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2019/02/26 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, February 26, 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 February 26, 2019 for City Council/RPFA/CDC Successor Agency Page 2 of 5 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Honoring Elaine Sampson for her service as a Senior Citizens Commissioner for 16 years 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. None. B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated February 26, 2019 2. Annual 2018 Fire Inspection Report (SB1205) C. City Council Resolutions for Adoption: 1. 2019-19 Rescinding Approval of an Improvement Agreement and Authorizing Release of Performance and Labor and Materials Bonds for Water Tank 8 Originally Authorized by Resolution 2015-182 D. City Council Confirmation of Mayor Belforte’s Nomination of Michael Thompson for Appointment as the City’s Representative to Marin/Sonoma Mosquito & Vector Control District for a Two-year Term to Expire December 31, 2020 Council Motion/Vote City of Rohnert Park Joint Regular Meeting Agenda February 26, 2019 for City Council/RPFA/CDC Successor Agency Page 3 of 5 7. Consideration of an Increase in Appropriations in the FY 2018-19 Budget by $40,000 from the State Asset Forfeiture Fund for the Purchase of Cellular Telephones for Public Safety Patrol Officers A. Staff Report B. Public Comments C. Resolution for Adoption: 1. 2019-20 Authorizing an Increase in Appropriations in The Fiscal Year 2018-19 By $40,000 from the State Asset Forfeiture Fund for the Purchase of Cellular Telephones for Public Safety Officers a. Council motion/discussion/vote 8. INTRODUCTION OF ORDINANCE - Consideration of Changes to Chapter 8.34 Use Permits for Alcoholic Beverage Establishments of the Rohnert Park Municipal Code and Adoption of New Permit Fee Sliding Scale and Fines A. Staff Report B. Public Comment C. Ordinance for Introduction and reading of title: 1. No. 930 An Ordinance Of The City Council Of The City Of Rohnert Park Amending Chapter 8.34 – Use Permits For Alcohol Beverage Establishments a. Council motion/discussion/roll call vote (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) 9. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports B. Liaison Reports 1. Chamber of Commerce (Board of Directors) (2/19) 2. Library Advisory Board (2/19) C. Outside Agency Reports 1. Legislative Committee (2/15) 2. Sonoma County Waste Management Agency (2/20) D. Other Reports 1. Golden Gate Bridge Highway & Transportation District (2/22) 10. 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. City of Rohnert Park Joint Regular Meeting Agenda February 26, 2019 for City Council/RPFA/CDC Successor Agency Page 4 of 5 11. 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. 12. 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. 13. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda February 26, 2019 for City Council/RPFA/CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk’s Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk’s Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 26, 2019, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on February 21, 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 21st day of February, 2019, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, 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 LAINE S AMPSON ff oo rr HH ee rr 11 66 YY ee aa rr ss oo ff SS ee rr vv ii cc ee aa ss aa SS ee nn ii oo rr CC ii tt ii zz ee nn ss AA dd vv ii ss oo rr yy CC oo mm mm ii tt tt ee ee MM ee mm bb ee rr As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and congratulate Elaine Sampson for her 16 years of service as a member of the Senior Citizens Advisory Committee. Elaine first joined the Senior Citizens Advisory Committee in 2001 and graciously served as a member for 16 years, until 2018 . Elaine’s hard work and dedication on the Senior Citizens Advisory Committee is highly commendable. Elaine made many contributions during her tenure , including playing an instrumental role in the installation of automatic doors at the Senior Center, as a member of the Sewer Stakeholder Committee, and assisting with fundraisers for the construction of the Rohnert Park Library . We are honored to recognize Elaine for h er strong commitment to our community and thank Elaine for her outstanding service. Signed this 26th day of February, 2019 By: _________________________________________ GG ii nn aa BB ee ll ff oo rr tt ee ,, MM aa yy oo rr Item 3A CITY COUNCIL SPEAIGR CARI) A"bl Date:Agenda Item Name: Phone: TOPIC: t ?L hfr Brief Summary of Comments:_ C-L UE it a See Reverse -+ Check Numbers: 252511 - 252695 CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE February 26, 2019 Dated: February 6, 2019 -February 19, 2019 $1,801,097.71 TOTAL $1,801,097.71 Item 6.B.1 Page 2 of 21 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 30.00 252535 02/08/2019 General Fund Contract Srvcs -Production Pamela Jo Johnson 1,000.00 Check Total: 1,000.00 252536 02/08/2019 DIV CA AB2987 -PEG Fees Fund Equip over 5K-DIVCA Loud & Clear Audio Visual 3, I 71.48 Check Total: 3,171.48 252537 02/08/2019 General Fund Contract Instructors -RPCC Sue Stubblebine 507.00 Check Total: 507.00 252538 02/08/2019 General Fund Contract Instructors -SpC Jake Waterman 1,548.80 Check Total: 1,548.80 252539 02/08/2019 General Fund Training & Travel -Parks Brandon Wells 180.00 Check Total: 180.00 252540 02/08/2019 General Fund Clinic expens NOT Sp&NtrElgble BI AH USA 240.17 Check Total: 240.17 252541 02/08/2019 General Fund Unleaded Fuel Inventory Flyers Energy 1,022.50 252541 02/08/2019 General Fund Unleaded Fuel Inventory Flyers Energy 848.01 Check Total: 1,870.51 252542 02/08/2019 General Fund Repairs & Maint Routine -SpC Grainger Inc. 328.43 252542 02/08/2019 Water Utility Fund SmTools & Equip -WTR Grainger Inc. 16.30 Check Total: 344.73 252543 02/08/2019 General Fund Spec Dept Exp -PW HDS WHITE CAP CONST SUPPL 165.51 Check Total: 165.51 252544 02/08/2019 General Fund Shelter Food -AS Hill's Pet Nutrition Sales Inc 188.30 252544 02/08/2019 General Fund Shelter Food -AS Hill's Pet Nutrition Sales Inc 73.84 252544 02/08/2019 General Fund Shelter Food -AS Hill's Pet Nutrition Sales Inc 205.24 252544 02/08/2019 General Fund Shelter Food -AS Hill's Pet Nutrition Sales Inc 32.85 Check Total: 500.23 252545 02/08/2019 General Fund Developer Refundable Deposits MOE ENGINEERING, INC. 4,700.00 252545 02/08/2019 General Fund 2297 Revenue -DS MOE ENGINEERING, INC. -4,700.00 252545 02/08/2019 General Fund 2297 Expenses -DS MOE ENGINEERING, INC. 4,700.00 252545 02/08/2019 General Fund Developer Refundable Deposits MOE ENGINEERING, INC. 2,100.00 Page 3 of21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252545 02/08/2019 General Fund 2297 Revenue -DS MOE ENGINEERING, INC. -2,100.00 252545 02/08/2019 General Fund 2297 Expenses -DS MOE ENGINEERING, INC. 2,100.00 Check Total: 6,800.00 252546 02/08/2019 Water Utility Fund Contractual Svs -Water PES ENVIRONMENTAL INC 2,524.42 Check Total: 2,524.42 252547 02/08/2019 Casino Problem Gambling Fund Contract Svcs -PGRC Petaluma Health Center 10,153.40 Check Total: 10,153.40 252548 02/08/2019 General Fund Uniforrm Laundry Svcs -DS Mark Pippin 56.49 252548 02/08/2019 General Fund Spec Dept Exp -Parks Mark Pippin 488.81 252548 02/08/2019 General Fund Uniforrm Laundry Svcs -DS Mark Pippin 24.00 Check Total: 569.30 252549 02/08/2019 Sewer Utility Fund Spec Dept Exp -Sewer Power Industries 232.84 Check Total: 232.84 252550 02/08/2019 Water Utility Fund SystemRepair -Water PR Diamond Products Inc 410.00 252550 02/08/2019 Water Utility Fund SystemRepair -Water PR Diamond Products Inc 33.64 252550 02/08/2019 General Fund Sales Tax Payable PR Diamond Products Inc -33.64 Check Total: 410.00 252551 02/08/2019 Water Utility Fund SystemRepair -Water R&BCompany 211.15 252551 02/08/2019 Water Utility Fund SystemRepair -Water R&BCompany 2.35 252551 02/08/2019 General Fund Sales Tax Payable R&B Company -2.35 Check Total: 211.15 252552 02/08/2019 Sewer Utility Fund SystemRepair -Sewer Rexel USA,Inc 689.71 Check Total: 689.71 252553 02/08/2019 ISF -Information Technology Spec Dept Exp -IT TELEPHONETICS 99.95 Check Total: 99.95 252554 02/08/2019 General Fund Training & Travel -Fire 911 Safety Equipment 1,778.75 Check Total: 1,778.75 252555 02/08/2019 General Fund Printing Services -Finance AD-Vantage Marketing 72.75 252555 02/08/2019 Sewer Utility Fund Printing Services AD-Vantage Marketing 31.33 252555 02/08/2019 Water Utility Fund Printing -Water AD-Vantage Marketing 31.32 252555 02/08/2019 Water Utility Fund Printing -Water AD-Vantage Marketing 97.34 Page 4 of 21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252555 02/08/2019 Water Utility Fund Printing -Water AD-Vantage Marketing 97.35 Check Total: 330.09 252556 02/08/2019 ISF -Fleet Uniform Laundry Svcs -Fleet Aramark Uniforms & Career Apparel Group 27.92 252556 02/08/2019 General Fund Uniform Laundry Svcs-PW Aramark Uniforms & Career Apparel Group 70.21 252556 02/08/2019 Sewer Utility Fund Uniform Laundry Svcs -Sewer Aramark Uniforms & Career Apparel Group 32.49 252556 02/08/2019 Water Utility Fund Uniform Laundry Svcs -Water Aramark Uniforms & Career Apparel Group 38.49 252556 02/08/2019 General Fund Uniform Laundry Svcs-Street Aramark Uniforms & Career Apparel Group 28.95 252556 02/08/2019 General Fund Uniform Laundry Svcs -Parks Aramark Uniforms & Career Apparel Group 127.68 252556 02/08/2019 General Fund Contract Svcs -RPCC Aramark Uniforms & Career Apparel Group 143.78 252556 02/08/2019 ISF -Fleet Haz Materials -Fleet Aramark Uniforms & Career Apparel Group 199.82 252556 02/08/2019 ISF -Fleet Uniform Laundry Svcs -Fleet Aramark Uniforms & Career Apparel Group 27.92 252556 02/08/2019 General Fund Uniform Laundry Svcs-PW Aramark Uniforms & Career Apparel Group 65.89 252556 02/08/2019 Sewer Utility Fund Uniform Laundry Svcs -Sewer Aramark Uniforms & Career Apparel Group 32.49 252556 02/08/2019 Water Utility Fund Uniform Laundry Svcs -Water Aramark Uniforms & Career Apparel Group 38.49 252556 02/08/2019 General Fund Uniform Laundry Svcs-Street Aramark Uniforms & Career Apparel Group 28.95 252556 02/08/2019 General Fund Uniform Laundry Svcs -Parks Aramark Uniforms & Career Apparel Group. 127.68 Check Total: 990.76 252557 02/08/2019 General Fund Repairs & Maint Routine-PSMain Cal-Steam 31.54 252557 02/08/2019 General Fund Repairs & Maint Routine-PSMain Cal-Stearn 0.15 252557 02/08/2019 General Fund Sales Tax Payable Cal-Stearn -0.15 Check Total: 31.54 252558 02/08/2019 General Fund Contract Svcs -NonDept Captions Unlimited ofNevada Inc. 357.50 Check Total: 357.50 252559 02/08/2019 General Fund Spec Dept Exp -PS Bldg-North CULLIGAN 167.50 Check Total: 167.50 252560 02/08/2019 General Fund Contract Svcs -Streets Department of Transportation 1,109.87 Check Total: 1,109.87 252561 02/08/2019 General Fund Repairs & Maint Routine-PSMain Kelly Moore Paint Company Inc 6.82 Check Total: 6.82 252562 02/08/2019 General Fund First Aid Supp -Fire Life Assist, Inc. 50.97 Check Total: 50.97 252563 02/08/2019 Water Utility Fund Meters & Supplies existng conn National Meter & Automation, Inc. 5,967.41 Page 5 of 21 Page 7 of21 Page 8 of21 Page 9 of21 Page 11 of 21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252626 02/12/2019 Capital Projects Fund Sonoma Mtn Village Project CSG Consultants, Inc 170.00 252626 02/12/2019 Capital Projects Fund University Dist. Specific Plan CSG Consultants, Inc 85.00 252626 02/12/2019 Capital Projects Fund University Dist. Specific Plan CSG Consultants, Inc 127.50 252626 02/12/2019 Capital Projects Fund University Dist. Specific Plan CSG Consultants, Inc 977.50 252626 02/12/2019 General Fund Contract Svcs -DS CSG Consultants, Inc 42.50 Check Total: 2,700.00 252627 02/12/2019 Capital Projects Fund TR-104 Traffic Signal Sys DC Electric Group Inc. 27,903.86 Check Total: 27,903.86 252628 02/12/2019 ISF -Information Technology Equip Lease -IT Dell Financial Services 4,472.63 252628 02/12/2019 ISF -Information Technology Equip Lease -IT Dell Financial Services 2.34 Check Total: 4,474.97 252629 02/12/2019 Capital Projects Fund 6250 StFarm Tenant lmprvmnt DrafTech Blueprinting Inc 45.35 252629 02/12/2019 Capital Projects Fund 6250 StFarm Tenant Imprvmnt DrafTech Blueprinting Inc 45.35 Check Total: 90.70 252630 02/12/2019 General Fund Developer Refundable Deposits Firma Design Group 1,740.00 252630 02/12/2019 General Fund 2297 Revenue -DS Firma Design Group -1,740.00 252630 02/12/2019 General Fund 2297 Expenses -DS Firma Design Group 1,740.00 252630 02/12/2019 General Fund Developer Refundable Deposits Firma Design Group 1,885.00 252630 02/12/2019 General Fund 2297 Revenue -DS Firma Design Group -1,885.00 252630 02/12/2019 General Fund 2297 Expenses -DS Firma Design Group 1,885.00 252630 02/12/2019 General Fund Developer Refundable Deposits Firma Design Group 2,320.00 252630 02/12/2019 General Fund 2297 Revenue -DS Firma Design Group -2,320.00 252630 02/12/2019 General Fund 2297 Expenses -DS Firma Design Group 2,320.00 Check Total: 5,945.00 252631 02/12/2019 General Fund Contract Svcs -CH First Alarm Securities Services 175.00 Check Total: 175.00 252632 02/12/2019 General Fund Unleaded Fuel Inventory Flyers Energy 468.98 252632 02/12/2019 General Fund Unleaded Fuel Inventory Flyers Energy 968.62 252632 02/12/2019 General Fund Gas & Oil -Fire Flyers Energy 882.10 252632 02/12/2019 General Fund Unleaded Fuel Inventory Flyers Energy 938.64 252632 02/12/2019 General Fund Gas & Oil -Police Flyers Energy 760.35 252632 02/12/2019 General Fund Gas & Oil -Police Flyers Energy 932.20 252632 02/12/2019 General Fund Unleaded Fuel Inventory Flyers Energy 784.90 252632 02/12/2019 General Fund Gas & Oil -Police Flyers Energy 392.46 Check Total: 6,128.25 Page 12 of 21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 154.60 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 0.71 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.71 252633 02/12/2019 General Fund Uniform Purchases -PW Friedman's Home Improvement 298.21 252633 02/12/2019 General Fund Uniform Purchases -PW Friedman's Home Improvement 1.38 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -1.38 252633 02/12/2019 General Fund Repairs & Maint Routine -SpC Friedman's Home Improvement 20.75 252633 02/12/2019 General Fund Repairs & Maint Routine -SpC Friedman's Home Improvement 0.10 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.10 252633 02/12/2019 General Fund SmTools & Equip -PW Friedman's Home Improvement 724.06 252633 02/12/2019 General Fund SmTools & Equip -PW Friedman's Home Improvement 3.34 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -3.34 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 28.49 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 0.13 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.13 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 172.05 252633 02/12/2019 General Fund Spec Dept Exp -Parks Friedman's Home Improvement 0.79 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.79 252633 02/12/2019 General Fund Repairs & Maint Routine-PSMain Friedman's Home Improvement 25.80 252633 02/12/2019 General Fund Repairs & Maint Routine-PSMain Friedman's Home Improvement 0.12 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.12 252633 02/12/2019 Water Utility Fund SmTools & Equip -WTR Friedman's Home Improvement 88.71 252633 02/12/2019 Water Utility Fund SmTools & Equip -WTR Friedman's Home Improvement 0.41 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.41 252633 02/12/2019 General Fund Spec Dept Exp -Streets Friedman's Home Improvement 9.13 252633 02/12/2019 General Fund Spec Dept Exp -Streets Friedman's Home Improvement 0.04 252633 02/12/2019 General Fund Sales Tax Payable Friedman's Home Improvement -0.04 Check Total: 1,521.80 252634 02/12/2019 Sewer Captial Project Fund WW-32 Station #2 VFD Rplcmnt GHDINC. 598.00 252634 02/12/2019 Sewer Captial Project Fund WW-29 Wet Well Lining 1&2 GHDINC. 390.00 252634 02/12/2019 Sewer Captial Project Fund WW-30 Sewer Lining SSU GHDINC. 937.50 252634 02/12/2019 General Fund Contract Svcs -DS GHDINC. 664.00 Check Total: 2,589.50 252635 02/12/2019 General Fund Repairs & Maint Routine-PSMain Grainger Inc. 81.50 252635 02/12/2019 General Fund Repairs & Maint Routine -PW Grainger Inc. 79.53 252635 02/12/2019 General Fund Spec Dept Exp -SpC Grainger Inc. 312.03 252635 02/12/2019 General Fund Repairs &Maint Routine -PS-N Grainger Inc. 95.41 252635 02/12/2019 ISF-Fleet Veh Repairs for Parks-Fleet Grainger Inc. 248.13 252635 02/12/2019 General Fund Spec Dept Exp -Parks Grainger Inc. 134.56 252635 02/12/2019 General Fund Repairs & Maint Routine -CH Grainger Inc. 69.73 252635 02/12/2019 General Fund Spec Dept Exp -Parks Grainger Inc. 1,076.52 Page 13 of21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252635 02/12/2019 General Fund Repairs & Maint Routine -SpC Grainger Inc. 330.82 252635 02/12/2019 General Fund Spec Dept Exp -PW Grainger Inc. 48.85 252635 02/12/2019 Water Utility Fund Equipment under 5K -Water Grainger Inc. 289.43 252635 02/12/2019 General Fund Spec Dept Exp -Streets Grainger Inc. 65.80 252635 02/12/2019 General Fund Spec Dept Exp -Parks Grainger Inc. 45.88 252635 02/12/2019 General Fund Repairs & Maint Routine -SpC Grainger Inc. 265.41 252635 02/12/2019 General Fund Repairs & Maint Routine -CH Grainger Inc. 87.94 252635 02/12/2019 General Fund Repairs & Maint Routine -BARC Grainger Inc. 61.78 252635 02/12/2019 General Fund Repairs & Maint Routine -RPCC Grainger Inc. 22.10 252635 02/12/2019 General Fund Repairs & Maint Routine -BARC Grainger Inc. 382.37 252635 02/12/2019 General Fund Repairs & Maint Routine -SpC Grainger Inc. 239.65 252635 02/12/2019 ISF -Fleet Repairs & Maint Routine -Fleet Grainger Inc. 118.96 252635 02/12/2019 General Fund Repairs & Maint Routine -SpC Grainger Inc. 20.80 252635 02/12/2019 General Fund Repairs & Maint Routine -Parks Grainger Inc. 244.83 252635 02/12/2019 General Fund Repairs & Maint Routine-GldRdg Grainger Inc. 390.16 252635 02/12/2019 General Fund Spec Dept Exp -Gold Ridge Grainger Inc. 31.46 Check Total: 4,743.65 252636 02/12/2019 General Fund Contract Svcs -RPCC Joe Chamskas 369.12 252636 02/12/2019 General Fund Contract Svcs -RPCC Joe Chamskas 369.12 Check Total: 738.24 252637 02/12/2019 General Fund Spec Dept Exp -Parks John Deere Financial 593.26 252637 02/12/2019 General Fund Spec Dept Exp -Parks John Deere Financial 2.70 252637 02/12/2019 General Fund Sales Tax Payable John Deere Financial -2.70 Check Total: 593.26 252638 02/12/2019 SECA -State Seized Assets State Seizure Pending-Payable Sonoma County Office of the District Attom 10,731.00 252638 02/12/2019 SECA -State Seized Assets Interest Inc State Seized Asse Sonoma County Office of the District Attom 395.21 Check Total: I 1,126.21 252639 02/12/2019 General Fund Aflac Payable AFLAC 630.54 252639 02/12/2019 General Fund Aflac Payable AFLAC 969.94 Check Total: 1,600.48 252640 02/12/2019 General Fund HSABank Payable HSA Bank 1,067.30 Check Total: 1,067.30 252641 02/12/2019 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 1,735.78 Check Total: 1,735.78 Page 14 of 21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252642 02/12/2019 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 2,100.00 252642 02/12/2019 General Fund Def Comp Payable-Gw Nationwide Retirement Solutions 4,081.30 Check Total: 6,181.30 252643 02/12/2019 General Fund Scope Dues Payable SEIU Local 1021 1,258.56 Check Total: 1,258.56 252644 02/12/2019 General Fund Aflac Payable AFLAC 343.60 252644 02/12/2019 General Fund Aflac Payable AFLAC 155.50 Check Total: 499.10 252645 02/13/2019 General Fund Cell Phone -Parks AT&T MOBILITY -4.99 252645 02/13/2019 General Fund Cell Phone -Parks AT&T MOBILITY 427.63 252645 02/13/2019 ISF -Information Technology Cell Phone -IT AT&T MOBILITY 131.40 252645 02/13/2019 General Fund Cell Phone -Streets AT&T MOBILITY 205.15 252645 02/13/2019 General Fund Cell Phone -DS AT&T MOBILITY 191.40 252645 02/13/2019 General Fund Cell Phone -PW AT&T MOBILITY 97.69 252645 02/13/2019 General Fund Cell Phone -Police AT&T MOBILITY 1,319.87 252645 02/13/2019 ISF -Fleet Cell Phone -Fleet AT&T MOBILITY 54.97 252645 02/13/2019 Sewer Utility Fund Cell Phone -Sewer AT&T MOBILITY 295.43 252645 02/13/2019 General Fund Cell Phone -CM AT&T MOBILITY 95.83 252645 02/13/2019 General Fund Cell Phone -HR AT&T MOBILITY 76.43 252645 02/13/2019 Casino Public Service Fund Cell Phone -PS AT&T MOBILITY 109.94 252645 02/13/2019 General Fund Cell Phone -AS AT&T MOBILITY 29.46 252645 02/13/2019 Casino LERC Fund Cell Phone -LERC AT&T MOBILITY 54.97 252645 02/13/2019 General Fund Cell Phone -Fire AT&T MOBILITY 232.34 252645 02/13/2019 Water Utility Fund Cell Phone -Water AT&T MOBILITY 459.28 252645 02/13/2019 General Fund Cell Phone -SrC AT&T MOBILITY 21.46 252645 02/13/2019 General Fund Cell Phone -Storm Drains AT&T MOBILITY 40.73 Check Total: 3,838.99 252646 02/13/2019 General Fund Training & Travel -Police LINDA GRAY 133.00 Check Total: 133.00 252647 02/13/2019 General Fund Dues & Subscription -CC LEAGUE OF CALIFORNIA CITIES 15,531.00 Check Total: 15,531.00 252648 02/13/2019 General Fund Rec Refund Clearing Jeannie Barnes Mills 100.00 Check Total: 100.00 252649 02/13/2019 General Fund Rec Refund Clearing North Bay Gymnastics Boosters 400.00 Page 15 of21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252670 02/19/2019 ISF -Information Technology Office Equip -IT USBank 1,245.00 252670 02/19/2019 Capital Projects Fund Sr Center Roof Replacement US Bank 923.31 252670 02/19/2019 ISF -Information Technology Spec Dept Exp -IT USBank 108.61 252670 02/19/2019 ISF -Information Technology Contract Svcs -IT USBank 67.88 252670 02/19/2019 !SF -Information Technology Softwr License & Maint -IT USBank 41.97 Check Total: 4,322.41 252671 02/19/2019 General Fund Meetings & Travel -CM USBank 60.00 252671 02/19/2019 General Fund Training & Travel -CM US Bank 211.35 252671 02/19/2019 General Fund Exp Hollingsworth Adams US Bank 214.35 252671 02/19/2019 General Fund Softwr License & Maint -CM USBank 336.00 Check Total: 821.70 252672 02/19/2019 General Fund Spec Dept Exp -FIN USBANK 20.00 252672 02/19/2019 General Fund Training & Travel -FIN USBANK 155.95 Check Total: 175.95 252673 02/19/2019 General Fund Training & Travel -CM USBank 259.00 252673 02/19/2019 General Fund Office Supplies -CM US Bank -22.80 252673 02/19/2019 General Fund Office Supplies -CM US Bank 9.99 252673 02/19/2019 General Fund Office Supplies -CM USBank 42.93 252673 02/19/2019 General Fund Office Supplies -CM US Bank 9.99 252673 02/19/2019 General Fund Training & Travel -CM US Bank 480.00 252673 02/19/2019 General Fund Training & Travel -Police USBank 480.00 252673 02/19/2019 General Fund Exp -Mackenzie -CC US Bank 400.00 252673 02/19/2019 General Fund Exp Belforte -CC US Bank 40.00 252673 02/19/2019 General Fund Exp Hollingsworth Adams US Bank 80.00 252673 02/19/2019 General Fund Meetings & Travel -ED US Bank 80.00 252673 02/19/2019 General Fund Exp Stafford -CC US Bank 80.00 252673 02/19/2019 General Fund Meetings & Travel -ED US Bank 80.00 252673 02/19/2019 General Fund Meetings & Travel -Police US Bank 80.00 252673 02/19/2019 General Fund Exp -Mackenzie -CC US Bank 80.00 252673 02/19/2019 General Fund Exp Callinan -CC USBank 80.00 252673 02/19/2019 General Fund City Representation Jan-June US Bank 80.00 252673 02/19/2019 General Fund Exp -Mackenzie -CC US Bank 286.72 Check Total: 2,625.83 252674 02/19/2019 General Fund Softwr License & Maint -ED US Bank 52.99 252674 02/19/2019 General Fund Softwr License & Maint -ED US Bank 99.00 Check Total: 151.99 252675 02/19/2019 General Fund Recruitment -RPCC US Bank 41.25 Page 18 of21 Check Number Check Date Fund Name Account Name Vendor Name Amount 252675 02/19/2019 General Fund Recruitment -SpC USBank 11.25 252675 02/19/2019 General Fund Recruitment -BARC USBank 11.25 252675 02/19/2019 General Fund Recruitment -SrC USBank 11.25 252675 02/19/2019 General Fund Recruitment -RPCC USBank 75.00 252675 02/19/2019 General Fund Recruitment -RPCC USBank 75.00 252675 02/19/2019 General Fund Recruitment -BARC USBank 75.00 252675 02/19/2019 General Fund Recruitment -Aquatics US Bank 75.00 252675 02/19/2019 General Fund Recruitment -PW USBank 75.00 252675 02/19/2019 General Fund ·Recruitment -PW USBank 75.00 Check Total: 525.00 252676 02/19/2019 General Fund Softwr License & Maint -DS USBank 20.99 252676 02/19/2019 General Fund Office Supplies -DS US Bank 42.80 252676 02/19/2019 Capital Projects Fund University Dist. Specific Plan USBank 31.72 252676 02/19/2019 General Fund Office Supplies -DS USBank 137.40 252676 02/19/2019 Capital Projects Fund 6250 StFarm Tenant Imprvmnt US Bank 1,814.47 Check Total: 2,047.38 252677 02/19/2019 General Fund Recruitment -Police US Bank 112.38 Check Total: 112.38 252678 02/19/2019 General Fund Exp -Mackenzie -CC US Bank 50.00 252678 02/19/2019 General Fund Exp Hollingsworth Adams US Bank 50.00 252678 02/19/2019 General Fund Meetings & Travel -CM US Bank 50.00 252678 02/19/2019 General Fund City Representation Jan-June US Bank 50.00 252678 02/19/2019 General Fund Exp Callinan -CC USBank 50.00 252678 02/19/2019 General Fund Meetings & Travel -ED USBank 50.00 252678 02/19/2019 General Fund Meetings & Travel -CM USBank 9.69 252678 02/19/2019 General Fund Meetings & Travel -CM US Bank 20.06 252678 02/19/2019 General Fund Meetings & Travel -CM US Bank 12.91 Check Total: 342.66 252679 02/19/2019 General Fund Community Promo -ED US Bank 412.44 252679 02/19/2019 General Fund Softwr License & Maint -ED USBank 99.00 Check Total: 511.44 252680 02/19/2019 General Fund Kaiser W/H Payable KAISER HEAL TH PLAN INC 10,962.16 252680 02/19/2019 General Fund Kaiser W /H Payable KAISER HEAL TH PLAN INC 45,824.70 252680 02/19/2019 General Fund Kaiser Hlth Ins -Retiree Med KAISER HEAL TH PLAN INC 24,559.42 252680 02/19/2019 General Fund Kaiser W/H Payable KAISER HEAL TH PLAN INC 108,458.72 252680 02/19/2019 General Fund Kaiser Senior Advantage-RetMed KAISER HEAL TH PLAN INC 10,225.44 252680 02/19/2019 General Fund Kaiser Hlth Ins -Retiree Med KAISER HEAL TH PLAN INC 954.66 Page 19 of21 Page 21 of21 ITEM NO. 6.B.2 1 Meeting Date: February 26, 2019 Department: Public Safety-Fire Prevention Division Submitted By: Jim Thompson-Fire Marshal Prepared By: Jim Thompson-Fire Marshal Agenda Title: Annual 2018 Fire Inspection Report (SB1205) RECOMMENDED ACTION: Per SB1205, staff recommends council acknowledge receipt of this report. BACKGROUND: Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year. It also requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards. Senate Bill 1205 was approved by the California State Governor on September 27, and requires every city or county fire department, city and county fire department, or district required to perform the above- described inspections to report annually to its administering authority, on the department’s or district’s compliance with the above-described inspection requirements. Senate Bill 1205 require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. ANALYSIS: The Fire Prevention Division of the Public Safety Department reports the following information pursuant to SB-1205 for the calendar year 2018: 2018 State Mandated Inspections: Rohnert Park Schools All schools were inspected as scheduled. Assembly Occupancy Locations (Theatres, Churches, gathering places): 185 inspections completed-100%. Total Fire/Life Safety Inspections for 2018: 1,964. This represents 100% of mandated inspections have been completed, with re-inspections as necessary. 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. 6.B.2 2 Construction Inspections for the year: A total of 2,352 inspections of construction projects in progress were performed. 2018 Miscellaneous accomplishments The Division completed 98 weed abatement inspections. All properties were brought into compliance without mandatory abatement enforcement. The Division updated the Department Fee Schedule. The Division created an ordinance, amending the Municipal Code, in an effort to address the Department’s response to false alarms within the City. The Division developed a Disaster Preparedness Educational Program which was presented several times during 2018. A total of 175 citizens attended the presentation. The Division completed 129 New Business Inspections. The Division completed 737 Plan reviews. STRATEGIC PLAN ALIGNMENT: The inspections and accomplishments are consistent with the following Strategic Plan Goals: Goal C: Ensure the effective delivery of public services. This was achieved by completing the mandated inspections of higher-risk occupancies. Goal D: Continue to develop a vibrant community: This was achieved by meeting the needs of the construction industry, through weed abatement, and providing a continued safe city in which to work and live. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends acknowledging and accepting report only. No other action is required or requested. 2. Alternative: No alternative is considered, as this is a mandated reporting. FISCAL IMPACT/FUNDING SOURCE: None Department Head Approval Date: 2/20/2019 Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 2/7/2019 Attachments (None) ITEM NO. 6.C.1 1 Meeting Date: February 26, 2019 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Mary Grace Pawson, Director of Development Services Agenda Title: Rescinding Approval of an Improvement Agreement and Authorizing Release of Performance and Labor and Materials Bonds for Water Tank 8 Originally Authorized by Resolution 2015-182 RECOMMENDED ACTION: Adopt a Resolution rescinding approval of an Improvement Agreement and authorizing release of Performance and the Labor and Materials Bonds for Water Tank 8 originally authorized by Resolution 2015-182. BACKGROUND AND ANALYSIS: In 2014, the City entered into an Amended and Restated Development Agreement (“DA”) with the University District LLC and Vast Oak Properties L.P. to facilitate the orderly development of the area known as the University District Specific Plan Area. The DA, among other things, directs the timing of construction of certain public infrastructure to ensure that the infrastructure is ready to serve new development within the Specific Plan Area. In December 2015, with its Resolution 2015-182, the City Council authorized Improvement Agreements for infrastructure necessary to support development for the first phase of the University District known as Vast Oak West. The authorized agreements included: • A Public Improvement and Fee Credit Agreement for Rohnert Park Expressway • A Public Improvement Agreement for Twin Creeks Park • A Public Improvement Agreement for Water Tank 8 • A Public Improvement Agreement for In-Tract and Hinebaugh Creek Trail Phase I Landscaping. At the time the various agreements were authorized, the University District developer posted performance and labor and material bonds for the work, including $3,526,000 in bonds associated with the water tank. Subsequent to these authorizations and as documented in a Second Amendment to the DA, the City and the Developer agreed that the City would undertake construction of the water tank using construction drawings and funding provided by the Developer. The Developer has provided $6,428,984 in funding for the water tank including $5,143,187 for construction and $1,285,797 for contingency. On April 24, 2017, the City awarded the construction contract for the Water Tank 8 to Argonaut Construction and work is ongoing. While there have been some change orders associated with the construction, the change orders have not exceeded the available 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. 6.C.1 2 funding and the DA requires the Developer to continue to provide funding as necessary to complete the tank. As a result, the Public Improvement Agreement with the Developer is no longer necessary, as the City’s construction contract will ensure construction of the tank. Staff recommends that the City Council rescind approval of the Improvement Agreement for the Water Tank and authorize release of the Performance and Labor and Material bonds back to the developer. Because the City is constructing the water tank, neither the Improvement Agreement nor the bonds are necessary. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. Releasing the unnecessary bonds will allow the Developer to redeploy its resources and bonding capacity to other portions of the project, which will support build-out of the University District and an ongoing contribution to the regional housing stock. OPTIONS CONSIDERED: None. The recommended action is consistent with the Development Agreement and Conditions of Approval for the University District. The City’s construction project will ensure that Water Tank 8 is available to support buildout of the University District. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact to the City associated with this action. Department Head Approval Date: 02/05/2019 Finance Director Approval Date: NA City Attorney Approval Date: 02/13/2019 City Manager Approval Date: 02/13/2019 Attachments 1. Resolution Rescinding Approval of an Improvement Agreement and Authorizing Release of Performance and Labor and Materials Bonds for Water Tank 8 Originally Authorized by Resolution 2015-182 RESOLUTION NO. 2019-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING APPROVAL OF AN IMPROVEMENT AGREEMENT AND AUTHORIZING RELEASE OF PERFORMANCE AND LABOR AND MATERIALS BONDS WATER TANK 8 ORIGINALLY AUTHORIZED BY RESOLUTION 2015-182 WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving an Amended and Restated Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC (“Developer”); and WHEREAS, on November 24, 2015, the City Council approved Resolution No. 2015- 182, authorizing and approving an Offsite Public Improvement and Public Facilities Fee Credit Agreement for Rohnert Park Expressway Improvements and Public Improvement Agreements for Twin Creeks Park, the Anderson 53 Water Tank (Water Tank 8), and In-tract Landscaping and Hinebaugh Creek Trail Landscaping with the Developer; and WHEREAS, consistent with the requirements of the various Improvement Agreements and the Rohnert Park Municipal Code, the Developer has posted a Performance Bond and a Labor and Materials Bond to guarantee construction of the authorized improvements including bonds in the amount of $3,526,000 to guarantee construction of Water Tank 8; and WHEREAS, after the approval of Resolution 2015-182, City and Developer agreed that the City will perform construction of the Water Tank, utilizing construction drawings and funding provided by the Developer, as documented in a Second Amendment to the DA; and WHEREAS, Developer has posted the required funding for the Water Tank in cash payments of $5,143,187 for construction and $1,285,797 for contingency ($6,428,984 total); and WHEREAS, the provisions of the Development Agreement allow the City to request additional funding from the Developer if that is necessary to complete construction of Water Tank 8; and WHEREAS, the City awarded a contract for construction of the Water Tank on April 24, 2017 and construction is underway and expected to be complete in 2019; and WHEREAS, the Public Improvement Agreement and Bonds for Water Tank 8 are no longer necessary to ensure its construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby rescind approval of the Public Improvement Agreement for Water Tank 8, previously authorized by Resolution No. 2015-182. 2019-019 BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park does hereby authorize staff to release the Performance Bond and Labor and Materials Bonds in the amount of $3,526,000, which were intended in ensure Developer’s performance under the Public Improvement Agreement for Water Tank 8. DULY AND REGULARLY ADOPTED this 26th day of February, 2019. CITY OF ROHNERT PARK __________________________________ ATTEST: Gina Belforte, Mayor _____________________________ JoAnne M. Buergler, City Clerk ADAMS: _________MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 6.D 1 Meeting Date: February 26, 2019 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: City Council Confirmation of Mayor Belforte’s Nomination of Michael Thompson for Appointment as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District for a Two-Year Term Expiring 12/31/2020 RECOMMENDED ACTIONS: Confirm the Mayor’s nomination of Michael Thompson as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District (District) for a Two-Year Term Expiring 12/31/2020. BACKGROUND: The City is a member of a number of joint powers authorities, governmental agencies, and advisory groups. The City selects representatives to serve on the boards of these agencies. Per the City Council Protocols (Protocols), the Mayor nominates and the Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces (see attachment 1). ANALYSIS: The City received two Fact Sheet Applications (see attachment 2) which were provided to Mayor Belforte for review and potential nomination. Mayor Belforte has nominated Michael Thompson. This nomination for an outside agency appointment requires City Council confirmation. STRATEGIC PLAN ALIGNMENT: Involvement by representation with outside authorities, governmental agencies, and advisory groups supports the City’s values of communication and collaboration and Goal A – Practice participative leadership at all levels. OPTIONS CONSIDERED: 1. Recommended Option: City Council confirm the Mayor’s nomination of Michael Thompson for a two-year term expiring 12/31/2020 as the City’s Representative to the Marin/Sonoma Mosquito & Vector Control District. 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. 2 2. Alternative: City Council could request the Mayor nominate a different person for appointment however this option is not recommended because Mayor Belforte has reviewed both candidates and has made her nomination. 3. Alternative: City Council can choose to not make an appointment however this options is not recommended because Rohnert Park’s Representative seat has been vacant since March 31, 2018. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: NA Finance Director Approval Date: NA City Attorney Approval Date: NA City Manager Approval Date: 2/21/19 Attachments (list in packet assembly order): 1. City Council Protocols Section IX, Outside Agency Appointments 2. Completed Fact Sheet Applications 11.Major sex crime with bodily injury 12.Kidnapping 13.A substantial school-related incident 14.Felony arrest of any City employee, or political figure 15.Found or threat of bomb or explosive device 16.Terrorist threat 17.Person/child struck in a crosswalk 18.Any event resulting in substantial media coverage ( e.g., discovery of improperly stored bodies by funeral home) 19.Any Public Safety event involving an elected official, City Manager, department head that comes to the attention of the Department of Public Safety 20.Activation of the City's Emergency Operations Center Requirements in existing law (e.g., juvenile information, notification of immediate family members) or the need to protect crime victims may restrict the ability to provide information. This policy is not intended to circumvent legal limits to law enforcement restricted information. In cases where incidents not requiring Council action occur during the hours of 9:00 p.m. through 8:00 a.m., Councilmembers will be contacted the next morning or shortly thereafter. VIII.LIAISON ASSIGNMENTS The Mayor assigns liaisons to various outside agencies, committees, commissions, boards, and taskforces. 1.Unless acting in an official liaison capacity, individual Councilmembers should refrain from attending meetings organized or chaired by City staff which are not open to the public. 2.Liaisons are obligated to keep Council well informed on activities pertaining to Rohnert Park via the Council Committee and Other Reports at Council meetings. 3.City staff may serve as a liaison with the concurrence of the City Manager. IX.OUTSIDE AGENCY APPOINTMENTS The Mayor nominates and the City Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces. City Council Protocols Page 21 o/27 Amended 1/22/2019 by Reso. No. 2019-012 Attachment 1 1.An appointee's role is to represent the City on matters affecting the City of Rohnert Park. Appointees have no authority to appropriate City funds except as otherwise approved by the City Council. 2.Appointees are obligated to keep Council well informed via Council meetings or City staff. 3.Appointees are expected to attend meetings on a regular and consistent basis. 4.Each appointee serves at the pleasure of the City Council. Any City Councilmember may bring forward a proposal to remove an appointee. Three affirmative votes of the City Council are required to remove an appointee. 5.City staff may be appointed with the concurrence of the City Manager. X.COUNCIL COMMITTEES A.Purpose The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing committees and in other instances these are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees. B.Appointment Council committees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment. 1.Standing Committee is a committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council. 2.Ad Hoc Committee is a committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council. C.Conflict of Interest Should an appointee to a committee discover a conflict of interest with his/her appointment to the committee, that discovery will be communicated to the Mayor immediately. D.Committee Meetings Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The· schedule of committee meetings will be City Council Protocols Page 22 o/27 Amended 1/22/2019 by Reso. No. 2019-012 City of Rohnert Park Fact Sheet for Appointments to Commissions, Committees and Boards R H�n�gPARK JAN 3 2019 CITY CLERK !Which Commission, Board, or Committee do you seek Appointment? /'r' a.,,;(j/So{\ornt,r_(tllo'j2v;/o � Ve.,lr �\) ·:)tit,l-\-Name _ ·D .. �_xh )e,J,\i..fu_ Residence Telephone (-)- . Address _ -1 \t..\r_3 I/CJTY1(.\.V', V . I Worlc Phone 1�(' -)-Fax )-t Eman l_�U'S�Y\. mSyy\"C.d� J.Y'C ·,' .�OVV"'"\..Indicate Reasons for your Interest in Appoinbnent Cell C. �\-y 0( CJ-Qi \k�rcser?�.,J,'vL (, 'J-O \to -:).o\<2) µDl,)l, io ('.I, Y"-� '1""-0 l;JO r \� t,-l 1-\h -\k y; -,-\., '0+-I ct'.', )4', �J ?.A"- -lfe�0e_yk _ _ List Adivities in dubs, Associations, etc, Are you Over 18? Are you Registered to Vote in Rohnert Park? Yes ._ What Y;r ;-;;-��me i Rohnert Park Resident? ! RO I '\ I Employer vo,� \j Ae.:K�dress - --t \")&� N_c,4\,) M 'uo1..\k I/I Type of Business 'f' Lo \£7,: t t-\. ;\Jo r-,.,__i£ +-s;edftc Work Pelform� �S< �S<_.rv�'\ o ,,,._High School Diploma Y I ---- --Other Degrees, Awards, etc. - (y�c)v'c� v-il ·v,r,d�f'C,�ti) � No .EJ __, --I 1'0\l 11 �t}X(>-1.r � � fe£v,i ·�Y'\ )Jw4?cJ0oµ, fl;kg Signature � -�- Date: PLEASE RETURN TO CTTY CLERK'S OFFICE Vi/;101� 130 Avram Avenue• Rohnert Park CA• 94928 • (707) 588-2227 • Fax (707) 794-9248 www.rpcity.org Fonn Approved by Ci1y Council I n,'03 m:\comntis�ion-commilh!c-bon.rd oppointmcn1s\20l8-2019 annunl appointmcn1 tOmts\2019 fact shcc1.do�x Attachment 2 City of Rohnert Park Fact Sheet for Appointments to Commissions, Committees and Boards j Which Com�ssion, Boa�:·-�·;"�ttee do you� Ap-p-oi-nlJn-en-t? _________________ _ Marin/Sonoma Mosquito and Vector Control District lhdlcal'e Re�on� For your Interest In AppoJn_unent I.Ci VV\ 11A...\e V'e";:,�_J C � \.-'V\1/ViU V) :� OHNERTPARK 2019 FEB 1 9 2019 CITY CLERK --------.. ---------�---------------------• List Activities In Cubs, Associations� etc. Ar� you over 18? ®'---..,,.,,,.::=============----_·1-... N_-·�-·-_____ _ Are you Registered In Vote in Rqhnert Park? No Employer A(;ldres.s Type of Business Specific Work Performed 11fgh Sdlool Dlp!dma Other Degrees, Awards, etc. --���------�---- -� Ca\ -+:>C)i 0 S:?vi Lu\·'S C9bi'-,pc ) Ci') 1 1 c:5-vy;,v,eer f� Uc -D4'-l. ls £�51V1e c-,-;s Mvvi I Vil' si"��\v� U �----�'-J \ C, � d E -�\L\.ee c I""� ___ ----" -----'�� -- ·-- Date: z� -;} j_/ Cf�--7 .... ..,... PLEASE RETURN TO CITY CLERK'S OFFICE 130 Avram Avenue • Rohnert Park CA • 94928 • 1707) 588-2227 • Fax (707) 794-9248 www.rpclty.org Form Approved by City Council ln/03 m:\conunission-committee-board eppolntments\2018-2019 annual appoiutment fonns\2019 foci sheet.docx Connected… 27 Phones issued Currently issued to supervisors and specialty positions. Patrol Staff are required to use their own device or return to one of the stations to contact Dispatch or reporting parties on reports. (State of New Mexico v. Marty Ortiz) and legal counsel from union representation warns of using a personal device for “work” related business… The personal device content can become discoverable in a civil or criminal matter. Lexipol “Electronic Communication Device” issuance and use policy drafted and will be acknowledged upon issuance. •APP based scheduling (Schedule Express) •APP based policy and procedures (Lexipol) •Disaster service worker •Digital Camera / Upload to evidence database •Audio Recorder •Department text message and email access •Mobile ALPR •Keeps officers in the field / “Back to Basics” Current 27 Cellular Data Plans ($15,390/yr) Proposed addition 55 Phones+Data Plans ($5431.25 initial) Recurring data plan ($32,175/yr) New Annual Data Plan Cost 82 Cellular Data Plans ($47,565) •Animal Shelter •Casino •Fire •Police Recurring funding will come from the Public Safety Budget Approve a Resolution authorizing the Finance Director to increase appropriations in FY 2018-2019 budget by $40,000 from State Asset Forfeiture fund to purchase electronic communication devices (cell phones). ITEM NO. 7 1 Meeting Date: February 26, 2019 Department: Public Safety Submitted By: Commander Aaron Johnson Prepared By: Commander Aaron Johnson Agenda Title: Consideration an Increase in Appropriations in the FY 2018-19 Budget by $40,000 from the State Asset Forfeiture Fund for the Purchase of Cellular Telephones for Public Safety Patrol Officers RECOMMENDED ACTION: Approve a resolution authorizing the City Manager to increase appropriations in the FY 2018-19 budget by $40,000 from the State Asset Forfeiture fund for the purchase of cellular telephones. BACKGROUND: The Public Safety Department is tasked with the safety and security of all of those who live, work, and visit the City of Rohnert Park. In order to provide the best service, our personnel must remain proactive and visible to the community. Currently, the Department issues cellular phones to all command staff, supervisors, and staff assigned to specialty positions which include COPS, Detectives and K9. The Department does not currently provide cellular phones to our Patrol personnel who are required to make calls to citizens who have requested a call from an officer, conduct calls regarding investigative follow- up, or contact the dispatch center or their shift supervisors. Currently, our patrol officers are required to respond to the Public Safety building, Fire Stations 2 or 4, or use their personnel cell phones to complete these tasks. As a result, personnel are pulled from their assigned beat to complete their calls. As laws continue to change regarding police officer records and transparency, as well the ability to subpoena an officers personal cell phone and personal cell phone records, (State of New Mexico v. Marty Ortiz)1, if it is determined to been used during the course of employment, it is becoming more important to issue cell phones to the officers for use while on duty and in their official capacity. In addition, we ask officers to provide some sort of “text” receivable device in order to provide the Department the ability to alert them to a critical incident or notification from the agency requesting assistance. Although Department Policy does not require the officer leave their personal device on and operational, we do require some sort of method for notification. Recently our staff signed declarations acknowledging their duty as a disaster service worker. In order to be called in to work in this capacity, it is imperative the agency be able to contact the employee in a rapid manner such as a mass text message to staff. 1 https://daiglelawgroup.com/wp-content/uploads/2016/10/Cell-Phone-Use-You-Want-My-What....pdf …officers must understand that if they choose to utilize non-department issued communication devices to conduct their law enforcement duties those devices and their records may be up for review when defense attorneys come knocking on the discovery door. A police officer’s privacy interests may take a back seat when a defense attorney makes a convincing case as to the need for such information… Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7 2 We have also began the implementation of an application (app) based scheduling software in order to make requesting time off and accepting shifts much more efficient for the staff. This app will also assist the Department in general schedule maintenance due to real-time data input into the scheduling software. The app cannot be loaded onto personal devices without an additional cost to the employee. The Department currently spends $150 per officer for a camera to be used to take evidentiary photographs which requires our personnel to again return to the Public Safety Station to upload the photographs into the evidence system. By issuing a Department owned cellular phone, our personnel can use the cellular phone to take evidentiary photographs and upload those photographs into evidence from the field. This will help our personnel be more efficient and will eliminate the need to purchase cameras and docking stations. ANALYSIS: The Department currently issues 27 cellular phones to supervisors and members of specialty units. In light of recent case law as well as operational efficiency, it is recommended we purchase an additional 54 phones to provide a cellular device to all PSO’S, CSO’S, Fire Prevention and Supervisors. These phones will provide an additional level of customer service to our community based on the staff member being able to readily contact members of the community from the field and will increase their availability and response to calls for service. STRATEGIC PLAN ALIGNMENT: Per the City of Rohnert Park Strategic Plan, Goal C, Section C-3, 3. – Ensure the Effective Delivery of Public Services, Integrate Technology Into Operations. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends the City Council adopt a resolution authorizing the City Manager, or his designee, to increase appropriations in the FY 2018-19 budget by $40,000 from the State Asset Forfeiture fund for the purchase of cellular phones. 2. Alternative: Staff also considered continuing current department procedure of issuing cellular phones to a limited number of employees, however this is not recommended for the reasons sated above. FISCAL IMPACT/FUNDING SOURCE: The cost of the aforementioned project is estimated to be $40,000. The State Asset Forfeiture Fund (Fund 106) will be used to purchase the equipment and initial data plan. The ongoing annual cost will be approximately $32,400. This will be added to the Public Safety Department budget which is supported primarily by the General Fund. Department Head Approval Date: 2/7/2019 Finance Director Approval Date: 2/7/2019 City Attorney Approval Date: N/A City Manager Approval Date: 2/20/2019 Attachments: 1. Resolution RESOLUTION NO. 2019-020 A RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING AN INCREASE IN APPROPRIATIONS IN THE FISCAL YEAR 2018- 19 BY $40,000 FROM THE STATE ASSET FORFEITURE FUND FOR THE PURCHASE OF CELLULAR TELEPHONES FOR PUBLIC SAFETY OFFICERS WHEREAS, the City of Rohnert Park desires to improve operational efficiency in the Public Safety Department; and, WHEREAS, integrating technology into operations is a strategic plan goal; and, WHEREAS, equipping our patrol officers with modern technology to provide effective service to our community is consistent with our strategic plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park, that City of Rohnert Park authorizes the City Manager to increase Fiscal Year 2018-19 appropriations by $40,000 from the State Asset Forfeiture Fund (106) and the City Manager is authorized to take other actions necessary to effect the purchase of cellular phones for Public Safety Officers and related staff. DULY AND REGULARLY ADOPTED this 26th day of February, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Commander Mike Bates & Sgt. Keith Astley Adopted Ordinance in 2007 ◦One of the most progressive ordinances in the U.S. ◦Ahead of 2021 RBS requirements Revised in 2011 ◦To address distance restrictions ◦Director discretion based on particular consideration of the peace, order and moral welfare of the public (8.34.060). 8.34.010 ◦Addition of Specific License Types ◦Addition of “Other” License Types 8.34.050 ◦Establishment of a $250 Application Fee by Resolution 8.34.080 ◦Updated Appeals Process 8.34.140 ◦Non-Compliance with RBS ◦60 Days/ Every 3 Years ◦Possible Revocation (8.34.210) 8.34.160/ 8.34.210 ◦Late Payment of Permit Fees 8.34.200 ◦Administrative Penalty for Selling Alcohol to Minors In person RBS training through RPDPS 8.34.190 ◦City Council Report to Align with Calendar Year 8.34.230 ◦Enhanced Language/ Appeals Process for Revocation Letter sent to all businesses ITEM NO. 8 1 Meeting Date: February 26, 2019 Department: Public Safety Submitted By: Mike Bates, Commander Prepared By: Mike Bates, Commander Agenda Title: Introduction of Ordinance -Consideration of Changes to Chapter 8.34 Use Permits for Alcoholic Beverage Establishments of the Rohnert Park Municipal Code and Adoption of New Permit Fee Sliding Scale and Fines RECOMMENDED ACTION: Approve the amendments to Rohnert Park Municipal Code Chapter 8.34 regarding addition of alcohol service license types and definitions (8.34.010), establishment of an application fee as outlined in 8.34.050, updated appeal process (8.34.080), enhanced training requirements to mandate in-person only (8.34.140), addition of failure to meet training requirements can be cause for revocation of use permit (8.34.210), removal of calls for service as part of the permit fee sliding scale found in 8.34.150, to instead require that permit fees offset the total regulatory costs of enforcement, City Council Report to coincide with calendar year and be presented in March (8.34.190), and enhanced language as it pertains to appeals process for revocation (8.34.230). Upon adoption of the ordinance, adopt a resolution to institute a $250 administrative fine for: employers who do not comply with the provisions as outlined in 8.34.140 (Attend Responsible Beverage Service (RBS) Training within 60 Days of Employment); late payment of the annual permit fee (8.34.160); and for alcohol sales to a minor decoy (8.34.200). BACKGROUND: The City of Rohnert Park is one of the most progressive cities in California when it comes to alcoholic beverage sales/service regulation. The newly adopted statewide Responsible Beverage Service Training Act of 2017 mandates alcoholic beverage servers in California to attend responsible beverage service (RBS) training effective July 1, 2021. With the ordinance currently in effect, the City already provides quality RBS training to those employed at an alcoholic beverage licensed establishment. In 2007, the City Council adopted Ordinance 780 adding Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park Municipal Code. The ordinance required each owner or permittee of an alcohol establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the City. The permit required establishments to comply with operational standards and training requirements set forth in the ordinance. The 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 annual fee provided the revenue necessary to fund the costs incurred by the Department of Public Safety to monitor compliance, enforce the conditions of the permit, and implement a training program to promote responsible policies and practices. In 2011, the City Council adopted Ordinance 841 which changed the “1,000 feet” restriction in Chapter 8.34 to “500 feet” for off-sale businesses only. This distancing requirement was more appropriate given the distribution of sensitive uses and alcohol establishments in the City. Also that year, “places of worship” was removed from the list of sensitive uses since they may be located in commercial spaces in light of the City’s Zone Code and federal laws such as the Religious Land Use and Institutionalized Persons Act (RLUIPA). Section 8.34.060 was also amended to allow the Director of Public Safety and/or his designee to use discretion in granting alcohol use permits based on particular consideration of the peace, order and moral welfare of the public. Specifically, rather than requiring that five findings be made prior to permit issuance as required by the code, under the amended code the Director must consider those factors but has the discretion to issue a permit even where not all five findings can be made if the factual circumstances warrant it. For example, this flexibility would allow the Director to take into account that two establishments are technically within 500 feet of one another but are physically separated (such as by the highway), in deciding whether to issue a permit. ANALYSIS: Due to the addition of license types through the California Department of Alcoholic Beverage Control, section 8.34.010 was amended to reflect those changes by adding the latest license types as well as “other license types implemented by the ABC for licensing consumption on- premises.” Section 8.34.050 identifies the establishment of an application fee by resolution. It is recommended the application fee be set at $250. This fee will cover administrative costs associated with reviewing and processing such applications. The appeal process (8.34.080 and 8.34.230) was updated to reflect other City appeal processes. During Informed Merchants Preventing Alcohol-Related Crime Tendencies inspections officers consistently found businesses to be out of compliance with the training requirement listed in 8.34.140, requiring that all sellers/servers of alcoholic beverages complete an approved course in "Responsible Beverage Sales" (RBS) within sixty days of hire and renew such training every three years. During inspections at a permitted establishment, employees found working in the capacity of serving/ selling alcohol must present their RBS completion card when asked by officers. A proposed change under this ordinance would be to subject any establishment found to be in violation of the training requirements of section 8.34.140 to a $250.00 fine. Since 2007, some permittee(s) have not paid for their use permit fee in a timely manner. This year two businesses, which were billed in February, did not pay until August. Many others took over three months to submit payment. It is costly and laborsome to repeatedly contact these business through violation notices and in person visits to collect overdue fees. Staff recommends ITEM NO. 8 3 a $250 fine be established (8.34.160) for those who do not pay their permit fee within the 30 day timeframe (8.34.210). Staff recommends that the annual City Council Report on the expenditures of the total of annual alcohol permit fees collected be changed to coincide with the calendar year and will be presented no later than the last Council meeting in March (8.34.190). Operational data collected from enforcement activities since 2007, indicates a lack of compliance with not selling alcohol to minors. To encourage compliance, staff recommends an administrative penalty for those who sell to a minor decoy. After the institution of mandated Responsible Beverage Service in 2007, the department saw the serving/ selling of alcoholic beverages to minor decoys decline from a 27% furnishing rate to 14%. During those sting operations, minors carried their government issued identification that clearly indicated they were under 21. From 2013-2015, officers carried out a two-year Borrowed ID Education Campaign where decoys carried a valid government identification issued to a person who is much older (30’s) than the decoy and even of a different ethnicity/race. This resulted in an astonishing 78% furnishing rate. As a result, Responsible Beverage Service Training Curriculum was changed to overemphasize the importance of making sure identification belongs to the person who presents it. This change is also the motivation behind accepting only in-person RBS as provided by RPDPS Personnel. During recent minor decoy operations, 19 out of 26 merchants sold alcohol to a 14 year old female who presented a fake ID, belong to a different person. Out of the 19 merchants who sold, 11 had not attended mandated Responsible Beverage Service Training. Staff recommends the proposed fine for establishments that sell to a minor decoy be assessed a $250 fine per sale of alcoholic beverage (8.34.200). To mitigate the ongoing issues identified above staff recommends instituting the aforementioned fines to help gain compliance and recover costs incurred by the City. The Ordinance would make the below offenses specifically subject to criminal penalty or administrative citation. The amount of penalty would be set by resolution, and the below table outlines the proposed fines: Section Reason For Fine Proposed Fine 8.34.140 Failure to attend RBS Training $250 8.34.160 Late Payment of Permit Fees $250 8.34.200 Administrative Penalty For Selling To Minors $250 STRATEGIC PLAN ALIGNMENT: Goal C: Ensure the effective delivery of public services. The proposed fines will assist with gaining compliance as outlined in the ordinance. Goal D: Continue to develop a vibrant community. ITEM NO. 8 4 The City of Rohnert Park is one of the most progressive/ innovative cities in the state when it comes to combating alcohol related problems. OPTIONS CONSIDERED: Option 1: Recommended. Introduce ordinance revising the provisions of the ABSO program to clarify license types to meet the requirements of the Alcoholic Beverage Service Ordinance, update the appeal process, require in person Responsible Beverage Service Training only, change the date City Council receives the annual report to coincide with calendar year, enhance appeals process language as it applies to revocation. Upon adoption of the ordinance, adopt a resolution that establishes fines for late payment of annual permit fee, and adopt an administrative penalty for selling alcohol to a minor and failing to meet training requirements which will hold businesses accountable for not following the intent of the ordinance. Option 2: Not Recommended. The proposed revisions enhance the ability of the City to hold accountable those who fail to meet the intent of the ABSO ordinance. Not adopting the proposed changes could result in a continued lack of compliance. FISCAL IMPACT/ FUNDING SOURCE: Projected annual increase in revenue to the Alcoholic Beverage Service Ordinance (ABSO) as a result of assessed fines. Department Head Approval Date: 2/11/19 Finance Director Approval Date: 12/27/18 City Attorney Approval Date: 11/12/18 & 2/7/19 City Manager Approval Date: 2/11/19 Attachments (list in packet assembly order): Attachment A – Proposed Revised Chapter 8.34 Attachment B – Ordinance for Introduction Attachment C – Resolution Attachment A – Proposed Revisions 8.34.010 - Definitions. As used in this chapter: "Alcoholic beverage" means any beverage fit for consumption which contains one-half of one percent or more of alcohol by volume. "Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage Control. "Alcoholic beverage establishment" means any off-sale or on-sale alcoholic beverage establishment. "Alcoholic beverage establishment, off-sale" means any business where alcoholic beverages are sold for consumption off of the establishment's premises including, but not limited to, any business that has obtained or intends is required to obtain an ABC license type 20 or 21. "Alcoholic beverage establishment, on-sale" means any business where alcoholic beverages are sold or served for consumption on the premises and which is applying for or has obtained , including but not limited to any business required to obtain an ABC license type 40, 41, 42, 47, 48, 51, 52, 61, 63 and/or 75, 74, 75 or other license type implemented by the ABC for licensing consumption on- premises. "City manager" means the city manager or his or her designee. "Decoy" means a person under 21 being used by a peace officer as part of any law enforcement- initiated minor decoy program, including programs authorized under Business and Professions Code section 25658 and any other minor decoy programs operated by the Rohnert Park Department of Public Safety, to apprehend permittees, or employees or agents of permittees, or any other persons who sell or furnish alcoholic beverages to minors. "Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage establishment in existence and lawfully operating in the city immediately prior to the effective date of the ordinance codified in this chapter. "Finance Director of administrative services" means the finance director of administrative services or his or her designee. "Director of public safety" means the director of public safety or his or her designee. "Enforcement officer" means the city of Rohnert Park director of public safety or his or her designee. "Licensee" means any person or business licensed by the State of California Department of Alcoholic Beverage Control actively conducting retail alcohol sales. In any case where a person or business maintains duplicate licenses or catering licenses at a location, such person or business shall be deemed a single "Licensee." 8.34.020 - Administration. The director of public safety is responsible for issuing the use permits required by this chapter, and for carrying out such other responsibilities contained in this chapter. The director of public safety is also responsible for monitoring compliance by the owners, operators and employees of an alcoholic beverage establishment with conditions imposed on any use Attachment A – Proposed Revisions permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for initiating appropriate enforcement action in the event of noncompliance. The finance director of administrative services is responsible for collecting all annual permit fees imposed pursuant to the provisions of this chapter. 8.34.040 - Application for use permit—Form and content. An application for a use permit required by this chapter must be in the form prescribed by the director of public safety and shall contain all of the following information: A. The address of the establishment selling alcoholic beverages; B. The type of ABC license the applicant is seeking for the alcoholic beverage establishment; C. The true and complete name and address of each lender or share holder shareholder with a five (5) percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid; D. For off-sale establishments eleven thousand (11,000) square feet or less in size, a verification that the establishment is not located within five hundred (500) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or less in size; and E. For on-sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a verification that the establishment is not located within one thousand (1000) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments with ABC license type 40, 42 or 48. 8.34.060 - Action on application for a use permit. The director of public safety will consider each complete application for a use permit required by this chapter within thirty (30) business days of submittal, and may consider the following prior to making a decision whether to issue the permit. A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; B. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity; C. The proposed off-sale establishment is eleven thousand (11,000) square feet or less in size and is not located within five hundred (500) feet of any existing schools, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand (11,000) square feet or less in size; D. The proposed on-sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand (1000) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48; Attachment A – Proposed Revisions E. The proposed establishment is not located in a high-crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur. 8.34.080 - Appeals from a determination on an application for use permit. Any applicant or other person aggrieved by a decision of the director of public safety on an application for a use permit required by this chapter, may appeal in writing the decision of the director of public safety to the city manager within the time and in the manner required by Section 8.34.230 of this chapterby filing a complete notice of appeal no later than ten (10) calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied an appeal fee in an amount established by resolution. The city manager shall render a written decision, including the grounds upon which the decision is either upheld or overturned, within fifteen (15) calendar days of the date that a complete notice of appeal was received. The decision of the city manager shall be final. 8.34.140 - Training requirements for all alcoholic beverage establishments. A. TrainingTraining. All sellers/servers of alcoholic beverages shall complete an approved in- person training course in “Responsible Beverage SalesService” (RBS) within sixty days of hire for employees hired after the passage of the ordinance codified in this chapter or within six months of the passage of the ordinance codified in this chapter for existing employees. (60) days of hire and shall renew certification every three (3) years from date of last RBS course attended. The course must be an in-person training course either provided by or approved by the department of public safety. B. Employer Responsibility. Businesses found to have employees working as a seller or server in violation of the training requirement of this section will be subject to penalty in accordance with Section 8.34.210. B. Certified Programs. To satisfy the requirements of this section, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California. 8.34.150 - Annual permit fees. The city council shall establish by resolution an annual use permit fee that shall be imposed on each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter, including any new or modified establishment or deemed approved establishment issued a permit pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on: A. The The hours of operation that alcohol is sold at the establishment; B. The The volume of alcohol sales at the establishment; C. The number of police calls for service at the establishment; D. The C. The estimated annual costs of the police services necessary to monitor and enforce the operational standards and other use permit conditions and requirements for all establishments within that license category; and Attachment A – Proposed Revisions ED. The The estimated staff costs to bill and collect the annual permit fee. 8.34.160 - Billing and payment. All annual permit fees imposed on an alcoholic beverage establishment operating under a use permit issued in the manner provided for by this chapter including "deemed approved" establishments shall be billed by the administrative services finance department on or before the first day of January of each year. The fee is due and payable immediately upon receipt, and will be deemed delinquent if not paid within thirty (30) days of the bill's mailing. 8.34.170 - Administrative review of fee. – Delinquency. Delinquency in payment shall subject the permittee to collection in accordance with chapter 1.27 and any applicable late payment charges set forth in the administrative fees and fines schedule adopted by resolution of the city council. Delinquency in payment shall also subject the permittee to revocation of the permit in accordance with Section 8.34.240. Licensee may to challenge the amount of the annual use permit fee in accordance with Section 3.32.060 of this code. 8.34.180 - Establishment of alcohol permit fee account. A. The The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees described in this chapter. B. Funds Funds from the "Alcohol Permit Fee Account" shall be used only to recover the cost of the services including costs incurred by the city in regulating licensed alcohol establishments subject to this chapter, including but not limited to education, inspections, enforcement operations and administrative hearings, related to the monitoring and enforcement of the performance standards, conditions of operation and regulations established for licensed alcohol establishments in this chapter, enforcement operations, administrative hearings and any other regulatory costs. 8.34.190 - Report of expenditure of fees to be collected. A. Not Not later than the last meeting of October March in each calendar year, the enforcement officer shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees collected. B. The The report shall set forth such matters as: 1. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this chapter related to the operation of licensed alcohol establishments in the city of Rohnert Park. 2. Methods of mitigating such problems, through prevention, education and enforcement of the performance standards, conditions and regulations. 3. The specific allocation of the fees to be collected to activities described in the report. Attachment A – Proposed Revisions 8.34.200 - Violations. A. It It is unlawful for any person to operate a new or modified alcoholic beverage establishment: 1. Without a valid use permit issued in the manner provided by this chapter; or 2. In violation of any requirements and conditions of any applicable use permit issued pursuant to this chapter, including, but not limited to, any operational standards and training requirements. B. It It is unlawful for any person to operate a deemed approved alcoholic establishment in violation of the operational standards set forth in this chapter and incorporated into a permit issued to the establishment pursuant to this chapter. C. It is unlawful for any person, including any permittee or such permittee’s agent or employee, to sell an alcoholic beverage, or cause an alcoholic beverage to be sold, to a decoy. D. It is unlawful for any permittee of an establishment to allow a seller or server to sell alcoholic beverages at their establishment in violation of the training requirement of this chapter. 8.34.210 - Penalties. A Any person violating this chapter shall be guilty of a misdemeanor, which may at the discretion of the City Attorney or other enforcing authority be charged and prosecuted as an infraction, and such person shall be subject to the penalties set forth in Chapter 1.16 of this code if: . Additionally, any person violating the provisions of this chapter shall be subject any other legal remedies of the City, criminal or civil, as set forth in the code or available under law, including but not limited to administrative citation pursuant to chapter 1.25. The City Council may establish by resolution the amount of fines, fees or penalties to be collected by administrative citation for violations of this chapter. A. The person operates a new or modified alcoholic beverage establishment without a use permit required by this chapter. B. The person has been issued a use permit for an alcoholic beverage establishment in the manner provided by this chapter, and causes or permits the establishment to be operated in violation of the requirements or conditions of the use permit. 8.34.230 - Preliminary notice of violation and hearing. Revocation of Use Permit. A. Preliminary A. Preliminary Notice. Where the public safety department determines that an alcoholic beverage establishment is operating in violation of the provisions of this chapter, including, but not limited to, any of the training requirements of this chapter or the requirements and conditions of the use permit issued to such establishment in the manner provided by this chapter, the department of public safety will issue a notice to the permittee that describes the nature of the violation, the corrective action to be taken, and the time within which the corrective action must be completed. B. Notice Notice of Hearing. If the licensee permittee has not taken corrective action with the time specified, the director of public safety director shall provide the licensee permittee with notice of a hearing. The notice shall specify the facts which constitute the violation, specify the time, date, and place of the hearing, and state that the licensee permittee may be represented by Attachment A – Proposed Revisions counsel or other interested persons. Said notice shall be served at least fifteen ten (10) days prior to the hearing by mailing by certified first class mail, postage prepaid, addressed to the licensee's residence permittee as indicated in on the most recent use permit application on file. Service shall be deemed complete at the time of deposit in the United States mail. C. HearingC. Hearing. At the hearing, the licenseepermittee, his or her counsel, and any other interested person(s) shall have the right to present evidence as to the facts upon which the director of public safety director proposes to revoke the use permit. D. Notice Notice of Decision. If after said hearing, the director of public safety director finds that any of the grounds for revocation exist, he or she shall within ten thirty (30) calendar days after the hearing serve by certified first class mail, postage prepaid, a notice of decision upon the licensee permittee and all interested persons participating in the hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his /her decision, and shall indicate the appeal procedure. E. Effective Effective Date of Decision. The decision of the director of public safety director shall be final and binding on all interested parties ten (10) calendar days after the notice of decision is mailed, unless an appeal is filed. F. AppealAppeal. The decision of the director of public safety director to revoke a use permit may be appealed in writing to the city manager within ten days of mailing of the notice of decision. by filing a complete notice of appeal no later than 10 calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by an appeal fee in amount established by resolution. The city manager shall hear the appeal within thirty (30) days of receipt of the written appeal. At the hearing, the appellant may present evidence in support of the contentions stated in the notice of appeal. Any interested person(s), including the public safety director, may be allowed to participate in the hearing and present evidence in support of the decision of the public safety director. The city manager shall render a written decision, including the grounds upon which the revocation is either upheld or overturned, within fifteen days of the date of the appeal hearing. A copy of the city manager's decision shall be served by certified first class mail, postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the city manager shall be final. Page 1 of 7 OAK #4842-4169-5085 v2 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 8.34 – USE PERMITS FOR ALCOHOL BEVERAGE ESTABLISHMENTS WHEREAS, Ordinance No. 780 enacted Chapter 8.34 of the Rohnert Park Municipal Code, which currently regulates alcohol beverage establishments within the City of Rohnert Park; and, WHEREAS, in order to regulate alcohol beverage establishments, so as to minimize incidents and nuisances arising out of the sale of alcohol, minimize impacts on the health, safety, and general welfare in surrounding areas including residential neighborhoods, and promote the success of the alcohol beverage establishments and surrounding businesses, Chapter 8.34 of the Rohnert Park Municipal Code subjects all alcohol beverage establishments to a use permit requirements, conditions of operation, and annual permit fee; and WHEREAS, the City Council of the City of Rohnert Park desires to make amendments to Chapter 8.34 to clarify existing requirements on alcohol beverage establishments, and provide further enforcement mechanisms intended to protect public health and safety, minimize the unlawful sale of alcohol to minors, and ensure compliance with conditions of operation established for on alcohol beverage establishments, NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals and Evidence. The above recitations are true and correct and material to this Ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference all staff reports, presentations, and other documentation presented to the Council in the meeting. Section 2. Amended. Sections 8.34.010, 8.34.020, 8.34.040, 8.34.060, 8.34.080, 8.34.140, 8.34.150, 8.34.160, 8.34.170, 8.34.180, 8.34.190, 8.34.200, 8.34.210, and 8.34.230 of the City of Rohnert Park Municipal Code, Chapter 8.34 – Use Permits for Alcoholic Beverage Establishments, are amended to read in their entirety as follows: Section 8.34.010 - Definitions. As used in this chapter: "Alcoholic beverage" means any beverage fit for consumption which contains one-half of one percent or more of alcohol by volume. "Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage Control. "Alcoholic beverage establishment" means any off-sale or on-sale alcoholic beverage establishment. "Alcoholic beverage establishment, off-sale" means any business where alcoholic beverages are sold for consumption off of the establishment's premises including, but not limited to, any business that is required to obtain an ABC license type 20 or 21. Page 2 of 7 OAK #4842-4169-5085 v2 "Alcoholic beverage establishment, on-sale" means any business where alcoholic beverages are sold or served for consumption on the premises, including but not limited to any business required to obtain an ABC license type 40, 41, 42, 47, 48, 51, 52, 61, 63, 74, 75 or other license type implemented by the ABC for licensing consumption on-premises. "City manager" means the city manager or his or her designee. "Decoy" means a person under 21 being used by a peace officer as part of any law enforcement-initiated minor decoy program, including programs authorized under Business and Professions Code section 25658 and any other minor decoy programs operated by the Rohnert Park Department of Public Safety, to apprehend permittees, or employees or agents of permittees, or any other persons who sell or furnish alcoholic beverages to minors. "Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage establishment in existence and lawfully operating in the city immediately prior to the effective date of the ordinance codified in this chapter. "Finance Director" means the finance director or his or her designee. "Director of public safety" means the director of public safety or his or her designee. "Enforcement officer" means the city of Rohnert Park director of public safety or his or her designee. Section 8.34.020 - Administration. The director of public safety is responsible for issuing the use permits required by this chapter, and for carrying out such other responsibilities contained in this chapter. The director of public safety is also responsible for monitoring compliance by the owners, operators and employees of an alcoholic beverage establishment with conditions imposed on any use permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for initiating appropriate enforcement action in the event of noncompliance. The finance director is responsible for collecting all annual permit fees imposed pursuant to the provisions of this chapter. Section 8.34.040 - Application for use permit—Form and content. An application for a use permit required by this chapter must be in the form prescribed by the director of public safety and shall contain all of the following information: A. The address of the establishment selling alcoholic beverages; B. The type of ABC license the applicant is seeking for the alcoholic beverage establishment; C. The true and complete name and address of each lender or shareholder with a five (5) percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid; D. For off-sale establishments eleven thousand (11,000) square feet or less in size, a verification that the establishment is not located within five hundred (500) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or less in size; and Page 3 of 7 OAK #4842-4169-5085 v2 E. For on-sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a verification that the establishment is not located within one thousand (1000) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments with ABC license type 40, 42 or 48. Section 8.34.060 - Action on application for a use permit. The director of public safety will consider each complete application for a use permit required by this chapter within thirty (30) business days of submittal, and may consider the following prior to making a decision whether to issue the permit. A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; B. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity; C. The proposed off-sale establishment is eleven thousand (11,000) square feet or less in size and is not located within five hundred (500) feet of any existing schools, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand (11,000) square feet or less in size; D. The proposed on-sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand (1000) feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48; E. The proposed establishment is not located in a high-crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur. Section 8.34.080 - Appeals from a determination on an application for use permit. Any applicant or other person aggrieved by a decision of the director of public safety on an application for a use permit required by this chapter, may appeal in writing the decision of the director of public safety to the city manager by filing a complete notice of appeal no later than ten (10) calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied an appeal fee in an amount established by resolution. The city manager shall render a written decision, including the grounds upon which the decision is either upheld or overturned, within fifteen (15) calendar days of the date that a complete notice of appeal was received. The decision of the city manager shall be final. Section 8.34.140 - Training requirements for all alcoholic beverage establishments. A. Training. All sellers/servers of alcoholic beverages shall complete an in-person training course in “Responsible Beverage Service” (RBS) within sixty (60) days of hire and shall renew certification every three (3) years from date of last RBS course attended. The course must be an in-person training course either provided by or approved by the department of public safety. Page 4 of 7 OAK #4842-4169-5085 v2 B. Employer Responsibility. Businesses found to have employees working as a seller or server in violation of the training requirement of this section will be subject to penalty in accordance with Section 8.34.210. Section 8.34.150 - Annual permit fees. The city council shall establish by resolution an annual use permit fee that shall be imposed on each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter, including any new or modified establishment or deemed approved establishment issued a permit pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on: A. The hours of operation that alcohol is sold at the establishment; B. The volume of alcohol sales at the establishment; C. The estimated annual costs of the police services necessary to monitor and enforce the operational standards and other use permit conditions and requirements for all establishments within that license category; and D. The estimated staff costs to bill and collect the annual permit fee. Section 8.34.160 - Billing and payment. All annual permit fees imposed on an alcoholic beverage establishment operating under a use permit issued in the manner provided for by this chapter including "deemed approved" establishments shall be billed by the finance department on or before the first day of January of each year. The fee is due and payable immediately upon receipt, and will be deemed delinquent if not paid within thirty (30) days of the bill's mailing. Section 8.34.170 – Delinquency. Delinquency in payment shall subject the permittee to collection in accordance with chapter 1.27 and any applicable late payment charges set forth in the administrative fees and fines schedule adopted by resolution of the city council. Delinquency in payment shall also subject the permittee to revocation of the permit in accordance with Section 8.34.240. Section 8.34.180 - Establishment of alcohol permit fee account. A. The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees described in this chapter. B. Funds from the "Alcohol Permit Fee Account" shall be used only to recover costs incurred by the city in regulating licensed alcohol establishments subject to this chapter, including but not limited to education, inspections, monitoring and enforcement of the performance standards, conditions of operation and regulations established for licensed alcohol establishments, enforcement operations, administrative hearings and any other regulatory costs. Section 8.34.190 - Report of expenditure of fees to be collected. A. Not later than the last meeting of March in each calendar year, the enforcement officer shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees collected. Page 5 of 7 OAK #4842-4169-5085 v2 B. The report shall set forth such matters as: 1. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this chapter related to the operation of licensed alcohol establishments in the city of Rohnert Park. 2. Methods of mitigating such problems, through prevention, education and enforcement of the performance standards, conditions and regulations. 3. The specific allocation of the fees to be collected to activities described in the report. Section 8.34.200 - Violations. A. It is unlawful for any person to operate a new or modified alcoholic beverage establishment: 1. Without a valid use permit issued in the manner provided by this chapter; or 2. In violation of any requirements and conditions of any applicable use permit issued pursuant to this chapter, including, but not limited to, any operational standards and training requirements. B. It is unlawful for any person to operate a deemed approved alcoholic establishment in violation of the operational standards set forth in this chapter and incorporated into a permit issued to the establishment pursuant to this chapter. C. It is unlawful for any person, including any permittee or such permittee’s agent or employee, to sell an alcoholic beverage, or cause an alcoholic beverage to be sold, to a decoy. D. It is unlawful for any permittee of an establishment to allow a seller or server to sell alcoholic beverages at their establishment in violation of the training requirement of this chapter. Section 8.34.210 - Penalties. Any person violating this chapter shall be guilty of a misdemeanor, which may at the discretion of the City Attorney or other enforcing authority be charged and prosecuted as an infraction, and such person shall be subject to the penalties set forth in Chapter 1.16 of this code. Additionally, any person violating the provisions of this chapter shall be subject any other legal remedies of the City, criminal or civil, as set forth in the code or available under law, including but not limited to administrative citation pursuant to chapter 1.25. The City Council may establish by resolution the amount of fines, fees or penalties to be collected by administrative citation for violations of this chapter. Section 8.34.230 - Revocation of Use Permit. A. Preliminary Notice. Where the public safety department determines that an alcoholic beverage establishment is operating in violation of the provisions of this chapter, including, but not limited to, any of the training requirements of this chapter or the requirements and conditions of the use permit issued to such establishment, the department of public safety will issue a notice to the permittee that describes the nature of the violation, the corrective action to be taken, and the time within which the corrective action must be completed. B. Notice of Hearing. If the permittee has not taken corrective action with the time specified, the director of public safety shall provide the permittee with notice of a hearing. The notice shall specify the facts which constitute the violation, specify the time, date, and place of the Page 6 of 7 OAK #4842-4169-5085 v2 hearing, and state that the permittee may be represented by counsel or other interested persons. Said notice shall be served at least ten (10) days prior to the hearing by first class mail, postage prepaid, addressed to the permittee as indicated on the most recent use permit application on file. Service shall be deemed complete at the time of deposit in the United States mail. C. Hearing. At the hearing, the permittee, his or her counsel, and any other interested person(s) shall have the right to present evidence as to the facts upon which the director of public safety proposes to revoke the use permit. D. Notice of Decision. If after said hearing, the director of public safety finds that any of the grounds for revocation exist, he or she shall within thirty (30) calendar days after the hearing serve by first class mail, postage prepaid, a notice of decision upon the permittee and all interested persons participating in the hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his/her decision, and shall indicate the appeal procedure. E. Effective Date of Decision. The decision of the director of public safety shall be final and binding on all interested parties ten (10) calendar days after the notice of decision is mailed, unless an appeal is filed. F. Appeal. The decision of the director of public safety to revoke a use permit may be appealed in writing to the city manager by filing a complete notice of appeal no later than 10 calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by an appeal fee in amount established by resolution. The city manager shall hear the appeal within thirty (30) days of receipt of the written appeal. At the hearing, the appellant may present evidence in support of the contentions stated in the notice of appeal. Any interested person(s), including the public safety director, may be allowed to participate in the hearing and present evidence in support of the decision of the public safety director. The city manager shall render a written decision, including the grounds upon which the revocation is either upheld or overturned. A copy of the city manager's decision shall be served by first class mail, postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the city manager shall be final. Section 3. Notification to Existing Permittees. Within sixty (60) days following the effective date of this ordinance, the director of public safety shall provide each permittee of an alcohol beverage establishment within the City of Rohnert Park with a copy of the provisions of this ordinance and call the permittee’s attention to the requirement that the establishment be operated in accordance with the training requirements set forth in 8.134.140. Section 4. Environmental Review. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, Page 7 of 7 OAK #4842-4169-5085 v2 sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on ___________, 2018 and adopted by the Council of the City of Rohnert Park on __________, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Gina Belforte, Mayor ATTEST: JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the xx day of xx, 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JoAnne M. Buergler, City Clerk OAK #4852-2880-2180 v3 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SETTING ADMINISTRATIVE FEES AND FINES PURSUANT TO CHAPTER 8.34 OF THE ROHNERT PARK MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGE ESTABLISHMENTS WHEREAS, on _____, the City Council of the City of Rohnert Park introduced and waived first reading of Ordinance No. ___, which revises Chapter 8.34 — Use Permits for Alcoholic Beverage Establishments; and WHEREAS, on _____, the City Council of the City of Rohnert Park held the second reading and adopted Ordinance No. ___, to take effect 30 days from the date of adoption; and WHEREAS, Ordinance No. ___ provides that certain administrative fees, fines and penalties may be established by resolution of the City Council, including the annual use permit fee under section 8.34.150, the administrative fee for appeals under sections 8.34.080 and 8.34.230, administrative fees and fines for late payments pursuant to Section 8.34.170, and penalties amounts for violations to be collected via administrative citation under section 8.34.210; and WHEREAS, section 8.34.050 of the Rohnert Park Municipal Code provides that all applications for a use permit shall be accompanied by an application fee in amount established by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby adopt the following schedule of administrative fees and fines: 1. The application fee, pursuant to section 8.34.050 of the Rohnert Park Municipal Code, is hereby set at $250 dollars. 2. The annual use permit fee, pursuant to section 8.34.150 of the Rohnert Park Municipal Code, shall be based on the following matrix reflecting the City’s regulatory costs: Hours of Alcohol Sales Fee Annual Volume of Alcohol Sales Fee No later than 10 p.m. $25 0 to $100,000 $50 No later than midnight $100 $100,001 to $300,000 $250 No later than 2 a.m. $200 Over $300,000 $500 3. In accordance with sections 8.34.170 and 1.27.030 of the Rohnert Park Municipal Code, a late payment charge is established at $250 dollars per delinquency of annual use permit fees. 2019- OAK #4852-2880-2180 v3 4. In accordance with sections 8.34.210 and 1.25.080 of the Rohnert Park Municipal Code, administrative fines for violations of section 8.34.200 are hereby established in the amount of $250 dollars per violation. 5. The administrative appeal fee under sections 8.34.080 and 8.34.230 is hereby set at $250 dollars. BE IT RESOLVED THAT this Resolution supersedes Resolution No. 2008-10 previously establishing use permit fees for alcohol beverage establishments. DULY AND REGULARLY ADOPTED this __ day of February, 2018. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk ADAMS: _________MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) AGENDA Sonoma County Library ROHNERT PARK-COTATI REGIONAL LIBRARY ADVISORY BOARD Tuesday, February 19, 2019 – 5:00 P.M. December LAB meeting was adjourned by majority approval Library Conference Room - 6250 Lynne Condé Way, Rohnert Park, CA 94928 1.CONVENING & INTRODUCTIONS 2.REPORTS & UPDATES Reports and updates on library governance, management, programs, services and support group activities as well as City Council activities. All items are for discussion only. 2.1. LIBRARY COMMISSIONER’S REPORT 2.2. LIBRARY DIRECTOR’S REPORT 2.3. BRANCH MANAGER’S REPORT 2.4. YOUTH MEMBER’S REPORT 2.5. FRIENDS OF THE ROHNERT-COTATI REGIONAL LIBRARY REPORT 2.6. CITY COUNCIL LIAISONS’ REPORTS 3.APPROVAL OF THE MINUTES OF THE MEETING October 16, 2018. 4.PUBLIC COMMENTS An opportunity for members of the public to address the Board; times may be limited to three minutes at the Chair’s discretion. 5.ACTION ITEMS 6.DISCUSSION ITEMS 6.1. Review of recent outreach events. 6.2. Discuss ideas for upcoming celebration and outreach. 7.ADVISORY BOARD INFORMATION ITEMS An opportunity for members of the Advisory Board to present brief, factual information, respond to public comments, place items on the next agenda, or to request information from the Library Commissioner, Director or Branch Manager. 8.ADJOURNMENT Next meeting: Tuesday, April 16, 2019 at 5:00 p.m. Item 9.B.2 Mayors and Council Members’ Association of Sonoma County Legislative Committee Friday, February 15, 2019 9:00 a.m. Finley Community Center Main Building, Manzanita Room 2060 W. College Avenue Santa Rosa AGENDA 1.Welcome and Introductions Chair Rachel Hundley 2.Update from Legislative Representatives 3.2019 Legislative Review of Bills 4.Discussion: 2018 Legislative year city response 5.Local Issues of Concern? 6.League of Cities Report 7.Review of 2019 Calendar and Roster 8.Other items? 9.Adjournment 2019 proposed meeting dates: March 15 April 19 May 17 June 21 July 19 Aug 16 Sept 20 Oct 18 Nov 15 Item 9.C.1 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 www.recyclenow.org SONOMA COUNTY WASTE MANAGEMENT AGENCY Meeting of the Board of Directors February 20, 2019 REGULAR MEETING Regular Session begins at 8:30 a.m. Closed Session begins immediately following Regular Session Estimated Ending Time 12:00 a.m. City of Santa Rosa Council Chambers 100 Santa Rosa Avenue Santa Rosa, CA Agenda Item 1.Call to Order Regular Meeting 2.Agenda Approval 3.Public Comments (items not on the agenda) Consent (w/attachments) 4.1 Minutes of the January 16, 2019 Regular Meeting 4.2 January, February and March 2019 Outreach Calendar 4.3 Proposed Agreement for C&D Certification Testing Services Regular Calendar 4.None 5.Closed Session: Item 9.C.2 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 www.recyclenow.org PUBLIC EMPLOYMENT Title: Executive Director Interviews 6. Adjourn Closed Session/Report of Action from Closed Session 7. Next SCWMA meeting: March 20, 2019 8. Adjourn Consent Calendar: These matters include routine financial and administrative actions and are usually approved by a single majority vote. Any Boardmember may remove an item from the consent calendar. Regular Calendar: These items include significant and administrative actions of special interest and are classified by program area. The regular calendar also includes "Set Matters," which are noticed hearings, work sessions and public hearings. Public Comments: Pursuant to Rule 6, Rules of Governance of the Sonoma County Waste Management Agency, members of the public desiring to speak on items that are within the jurisdiction of the Agency shall have an opportunity at the beginning and during each regular meeting of the Agency. When recognized by the Chair, each person should give his/her name and address and limit comments to 3 minutes. Public comments will follow the staff report and subsequent Boardmember questions on that Agenda item and before Boardmembers propose a motion to vote on any item. Disabled Accommodation: If you have a disability that requires the agenda materials to be in an alternative format or requires an interpreter or other person to assist you while attending this meeting, please contact the Sonoma County Waste Management Agency Office at 2300 County Center Drive, Suite B100, Santa Rosa, (707) 565-3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the Agency. Noticing: This notice is posted 72 hours prior to the meeting at The Board of Supervisors, 575 Administration Drive, Santa Rosa, and at the meeting site the City of Santa Rosa Council Chambers, 100 Santa Rosa Avenue, Santa Rosa. It is also available on the internet at www.recyclenow.org BOX 9000, PRESIDIO STATION ♦ SAN FRANCISCO, CA 94129-0601 ♦ USA February 15, 2019 AGENDA OF THE BOARD OF DIRECTORS MEETING FRIDAY, FEBRUARY 22, 2019, at 10:00 a.m. Board Room, Administration Building, Golden Gate Bridge Toll Plaza, San Francisco, CA (1)CALL TO ORDER:President Sabrina Hernández (2)ROLL CALL:Secretary of the District Amorette M. Ko-Wong (3)PLEDGE OF ALLEGIANCE:First Vice President Barbara Pahre (4)PUBLIC COMMENT:Refer to the Public Comment Note Below (5)CONSENT CALENDAR: (A)Approve the Minutes of the following Meetings: (1)Finance-Auditing Committee of September 28, 2018; (2)Rules, Policy and Industrial Relations Committee of November 16, 2018; and (3)Board of Directors meeting of November 16, 2018. Motion (B)Ratification of Previous Actions by the Auditor-Controller: (1)Ratify Commitments and/or Expenditures (2)Ratify Previous Investments (3)Authorize Investments (4)Accept Investment Report, January 2019 Resolution (6)REPORTS OF OFFICERS: (A)General Manager (B)Attorney (1)Closed Session (a)Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2) Report of Hanson Bridgett, LLP (i)One Potential Case (C)District Engineer Item 9.D.1 BOARD OF DIRECTORS MEETING FEBRUARY 22, 2019/PAGE 2 (7) OTHER REPORTS: (8) REPORTS OF COMMITTEES: (A) Meeting of the Finance-Auditing Committee/Committee of the Whole February 22, 2019 (1) Renew Annual Delegation of Investment Management Authority to the Auditor-Controller as Per Rule XI, Investment Policy, of the Rules of the Board Resolution (2) Approve Renewal of the Marine Insurance Program Resolution (9) ADDRESSES TO BOARD (10) SPECIAL ORDER OF BUSINESS: (11) UNFINISHED BUSINESS: (12) NEW BUSINESS: (13) COMMUNICATIONS: (14) ADJOURNMENT: Amorette M. Ko-Wong, Secretary of the District Public Comment Note: Each person wishing to address the Board is requested to complete a Request -to- Speak Form for submittal to the Secretary of the District. A period of thirty (30) minutes has been allocated for public comments concerning items of interest within the subject matter jurisdiction of the Board. Each individual will be allotted three (3) minutes. Said time frames may be extended only upon approval of the Board. All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board. Upon request, the Golden Gate Bridge, Highway and Transportation District will provide written agenda materials in appropriate alternative formats to individuals with disabilities. In addition, the District will arrange for disability-related modifications or accommodations, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, telephone number and brief description of the requested materials, preferred alternative format, and/or auxiliary aid or service at least two (2) days before the meeting. Requests should be made by mail to: Amorette M. Ko-Wong, Secretary of the District, Golden Gate Bridge, Highway and Transportation District, P.O. Box 9000, Presidio Station, San Francisco, CA 94129; or e - mail to districtsecretary@goldengate.org; or telephone at (415) 923-2223, or at (415) 257-4554 (TDD), or California Relay Service at either (800) 735-2929 (TDD), or (800) 735-2922 (Voice).