessness due to non-payment of rent should be eligible to receive emergency rent assistance. This assistance should be targeted to tenants who have an urgent, temporary financial gap and are at high risk for becoming homeless if evicted. The Regional Housing Enterprise (see Compact Element #10) should establish guidelines and policies for administering the program, including how to determine eligibility. The regional agency should identify, fund and oversee local service providers (public or non-profit) to carry out the program. Cap on Assistance: the amount of total assistance should be capped at $5,000 - $10,000 per tenancy. Landlord Obligation: landlord obligation should be limited to providing an addendum notice of this access in lease and eviction notice. Landlord should have no payment or any other obligations. If a tenant fails to seek legal counsel, it will not impede eviction proceedings for landlord. Means Testing: emergency rental assistance should be limited those whose incomes do not exceed 80% of AMI. Legal services should be provided to all qualifying tenants regardless of income. Funding: generate significant funds through Compact Element #9 to fund regional access to legal counsel and emergency rent assistance. Pro-bono counsel for tenants shall be encouraged. Figure 3: Map of Rent Increases, 2010-2016 9 Compact Element #4: Remove Regulatory Barriers to ADUs Brief Summary: Extend current Bay Area best practices regarding Accessory Dwelling Units (ADUs) to every jurisdiction in the region. Amend existing state ADU law to remove regulatory barriers including ministerial approval for ADUs and Junior ADUs in residential zones, allowance for multiple ADUs in multi-family homes, and creation of a small homes building code (AB 2890 Ting). Desired Effect: Existing single-family homes make up a significant portion of the region’s land base. Local best practices in the region today allow both an ADU and Junior ADU on single family lots and multiple ADUs in existing multi-family buildings with ministerial approval. See Figure 4 for a prototypical ADU. Expanding these best practices regionwide would allow for a rapid increase in more affordable homes, and would help stabilize cost-burdened homeowners by creating a new source of income. If 20% of the region’s 1.5 million single-family homeowners choose to build an ADU, this policy could create 300,000 new homes distributed throughout existing neighborhoods. This includes about 50,000 new units in Priority Development Areas alone. References and Models: Action Plans 10.3, 10.4; UCB Chapple 2014; UCB Terner Center 2017; Legislative history SB 1069, AB 2890; Arlington VA, Portland OR, Seattle WA, Vancouver BC, State of Oregon Tiny Homes Code. Detailed Proposal: Local Standards for ADUs (see AB 2890 Ting): new state law should require local jurisdictions in the Bay Area to encourage the creation of ADUs as follows: • Require ministerial approval for both an ADU and a Junior ADU (JADU) in all residential zones including in rear yards or by division of existing homes into two units; • ADUs receiving ministerial permits should not be used for short-term rentals; • Encourage forgiveness of code violations (except health and safety) in grandfathered ADUs; • Apply the Housing Accountability Act’s provisions for determining project consistency. Sprinklers should be required for ADUs if required under the building code for comparable home construction. Use of unlicensed contractors under “owner builder” permits shall be discouraged by requiring that a statement of owner liability be provided when building permit is issued. Impact Fees: require impact fees for ADUs and tiny homes to be charged on a per-square-foot basis and (2) only on net new living area over 500 sq. ft. per accessory unit. Small and Tiny Homes Building Code: state law should create a building code for small homes and wheeled homes to reduce non-safety code requirements that disproportionately make small homes and tiny homes infeasible including energy standards, appliance and room sizes, and similar. Life-safety standards must be upheld. Owner Occupancy: Local jurisdictions should be encouraged to adopt owner occupancy requirements for properties containing ADUs. If owner occupancy is required, reasonable annual monitoring programs that rely on existing published documents should be established. Figure 4: Prototypes for Accessory Dwelling Units 11 Compact Element #5: Minimum Zoning near Transit Brief Summary: this element includes three components. In neighborhoods served by high quality bus service, establish minimum zoning on all residential, commercial, and institutional zones to allow ‘missing middle’ housing types up to 36’ tall. In neighborhoods surrounding the region’s major transit stops (rail stations and ferry terminals), establish minimum zoning to allow midrise residential housing up to 55’ tall (75’ tall with a density bonus). Allow sensitive communities to defer rezoning above 36’ while they develop context-sensitive plans. On large commercial-zoned parcels located near job centers, make housing an allowable use. For projects with 20 units or more, require inclusion of affordable units. Desired Effect: This policy would create an inclusive mix of homes near transit and jobs, consistent with the goals of Plan Bay Area. It would spur the development of ‘missing middle’ housing types that are within reach of working families and blend into existing neighborhoods. This type of housing is common in pre-war neighborhoods of the East Bay and Peninsula but has largely been zoned out of existence in recent decades. References and Model Policies: SB 827 (Wiener, 2017). CASA Action Plans 8.2, 10.3, 10.5, 10.6 Detailed Proposal: Minimum Zoning Near Transit: the state should establish minimum zoning for housing in neighborhoods served by existing high-quality transit as follows: • High quality bus service: Residential uses up to 36’ tall with development standards (such as lot coverage, setbacks, density limits, and maximum unit size) should be allowed within ½ mile of bus stops with at least 15-minute headways at peak periods and 30-minute headways on weekends (as defined in SB 827). • Major transit stop: Residential uses up to 55’ tall (75’ tall with density bonus) that have development standards similar to those above (such as lot coverage, setbacks, density limits, and maximum unit size) should be allowed within 1/4 -mile radius of major transit stops (rail stations and ferry terminals). Development standards such as setbacks, unit sizes and lot coverage requirements should apply. Neither development standards nor other zoning and design controls should mandate densities lower than those prescribed above. These shall not be used to reduce density where higher local standards or plans apply. Housing Overlay on Large Low-Density Commercial Sites: the state should establish minimum zoning for housing on low-density commercial sites above a certain acreage that are located within the transit areas defined above. Tenant Protections and Preservation: All sites rezoned under this policy should be subject to tenant protections, demolition controls and no net loss provisions. Sites occupied by a mobile home park, public housing, or Single Room Occupancy (SRO) built prior to the effective date of the enabling legislation should not be eligible for rezoning. Affordable Housing Requirements: onsite affordable housing should be required at levels not less than state density bonus law. Projects with 10-20 units should have the option to pay an in-lieu fee. This in-lieu fee should be deferred or waived for units that are sold or rented at or below missing middle income levels. This fee should be imposed at the time of sale. Funds generated by this fee should be deposited into a local or regional housing fund. Sensitive Communities: if a major transit stop is located in or adjacent to a sensitive community, up-zoning above 36’ should be automatically deferred for a period of 3 years while the jurisdiction develops a context-sensitive plan for that community. The deferral period should be extended beyond 3 years where good faith planning efforts are underway. If the community so chooses, it may opt into up-zoning to 55’ without a deferral period or community plan. The decision to opt in should be made by the local legislative body (city council or board of supervisors) and must involve consultation with residents of the sensitive community and at least one public hearing. Sensitive community areas represent the intersection of disadvantaged and vulnerable communities as defined by the following Bay Area regional agencies: MTC and the SF Bay Conservation and Development Commission (BCDC). See Figure 5 for the map of these Transit Access and Sensitive Community Areas. Labor Standards: The residential development shall comply with all applicable labor, construction, employment, and wage standards otherwise required by law and any other generally applicable requirement regarding the approval of a development project, including, but not limited to, the local government’s conditional use or other discretionary permit approval process, the California Environmental Quality Act, or a streamlined approval process that includes labor protections. Figure 5: Map of Transit Access and Sensitive Community Areas 13 Compact Element #6: Good Government Reforms to Housing Approval Process Brief Summary: Establish ‘good government’ standards for the entitlement and permitting of zoning-compliant residential projects. Require transparency and consistency in how residential impact fees are set and enforced. Figure 6 shows how complicated the approval process for housing can be in California. Desired Effect: Research by the UC Berkeley Terner Center for Housing Innovation demonstrates that local government impact fees and inclusionary requirements, when combined with regulatory uncertainty and record-high construction costs, have made it economically infeasible to build a standard mid-rise housing project in many parts of the Bay Area. The American Planning Association recommends that local governments should restore direct reliance on adopted plans and create transparency, predictability, reliability and timeliness to the housing approvals process. References and Model Policies: CASA Action Plan 12.1; Terner Center Report on Fee Costs; Berkeley Law Land Use Study; Roseville fee transparency Detailed Proposal: Standards for Processing Zoning-Compliant Residential Applications with Fewer than 500 Units: local jurisdictions should be required to process zoning-compliant residential development applications in accordance with the following standards: • Each jurisdiction should create and maintain an up-to-date listing of all rules, codes and standards that apply to residential development applications. This information should be made available online and in print. • Rules, fees and historic status should be locked at the date of application completeness which shall be defined as providing only the elements on the agencies written application material. • The jurisdiction should require no more than three de novo public hearings on a zoning-compliant residential application. • Building permits should expire if not used in 24 months, with flexibility to adapt to changing economic conditions and other extenuating circumstances. • Jurisdictions should apply the Housing Accountability Act’s standards for project consistency and remedies Standards for Impact Fees: state law should create a set of uniform standards and requirements for Bay Area jurisdictions to follow when imposing impact fees on new residential development, as recommended by the UC Berkeley Terner Center: • Every jurisdiction should conduct a comprehensive review and assessment of their fees to better understand the aggregate costs imposed. • When determining the amount of fees to charge to new residential projects, jurisdictions should adhere to a standardized methodology and set of objective standards, rather than the current “reasonableness” test which is overly broad. • Every jurisdiction should create and maintain an up-to-date fee schedule in a publicly accessible format. • Adopt fee deferral programs which allow builders to pay some fees later in the development process. Standards for Inclusionary Zoning: state law should establish that programs which require inclusion, such as density bonus, local inclusionary requirements, housing impact fees and in-lieu fees, should not be additive. Require that in-lieu fees should be an option for fulfilling inclusionary requirements imposed without the density bonus. Existing local policies should be grandfathered in. Standards for Downzoning and Moratoria: the State should create standards that govern the circumstances in which local governments downzone or impose building moratoria in existing or planned residential neighborhoods in urbanized areas. Such actions run counter to state housing law and should only be undertaken to address an immediate crisis, such as a health and safety hazard or protection of low-income families at risk of displacement. Report Impositions That May Suppress Housing above the Hard Cost of Housing Construction: jurisdictions should annually document all local agency impositions that increase the hard cost (excluding labor and materials) of housing construction, including fees and inclusionary zoning requirements. This information should be included in the jurisdiction’s annual Housing Element report. Figure 6: Typical Local Housing Approval Processes and Timeframes Source: the Terner Center for Housing Innovation, UC Berkeley, 2018, How does housing get approved? Midrise Project Larger project (35-50 units), public review and appeals process (discretionary) Checked for conformity & CEQA Staff work required (i.e. analysis, staff reports, etc)–CEQA documents prepared Plans submitted (including pre-submittal meeting) Public notification, public hearing Hearing Officer or Planning Commission Determination Appeals to Planning CommissionApproved, then appealed Project Approved! 15 Compact Element #7: Expedited Approvals and Financial Incentives for Select Housing Brief Summary: ensure timely approval of zoning-compliant housing projects and create financial incentives for enabling on-site affordability and prevailing wages. This streamlining policy will provide another option for projects that may not benefit from SB 35. This policy does not amend or replace SB 35. Allow Sensitive Communities to defer implementation while they develop a context-sensitive plan. Desired Effect: This policy would make it possible to build more housing projects while addressing the critical shortage of housing labor, curbing unsafe labor practices, and providing on-site affordability for missing-middle income ranges that aren’t eligible for other sources of subsidy. By harnessing future tax increment from the proposed housing development itself, local jurisdictions can get more affordable units built with less public subsidy. All taxing agencies will benefit from the multiplier effect of new construction beyond the project site. By providing expedited approvals, these projects will be approved and built more quickly. The intent of this element is that it does not overrule local inclusionary zoning. Models and References: SB 35 (Wiener,2017); New York tax abatement; Action Plans Referenced: 12.2, 12.3, 17.1, 17.2 Detailed Proposal: Streamlined Review Process: state law should create a new, expedited review process for residential projects that meet thresholds outlined below. These projects should be granted a statutory CEQA exemption and should be subject to a limited discretionary review process. Projects should be approved within one year and should be subject to no more than three de novo public hearings. Qualifying Projects: to qualify for streamlined review, projects should meet all of the following criteria: • Complies with existing zoning standards; • Located in an existing urbanized area; • Eligible sites as defined in SB 35; • Restricts at least twenty percent (20%) of onsite housing units to middle-income households through recorded long-term deed restrictions (that may range from 80% to 150% of AMI depending on localized rents and market conditions) with an average affordability not to exceed 110% AMI; • Provides prevailing wages and safe working conditions for all workers; • Utilizes apprentice labor to grow the construction workforce. • Complies with all proposed labor standards contained in SB 35 and shall include prevailing wages and trained apprentices to help grow the construction workforce. Financial Incentives to Offset Costs: qualifying projects should receive financial incentives to offset the costs associated with providing income-restricted housing units and higher wages. Incentives could include some combination of the following: • Fifteen years of property tax increment abatement, modeled on the New York City program. Abatement should be structured so that units rented or sold at missing middle prices (ie 150% AMI or less) receive full abatement, and units rented or sold above this shall receive a lesser abatement (ie 50% -75% abatement) • Cap impact fees at a reasonable level that allows project feasibility targeted to regional median • Density bonus of 35% • Parking reduced to 50% of local requirement (at the discretion of the developer) • Relief from strict liability standards for ownership housing Sensitive Communities: implementation of this policy in sensitive communities should be automatically deferred for a period of up to 3 years. During this time, the local jurisdiction should develop a context-sensitive plan for that community. The deferral period should be extended beyond 3 years where good faith planning efforts are underway. If a Sensitive Community so choses, it may opt to implement this policy effective immediately. The decision to opt in should be made by the local legislative body (city council or board of supervisors) and must involve consultation with residents of the sensitive community, and at least one public hearing. Sensitive community areas represent the intersection of disadvantaged and vulnerable communities as defined by the following Bay Area regional agencies: MTC, SF Bay Conservation and Development Commission (BCDC), and the Bay Area Air Quality Management District. See Figure 5 for the map of these Transit Access and Sensitive Community Areas. Figure 7: Regional Housing Production is Worst for the “Missing Middle” 17 Compact Element #8: Unlock Public Land for Affordable Housing Brief Summary: Promote increased utilization of public land (surplus and underutilized) for affordable housing through a variety of legislative and regulatory changes, as well as the creation of new regional coordination and planning functions. Desired Effect: Encourage the reuse of public land for creation of mixed-income/affordable housing by reducing barriers to development on public land. See Figure 8 for the largest public agency landowners near public transit. References and Models: Action Plans 16.1; 16.2; Puget Sound region including Seattle; Enterprise; MTC/ABAG Study. Detailed Proposal: Support reforms introduced in AB 2065 (Ting, 2017) • Respond to the issue of charter cities and the requirement that all cities comply with State surplus lands law • Create clear definition of “surplus” and “underutilized” • Require cities, counties, State agencies, and all public agencies to create a full inventory of their publicly-owned sites and report them to HCD. • Direct HCD to develop a statewide public lands database that will include all publicly-owned sites in the State of California, starting with a pilot in the Bay Area. The database will also include information on present uses. HCD would enforce a revised State Surplus Land Act with referral power to the Attorney General’s Office for infractions. Amend State Housing Element Law to: • Allow residential uses on all developable public land, regardless of zoning, by establishing a presumption in Housing Element Law that homes may be built on public land meeting certain criteria (e.g., not parkland). • Require that Housing Elements include a discussion of the jurisdiction’s policies and plans to encourage the development of affordable housing on these sites. • Require jurisdictions to report annually through housing element progress reports how they disposed of public and surplus sites. • State and regional agencies should give preference in screening and scoring projects for discretionary funds to public agency project sponsors that dispose of surplus lands for affordable housing. Regulatory and Process Changes • Require State agencies to comply with the State Surplus Land Act and make surplus and underutilized property available for affordable housing, including deploying 10% of underutilized/surplus property for affordable housing on an annual basis. • Amend State law time frames for surplus land disposition to expedite the process to no more than 24 months. • Competitive funding programs for affordable housing, including the Low-Income Housing Tax Credit (LIHTC) and Affordable Housing & Sustainable Communities (AHSC) programs, should reward additional points to projects that propose affordable development on public land. • The State of California should review its spatial guidelines for public facilities (i.e., schools) to evaluate potential for changes that could open up land for housing without compromising the quality of on-site public services. Labor Standards: public lands released for housing should include policies that help expand the trained labor pool available for housing construction including requirements for trained apprentices and prevailing wages. Exceptions to these requirements on should be made for temporary housing built to address an emergency, and for housing built with volunteer labor (see Labor Code § 1720.4). Temporary housing shall be defined as follows: Designed and constructed to be relocatable and transportable over public streets. • Floor area of 500 square feet or less when measured at the most exterior walls. • Sited upon a temporary foundation in a manner that is designed to permit easy removal. • Designed to be removed within three (3) years of installation. Figure 8: Top Ten Landowners for Publicly-Owned Parcels Suitable for Housing Near Transit Publicly-Owned Land Source: MTC Landowner Number of Parcels Total Acres Bay Area Rapid Transit (BART) District 91 229 Santa Clara Valley Transportation Authority (VTA)26 178 State of California 17 42 City/County of San Francisco 18 26 San Mateo County Transit District (SamTrans)11 18 Union City Community Redevelopment 6 15 County of Santa Clara 7 15 City of Oakland 19 10 City of San Jose 5 8 Suisun City 17 8 Total 217 548 19 Compact Element #9: Funding and Financing the CASA Compact Brief Summary: Raise $1.5 billion in new revenue annually from a broad range of sources, including property owners, developers, employers, local governments and the taxpayers, to fund implementation of the CASA Compact. While not all revenue ideas in Figure 9 will be implemented, no one sector would bear the burden on its own. No more than one revenue idea should be implemented under each of the five categories. Desired Effect: The Compact identifies a range of strategies to protect tenants, preserve affordability and produce new units. Many of the strategies, such as “Access to Legal Counsel,” building 14,000 new subsidized housing units annually, and preserving 26,000 market-rate units as permanently subsidized units for lower-income households, require an infusion of new revenue. References and Models: The entire CASA Compact Detailed Proposal: Funding gap: CASA estimates that the funding gap to implement the Compact is $2.5 billion per year over the next 15 years. CASA proposes to meet $1.5 billion of this deficit with regional and local self-help measures. The remainder would be funded from additional state and federal sources. Any regional impositions that duplicate similar local impositions shall be reduced proportionally. Potential sources: New revenue could be raised through fees or taxes. In principle, new revenue would be raised from a range of sources to spread the responsibility among different sectors of the economy. These sources may include property owners, developers, employers, local governments and taxpayers. CASA also recommends exploring with other stakeholders whether a ‘mega measure’ involving transportation and housing could be pursued. The Compact identifies a menu of options (for further details see Figure 9): A. Vacant Homes Tax levied on property owners; B. Parcel Tax levied on property owners (residential and commercial); C. Commercial Linkage Fee charged to developers; D. Gross Receipts Tax levied on employers; E. Head Tax levied on employers; F. Revenue Set Asides for Redevelopment Agencies (local governments); G. Revenue Sharing Contribution into a region-wide housing program for local governments; H. 1/4-cent Sales Tax; and I. General Obligation Bonds, reissued every five years. Allocation formula: new revenues would be allocated by the following shares: • Up to 10 percent for local jurisdiction incentives (including funding for hiring more building inspectors); • Up to 10 percent for tenant protection services; • Up to 20 percent for preservation; and • A minimum of 60 percent for subsidized housing production. Distribution formula: new revenues would be distributed by the following shares (total expenditures would still meet the allocation formula (see above), and be subject to objective performance standards and outcomes): • 75 percent to county of origin (return to source); and • 25 percent to a regional program (revenue-sharing). Labor Standards: public funding through CASA shall include a requirement for trained apprentices and prevailing wages. Projects under a certain size should be required to comply with existing wage and labor laws and standards. Administration: revenue collection and disbursement would be managed by the Regional Housing Enterprise (RHE) described in Compact Element #10). New revenue would be authorized based on fund source but may include state enabling legislation, a decision of the RHE board, or a vote of the people in the Bay Area. Figure 9: Funding Options 21 Compact Element #10: Regional Housing Enterprise Brief Summary: Establish a regional leadership entity to implement the CASA Compact, track and report progress, and provide incentives and technical assistance. The entity must be governed by an independent board with representation for key stakeholder groups that helped develop the Compact. The housing entity would not play a regulatory/enforcement role. Desired Effect: Existing regional agencies either do not have the mandate (for e.g., the Metropolitan Transportation Commission) or the resources/tools (for e.g., the Association of Bay Area Governments) to directly tackle the region’s pressing displacement and affordable housing crisis. The CASA Compact will set a bold region-wide agenda for addressing protection of existing tenants, preservation of existing affordable units and production of both market-rate and subsidized units. To implement this agenda, a broad coalition of stakeholders, who have helped shape the CASA Compact, must stay engaged with state legislative advocacy, building support for raising new revenue and financing programs, tracking and monitoring progress, keeping the public engaged, and taking a regional approach to challenges such as homelessness. A regional approach can balance inequities and imbalances across multiple jurisdiction that have to contend with varying market strengths, fiscal challenges and staff expertise. Models: New York City Housing Development Corporation (housing finance); Twin Cities (revenue-sharing) References: The entire CASA Compact Detailed Proposal: Board Structure and Governance: CASA recommends establishing a Regional Housing Enterprise (RHE) to coordinate and lead implementation of the CASA Compact. State law should establish an independent board, with broad representation to MTC, ABAG and key stakeholder groups that helped develop the CASA Compact. See Figure 10 for graphic depiction of RHE. Authority: the state should form the RHE through an act of legislation and give it authority to collect new revenue (through fees or taxes); disburse the revenue to programs and projects in the expenditure plans (consistent with the CASA Compact); purchase, lease and hold land; and provide direct assistance. The RHE will not have regulatory authority. Roles and Responsibilities Revenue administration and debt issuance – using the authority to levy fees and seek voter approval to impose taxes for housing, the RHE may collect and disburse new funding, issue debt based as needed, and allocate funding to protection, preservation and production programs, as laid out in the CASA Compact. Land leasing and disposition – the RHE may act on behalf of the related public agency to lease or purchase land for housing development and assemble parcels, when appropriate. The RHE may hold and bank land, based on market conditions. Monitoring and reporting – the RHE will coordinate with MTC/ABAG and local jurisdictions to collect specified data (including on local housing performance), conduct research and analysis, and disseminate information as part of its monitoring and reporting role. The RHE may also conduct evaluation of its program to improve stated CASA outcomes. Enhanced technical assistance – the RHE may coordinate with MTC/ABAG to provide extensive support and technical assistance to local jurisdictions (especially smaller jurisdictions with limited staff capacity), education and awareness for stakeholders (such as tenants and landlords), and communication materials for the broader public. Oversight of protections programs – while the RHE will not have an administrative role in implementing tenant protection policies, the board would provide oversight when allocating funding. Staffing: the RHE will be supported by the consolidated staff of MTC/ABAG, with additional staff added in specialized areas such as debt issuance, land leasing and disposition, financing projects, etc. Administration: this state-enabled policy package in the CASA Compact will be implemented by the RHE. Some capacity would be needed at the local and county-level to implement the protection strategies. Figure 10: Regional Housing Enterprise 23 Calls for Action The CASA Compact sets a bold region-wide agenda for addressing the protection of existing tenants, preservation of existing affordable units and production of both market-rate and subsidized units. The CASA Compact Elements represent key reforms that were developed through an intensive 18-month process encompassing multiple stakeholders and constituencies. Supportive state action on the issues outlined below in concert with the implementation of the CASA Compact will fundamentally “turn the tide” on the Bay Area’s housing crisis. Call for Action: Redevelopment 2.0 Background: The elimination of redevelopment agencies in California severely restricted the production of affordable housing and market rate housing in the Bay Area. Prior to dissolution, redevelopment agencies in the region provided $200 million in annual funding for affordable housing that was highly leveraged with other funding sources. In addition, redevelopment agencies provided funding, expertise and infrastructure to advance the production of market rate housing in mixed-use, infill developments. CASA supports the development of a new redevelopment framework to advance the production of extremely low, very low, and low-income housing, and to leverage funding for mixed income, infill housing. CASA Call for Action: Pass legislation enabling the re-establishment of redevelopment in California to provide a significant source of new funding for affordable and mixed income development. Redevelopment agencies should be focused on development activities that are audited regularly, with local projects subject to state level reviews. A new redevelopment framework in California should reinforce a strong link between housing and jobs and transit. Funding should be designed to leverage other sources, including new regional funding through the implementation of the CASA Compact. References: The entire CASA Compact Call for Action: Lower the Voter Threshold for Housing Funding Measures Background: Bay Area voters have demonstrated — through their past approval of major transportation, school, housing, and water bonds — that they understand the importance of investing in the region’s future. Although Bay Area voters have passed a significant number of funding measures to expand the supply of affordable housing, on too many occasions an overwhelming majority of voters have supported new funding but the final tally fell short of the two-thirds majority needed for approval under current state law. When provided the opportunity, voters supported lowering the voter threshold for school bonds to a 55 percent vote. The well-being of California’s children was a motivating factor in lowering the voter threshold for school funding. Ensuring that future generations, our children and grandchildren, have the housing opportunities they will need to remain in the Bay Area is a central purpose of the CASA Compact. CASA Call for Action: Pass legislation that will provide voters statewide with the opportunity to apply a 55 percent threshold for investments in affordable housing and housing production. This legislative priority is critical to the successful implementation of the CASA Compact — and to the Bay Area’s prosperity and quality of life. References: The entire CASA Compact Call for Action: Fiscalization of Land Use Background: Under Proposition 13, local jurisdictions in California are “paid more” for commercial land uses than for housing. This “fiscalization of land use” is a central factor in the Jobs-Housing Imbalance that exists in the Bay Area resulting in long commutes, traffic congestion and a diminished quality of life for millions of Bay Area residents. The California Tax Code in effect punishes cities that build more housing and rewards cities that build commercial space without commensurate housing for workers and their families. To address the revenue imbalance related to new housing, jurisdictions have raised impact fees and other development requirements that make housing even more expensive so that cities and counties may maintain infrastructure and provide for the needs of existing residents. CASA Call for Action: Pass legislation that will return e-commerce/internet sales tax revenues to the point of sale - not the point of distribution as currently - to provide cities that have a significant residential base with a commensurate fiscal stimulus for new housing. Also pass legislation that will change the Proposition 13 property tax allocation formula to provide jurisdictions building more housing with a higher share of property tax revenue. 24 References: CASA Elements # 9 and # 10. Call for Action: Homelessness Background: The Bay Area has one of the largest and least sheltered homeless populations in North America. The proliferation of homeless encampments from select urban neighborhoods to locations across the region is the most visible and arguably disheartening manifestation of the Bay Area’s extreme housing affordability crisis. Although this is one of the most prosperous regions in the world, every night thousands of people sleep on our streets. The complexity and scale of homelessness in the Bay Area has increased exponentially as previously housed people including families with children, veterans, and senior citizens cannot find shelter. In the nation’s most expensive housing market, commonplace life circumstances (e.g. illness, job loss, and separation/divorce) result in too many of our neighbors being unable to afford monthly rent and resulting in a downward spiral to homelessness. CASA Call for Action: California is experiencing an affordability and housing crisis that is negatively impacting thousands of Californians. The work of CASA has endeavored to put forth a package of policy interventions to house the Bay Area. Homelessness is a humanitarian crisis that deeply impacting the entire Bay Area. CASA recognizes that homelessness is a regional issue that requires alignment across geographies in order to tackle this problem. CASA’s funding package must include resources that help produce housing for formerly homeless people, prevent homelessness when possible and make homelessness rare, brief and non-reoccurring. References: The following CASA Elements include measures to reduce the region’s unhoused population, provide more temporary options for homeless housing, and streamline approvals of permanent homeless housing developments which are often strongly opposed by project neighbors: CASA Elements 1,2,3 - Tenant Protections: Critical to stabilize households and reduce displacement from housing that has caused significant rapid rise in unhoused population CASA Element 4 – Accessory Dwelling Units (ADUs) /Tiny Homes: create more housing options for populations vulnerable to economic setback by allowing more of the smallest naturally affordable home types in every neighborhood including seniors or their family members, disabled family members, students, Section 8 recipients. CASA Elements 5, 6, 7- Up-zone and streamline to increase income restricted and market rate housing options and reduce displacement and upward rent pressure on existing homes and neighborhoods CASA Element 8 - Public land: encourage immediate disposal of more public land for affordable housing to create more sites and reduce the subsidy needed. CASA Element 9 - Public funding: More funding for the preservation and production of affordable housing, the provision for new tenant protection measures, and new permanent supportive housing Call for Action: Grow and Stabilize the Construction Labor Force Background: Growing the construction labor force and improving labor force productivity is critical to expanding the supply of housing. By increasing the safety and desirability of construction work, and thereby expanding the pool of available workers and contractors, we can grow the labor force without which we cannot increase housing production. The following are recommended by CASA as a starting point. We also recommend ongoing work to implement the CASA recommendations in a manner which creates an effective and coordinated regional and State response the need for a larger construction labor force. CASA Call for Action: 1. Grow the workforce by increasing apprentice training, placement, and payment of prevailing wages when direct public funding, public land, fee abatement, tax abatement, CEQA exemptions, and other fiscal/economic development incentives are provided for housing (Compact items 7, 8, 9). 2. Discourage the underground economy and require following of existing wage and workforce laws (Compact items 4, 5). 3. Create a CASA/State labor workgroup charged with coordinating implementation of CASA policies and needed labor force expansion consistent with CASA principles. 4. Call upon the State to use its workforce development and training programs to improve the construction employment pipeline and create improved pathways from secondary education into apprentice training programs. References: Compact Elements 4, 5, 7, 8 and 9. 25 Local Best Practices This section describes local best practices that are relevant to the CASA Compact. Protection, Preservation and Production (3-Ps) Framework While many jurisdictions in the Bay Area focus on one or two of three Ps, the City of Oakland was one of the first to codify the 3-P framework in a citywide policy developed through a multi-stakeholder process. The underlying policy outcome for Oakland was to address housing insecurity in a rapidly changing community that faces both historic disinvestment as well as very high displacement pressures. City of Oakland In 2016, the Oakland Housing Cabinet developed a comprehensive plan, called Oakland at Home – Recommendations for Implementing A Roadmap Toward Equity, to address the city’s chronic housing affordability and homelessness crisis. The plan outlines a three-pronged strategy to protect renters, preserve existing affordable housing by taking it off the speculative real estate market and produce more affordable and market-rate housing. The plan identifies several strategies under each “P” designed to significantly improve housing affordability in Oakland. CASA borrowed this concept from Oakland’s plan to form the three Ps framework. Rent Stabilization 13 jurisdictions in the Bay Area have adopted some form of rent stabilization policies. This section highlights two such examples, in the City of Richmond and County of Sonoma. City of Richmond In 2016, Richmond residents approved Measure L, which established the Richmond Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance. The ordinance applies to all multifamily properties, including duplexes. The annual rent increase is set at 100% of the Consumer Price Index. Landlords are required to file all notices of rent increase, termination of tenancy, and change of terms of tenancy notices with the Rent Program. Landlords and tenants may petition the Rent Board for an Individual Rent Adjustment. The city established a Rent Board, an appointed governing body, and a Rent Program Department to administer the program. The department is set up to function on a cost-recovery basis, with no financial assistance from the city’s general funds. Funding for the department comes from Rental Housing Fee, which must be paid by all Richmond Landlords on an annual basis. City of Santa Rosa and County of Sonoma On October 9, 2017, the Governor of California issued an Executive Order declaring a state of emergency in Napa and Sonoma Counties due to widespread damage caused by wildfires. California Penal Code section 396 prohibits price gouging (defined as increases over 10%) for necessary goods and services after the governor declares a state of emergency, including rental housing and hotels. The City of Santa Rosa adopted additional protections for tenants, which allow renters to file civil lawsuits for violations. The county also adopted protections for tenants in mobile home parks. In addition, the county adopted several Urgency Ordinances to address the immediate need for housing for persons displaced by the wildfires. The Urgency Ordinance allows: the use of recreational vehicles and trailers as homes, with an emergency temporary permit; a Safe Parking Program for RVs, trailers and campers, to be parked overnight on county-owned land (basic services such as bathrooms, showers, and warming stations are provided); year-round occupancy in seasonal farmworker housing; replacement schools and child care centers in specific zones without a use permit; and long-term rental of bed and breakfasts, inns, resorts. Just Cause Eviction Protections 10 jurisdictions in the Bay Area have already adopted some form of just cause eviction protections for renters. This section highlights one such example, in the City of East Palo Alto. City of East Palo Alto East Palo Alto has adopted both a Just Cause for Eviction as well as a Rent Stabilization Ordinance to protect tenants in the city from harassment and displacement due to rising market pressures on the city’s existing housing stock. The just cause policy applies to both mobile home parks and residential rental units, including single family dwellings. The ordinance identifies fourteen just causes for eviction, establishes a noticing and filing requirement (with the city rent board) and gives tenants the right to request documentation of all rent payments and charges. The program is funded entirely through fees, half of which are passed on to tenants. 26 Access to Legal Counsel City and County of San Francisco In June of 2018, San Francisco voters approved Proposition F that guarantee free legal representation for any renter facing eviction, regardless of income. Proposition F calls for full-scope representation within thirty days of an eviction notice or filing of an unlawful detainer action. San Francisco estimates that as many as thirty-five hundred tenants a year will be eligible for the free services, for which it earmarked $5.8 million over the first two years of the program. San Francisco also currently spends $4.4 million a year on eviction-related services such as counseling, education, outreach and basic no-cost or low-cost legal services. Rent Assistance 26 jurisdictions in the Bay Area provide some form of tenant assistance. This section highlights one such example, in the County of Sonoma. County of Sonoma Lastly, the county’s Home Tenant-Based Rental Assistance Program (TBA) provides rent subsidies to homeless families in shelters, survivors of domestic violence, seniors and persons with HIV/AIDS. Only very low-income individuals are eligible to receive this assistance. They are referred by emergency shelters, transitional shelters, non-profit service providers, the County’s Human Services Department and the Division of Adult and Aging Services. The TBA program is administered similarly to the US Department of Housing and Urban Development’s Section 8 program. Acquisition and Rehabilitation of Affordable Units 30 jurisdictions in the Bay Area have established some form of a preservation program to support acquisition, rehabilitation and protection of affordable units occupied by low-income renters. This section highlights one such example, in the City and County of San Francisco. City and County of San Francisco Launched by the Mayor’s Office of Housing and Community Development in 2014, San Francisco’s Small Sites Program (SSP) is an acquisition and rehabilitation loan program for small multifamily rental buildings. The program was created to protect and establish long-term affordable housing throughout San Francisco. SSP is funded through multiple sources, including voter-approved bonds, inclusionary housing fees, and the city’s Housing Trust Fund. As of May 2018, the program has acquired 160 units in 25 buildings, serving 327 residents that earn less than 65% of the Area Median Income. The units are located in the following neighborhoods: the Mission District, Downtown/Civic Center, South of Market, Castro/Upper Market, Haight Ashbury, Bernal Heights and Richmond. Homebuyer Assistance 28 jurisdictions in the Bay Area have established some form of a homebuyer program. This section highlights two such examples, in the cities of Napa and Oakland. City of Napa Napa’s Down Payment Assistance Program, funded with grants from the State of California Department of Housing and Community Development, provides assistance to lower-income first time home buyers in the form of a silent (deferred) loan of up to $150,000. To qualify, an applicant must meet income and credit restrictions and cannot have owned a home in the last three years. Homes must be located within city limits and cannot be bigger than 3 bedrooms and 2 baths. City of Oakland Hello Housing, a regional non-profit organization, has partnered with the City of Oakland and the Alameda County Treasurer-Tax Collector’s Office, to acquire and convert formerly blighted and tax-defaulted properties into permanently affordable housing for low-and-moderate income residents. Hello Housing and three local developers have acquired 26 vacant, a majority of which will be developed into single-family homes for ownership and two properties into multifamily affordable rental units to house approximately 15 to 20 families. Construction on the first homes is now underway with occupancy on many of the homeownership properties expected in late 2018 and early 2019. Permit Streamlining 50 jurisdictions in the Bay Area have adopted some form of permit streamlining policies. This section highlights two such examples, in the County of Sonoma and the City of San Jose. 27 City of Santa Rosa and County of Sonoma In the aftermath of the wildfires in Sonoma in 2017, the City of Santa Rosa adopted multiple policies to expedite the permitting process for those who wanted to rebuild. There included: establishing a Resilient City Permit Center with dedicated staff; exemptions from environmental review; expansion of damaged nonconforming residential structures to added living areas, ADUs, and JADUs; increasing the allowable residential floor area in mixed-use projects from 50 to 80 percent; and delaying collection of fees until near occupancy. The county also established a Resiliency Permit Center to expedite permitting, and relaxed rules related to accessory dwelling units (ADUs). City of San Jose In 2014, the City of San Jose formed an ad-hoc committee to explore permit streamlining for small businesses as well as for major projects. Based on the committee’s recommendations, the city created a planning desk dedicated to small projects and recently established an electronic plan review system to simplify permitting. The electronic system has resulted in time and cost savings for both the city as well as the applicant. The system provides real-time updates on the status of the approval process. Fee Waiver 26 jurisdictions in the Bay Area offer some form of fee waivers to housing developers. This section highlights one such example, in the City of Sunnyvale. City of Sunnyvale Sunnyvale charges all new rental housing projects an impact fee of $9 to $18 per habitable square feet. If a developer opts to provide affordable units on-site instead of paying the housing impact fee, the city credits the developer $300,000 per very low-income unit and $150,000 for every low-income unit, up to the total housing impact fee amount owed by the project. In case any fee obligation remains after the affordable unit developer credits are applied, the developer may opt to provide additional affordable units to reduce the fee to zero. These developer credits are based on the subsidy amounts required to develop affordable units, which the 2014 rental impact fee nexus study determined to be $302,496 for a very low-income unit and $146,233 for a low-income unit. The city also waives the park and recreation fee for affordable units. Housing Overlay Zoning 24 jurisdictions in the Bay Area have adopted some form of a zoning overlay for housing projects. This section highlights one such example, in the City of Menlo Park. City of Menlo Park Menlo Park’s Affordable Housing Overlay (AHO) zone was established to encourage the development of housing for low, very low and extremely low-income households on housing opportunity sites identified in the city’s adopted Housing Element. The AHO establishes development standards for these sites and is designed to benefit all affordable housing projects, including market-rate developments that provide a higher share of low- and very low-income units than what is called for in the State’s Density Bonus Program. New Revenue and Organizational Capacity for Housing Multiple cities and counties in the Bay Area have raised new revenue for housing in the last two election cycles and/or adopted a regional or sub-regional approach to solving the housing crisis. This section highlights two such examples, in the counties of Santa Clara and Sonoma. County of Santa Clara In June 2016, Santa Clara voters approved Measure A, a $950 million affordable housing bond program to build and preserve 5,000 affordable housing units countywide. The bond proceeds will help stabilize housing for the county’s most vulnerable populations including veterans, seniors, the disabled, low and moderate-income individuals or families, foster youth, victims of abuse, the homeless and individuals suffering from mental health or substance abuse illnesses. Measure A priorities include advancing supportive housing for special needs populations, including homeless and chronically homeless persons and increasing housing supply for extremely low-income populations. As of June 2018, the first year of implementation, the county approved $111 million for 10 projects that will add more than 800 multifamily units in 6 cities. The county also approved $25 million for a first-time homebuyer program. 28 County of Sonoma The City of Santa Rosa and the county are moving forward with establishing a joint powers authority, called the Renewal Enterprise District (RED), with the explicit goal for regionalizing housing production; pooling and leveraging financing and funding; sharing risks and benefits of development in new ways; streamlining environmental review and providing confidence in good projects; and putting equity, affordability and climate solutions in the center of local economic strategy. When established the RED will focus housing development in specific geographies; define project criteria for which incentives and streamlined permitting processes are appropriate; pursue new models for public-private partnerships; expand, pool, and leverage public and private financing in new ways; explore the most strategic use of publicly-owned land; and leverage the regional housing planning tools and resources of MTC/ABAG Cross-Jurisdictional Collaboration This section highlights the unique process in San Mateo County to coordinate housing strategies across jurisdictions, including conducting a “nexus” study for setting impact fees. Cities in the County of San Mateo The 21 Elements Effort 21 Elements is a multi-year, multi-phase collaboration of all twenty-one San Mateo County jurisdictions, along with partner agencies and stakeholder organizations. The project aims to support jurisdictions in developing, adopting, and implementing local housing policies and programs. It is a forum for sharing resources, successful strategies and best practices. The projects is co-sponsored and coordinated by the San Mateo County Department of Housing (DOH) and the City/County Association of Governments of San Mateo County (C/CAG). The project recognizes that cities in the county often struggle with similar housing issues and consider similar solutions. 21 Elements helps those cities find policies that are right for them, working with their neighbors in a supportive, cooperative environment. Respecting local control, 21 Elements makes it easier to adopt innovative policies that address important housing needs. From affordable housing to accessory dwelling units, 21 Elements has resources to help. Grand Nexus Study Through a multi-jurisdiction collaborative process, 15 cities in San Mateo County and the City of Palo Alto embarked on developing a nexus study for their respective linkage fee programs. This project, which came to be known as the Grand Nexus Study, reduced costs by 75 percent and helped establish best practices. Customized, jurisdiction-specific reports focusing on local conditions were completed and provided to each participating city in the second half of 2015. Affordable Housing Needs Allocation In the fourth Regional Housing Needs Allocation (RHNA) cycle, 11 of San Mateo County’s 21 jurisdictions engaged in “housing unit trades.” Five of these jurisdictions accepted additional unit allocations for proposed development adjacent to their city limits. Three additional jurisdictions who had already adopted a land use plan that calls for more housing development also accepted additional allocations. In all, these trades covered a total of 396 units, or 2.5% of the total 8-year allocation for the county. While numerically insignificant, the trades represent an important accomplishment for these 11 jurisdictions as they work together on multiple other efforts to meet the county’s housing crisis. 30 Appendices A. CASA Leadership B. Steering Committee Members C. Technical Committee Members 31 CASA Leadership Fred Blackwell, CASA Co-Chair Chief Executive Officer | The San Francisco Foundation Fred Blackwell is a visionary leader working to ensure shared prosperity, innovation, and equity in the Bay Area. As CEO of The San Francisco Foundation, he leads one of the largest community foundations in the country, working hand-in-hand with donors, nonprofits, community leaders, business, and government partners in philanthropy to identify, influence, and leverage best practices and long-term solutions to make a greater impact in our community. Mr. Blackwell currently serves on the board of the San Francisco Bay Area Super Bowl 50 Legacy Fund, on the advisory council for Berkeley’s College of Environmental Design, and as an advisor for Google Impact Challenge: Bay Area. He previously served on the boards of the California Redevelopment Association, Urban Habitat Program, LeaderSpring, SPUR, and Leadership Excellence. He holds a master’s degree in City Planning from U.C. Berkeley and a bachelor’s degree in Urban Studies from Morehouse College. One Embarcadero Center, Suite 1400 San Francisco, CA 94111 P: (415) 733-8500 E: fblackwell@sff.org Established in 1948, The San Francisco Foundation (TSFF) is committed to serving the people of the Bay Area. As an incubator for community investment, original ideas, and passionate leadership, TSFF has become one of the nation’s largest community foundations in grant-making and assets, giving millions of dollars a year to make the Bay Area the best place it can be. Currently, TSFF is tackling widening inequality, increasing poverty, and declines in upward economic mobility despite historic levels of prosperity. Staying true to its commitment to serving the people of the Bay Area, TSFF recently launched an ambitious strategy to advance racial and economic equity across the Bay Area. Leslye Corsiglia, CASA Co-Chair Executive Director | Silicon Valley @ Home Leslye Corsiglia began her professional career at the California Department of Housing and Community Development, where she held several positions before taking on the challenge of overseeing the day-to-day activities of the state’s housing loan and grant programs. In that capacity, she worked to pass and then implement the first affordable housing bond initiatives, which made $550 million available for the construction and rehabilitation of affordable housing throughout the state. Ms. Corsiglia joined the City of San Jose as the Department of Housing’s first Assistant Director in 1991, and then served for 14 years as the Director. While with the City, she oversaw a program that developed and improved 21,000 affordable housing units, leveraging the City’s funds with more than $2.7 billion from public and private sources. She has served on a number of federal, state, and regional boards and currently serves on the Board of the Non-Profit Housing Association of Northern California. She is a dedicated housing wonk, loves policy and research, and is excited to take on the challenge of leading the new start-up venture known as SV@Home. 350 W. Julian St. #5 San Jose, CA 95110 P: (408) 780-8411 E: leslye @siliconvalleyathome.org SV@Home is the voice for affordable housing in Silicon Valley. Based initially in the Housing Trust Silicon Valley, SV@Home is a membership organization that advocates for policies, programs, land use, and funding that lead to an increased supply of affordable housing. Additionally, SV@Home educates elected officials and the community about the need for housing and the link between housing and other quality of life outcomes, including education, health, transportation, and the environment. 32 Michael Covarrubias, CASA Co-Chair Chair and Chief Executive Officer | TMG Partners Michael Covarrubias joined TMG Partners in 1988. He oversees all of the company’s operations and has directed the company since 1995. Prior to TMG, Mr. Covarrubias’ professional background includes 17 years with Union Bank, including commercial and real estate lending as well as administrative management. In his last position, he served as Senior Vice President and Manager of Union Bank’s Silicon Valley Regional Real Estate Center. Mr. Covarrubias is a graduate of the University of San Francisco with a bachelor’s degree in business administration. 100 Bush Street San Francisco, CA 94101 P: (415) 772-5900 E: michael.c @tmgpartners.com TMG Partners is a privately-held, full-service development company headquartered in San Francisco focusing on urban infill projects in the San Francisco Bay Area. Its exclusive focus in the Bay Area helps the firm understand the nuances of market trends and timing. This allows TMG Partners to be highly responsive and opportunistic while contributing to the vibrancy of the communities that make up the Bay Area region. Dr. Jennifer Martinez, Protection Work Group Moderator Executive Director | Faith in Action Bay Area Dr. Jennifer Martinez currently leads Faith in Action Bay Area, a regional network of community and faith-based organizations. She has also been an organizer with the PICO National Network since 2001. Dr. Martinez has a bachelor’s degree from Stanford University and a master’s degree and Ph.D. from the University of Nottingham in England. Her graduate research focused on social movement strategies in the struggle for housing and land rights in Venezuela and South Africa. In 2011, her Ph.D. won the British International Studies Association thesis of the year award. She has several published works and, in addition to being a participant in faith-based movement-building, continues to write about the ways in which social movements transform people and places. 1336 Arroyo Avenue San Carlos, CA 94070 P: (650) 796-4160 E: Jennifer @picocalifornia.org Faith in Action Bay Area is a regional network of community and faith-based organizations working to create innovative solutions to problems facing urban and suburban communities in San Mateo and San Francisco Counties. Faith in Action Bay Area has successfully worked to increase access to health care, improve public schools, make neighborhoods safer, build affordable housing, redevelop communities, and revitalize democracy. The organization helps engage ordinary people in public life, building a strong legacy of leadership in local communities across the region, and is part of PICO, a national network of faith-based organizing groups. Faith in Action Bay Area is non-partisan, multi-faith, and multicultural. 33 Linda Mandolini, Protection Work Group Moderator President | Eden Housing Linda Mandolini has served Eden Housing as a Project Developer, as Director of Real Estate Development, and since 2001 as President. She oversees affordable housing production, resident support services, and property management components of the organization, and a staff of more than 340 employees. She is guided in her work by Eden's active, volunteer Board of Directors. Under Ms. Mandolini's strong leadership, Eden has become one of the most productive and successful nonprofit affordable housing developers in California. Eden has received numerous awards including being named as a Best Place to Work in the Bay Area in 2012, 2015, and 2016 and Healthiest Employers in the Bay Area by the San Francisco Business Times for the past five years in a row (2012-2016). Ms. Mandolini received her A.B. from Wheaton College in Massachusetts and earned a master’s of Business Administration at Boston University. 22645 Grand Street Hayward, CA 94541 P: (510) 582-1460 E: lmandolini @edenhousing.org Eden Housing revitalizes California communities through its affordable housing development and property management activities, through the partnerships it establishes and the investments it makes in California neighborhoods, and through the resident services programs it provides to meet the needs of its residents. Since its founding in 1968, Eden Housing has developed or acquired 7,450 affordable housing units in nearly 100 properties that have provided homes for more than 65,000 people. Eden currently has more than 1,000 units in its immediate pipeline. Eden's housing now includes rental apartments, cooperatives, and supportive living environments for families, seniors, and people with disabilities. Eden has so far partnered with 29 cities in 10 California counties and it is rapidly expanding its geographical operations to new communities, including the greater Sacramento area, the Central Valley, and Southern California. Derecka Mehrens, Production Work Group Moderator Executive Director | Working Partnerships USA Derecka Mehrens, Executive Director at Working Partnerships USA, brings 15 years of community organizing, civic engagement, and public policy experience working in communities of color and with low- and moderate-income families. Under Ms. Mehrens’ leadership, Working Partnerships USA co- founded Silicon Valley Rising, a coordinated regional campaign to inspire a tech-driven economy where all workers, their families, and communities thrive. The unprecedented labor-faith-community alliance is working to build a new economic model that rebuilds the middle class, to raise wages and workplace standards for all workers in this valley, and to address a regional housing crisis that is pushing families and children to live in garages, cars, or near creek beds in order to survive. Ms. Mehrens graduated from the University of Oregon with a bachelor’s degree in Sociology, History, and International Studies. 2102 Almaden Road Suite 107 San Jose, CA 95125 P: (408) 809-2120 E: derecka@wpusa.org Working Partnerships USA is a community organization that drives the movement for a just economy by bringing together public policy innovation and the power of grassroots organizing. Working Partnerships USA builds the capacity of workers, low-income neighborhoods, and communities of color to lead and govern. Based in Silicon Valley, it tackles the root causes of inequality and poverty by leading collaborative campaigns for quality jobs, healthy communities, equitable growth, and vibrant democracy. 34 Denise Pinkston, Production Work Group Moderator Housing Committee Co-chair | Bay Area Council Denise Pinkston has over 30 years of experience in real estate including acquisitions, asset and construction management, marketing, leasing, planning/entitlements, transit and green building program development, and public affairs. Ms. Pinkston was named one of the Bay Area’s Most Influential Women in Bay Area Business by the San Francisco Business Times in 2012 and 2013 and was named to their Forever Influential Honor Roll in 2014. Ms. Pinkston teaches real estate at the Lorry I. Lokey Graduate School of Business at Mills College. Ms. Pinkston attended the University of California, Berkeley where she earned a bachelor’s degree in History and a master’s degree in City and Regional Planning. 353 Sacramento St., 10th Floor, San Francisco, CA 94111 P: (415) 946-8777 E: dpinkston @tmgpartners.com The Bay Area Council is a business-sponsored, public-policy advocacy organization for the nine-county San Francisco Bay Area. The Council proactively advocates for a strong economy, a vital business environment, and a better quality of life for everyone who lives here. Steve Heminger, CASA Convener Executive Director | Metropolitan Transportation Commission Steve Heminger is Executive Director of MTC and responsible for the administration of more than $2 billion per year in funding for the operation, maintenance, and expansion of the Bay Area’s surface transportation network. Mr. Heminger was appointed by House Democratic Leader Nancy Pelosi to serve on the “National Surface Transportation Policy and Revenue Study Commission,” which helped chart the future course for the federal transportation program. As Chair of the Toll Bridge Program Oversight Committee, he also oversaw construction of the new east span of the San Francisco-Oakland Bay Bridge, the largest transportation project in California history. In addition, he is a member of the Board of Trustees for the Mineta Transportation Institute and of the Executive Committee for the Transportation Research Board. Mr. Heminger received a bachelor’s degree from Georgetown University and a master’s degree from the University of Chicago. 375 Beale Street San Francisco, CA 94105 P: (415) 778-5228 E: sheminger @bayareametro.gov The Metropolitan Transportation Commission (MTC) connects the nine-county Bay Area’s communities by allocating regional, state, and federal funds for transportation projects, planning for the future, and coordinating the participation of governments and residents in the planning process. The Commission’s central purpose is to make sure that the transportation networks that connect the residents and communities within the Bay Area region function smoothly and efficiently. Its job is to plan responsibly to meet the mobility needs of residents, now and in the future. 35 Committee Members Steering Committee Members Technical Committee Members Name Organization Name Organization Ariane Hogan Genentech Abby Thorne-Lyman BART Bob Alvarado Northern California Carpenters Regional Council Adhi Nagraj SPUR Dave Cortese Santa Clara County Aimee Inglis Tenants Together Dave Regan SEIU Amie Fishman Non-Profit Housing Association David Rabbitt ABAG Andreas Cluver Building and Construction Trades Council Ellen Wu Urban Habitat Bill Witte Related California Grace Crunican BART Bob Glover BIA Bay Area Jake Mackenzie MTC Caitlyn Fox Chan Zuckerberg Initiative Julie Combs City of Santa Rosa Denise Pinkston Bay Area Council Keith Carson Alameda County Derecka Mehrens Working Partnership, USA Kofi Bonner FivePoint Doug Shoemaker Mercy Housing Libby Schaaf City of Oakland Jacky Morales Ferrand City of San Jose London Breed City/County of San Francisco Janice Jensen Habitat for Humanity Matthew Franklin MidPen Housing Jennifer Hernandez Holland and Knight Michael Matthews Facebook Dr. Jennifer Martinez PICO California Rebecca Prozan Google Jonathan Fearn GREYSTAR Sam Liccardo City of San Jose Joseph Villarreal Contra Costa Housing Authority Stuart Cohen TransForm Joshua Howard California Apartment Association Ken Rich City/County of San Francisco Linda Mandolini Eden Housing Lynn Hutchins Goldfarb Lipman LLP Mark Kroll Saris Regis Group Mary Murtagh EAH Housing Matt Schwartz CA Housing Partnership Corp Matt Vander Sluis Greenbelt Alliance Michele Byrd City of Oakland Ophelia Basgal Terner Research Center Randy Tsuda City of Mountain View Rich Gross Enterprise Robert Apodaca California Community Builders Scott Littlehale Nor Cal Carpenters Reg. Council Tomiquia Moss Hamilton Families