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2019/05/28 City Council Agenda Packet
Updated: 5/23/2019 3:09 PM 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, May 28, 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 May 28, 2019 for City Council/RPFA/CDC Successor Agency Page 2 of 6 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Gold Medal Award to City of Rohnert Park for “Best Business Friendly City” 4. DEPARTMENT HEAD BRIEFING A. Community Services “2019 Party on the Plaza” 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a “Speaker Card” to the City Clerk before announcement of that agenda item. 6. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council Special Meeting, May 7, 2019 B. Acceptance of Reports for: 1. Successor Agency – Cash Report for Month Ending April 2019 2. Housing Successor Agency- Cash Report for Month Ending April 2019 3. RPFA- Cash Report for Month Ending April 2019 4. City- Cash Report for Month Ending April 2019 5. Biennial Report on the Condition of Monuments and Works of Art and Municipal Facilities and Annual Report on the State of Cultural Arts in Rohnert Park 6. City Bills/Demands for Payment dated May 21, 2019 7. Successor Agency to the CDC Bills/Demands for Payment dated May 21, 2019 C. City Council Resolutions for Adoption: 1. 2019-061 Approving the Position Titles, Salary Ranges and Associated Job Descriptions for Building Inspector and Support Services Manager 2. 2019-062 Authorizing and Approving a Public Improvement Agreement for Vast Oak North Phase 3A Utility Improvements with the University District LLC and Finding this Action Covered under the Updated Environmental Impact Report for the University District Specific Plan as Amended City of Rohnert Park Joint Regular Meeting Agenda May 28, 2019 for City Council/RPFA/CDC Successor Agency Page 3 of 6 D. City Council Ordinance for Adoption: 1. 933 An Ordinance Amending Sections 15.28.020 and 15.30.030 of the Rohnert Park Municipal Code to Impose Social Host Liability Regarding the Use of Fireworks and Changing the Days in which Fireworks May be Used E. Confirmation of the Mayor’s Nomination of Assistant City Manager Schwartz as the City’s Second Alternate Representative to the Board of Directors for Sonoma Clean Power Council Motion/Roll Call Vote (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) 7. INTRODUCTION OF ORDINANCE Introducing an Ordinance Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements for Obedience Training Classes A. Staff Report B. Public Comment C. Ordinance for Introduction and reading of title: 1. No. 934 An Ordinance of the City Council of the City of Rohnert Park Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements for Obedience Training Classes a. Council motion/discussion/roll call vote (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) 8. INTRODUCTION OF ORDINANCE Introducing an Ordinance – An Ordinance Amending Chapter 9.65 — Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties A. Staff Report B. Public Comment C. Ordinance for Introduction and reading of title: 1. No. 935 Amending Chapter 9.65 – Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties a. Council motion/discussion/roll call vote (Adams __ Mackenzie__ Stafford __ Callinan __ Belforte __) City of Rohnert Park Joint Regular Meeting Agenda May 28, 2019 for City Council/RPFA/CDC Successor Agency Page 4 of 6 9. PUBLIC HEARING: Conduct a Weed Abatement Protest Hearing to Consider Abatement of Weeds Constituting a Nuisance A. Staff Report B. Conduct Public Hearing C. Resolution for Adoption: 1. 2019-063 Ordering the City Manager to Abate Nuisances Existing within the City of Rohnert Park Council motion/discussion/vote 10. Sonoma County Mayors’ & Councilmembers’ Association Matters Consideration of Supporting “Letters of Interest” for Appointments to Vacancies by the Mayors’ and Councilmembers’ Association Board on June 13, 2019 A. Public Comments 1. Mayors’ and Councilmembers’ Association Board Appointments: a) ABAG Executive Board, for one position 1) Council discussion/action b) ABAG Executive Board (Alternate), for one position 1) Council discussion/action c) Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee, for one position 1) Council discussion/action d) ABAG Regional Planning Committee, for one position 1) Council discussion/action 11. 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) (5/21) C. Outside Agency Reports 1. Legislative Committee (Mayors & Councilmembers) (5/17) 2. Russian River Watershed Association (RRWA) (5/23) 3. Sonoma County Waste Management Agency (5/15) D. Other Reports 1. Golden Gate Bridge, Highway & Transportation District (5/17) 2. ABAG MTC Housing Legislative Working Group (5/23) 12. 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 City of Rohnert Park Joint Regular Meeting Agenda May 28, 2019 for City Council/RPFA/CDC Successor Agency Page 5 of 6 at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 13. 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. 14. 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. 15. ADJOURNMENT 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. City of Rohnert Park Joint Regular Meeting Agenda May 28, 2019 for City Council/RPFA/CDC Successor Agency Page 6 of 6 CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the May 28th 2019, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on May 23, 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 5/23/2019, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk Summer Schedule •June 14 –Blues Mothers: All Female Blues Brother Tribute •June 21 –HOTS: Driving Rock •June 28 –Choppin’ Broccoli: 80’s Tribute •July 5 –NO MARKET •July 12 –Soul Section: Rock & Horn Band •July 19 –Dirty Cello: Female led rock/blues/bluegrass Cello •July 26 –Rock & Roll Rhythm Review: Female led Rock, Jump Blues & Rockabilly Summer Schedule (Cont) •August 2 –Levi Lloyd & Friends: Rockin Blues •August 9 –Country Night –Third Rail: Female led New and Old Country •August 16 –Igniters: Classic Rock •August 23 –Reggae Night –Un Amour Band: Positive Reggae •August 30 –Pontlyss Sistars and Rotten Tomatoes •Food Trucks (8 –10) Including three new! •“Fun Food” and Sweet Treats –(6) •Snack Foods –(6) •Farmers –(5) •Artisans –(11) •Local Business/Non-Profit –(19) For the Kids •Party Jump •Silly Lilly & Budderball •Victoria’s Fashion Stables •Fundemonium •Museum on the Go (Children’s Museum) MINUTES OF THE SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Tuesday, May 7, 2019 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL Mayor Belforte called the special meeting to order at 4:00 p.m., the notice for which being legally noticed on May 3, 2019. Present: Gina Belforte, Mayor Joseph T. Callinan, Vice Mayor Susan H. Adams, Councilmember Jake Mackenzie, Councilmember Pam Stafford, Councilmember Absent: None. Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Human Resources Director Perrault, City Attorney Marchetta-Kenyon (present via telephone), Administrative Assistant Sedna and Assistant City Clerk Lopez Cuevas. 2. PUBLIC COMMENTS Erin Armstrong spoke in support of the City building a downtown area and hopes the City is able to reach an agreement with the developer to bring the project to fruition. Gerard Giudice, Planning Commission Chair, Frankie Lemus, local business owner and Founder of Latino Alliance of Rohnert Park and Cotati, and Pat Miller, President of the Cotati Rotary Club spoke in support of building a downtown. Jim Arnold thanks the City Manager and the City Council for everything they have done for the City of Rohnert Park. 3. CLOSED SESSION A.Mayor Belforte made the closed session announcement pursuant to Government Code §54957.7 and Council recessed to Closed Session at 4:07 p.m. in Conference Room 2A to Consider: 1. Conference with Real Property Negotiators (Government Code §54956.8) Property: 600 Enterprise Drive (APN: 143-051-089) - City Negotiator: Darrin Jenkins, City Manager - Negotiating Party: Laulima- Under Negotiation: Price and Terms Item 6A1 City of Rohnert Park Special Meeting Minutes May 7, 2019 for City Council Page 2 of 2 2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1)) Christopher Wroth and Marni Wroth vs. City of Rohnert Park, David Sitting-Wattson, Sean Hout and Does 1-25, Case No. 3:17-cv- 05339 3. Personnel Matters Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative(s): Darrin Jenkins, City Manager Employee Organizations: a. Service Employees' International Union (SEIU) b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Officers' Association (RPPSOA) d. Rohnert Park Public Safety Managers' Association (RPPSMA) e. Management Unit f. Confidential Unit g. Unrepresented Employees B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 5:03 p.m. C. Report on Closed Session (Government Code § 54957.1) Mayor Belforte reported: no reportable action. 4. ADJOURNMENT Mayor Belforte adjourned the special meeting at 5:03 p.m. _____________________________________ __________________________________ Sylvia Lopez Cuevas, Assistant City Clerk Gina Belforte, Mayor City of Rohnert Park City of Rohnert Park Item 6B1 Item 6B2 Item 6B3 City of Rohnert Park Cash Report As of April 30, 2019 To: The Honorable Mayor & Members of the City Council Darrin Jenkins, City Manager Summary of General Fund Cash Total General Fund Cash Restricted (External) Assigned Subtotal (not available to spend) Unassigned Restricted Detail: Refundable Deposits Housing Program PARS Contribution Trust Assigned Detail: Operating Reserve Contingency Reserve City Facilities Reserve Self-Insured Losses Reserve Retiree Health Savings Reserve Enterprise Fund Cash Water Utility Operations Fund Water Capacity Fund Capital Preservation Water Fund Water Capital Fund Per Acre For Development Fee Fund Sewer Utility Operations Fund Capital Preservation Sewer Sewer Capital Fund JEPA Deposit -Wastewater Recycled Water Operation Funds Capital Preservation Recycled Water Fund Refuse Utility Operations Fund Golf Course Enterprise Fund Total Enterprise Fund Cash 1 of 3 From: Betsy Howze, Finance Director Prepared By: Gina Burke $ 39,343,733.66 $ 16,544,933.47 19,072,875.33 35,617,808.80 $ 3,725,924.86 $ 1,304,723.78 21,839.26 15,218,370.43 $ 16,544,933.47 $ 4,019,968.00 4,010,530.00 9,713,820.00 1,245,244.33 83,313.00 $ 19,072,875.33 $ 5,705,665.41 5,036,007.84 624,988.59 (107,836.72) 23,777.61 14,100,038.92 418,724.89 215,807.11 503,078.85 315,616.83 7,521.10 625,338.83 25,525.41 $ 27,494,254.67 Item 6B4 ITEM NO. 6B5 1 Meeting Date: May 28, 2019 Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Cindy Bagley, Deputy Community Service Director Agenda Title: Receive Biennial report on the Condition of Monuments and Works of Art and Municipal Facilities and Annual Report on the State of Cultural Arts in Rohnert Park RECOMMENDED ACTION: Receive biennial report on the condition of monuments and works of art and municipal facilities and annual report on the state of cultural arts in Rohnert Park. BACKGROUND: On April 12, 2016, the City Council adopted an Ordinance (No. 898) to repeal chapter 2.24 of the Rohnert Park Municipal Code, “Cultural Arts Commission” and amend section 2.32.040 to add cultural arts oversight to the responsibilities of the Parks and Recreation Commission. The Parks and Recreation Commission is tasked with making recommendations to City Council, the City Manager and the Community Services Director regarding cultural arts development in the community. It is also responsible for examining the conditions of monuments and works of art and municipal facilities and giving a report to City Council every two years on the state of cultural arts in the City of Rohnert Park. ANALYSIS: The City has several works of art including murals, sculptures and one monument sign located at various parks and public facilities. Staff and the Parks and Recreation Commission have evaluated each monument, mural, and sculpture in the City and given it a preliminary “condition rating” of poor, fair or good. Table 1 below is the rating of monuments and works of art within the City. Photos of the monuments can be found in Attachment A. Table 1: Monuments and Works of Art (Murals and Sculptures) in Rohnert Park Poor Fair Good Benicia Pool Mural x Community Center Sculpture x Copeland Creek Mural x Dorotea Park 2-5 Mural x Dorotea Park 5-12 Mural x Friendly City Sign x Hinebaugh Creek Mural x Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT 2 Poor Fair Close Honeybee Pool Mural x Senior Center Lobby x Municipal facilities are evaluated as part of the Capital Improvement Plan development and improvements are funded based on priority using the specific set of criteria as follows: Criteria Weight Notes Safety; Legal or Regulatory Requirements (check if the need reflects a safety mandate: ) 30% This represents the need to fund projects to mitigate immediate risks to the public and staff, and the need to comply with legal mandates. For example, the public and staff need buildings properly cooled in summer and heated in winter (HVAC – Heating, Ventilation, and Air Conditioning systems). Staff Use 10% This reflects the need to provide staff with quality work space; risk and safety concerns addressed in the Safety/Legal/Regulatory criteria. Public Use and Access 15% This reflects how important the facility is to delivering services, including the extent of public use; risk and safety concerns addressed in the Safety/Legal/Regulatory criteria. Financial Leverage (check if full funding and project management capacity is available: ) 30% This reflects the ability to leverage other funding sources to cover the costs, thus saving General Funds. Sources could include grants, lease revenue, and fees. Projects are scored based on the extent of outside cost recovery. Example: If all costs are recovered from outside sources, then the project receives all points in this category. This category also reflects the results in lost revenue, efficiency in power and rebates. Timing 15% This reflects the timing of the need to address the project, and future safety risk, and thus the ability to save money later by spending it sooner. Projects needing to be completed with one year receive 15 points, 2 years receive 10 points, 3 years receive 5 points. Any projects over 3 years receive 0 points. 100% Aesthetics, green building optional points 5% This reflects ‘bonus’ points to reflect the values of the ‘look’ of the facility and from demonstrating green building or similar practices. Infrastructure projects in parks and recreation facilities that have been approved for funding for Fiscal Year (FY) 19/20 are: • Playgrounds: o Lamont Park o Lydia Park o Meadow Pines Park • Ladybug Pool Building Demolition • Sports Center Skylight Repair • Community Center o Multi-Use Room floor 3 o Electrical Panel Replacement o Hallway and Conference Room Floor Replacement • Honeybee Pool Renovation Carry over projects from FY 18/19 that will be completed in FY 19/20. • Magnolia Park playground replacement • Monument signs at the entrance of the Community Center Complex • Accessibility Projects in Buildings • Gold Ridge Multi-Purpose Building Roof Replacement • Gold Ridge Administration Building Demolition • Court Resurfacing: o Sunrise Tennis/Pickelball o Honeybee Basketball o Dorotea Basketball o Alicia Park Soccer o Golis Tennis, Basketball, Soccer o Ladybug Tennis o Rainbow Tennis, Basketball o Sunrise Tennis/Pickleball, Basketball o • Alicia Pool Building Demolition • Sports Center Gym Floor Refinishing and Fire Suppression System Replacement The City now has two peace poles that represent cultural arts. The first peace pole was installed in the atrium at the Community Center and the second was recently installed in front of the Burton Avenue Recreation Center. Each pole contains a message that reads, “May Peace Prevail on Earth” in several languages, to include English, Spanish, Japanese, Italian, German, Hindi, Chinese and French. Photos of the peace poles can be found in Attachment C. Also included in Attachment C, are photos of two art poles that have been installed as part of the peace garden project at Burton Avenue Recreation Center, one which reads , “Believe there is Good in the World” and the other , “Live, Love, Garden”. These poles are in good condition. At a special meeting on Tuesday, May 7, 2019, the Parks and Recreation Commission accepted staff recommendation to repair or replace any monuments or works of art that are in poor condition. At this time everything is in fair or good condition and will be evaluated again in two years. STRATEGIC PLAN ALIGNMENT: This item follows Strategic Plan Goal D: Continue to Develop a Vibrant Community. FISCAL IMPACT: There is no fiscal impact as there are no monuments or works of art that need to be repaired. OPTIONS CONSIDERED: 4 This report is required per City Ordinance (No. 898) Department Head Approval Date: 5/13/19 J. McArthur Finance Director Approval Date: N/A B. Howze Human Resources Director Approval Date: N/A V. Perrault City Attorney Approval Date: N/A S. Rudin City Manager Approval Date: 5/15/19 D. Jenkins Attachments (list in packet assembly order): 1. Monument and Works of Art in Rohnert Park Item 6B5 Attachment A – Monuments and Works of Art in Rohnert Park Benicia Pool Mural Item 6B5 Community Center Sculpture Copeland Creek Mural Item 6B5 Copeland Creek Mural (Cont) Dorotea Park Mural (2-5) Item 6B5 Dorotea Park Mural (5-12) Item 6B5 Friendly City Monument Sign Hinebaugh Creek Mural Item 6B5 Hinebaugh Creek Mural (Cont) Honeybee Pool Mural Item 6B5 Honeybee Mural (Cont.) Peace Poles Burton Ave Item 6B5 Community Center Senior Center Lobby Item 6B5 Senior Center Lobby (Cont). Check Numbers: 255404 -255800 Dated: May 3, 2019 -May 21, 2019 CITY OF ROHNERT PARK* BILLS FOR ACCEPTANCE May 28, 2019 TOTAL $2,481,964.12 $2,481,964.12 Item 6B6 Item 6B7 ITEM NO. 6C1 1 Meeting Date: May 28, 2019 Department: Human Resources Submitted By: Victoria Perrault, Human Resources Director Prepared By: Tracy Rankin, Human Resources Analyst Agenda Title: Approving the Position Titles, Salary Ranges and Associated Job Descriptions for Building Inspector and Support Services Manager RECOMMENDED ACTION: Adopt a Resolution approving the position titles, salary ranges and associated job descriptions for Building Inspector and Support Services Manager. BACKGROUND: The City’s proposed budget for fiscal year 2019-2020 contains changes to City staffing levels, including the addition of new positions in the Development Services and Public Safety Departments. In Development Services, the building inspection function needs additional hours to continue to provide services to the numerous construction projects in Rohnert Park. To address this need, the hourly part time Building Inspector is being converted to a regular full time position. In Public Safety, the budget proposes replacing a Public Safety Sergeant position with a Support Services Manager position to oversee Dispatch, Records, Property and Evidence, and the Animal Shelter. This change allows a non-sworn professional manager to manage non- sworn professional personnel, relieving sworn command staff to focus on our sworn officers. Council has tentatively approved these positions during the budget study session and the next step is to approve the position titles, salary ranges and associated job descriptions. ANALYSIS: Staff created job descriptions for the regular full time Building Inspector and Support Services Manager positions. Human Resources advised the Rohnert Park Employees’ Association (RPEA) of the proposed Building Inspector position by providing the draft job description for review. RPEA had no objection to the job descriptions. The Support Services Manager is an unrepresented position in the Management Unit. As set forth below, Staff recommends placement of the Building Inspector in RPEA salary range 85X and the Support Services Manager in Management salary range 94M, which are the ranges these positions were assigned to previously before being inactivated. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6C1 2 Position Title Monthly Salary Range Unit Range Building Inspector $6,013.49 - $7,308.86 RPEA 85X Support Services Manager $8,272.31 - $10,054.42 Management 94M STRATEGIC PLAN ALIGNMENT: Approving these position titles, salary ranges and associated job descriptions is consistent with Strategic Plan Goal A-2 which focuses on workforce development and succession planning and Strategic Plan Goal C-1 which emphasizes effective delivery of public services. OPTIONS CONSIDERED: None. The proposed action implements the staffing plan approved with the City’s FY 19-20 budget. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of adding these new positions has been included in the Departments’ proposed operational budgets for FY 19-20. There are no additional fiscal impacts associated with this action. Department Head Approval Date: 05/13/19 City Manager Approval Date: 05/14/19 City Attorney Approval Date: N/A Finance Director Approval Date: 05/09/19 Attachments (list in packet assembly order): 1. Resolution Approving the Position Titles, Salary Ranges and Associated Job Descriptions for Building Inspector, Custodian and Support Services Manager 2. Exhibit A – Job Description – Building Inspector 4. Exhibit B – Job Description – Support Services Manager RESOLUTION NO. 2019-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE POSITION TITLES, SALARY RANGES AND ASSOCIATED JOB DESCRIPTIONS FOR BUILDING INSPECTOR AND SUPPORT SERVICES MANAGER WHEREAS, the City’s proposed budget for fiscal year 2019-2020 includes the addition of new positions in the Development Services and Public Safety Departments; and WHEREAS, in Development Services, the building inspection function needs additional hours to continue to provide services to numerous construction projects in Rohnert Park and the hourly part time Building Inspector is being converted to a regular full time position; and WHEREAS, in Public Safety, the budget proposes replacing a Public Safety Sergeant with a non-sworn Support Services Manager to oversee Dispatch, Records, Property and Evidence, and the Animal Shelter which will allow command staff to focus on sworn officers; and WHEREAS, staff developed new job descriptions for the Building Inspector and Support Services Manager positions that reflect the expected duties and performance of these positions; and WHEREAS, staff consulted with the Rohnert Park Employees’ Association (RPEA) regarding the Building Inspector as this position will be placed in the RPEA unit and RPEA had no objection to the job description; and WHEREAS, staff recommends placing the Building Inspector in RPEA salary range 85X and the Support Services Manager in Management salary range 94M. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the position titles, salary ranges and associated job descriptions for the Building Inspector and Support Services Manager which are attached hereto as Exhibits “A” and “B” respectively and incorporated by this reference. DULY AND REGULARLY ADOPTED this 28th day of May, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A and B ADAMS: _________ MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT “A” City of Rohnert Park BUILDING INSPECTOR DEFINITION Under general supervision, the position is responsible for performing technical duties in support of the City's building inspection programs and services; conducting building inspections during all phases of construction, alteration and repair; enforcing compliance with national, state and city mandated building codes, regulations and ordinances; ensuring the provision of safe structures for building occupancy; and working with developers, architects and contractors to maintain code requirements. DISTINGUISHING CHARACTERISTICS This is the full journey level class within the Building Inspector series. Employees within this class perform the full range of duties as assigned. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. SUPERVISION RECEIVED/EXERCISED General supervision is provided by the Building Official. ESSENTIAL JOB FUNCTIONS These duties are a representative sample; position assignments may vary. • Perform a variety of technical duties in support of the City's building program operations and services to enforce compliance with national, state and city mandated building codes, regulations and ordinances. • Conduct onsite electrical, mechanical, plumbing, structural and fire inspections during all phases of construction, alteration, remodel or repair; inspect foundation, concrete, framing, plastering, plumbing, electrical and mechanical installations and other building elements; conduct repeated inspections from inception of construction project to release for occupancy. • Interpret and enforce compliance with applicable codes and ordinances including, but not limited to, approved construction plans and documents, electrical, mechanical, plumbing, structural, fire, City zoning ordinances, and state and federal accessibility standards for the disabled. • Review on-site construction documentation including approving final inspections and releasing the Certificate of Occupancy. • Examine and review construction plans and specifications for new construction, additions and alterations to determine compliance with applicable building and construction codes, ordinances and regulations; review blueprints, drawings and specifications to ensure project complies with plans; calculate fees; verify contractor credentials; stamp plans; issue permits. • Confer with fire departments, engineers, designers, architects, developers, contractors, builders and the general public on building code enforcement issues; research, interpret and explain codes, ordinances, rules and regulations. • Receive and resolve issues and complaints from the general public on building City of Rohnert Park Building Inspector Page 2 of 3 code enforcement and zoning issues; investigate code violations; issue notices for correction, stopwork orders and citations; serve as liaison with all parties to ensure corrective measures are taken and that issues are resolved in a timely and efficient manner. • Maintain a variety of logs, records and files; generate reports and records as required. • May be called out at any time of the day or night to determine the safety of structures following an emergency or natural disaster. • Perform related duties and responsibilities as required. QUALIFICATIONS Education, Training, and/or Experience: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: At least two years of increasingly responsible building inspection experience. Education/Training: Equivalent to completion of the twelfth grade supplemented by specialized training in construction and building trades or a related field. License and Certification Requirements: • Possession of a valid Class C California Driver's License with a safe driving record. • Possession of a Combination Residential Building Inspector certification through the International Code Council (ICC) at date of hire/appointment. • Commercial Building Inspector certification through ICC within 6 months of hire date/appointment. • Combination Commercial Building Inspector certification through ICC within 12 months of hire date/appointment. Knowledge and Skills: • Operations, services and activities of a municipal building inspection and code enforcement program • Laws, ordinances and codes regulating building construction and zoning • Methods and techniques of conducting building, fire, electrical, mechanical, plumbing and structural inspections • Pertinent codes and ordinances related to building, fire, plumbing, mechanical and electrical system requirements • Industry standards of building and construction materials and craftsmanship • General building construction methods and materials • Principles and procedures of record keeping and maintenance • Mathematical principles City of Rohnert Park Building Inspector Page 3 of 3 • Modern office procedures, methods and equipment including computers and supporting word processing and spreadsheet applications • Occupational hazards and standard safety practices • Pertinent Federal, State and local codes, laws and regulations. Abilities: • Perform journey level building inspection duties in commercial, industrial and residential buildings including electrical, mechanical, plumbing and sprinkler systems • Read and interpret building plans, drawings, blueprints and specifications • Detect deviations from approved construction plans and specifications • Prepare clear and concise technical reports • Maintain complex files and records • Interpret, explain and enforce applicable building codes and zoning ordinances • Communicate clearly and concisely, both orally and in writing • Understand and carry out oral and written instructions • Establish and maintain effective relationships with those contacted in the course of work Working Conditions: Incumbents are required to perform light lifting and carrying, stand, walk, stoop, reach, bend, climb or crawl to perform inspections; incumbents may also be required to work at heights on scaffolding or ladders, or work on uneven surfaces. Vision sufficient to read small print, computer screens and printed documents, to distinguish colors and operate assigned equipment. Incumbents may be required to work at both indoor and outdoor environments; travel from site to site; construction site environment; individuals may be exposed to noise, dust and inclement weather conditions. Incumbents may be required to travel within City boundaries; operate City vehicles (if available); or operate personal vehicles and obtain mileage reimbursement. FLSA Status: Non-exempt Employee Unit: Rohnert Park Employees’ Association (RPEA) Approved By: Date Approved: EXHIBIT “B” City of Rohnert Park SUPPPORT SERVICES MANAGER DEFINITION Manages the overall day-to-day operations of the Support Services Division in the Public Safety Department and performs highly responsible administrative functions in support of department operations. Units may include Dispatch, Records, Facilities, Property or Animal Shelter, other duties as required. DISTINGUISHING CHARACTERISTICS The Support Services Manager is a civilian classification within the Department of Public Safety with full administrative responsibility and accountability for the personnel and activities of the Suppport Services Division. The Support Services Division is a multi-function civilian administration and support services bureau within the Department. Under the direction of the Director of Public Safety, or Public Safety Deputy Chief, the Support Services Manager exercises considerable independent judgment and decision- making in directing and managing the services provided by the Division. Responsibilities of the Division may include, but are not limited to, operation of the 9-1-1 Communications Center, Records, Property and Evidence Storage, and Animal Shelter. The Support Services Manager may provide support to the Director in the preparation and management of the Department budget. This position requires skill to manage public money, skill to use spreadsheets and other computer applications related to financial operations; skill to analyze, interpret and quickly act upon data, to make independent decisions and to solve practical operational problems. SUPERVISION RECEIVED/EXERCISED Direction is provided by the Director of Public Safety, or Public Safety Deputy Chief. The incumbent may be assigned to perform a variety of departmental administrative duties, such as budget development and administration, report preparation, and planning and research for special projects. The Support Services Manager is distinguished from other civilian supervisory personnel by a broader scope of supervisory responsibility and the performance of higher-level management functions. ESSENTIAL JOB DUTIES The following duties are considered essential for this classification: • Assist with the development and administration of division budget; forecast additional funds needed for staffing, equipment, materials, and supplies. • Assit in the planning, development and preparation of the Department of Public Safety annual budget CITY OF ROHNERT PARK SUPPORT SERVICES MANAGER Page 2 of 4 • Plan, direct, and manage the personnel and activities of the Support Services Division • Direct the development and oversee implementation of goals, objectives, strategies, and performance measures of the Division • Monitor and review the activities of the Division to assure efficient and effective utilization of resources while conforming to established regulations, policies, and procedures • Select, train, supervise, and evaluate subordinate supervisors and staff • Plan and direct, in coordination with appropriate City departments, the personnel administration activities associated with recruitment, hiring, training, employee relations, risk management, and medical leaves for staff assigned to Support Services • Coordinate the activities of the Support Services Division with other Divisions, Bureaus, and sections or units, of the Department • Obtain and manage the City’s State 9-1-1 funds • Serve as a liaison, conferring with citizens and City, State, and Federal officials on law enforcement concerns, and assisting in the identification of service needs and priorities and resolving issues related to Division or department functions • Advise the Director of Public Safety regarding the activities of the Division relative to the Department goals • Prepare, review, validate, revise and manage the preparation and maintenance of reports, records, and logs • Plan and direct the research, preparation of specifications, procurement, upgrades, and maintenance of Department technology through represntation as a member of the Sonoma County Consortium • Interpret and implement changes in policies, codes, regulations and laws governing communications, use and confidentiality of police records, and property and evidence control • Interpret and implement changes in Federal Communications Commission rules and regulations, maintain the City radio licenses with the Federal Communications Commission, and oversee the development and implementation of radio equipment and maintenance records • Prepare and present a variety of reports to the Director of Public Safety, City Manager, City Council, and the community • Direct, review, and conduct investigations of complaints against Division personnel as assigned by the Director of Public Safety • Research available grants; prepare and compose grant requests; monitor grant expenditures and comply with reporting requirements. • Respond to difficult community concerns and requests for information • Provide input to the Public Information Officer on press releases, news conferences, and requests for information from the press • Act as a disaster service worker in the event of an emergency or disaster • Perform related duties as assigned CITY OF ROHNERT PARK SUPPORT SERVICES MANAGER Page 3 of 4 QUALIFICATIONS Education/Training/Experience: Sufficient experience, education and training in the management of a similar department, division, bureau or operation in a public organization to perform the duties of the Support Services Manager. A typical way of obtaining the required qualifications is: • Possession of a Bachelor’s Degree in Public Administration or a closely-related field, or a combination of education, traning, and experience, and • Five years of increasingly responsible management or supervisorial experience • A Master’s Degree in Public Administration or related field is highly desirable • A P.O.S.T. Dispatcher, Civilian Supervisor, Instructor and/or Records Supervisor Certificate, or completion of training required for one or more of these certificates is desirable. Special Requirements: • Valid California Class C Driver’s License • Attendance at evening meetings necessitates work outside normal working hours • Independent travel is required Knowledge of: • Modern principles, laws, and methods of management, organization, administration and supervision, including appropriate delegation of authority • Computerized public safety systems, including; CAD, RMS, MDC, AFR, AVL emergency telephone and radio systems, and CLETS and NCIC • Principles, laws, policies, methods, practices and regulations pertaining to the dispatch of emergency police, fire and medical services • Police and Fire Department systems and practices • Principles and practices of budget preparation and administration • State 9-1-1 funding and operations system • Laws and regulations relating to the release and purge of information and records, including the Public Records Act • Internal investigations and citizen complaint process • Rules governing the control of Property and Evidence • Federal Communications Commission rules and regulations • NENA, APCO, CCUG, and CLEARS resources and practices Skill to: • Type accurately at a speed adequate to complete work in a timely manner • Meet deadlines CITY OF ROHNERT PARK SUPPORT SERVICES MANAGER Page 4 of 4 Ability to: • Effectively plan, direct, and manage the personnel and activities of the Support Services Division • Establish and maintain cooperative working relationships • Communicate clearly and concisely, orally and in writing • Recommend and implement sound departmental policies • Properly interpret and make decisions in accordance with laws, regulations and policies • Exercise sound judgment in emergency situations • Focus on long-range possibilities and implications, and facilitate positive changes • Recognize, address, and mediate workplace conflict • Identify, coordinate, and resolve a wide variety of issues related to emergency dispatch operations, records operations, and law enforcement technology • Develop and direct innovative plans to deliver excellent customer service • Make effective presentations before City Council and community groups • Learn and utilize new technology • Attend meetings at various locations in the City • Work occasional, unscheduled evenings, holidays and weekends Working Conditions: Position requires working in a standard office environment and involves sitting, standing, walking, reaching, twisting, turning, kneeling, bending, and squatting in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in writing reports using a computer keyboard. Additionally, the position requires near, far, and color vision in reading reports and using the computer. Hearing is required when comminicating on the phone or in person. The incumbent also must be available to be called for local emergencies, attending meetings in various cities, work irregular or extended hours to attend various meetings, and work with constant interruptions. FLSA Status: Exempt Bargaining Unit: Management Approved By: Approved On: ITEM NO. 6C2 1 Meeting Date: May 28, 2019 Department: Development Services Submitted By: Mary Grace Pawson, Development Services Director Prepared By: Mary Grace Pawson, Development Services Director Agenda Title: Authorizing and Approving a Public Improvement Agreement for Vast Oak North Phase 3A Utility Improvements with the University District LLC and Finding this Action Covered under the Updated Environmental Impact Report for the University District Specific Plan as Amended RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving a Public Improvement Agreement for Vast Oak North Phase 3A Utility Improvements with the University District LLC and Finding this Action Covered under the Updated Environmental Impact Report for the University District Specific Plan as amended. BACKGROUND: The City has approved a Tentative Map and entered into a Development Agreement with the University District LLC (“Developer”) to facilitate the orderly development of the area known as the University District Specific Plan Area. Both the Conditions of Approval for the Tentative Map and the Development Agreement direct the construction of public infrastructure so that it will be coordinated with and available to serve new residential and commercial development planned within the Specific Plan Area. ANALYSIS: The Developer is working to process Final Maps for Vast Oak North Phases 3A and 3B within the Vast Oak North Phase of the Specific Plan Area, and is proposing to extend the potable water, recycled water, sanitary sewer, and storm drain improvements to the neighborhood in advance, to provide greater flexibility in the development of the Vast Oak North neighborhood. The Developer is committing to complete the construction of these improvements through a Public Improvement Agreement and has posted the necessary performance and labor and materials bonds with the City. The proposed Public Improvement Agreement is in the same form that has been previously approved by Council. Like the other Improvement Agreements, this agreement outlines in more detail than specified in the Conditions of Approval or the Development Agreement, the Developer’s duty to install the improvements to City standards and protect them until acceptance; the City’s rights for inspection and cost recovery; the process by which new improvements will be inspected by the City; requirements to pay prevailing wage; requirements for bonds, insurance and indemnity and the City’s remedies against breach or default by the Developer. The Agreements also specify that the Developer will be required to post performance and labor and material bonds, for the full constructed value. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6C2 2 ENVIRONMENTAL ANALYSIS: The proposed Public Improvement Agreement will authorize and provide for the construction of infrastructure improvements that will serve the development. These improvements were included in the Project Description Section of the Draft Environmental Impact Report (Draft EIR dated July 2005) for the University District Specific Plan. These improvements are necessary to serve the planned development. Because the improvements were included in the Project Description, the analysis in the Draft EIR included an analysis of the construction and operation of these improvements and mitigation measures were developed to minimize any impacts. The Draft EIR identified 19 temporary construction impacts that are associated with the development of the site, including the construction of infrastructure improvements. These impacts are less than significant or can be reduced to a less than significant level with standard construction mitigation that will be incorporated into the approved plans required by the Public Improvement Agreements. The description of the required infrastructure improvements necessary to serve the development was not substantially changed by either the Final EIR (March 2006) or the CEQA Addendum (February 2014). Because the proposed improvements were included in the Project Description considered in the University District Specific Plan EIR, and their impacts were analyzed and mitigated to a less than significant level, no further CEQA analysis is required. The City will use its plan approval process to ensure that mitigations to control construction noise, dust, hazards and biological impacts are included as part of the work. STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community. OPTIONS CONSIDERED: None. The recommended action is consistent with the Development Agreement and Conditions of Approval for the Tentative Map and necessary to complete the project. FISCAL IMPACT/FUNDING SOURCE: The project will be constructed and paid for by the Developer. The Public Improvement Agreement acknowledges that the Developer may, at a later date, be reimbursed for costs from a Community Facilities District (CFD) bond sale, through a CFD that has been recently established by the California Statewide Communities Development Authority. If CFD bonds are used to fund some, or all, of the infrastructure, these bonds will be repaid from special tax revenue generated from the property within the Specific Plan Area and will not be an obligation of the City. Construction of public improvements required under the Conditions of Approval has or will be guaranteed with performance and labor and material bonds. After acceptance of the improvements, the City will incur ongoing maintenance costs which will be funded from the maintenance annuity deposit provided by the Developer in accordance with the Development Agreement. Department Head Approval Date: 05/13/2019 Finance Director Approval Date: NA City Attorney Approval Date: NA (standard agreement form) City Manager Approval Date: 05/14/2019 Attachments (list in packet assembly order): ITEM NO. 6C2 3 1. Resolution Authorizing and Approving a Public Improvement Agreement for the Vast Oak North Phase 3A Utility Improvements and Finding these Actions Covered by the Updated Final Environmental Impact Report for the University District Specific Plan Project as Amended 2. Resolution Exhibit A – Public Improvement Agreement by and between the City of Rohnert Park and University District LLC for the Vast Oak North Phase 3A Utility Improvements RESOLUTION NO. 2019-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR VAST OAK NORTH PHASE 3A UTILITY IMPROVEMENTS WITH THE UNIVERSITY DISTRICT LLC AND FINDING THIS ACTION COVERED UNDER THE UPDATED ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN PROJECT AS AMENDED WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted Resolution No 2006-141 approving the Final Environmental Impact Report (EIR) for the University District Specific Plan Area including a draft EIR, a recirculated draft EIR, response to comments, changes, clarifications, and corrections to the draft EIR and recirculated draft EIR and appendices (together the “2006 EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR collectively called the “Updated Final EIR”); and WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution 2014-035 approving the Tentative Map for the University District Plan, prepared by MacKay & Somps and dated February 2014 (the “Tentative Map”), subject to certain conditions of approval (“Conditions”); and WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 878, approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Property L.P. and University District LLC (“Developer”); and WHEREAS, the Developer intends to file the Final Maps for Phases 3A and 3B within the Vast Oak North Phase of project; and WHEREAS, the Development Agreement and the Conditions of Approval include requirements for Developer to construct all in-tract improvements within each Final Map area, including streets, storm drainage, water, sewer, recycled water, joint trench, streetlighting, and landscaping in conjunction with each Final Map filed for the University District Property; and WHEREAS, the Developer has submitted plans and specifications for the Vast Oak North Phase 3A Utility Improvements (potable water, recycled water, sanitary sewer and storm drain) which have been reviewed by the City Engineer and determined to be technically accurate and in conformance with the Conditions of Approval; and WHEREAS, the Developer intends to move forward with installation of the Vast Oak North Phase 3A Utility Improvements in order to allow flexibility in the order of development of its project; and 2 Resolution 2019-062 WHEREAS, the Developer has posted performance and labor and materials bonds in the amount of One Million, One Hundred and Fifty-Eight Thousand, Four Hundred and Thirty Dollars and No Cents ($1,158,430.00) for the Vast Oak North Phase 3A Utility Improvements to cover the cost of improvements; and WHEREAS, the City and Developer desire to enter into a Public Improvement Agreement for the Vast Oak North Phase 3A Utility Improvements to more thoroughly define the terms and conditions of the construction and dedication obligations under the conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Public Improvement Agreement for the Vast Oak North Phase 3A Utility Improvements included as Exhibit A to this is Resolution. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of May 28, 2019, the City Council of the City of Rohnert Park finds that the public improvements and activities were adequately described and mitigated in the University District Specific Plan Area Updated Final EIR, and that no other CEQA analysis is warranted. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Improvement Agreement for the Vast Oak North Phase 3A Utility Improvements in substantially similar form to the agreement attached hereto and incorporated by this reference as Exhibit A subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 28th day of May, 2019. CITY OF ROHNERT PARK ____________________________________ Gina Belforte, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachments: Exhibit A ADAMS: _________MACKENZIE: _________ STAFFORD: _________ CALLINAN: _________ BELFORTE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Exhibit A to Resolution 2019-062 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk ) ) ) ) ) ) ) ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC FOR THE VAST OAK NORTH PHASE 3A UTILITY IMPROVEMENTS This Public Improvement Agreement (the "Agreement") is made and entered into on this ______ day of ______________ 2019 (the "Effective Date") by and between University District, LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as “Party” and collectively as “Parties”. RECITALS A. On April 8, 2014, the City Council of the City of Rohnert Park adopted Resolution No. 2014-035, approving the Tentative Map for the University District Vast Oak Property, prepared by MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving a Development Agreement with the Developer (the “Development Agreement”) C. Both the Conditions and the Development Agreement require that the Developer provide adequate in-tract infrastructure for its development including wet utilities (potable water, recycled water, sanitary sewer, and storm drain) for each neighborhood. D. The Developer has submitted plans, specifications and drawings for the improvements. These plans are on file in the office of the City Engineer and have been approved as outlined below: • Vast Oak North – Phase 3A Improvement Plans, City of Rohnert Park, California, April 2019, WDID # 1 49C370212, prepared by MacKay & Somps, 8 Sheets (Sheets C1 thru C16), and approved by the City Engineer on May __, 2019 for utility work only. E. Developer intends to file final maps for Phases 3A and 3B within the Vast Oak North Phase of the University District Specific Plan, consisting of 206 single-family residential lots (the “Project”) and wishes to begin the construction of the Vast Oak North infrastructure in advance of filing the maps. 2 F. City and Developer desire to enter an agreement providing for the construction and installation of the Improvements in accordance with the plans, specification and drawings described in Recital D. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together with the Project Approvals and the requirements of Chapter 16.16 of the RPMC, are hereby incorporated into and form a material part of this Agreement 2. Purpose and Effective Date 2.1 Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions for the Project. 2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above. 3. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the “Property”). 4. Improvements 4.1 Duty to Install Improvements. Developer will design, construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital D. above) and to the satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements including all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the 3 notice within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. 4.2. Completion Date. Developer will complete the Work within one year of the Effective Date or as required by the Conditions of Approval for the University District, whichever is sooner. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable throughout the term of the extension. 4.3. Estimated Cost of Work. The estimated cost of the Work is: Vast Oak North – Phase 3A (Utilities): One Million, One Hundred Fifty-Eight Thousand, Four Hundred and Thirty Dollars and No Cents ($1,158,430.00) Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. 4.4. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his/her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards. 4.5. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work. Any change in the superintendent will require advance notification to the City Engineer and concurrence of the City Engineer and the Engineer of Record for the Improvement Plans. 4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. 4.7. Inspection: All of the Improvements shall be constructed and installed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the construction of the Improvements, have free access to the Improvements and shall be allowed to examine and inspect the Improvements and all material used and to be used in the Improvements to confirm compliance with City Plans and Specifications. 4.8. Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance, including any encroachment permit required to carry on 4 construction activities in the City's right-of-way as described in Section 4 .6. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer (including the applicable Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship. 4.9. City's Inspection, Administration and Testing Costs. Developer shall pay to City the actual cost for all inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge Developer (through the imposition of both a processing fee and a consultant charge) for any individual monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside consultants to those reasonably necessary or desirable, as determined by the City Manager or his designee in his reasonable discretion, to accomplish the requisite inspection, administration and monitoring. The estimated cost for the inspection, administration and testing services is Seventeen Thousand, Three Hundred and Seventy-Six Dollars and No Cents ($17,376.00) (the "Estimated Cost"). In accordance with it Reimbursement Agreement with the City, the Developer shall make payments for its inspection costs as such costs are incurred. Actual inspection costs may be more or less than the “Estimated Cost”. 4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement. 4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52, Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into the storm drainage system. 4.12. Prevailing Wages. The work of the Improvements constitutes a "public work" as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations") because the work is being paid for in whole or in part out of public funds. City and Developer acknowledge that the construction of the Improvements is subject to the payment of prevailing wages. Further, Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section and the payment of prevailing wages. 4.13. Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance. 4.14. Repair of Work Damaged During Construction. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any 5 owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer, except as otherwise provided in section 4.18.1 4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 6.1.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143. 4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees. Developer shall replace or repair any portion of the Improvements that have been destroyed or damaged prior to final acceptance of completed work by the City Council or the City Engineer. Any such repair or replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete work, street paving or other public improvements that may occur in connection with the Improvements work. 4.17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street, or private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 4.18. Final Acceptance. 4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 4.18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation, the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for 6 the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements, if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County. 4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all work performed under this Agreement and all materials used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction. 4.20. Record Drawings. Upon completion of the Improvements and prior to final acceptance by the City Council, Developer shall deliver to City one electronic file, in a format specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of California as to accuracy and completeness, and shall reflect the Improvements as actually constructed, with any and all changes incorporated therein. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings. 4.21. Ownership of Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City. 5. Security. 5.1 Performance, Labor and Materials and Warranty Security. In accordance with Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney. 5.1.1 Performance Security. Developer shall furnish and deliver performance security concurrently with the execution of this Agreement, which must meet the requirements of Government Code Section 66499.1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the following amounts: Vast Oak North – Phase 3A (Utilities): One Million, One Hundred Fifty-Eight Thousand, Four Hundred and Thirty Dollars and No Cents ($1,158,430.00). The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security described in Section 5.1.3. 7 5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and materials security concurrently with the execution of this Agreement which security must meet the requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be acceptable to the City Attorney, in the following amounts: Vast Oak North – Phase 3A (Utilities): One Million, One Hundred Fifty-Eight Thousand, Four Hundred and Thirty Dollars and No Cents ($1,158,430.00). The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain each security until both (i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to file an action under Civil Code section 3114 et seq. has expired. After said date, the security may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the security shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the security shall be released in full by the City Engineer. 5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the amount specified in section 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the Improvements and prior to release of the Performance Security, in the amount in the following amounts: Vast Oak North – Phase 3A (Utilities): One Hundred Seventy-Three Thousand, Seven Hundred and Sixty-Five Dollars and No Cents ($173,765.00). The security shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one (1) year following the date of recordation of the notice of acceptance of the improvements against any defective work or labor done, or defective materials furnished. 5.2. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have Developer post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement. 6. Indemnity and Insurance. 6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of the City. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless 8 of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every contractor and sub-contractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 6.2. Insurance. Developer shall maintain Commercial General Liability Insurance protecting the City from incidents as to bodily injury liability and property damage liability that may occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance and endorsements to City before any Work commences. The insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, elected officials, employees, consultants, agents and volunteers are to be covered as additional insured’s as respects to liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, consultants, agents and volunteers. (2) The amounts of public liability and property damage coverage shall not be less than $3,000,000 (Three Million Dollars) per occurrence for bodily injury, personal injury and property damage. (3) The insurance shall be maintained in full force until the work has been completed to the satisfaction of the City Engineer. (4) The insurance policy shall provide for 30 days’ notice of cancellation to the City. The policy shall not be cancelled earlier than nor the amount of coverage be reduced earlier than 30 days after the City receives notice from the insurer of the intent of cancellation or reduction. (5) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, elected officials, employees, consultants, agents and volunteers. (6) Developer's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, consultants, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, consultants, agents and volunteers shall be in excess of Developer's insurance and shall not contribute to it. (7) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors 9 shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. (8) Developer and Developer's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Developer's workers' compensation insurance policy which arise from the work performed by Developer. In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided. 6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect. 6.4. Other Insurance Requirements. Developer shall: (1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance which shall clearly evidence all insurance required in this section and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage except on thirty (30) days prior written notice to City. (2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein. (3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements. (4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements. (5) Place all insurance required herein with insurers licensed to do business in California. 7. Breach of Agreement; Opportunity to Cure; Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. 10 (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. (5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the security. 7.2. Breach of Agreement; Performance by City. If the City gives Developer notice, under Section 7.1, of breach and default of this Agreement, the City may proceed to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section 5. 7.3. Remedies. City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement, Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 8. Miscellaneous. 8.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 8.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney 11 Developer: University District LLC, 500 La Gonda Way, #100 Danville, CA 94526 Attn. Kevin Pohlson Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 8.3 Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 8.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 8.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 8.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 8.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 8.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 8.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 8.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 8.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion 12 of the Property unless this Agreement has been assigned pursuant to Section 8.6, in which event this Agreement shall remain binding upon Developer. 8.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. 8.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 8.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 8.16. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 8.17 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: City Manager Per Resolution No. 2019-____ adopted by the Rohnert Park City Council at its meeting of May 28, 2019. 13 Dated: "DEVELOPER" University District LLC A Delaware Limited Liability Company By: ____________________________ Name:_______________________ Title:________________________ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 14 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) 17 Exhibit A Property Subject to Agreement Name: CITY COUNCIL SPEAKER CARD B Agenda tt"**, 6D L *l k-tfr( Brief Summary of Comments: t+(J lvv RES PdNgrl LE- a tsJ e See Reverse -+ 1sp163 Socrau !+-asiT ORDtNAdc.L ITEM NO. 6D1 1 Meeting Date: May 28, 2019 Department: Public Safety Submitted By: Tim Mattos, Public Safety Director Prepared By: Tim Mattos, Public Safety Director Agenda Title: Adopt Ordinance and Resolution regarding changes to Sections 15.28.020 and 15.30.030 of the Rohnert Park Municipal Code to Impose Social Host Liability Regarding the Use of Fireworks and Changing the Days on Which Fireworks May Be Used. RECOMMENDED ACTIONS: Adopt ordinance introduced to council on May 14th, 2019 and resolution pertaining to the amendments to Rohnert Park Municipal Code Sections 15.28.020 and 15.30.030 to Impose Social Host Liability Regarding the Use of Fireworks and Changing the Days on Which Fireworks May Be Used. BACKGROUND: On April 23rd, 2019 Public Safety Director, Tim Mattos presented a report to the City Council regarding the sales and use of state approved “safe and sane” fireworks within the City of Rohnert Park. The City of Rohnert Park currently allows for the personal use of state- approved “safe and sane” fireworks within the city for a limited time period annually from June 30th through July 4th. Additionally, the City permits authorized non-profit organizations who have operations inside city limits to sell state-approved fireworks during the same time period. During the April 23rd meeting, the Director of Public Safety provided information regarding the impacts on City personnel as a result the Fourth of July activities within the city. Calls for service spike on the Fourth of July for the police and fire units. The Fire Division schedules 33% additional staffing at the fire stations and deploys a third fire engine in anticipation of the workload for the Fourth of July. The Fourth of July is the busiest day for Public Safety Dispatch with the highest volume of service calls in the year. During the meeting, several individuals representing non-profit organizations spoke during public comment regarding the positive impact their fireworks sales booth has on their organization. Many spoke about the fact that more than fifty percent of the organizations yearly income is generated through the sales of state approved safe and sane fireworks from June 30th through July 4th. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6D1 2 The Rohnert Park City Council was provided the following four options to discuss regarding the sale and use of state approved safe and sane fireworks Continue to allow the use and sales of “safe and sane” fireworks as current. Place a location restriction on the areas of use for “safe and sane” fireworks Place a restriction on the volume of sales and day/time restrictions on the use of “safe and sane” fireworks Ban the use and sales of fireworks in Rohnert Park Staff was directed to return to Council with suggested amendments to the Municipal Code to address the following two areas of concern in an effort to strengthen and enhance the enforcement efforts of the Rohnert Park Department of Public Safety. Limit the days in which state approved “safe and sane” fireworks can be used within the city limits from five days to three days, ending at 10:30 p.m. on the Fourth of July. Create a social host ordinance which allows Public Safety to issue an Administrative Citation to the property owner or responsible party for the use of illegal/dangerous fireworks. On May 14th, 2019 Public Safety Director, Tim Mattos introduced an amended ordinance which limits the use of “Safe and Sane” fireworks from July 2nd through July 4th, and creates a social host provision to address the misuse of “Safe and Sane” fireworks and the use of illegal fireworks. During the meeting, the city council approved the changes to the existing ordinance and asked it be brought back for adoption. ANALYSIS AND DISCUSSION: The ordinance will modify Chapters 15.28 and 15.30 to enact the following changes to the City’s Fire Code and Administrative Citation provisions. Section 15.28.020 has been modified, so that applicable provisions of the City’s fire code include definitions of “social host” and “strict liability,” limit use of “safe and sane” fireworks to the period of July 2-July 4, clarify the liability of responsible adults for the actions of minors, and impose social host liability on property owners. The ordinance will modify 15.30.030.B to ensure that penalties are allowed against a social host for violations regarding safe and sane fireworks, and to clarify that late charges are imposed after 30 days. FISCAL IMPACT The adoption of the amended Municipal Code pertaining the use and sale of state approved safe and sane fireworks will not have a negative fiscal impact on the City’s General Fund. The adoption of the amended Municipal Code will provide an additional enforcement tool for Public Safety which is designed to address the use of illegal/dangerous fireworks and the misuse of safe and sane fireworks. As a result, the General Fund may see an increase in revenue from the issuance of Administration Citations. ITEM NO. 6D1 3 STRATEGIC PLAN ALIGNMENT The City’s vision statement is that Rohnert Park is a thriving, family-friendly community that is a safe, enjoyable place to live, work, and play. The adoption of this resolution regarding the City’s fireworks policy intersects with both “Strategic Plan Goal C: Ensure the effective delivery of public services,” and “Goal D: Continue to develop a vibrant community,” in that the City recognizes there are community benefits, safety considerations, operational costs, and liability costs associated with fireworks. OPTIONS CONSIDERED: Option 1: Recommended. Adopt ordinance revising Sections 15.28.020 and 15.30.030 to Impose Social Host Liability Regarding the Use of Fireworks and Changing the Days on Which Fireworks May Be Used. Option 2: Not Recommended. The proposed revisions enhance the ability of the City to hold accountable those who misuse “Safe and Sane” fireworks or illegal fireworks. Not adopting the proposed changes could result in a continued lack of compliance. Department Head Approval Date: 5/15/2019 Finance Director Approval Date: N/A City Attorney Approval Date: 4/30/19 City Manager Approval Date: 5/15/2019 Attachments (list in packet assembly order): Attachment A - Resolution 1 Ordinance No. 933 ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTIONS 15.28.020 AND 15.30.030 OF THE ROHNERT PARK MUNICIPAL CODE TO IMPOSE SOCIAL HOST LIABILITY REGARDING THE USE OF FIREWORKS AND CHANGING THE DAYS ON WHICH FIREWORKS MAY BE USED WHEREAS, Section 15.28.020 of the Rohnert Park Municipal Code, adopts the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9, incorporating the International Fire Code, 2015 Edition, and contains the City’s existing regulations regarding the use of fireworks; and, WHEREAS, local climatic and topographical conditions increase the fire risk posed by fireworks, and regulations that strictly govern the use of fireworks are necessary to protect the public health and safety; and WHEREAS, the City of Rohnert Park desires to increase enforcement of the prohibition on the use of dangerous fireworks in the City, and to further regulate the use of state approved safe and sane fireworks by only allowing such fireworks to be used between July 2 and July 4 of every year; and WHEREAS, the use of fireworks within the City of Rohnert Park presents unique enforcement challenges, and the public health, safety and welfare would be safeguarded by the imposition of social host liability on property owners for the unlawful use of fireworks on their property and to impose strict liability on adults having the care, custody, or control of a minor for the use of fireworks by such minor. NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 15.28.020 of the Rohnert Park Municipal Code is amended to add a new section 5614.14 to the adopted California Code of Regulations, Title 24, Part 9, “California Fire Code,” and to amend sections 5602.1, 5614.4, 5614.11 therein, to read as follows: 15.28.020 - Adopted—2016 California Building Standards Code, Title 24, Part 9, “California Fire Code”. The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9, incorporating the International Fire Code, 2015 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this chapter. . . . 2 Ordinance No. 933 Section 5602.1 - Added - Definitions. The following words and phrases, as used in this Chapter with regard to the sale of fireworks, are defined as follows: Affiliated Organizations: 1. Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter; 2. Organizations sharing the same officers and/or place of meetings and/or national parent organization; 3. Subdivisions and/or fractional divisions, however named or delineated, of organizations; 4. Sub-organizations, one of whose primary purposes is to provide financial and/or staffing support to a parent non-profit organization. Dangerous fireworks: Dangerous fireworks as defined in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. Non-profit organization: Any non-profit association, charity or corporation or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City of Rohnert Park or public and/or private community college, college and/or university which is located within the boundaries of the City of Rohnert Park. Person: Any individual, firm, partnership, joint venture, association, concern, corporation, state, trust, business trust, receiver, syndicate or any other group or combination acting as a unit. Principal and permanent meeting place: Includes, but not be limited to, a permanent structure, playing field, or geographic area that services a population which resides in or is located within the City of Rohnert Park. Public display of fireworks: An entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. Pyrotechnical displays: Public firework displays or displays used in conjunction with special effects, for motion pictures, theatrical and group entertainment productions operated by a professional California State licensed pyrotechnician. All such displays must secure a fire department permit and meet all applicable requirements of California Health and Safety Code. "State-approved fireworks" shall mean state-approved fireworks defined in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference. State-approved fireworks are commonly referred to as safe and sane fireworks. Throughout the remainder of this document the term state-approved fireworks will be used to denote safe and sane fireworks. 3 Ordinance No. 933 Social host: 1. Any owner of private property as listed on the most recent assessment roll; 2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or 3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. Strictly liable: liable for a wrongful act irrespective of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act. . . . Section 5614.4 - Added - Authorized use of state-approved fireworks. The use of state-approved fireworks may occur beginning on the second of July and ending on the fourth of July between the hours of eight a.m. and ten-thirty p.m. . . . Section 5614.11 - Added - Supervision of minors; strict liability. A. It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge, explode, fire or set off any dangerous, illegal fireworks, at any time, or to permit such minor to discharge or set off any state- approved fireworks unless such minor does so under the direct supervision of a person over eighteen years of age and during the time period permitted by this Chapter. B. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, use, or discharge of any dangerous fireworks in violation of Section 5614.2 or of state-approved fireworks in violation of section 5614.4 by such minor. . . . Section 5614.14 - Added – Social host liability. Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks or state-approved fireworks in violation of Sections 5614.2 or 5614.4 at their property or gathering; except that: 1. No owner of private property shall be liable under this section for a violation of section 5614.2 or 5614.4 on that property if the owner can demonstrate that at the time of such violation they (i) had rented or leased the property to another, (ii) was not present, and (iii) had no prior knowledge of the violation. 2. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations of section 5614.2 or 5614.4 occurring in the common areas of the property. 4 Ordinance No. 933 3. Nothing in this section shall limit the liability of any social host for a violation of section 5614.2 or 5614.4 by the social host. Section 3. Amended. Section 15.30.030 of the Rohnert Park Municipal Code is amended to read in its entirety as follows: 15.30.030 - Penalties for violations. A. In addition to the penalties provided for in Chapter 15.04 of this title, each person who violates any provisions of this chapter and/or Chapter 15.28 of this title as they relate to the possession, use, storage, sale, and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine of one thousand dollars per occurrence, a late charge of two hundred fifty dollars if the fine is not paid within thirty days of the date of citation, and all costs incurred by the office of the state fire marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the office of the state fire marshal at the time a person is cited for possession of dangerous fireworks under this code, the city will reserve twenty-five percent of any fine collected under this provision to cover the cost of reimbursement to the office of the state fire marshal. B. In addition to the penalties provided for in Section 15.04 of this title, each person who violates any provisions of this chapter and/or Chapter 15.28 of this title as they relate to the possession, use, storage, sale, and/or display of "safe and sane fireworks" on or at dates, times, and/or locations other than those permitted by Chapter 15.28 of this title shall be subject to the imposition of payment of an administrative fine, and a late charge if not paid within thirty days of the date of citation, as provided below: Number of Offenses in One Year Amount of Administrative Penalty Late Charge Total Amount of Penalty Plus Late Charge First $250.00 $ 75.00 $ 325.00 Second 500.00 150.00 650.00 Third 750.00 300.00 1,050.00 Section 4. Environmental Review. The City Council finds that adoption of 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) 5 Ordinance No. 933 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, 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 May 14, 2019 and adopted by the Council of the City of Rohnert Park on May 28, 2019, 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 ITEM NO. 6E 1 Meeting Date: May 28, 2019 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Don Schwartz, Assistant City Manager and JoAnne Buergler, City Clerk Agenda Title: Confirmation of the Mayor’s Nomination of Assistant City Manager Schwartz as the City’s Second Alternate Representative to the Board of Directors for Sonoma Clean Power RECOMMENDED ACTION: Confirm the Mayor’s Nomination of Assistant City Manager Schwartz as the City’s second alternate representative to the Board of Directors for Sonoma Clean Power. BACKGROUND: Sonoma Clean Power is a regional Joint Powers Authority that provides primarily renewable energy to Rohnert Park and other JPA members. Rohnert Park joined the JPA in 2014. The Sonoma Clean Power JPA allows member jurisdictions to appoint an elected official as the primary representative to the Board of Directors, and to appoint up to two alternate representatives who may be elected officials or staff. On January 22, 2019, the City Council confirmed the Mayor’s nomination of herself as the City’s primary representative and Councilmember Mackenzie as an alternate. ANALYSIS: Appointing a second alternate will provide the City with an additional option for representation. Per the City Council Protocols, 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. City staff may be appointed with the concurrence of the City Manager. (see attachment 1). Mayor Belforte has nominated Don Schwartz, Assistant City Manager, as the second alternate. The City Manager concurs with the nomination and Assistant City Manager Schwartz has previously served on the Board of Sonoma Clean Power. ALIGNMENT WITH STRATEGIC PLAN: This appointment is consistent with the Strategic Plan’s value of collaboration because it promotes City representation in this regional agency. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 6E 2 OPTIONS CONSIDERED: 1. Recommended Option: : Confirm the Mayor’s Appointment of Assistant City Manager Schwartz as the City’s second alternate representative to the Board of Directors for Sonoma Clean Power to provide the City with an additional option for representation. 2. Alternative Option: Staff also considered not recommending an additional appointment since it is unusual for the City to need a second alternate for this Board. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact associated with this action. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 5/23/2019 Attachments (listed in packet assembly order): 1. City Council Protocol References 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 Introduction to Ordinance for First Reading May 28, 2019 Presented by Cindy Bagley, Deputy Director of Community Services Background May 14, 2019 –City Council directed staff to bring an updated Ordinance regarding park use in the following areas: Park maintenance/enhancements Offering, distributing and/or selling of goods and services Conduct in parks Park and sports court/field hours Permitting requirements Dog restraint requirement Park Maintenance To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any found object attached or affixed to land, whether above or below ground, without written permission of the director of community services. MC 9.62.010 –B -Proposed Offering, distributing of goods and services in parks D -Distribution of handbills or circulars E -Selling of merchandise or food W-Offering or selling of services MC 9.62.010 –Proposed D and E Revision, Added W Conduct in parks To indulge in riotous, threatening or indecent conduct, or abusive, threatening, profane or indecent language. MC 9.62.010 –J -Remove Permit Requirements X -Organized activities or events permit requirement Y –Hours of use on City sports courts and fields MC 9.62.010 –Proposed New X and Y Permit Requirements (Cont). Municipal Code 9.62.050 –Issuance of Vending and Commercial Use Permits Vending Permit Issuance Issuance of Commercial Use Permit Proposed New Provision Dog restraint requirements Restraint requirements for dogs Dog obedience classes -permit requirements Modifications to Municipal Code 6.14.010 and 6.14.030 Thank you! ITEM NO. 7 * AMENDED* 1 1 Meeting Date: May 28, 2019 Department: Community Services Submitted By: John McArthur, Public Works and Community Services Director Prepared By: Cindy Bagley, Deputy Director of Community Services Agenda Title: Introduction of Ordinance No. 934, An Ordinance Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements For Obedience Training Classes RECOMMENDED ACTION: Introduce by title only, and waive first reading of, Ordinance No. 934, An Ordinance of the City of Rohnert Park Amending Sections 6.14.010, 6.14.030, 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements For Obedience Training Classes BACKGROUND: At its regular meeting on Tuesday, May 14, 2019, staff presented proposed amendments to above referenced municipal codes. During the presentation, staff referenced the need to update the parks and facilities use policies and procedures, some of which will be tied directly to the City’s Municipal Code and Park Ordinances. The City Council directed staff to bring back an ordinance for introduction amending the proposed sections of the municipal as outlined in the analysis section of this report. ANALYSIS: City Council directed staff to make the following modifications to the below sections of the City’s municipal code. All modifications to existing code are identified with additions in underline and deletions in strikethrough. Modifications to Municipal Code section 9.62.010 – Unlawful acts in public parks and recreation facilities: This code section currently includes a number of specifically listed prohibitions regarding activities in parks. At present, one of the prohibitions is: Current Letter B: To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any found object, whether above or below ground. 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 *AMENDED* 2 In certain instances it makes sense to allow certain users of athletic fields to contribute to maintenance of such facilities, such as mowing. The following change is recommended: Proposed Modification to Letter B: To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any found object attached or affixed to land, whether above or below ground, without written permission of the director of the community services department. Staff have received comments that certain fee-based services have been offered in city parks without consent from the City. Examples include exercise classes, dog training, and basketball clinics. The City’s current ordinance does not state that this is unlawful, however, staff do recommend any persons being allowed to make money on city property without the proper permit. This will also assist staff in ensuring there is not loitering in public parks. Additionally, effective January 1, 2019, SB-946 restricts the ability of the City to restrict “sidewalk vending,” defined as the sale of food or merchandise by a person from a pushcart or other non-motorized conveyance on a public sidewalk or other pedestrian path. SB-946 requires that all regulation of sidewalk vending within the City be subject to a permitting program in compliance with state law requirements. SB-946 specifically provides that the City cannot legally exclude sidewalk vendors from selling food and merchandise in public parks unless the City has an exclusive concessionaire agreement for the sale or food and merchandise within a park. State law now prohibits any form of criminal enforcement of sidewalk vending, but would authorize the City to enact a program that provides for enforcement via administrative citation, with the amount of penalties limited by state law. Additional exclusions in the City code are recommended to address certain First Amendment activity in city parks, which are traditional public forums. After consulting with the City Attorney’s office, staff is recommending the following amendments that account for services at city parks and changes in state law regarding permissible regulations of vending in parks, and to exempt certain activity that is protected by court decisions as free speech activity under the First Amendment: Proposed Modification to Letter C: To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or if under leash in accordance with Section 6.14.030 of the Municipal Code. Proposed Modification to Letter D: To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper or advertising device of any kind. Proposed Modification to Letter E: To sell or offer for sale any food or merchandise, article, or thing whatsoever without the written permission a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. Such A valid vending permit shall be carried by the any vendor subject to a permit requirement at all times that he or she person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice ITEM NO. 7 *AMENDED* 3 regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). Proposed New Letter W: To offer for sale any service or engage in any form of commercial activity without a commercial use permit issued by the director of the community services department, except that a commercial use permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or (ii) for the sale of food or merchandise with a valid vending permit. The City’s ability to regulate the use of language, even profane language, is limited in a traditional public forum such as a City park. Where disruptive conduct rises to the level where it may be regulated, it would become subject to existing criminal prohibitions in state law, such as Penal Code sections 314 (lewd conduct), 415 (breach of the peace), 422 (criminal threat). Thus, it is also recommend that the following existing provision be deleted, and subsequent provisions renumbered: J. To indulge in riotous, threatening or indecent conduct, or abusive, threatening, profane or indecent language. In addition to fee based classes, there are groups of people who use city parks for organized sporting events, clinics, practices, parties, etc. that are free of charge. These events often interfere with permitted activities in city parks and also prevent the everyday park user access to some areas of the parks such as picnic areas and sports courts, which should remain open to the public unless otherwise permitted. There are no ordinances that address this challenge. Staff is proposing adding the following letters under this section of the municipal code: Proposed New Letter X: To participate in, host or organize an activity or event with more than 10 people that is not open to the public without written permission from the community services department. Evidence of such permission shall be carried by the host or organizer at all times while within a city park or facility during the time of the event or activity. Staff have received comments and complaints from residents surrounding city parks due to noise in the early hours of the morning and into the evening. The current park hours are posted as 6am to 10:30pm. Staff believe these hours are suitable for passive use of parks, however, would like to amend the hours for use of courts and sports fields within city parks as follows: Proposed New Letter Y: To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Enacting Municipal Code section 9.62.050 – Issuance of Vending and Commercial Use Permits It is recommended that the City Council enact a new provision to govern the issuance of vending permits and commercial use permits. The proposed provision would read: Municipal Code section 9.62.050 – Issuance of Vending and Commercial Use Permits A. Vending Permit Issuance. Vending permits shall be issued by the director of the community services department upon payment of a permit fee established by resolution of the city council, but shall not be issued to allow vending in areas where a concessionaire has an agreement with ITEM NO. 7 *AMENDED* 4 the City for exclusive vending rights. The director of the community services department may condition the issuance of such permit on the vendor possessing a valid California Department of Tax and Fee Administration seller’s permit, a city-issued business license, and if selling food, any applicable permits required by the Sonoma County Environmental Health and Safety Public Health Division. The director may impose as permit conditions limitations on business hours that are not unduly restrictive, requirements to maintain sanitary conditions, requirements to ensure compliance with disability access standards, and conditions limiting the use of vending carts to paved surfaces within the park. B. Issuance of Commercial Use Permit. Commercial use permits are issued at the discretion of the director of the community services department. A commercial use permit may be issued for a temporary commercial use or activity if applicant pays the commercial use permit fee, established by resolution of the City Council, and agrees to defend, indemnify, and hold harmless the city and its City Council, officers, employees, agents and volunteers for claims arising out of the permitted activities, and provides proof of adequate insurance with limits and policy form satisfactory to the director of the community services department, and that the permittee causes such policy to cover the City of Rohnert Park, its City Council, officers, employees, agents and volunteers as additional insured parties. The director shall designate in the permit the area of the park or facility in which the commercial use or activity may be conducted. Modifications to Municipal Code 6.14.010 and 6.14.030 As referenced previously, dog training classes have been reported as being offered in city parks and within the Community Center Complex. During these classes, dogs are often times off-leash, which directly violates the municipal code section 6.14.030, which prohibits dogs in public parks unless under physical restraint by means of leash, with exceptions for dog parks or off-leash exercise area. Community Services Staff have conferred with the Animal Services Supervisor who is currently in the process of developing proposed amendments to present to the City Council in this section, and the following is recommended: 6.14.010.C. Proposed: The restraint requirements provide in this section shall not apply to service or assistance dog; a dog participating in field or obedience trials or an obedience training class; animal exhibitions; or a dog assisting a public safety officer engaged in in law enforcement duties. 6.14.030 – Proposed: Dogs are prohibited in public parks and playground areas unless such dogs are under physical restraint by a person capable of controlling the dog by means of a leash. This provision shall not apply to any area specifically designated as a dog park or off leash exercise area, or to dogs in an obedience training class operating pursuant to a permit issued by the community services department and within the designated area identified in such permit. In addition to the amendments above, there are locations within the Municipal Code that reference the Recreation Department. The recreation department was renamed the Community Services Department in 2012. Staff is proposing to amend Section 9.62.010 where it references recreation department to reference community services instead. ITEM NO. 7 *AMENDED* 5 STRATEGIC PLAN ALIGNMENT: The consideration of amending the City’s park ordinances are in line with Strategic Plan Goal C: Ensure the effective delivery of public services by ensuring that public spaces are accessible and used for their intended purposes. FISCAL IMPACT: There will be minimal costs associated with these changes in order to update parks signage. These costs will be absorbed by the Parks operating budget for FY 19-20. There could be an increase in revenue through additional permits purchased through the Community Services Department. Department Head Approval: 5/15/19 J. McArthur Finance Director Approval: N/A B. Howze Human Resources Director Approval: N/A V. Perrault City Attorney Approval: 5/16/19 S. Rudin City Manager Approval: 5/17/19 D. Jenkins Attachment: Ordinance for Introduction ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 6.14.010, 6.14.030, AND 9.62.10, AND ADDING NEW SECTION 9.62.050, TO IMPOSE PERMIT REQUIREMENTS FOR COMMERCIAL USES OF CITY PARKS AND RECREATIONAL FACILITIES, REGULATE OTHER NON-PUBLIC USES WITHIN PARKS, CHANGE COURT HOURS, AND MODIFY DOG RESTRAINT REQUIREMENTS FOR OBEDIENCE TRAINING CLASSES WHEREAS, effective January 1, 2019, SB-946 requires that local governments authorize pushcart vending of food and merchandise within each public park, unless there is an exclusive concessionaire agreement in place for such park, and restricts local authority regarding such vending activities; and WHEREAS, to protect public safety, health and welfare, such vending and other commercial activities within city parks should be subject to a permit issued by the Community Services Department; and WHEREAS, staff recommend that dog leash regulations be updated to authorize dog obedience training classes occurring at city parks, subject to permit requirements; and WHEREAS, to protect public safety, health and welfare, and promote the orderly use of City parks and facilities, changes in regulations are necessary to address large events, gatherings and other uses of City parks and recreation facilities that are not intended to be open to the general public; and WHEREAS, additional limitations on the hours of use for sports courts and fields would help ensure that neighbors have peaceful enjoyment of their own property; and WHEREAS, the City Council of the City of Rohnert Park desires to update regulations regarding the use of parks to reflect subsequent changes in state and federal law; NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 9.62.010 of the Rohnert Park Municipal Code is amended read in its entirety as follows: 9.62.010 - Unlawful acts in public parks and recreation facilities. It is unlawful for any person, entity, firm or corporation to do or commit any of the acts enumerated below in any city park or recreation facility: A. To damage, by any means whatsoever, any public property planted, placed, located or otherwise situated in a public park or recreation facility. B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any object attached or affixed to land, without written permission of the director of the community services department. ITEM NO. 7 *AMENDED* 2 Ordinance No. 934 C. To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or in accordance with Section 6.14.030 of the Municipal Code. D. To post, place or erect any bills, notice, paper or advertising device of any kind. E. To sell or offer for sale any food or merchandise without a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. A valid vending permit shall be carried by any vendor subject to a permit requirement at all times that person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). F. To willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction in any park. G. To carry any weapon, including, but not limited to, firearms, airguns, paintball markers, or slingshots. H. To make or kindle a fire except in picnic stoves or other fixtures provided for that purpose, or to camp, except in places designated as such by official action of the city. I. To ride or drive any horse or other animal or any motorized vehicle, cycle or scooter elsewhere other than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking area. J. To enter, remain, stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when the pools are not open to the public with a lifeguard on duty. K. To play or engage in model airplane flying, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes. L. To throw or place on or in any park any paper, rubbish, garbage or refuse matter of any kind, unless in a receptacle designed for the purpose, but no person shall deposit household rubbish and garbage in any city park, rubbish or garbage receptacles. M. To possess any beverage container made of glass or to bring, carry, or transport any beverage container made of glass into a city park. N. To possess food or drink in any city recreation facility where there are signs posted prohibiting such items. O. To disregard or disobey the directives of a lifeguard, city staff member, or posted rules while at a city swimming pool. ITEM NO. 7 *AMENDED* 3 Ordinance No. 934 P. To deny or otherwise interfere with the use of a field or facility by an organization or individual with a valid reservation permit issued by the community services department. R. To engage in any activity other than tennis on tennis courts without written permission from the community services department. S. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog which initiates an unprovoked attack on any person or animal that causes injury or causes a defensive action to prevent serious injury. T. To be in custody, control, or otherwise responsible for a dog that does not exhibit a valid license. U. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog over six months of age that has not been spayed or neutered. V. To have, possess, carry, sell or consume any alcoholic beverage as defined in Section 9.34.010, unless such person has obtained a permit for possession and/or consumption of alcoholic beverages for a special event as defined in Section 9.34.010, from the director of public safety or his/her designee. W. To offer for sale any service or engage in any form of commercial activity without a commercial use permit issued by the director of the community services department, except that a commercial use permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or (ii) for the sale of food or merchandise with a valid vending permit. X. To participate in, host or organize an activity or event with more than 10 people that is not open to the public without written permission from the community services department. Evidence of such permission shall be carried by the host or organizer at all times while within a city park or facility during the time of the event or activity. Y. To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Section 3. Enacted. Section 9.62.050 of the Rohnert Park Municipal Code is hereby enacted to read in its entirety as follows: 9.62.050 – Issuance of Vending and Commercial Use Permits. A. Vending Permit Issuance. Vending permits shall be issued by the director of the community services department upon payment of a permit fee established by resolution of the city council, but shall not be issued to allow vending in areas where a concessionaire has an agreement with the City for exclusive vending rights. The director of the community services department may condition the issuance of such permit on the vendor possessing a valid California Department of Tax and Fee Administration seller’s permit, a city-issued business license, and if selling food, any applicable permits required by the Sonoma County Environmental Health and Safety Public Health Division. The director may impose as permit conditions limitations on business hours that are not unduly restrictive, requirements to maintain Commented [BC1]: Changed “commercial activity permit” to “commercial use permit” to be consistent with the new ordinance as proposed in this introduction (9.62.050) – Issuance of Vending and Commercial Use Permits. Also added to (ii) “with a valid vending permit” to be more definitive regarding the exception of the requirement for a commercial use permit for the sale of food and merchandise ITEM NO. 7 *AMENDED* 4 Ordinance No. 934 sanitary conditions, requirements to ensure compliance with disability access standards, and conditions limiting the use of vending carts to paved surfaces within the park. B. Issuance of Commercial Use Permit. Commercial use permits are issued at the discretion of the director of the community services department. A commercial use permit may be issued for a temporary commercial use or activity if applicant pays the commercial use permit fee, established by resolution of the City Council, and agrees to defend, indemnify, and hold harmless the city and its City Council, officers, employees, agents and volunteers for claims arising out of the permitted activities, and provides proof of adequate insurance with limits and policy form satisfactory to the director of the community services department, and that the permittee causes such policy to cover the City of Rohnert Park, its City Council, officers, employees, agents and volunteers as additional insured parties. The director shall designate in the permit the area of the park or facility in which the commercial use or activity may be conducted. Section 4. Amended. Section 6.14.010.C of the Rohnert Park Municipal Code is amended read in its entirety as follows: C. The restraint requirements provide in this section shall not apply to service or assistance dog; a dog participating in field or obedience trials or an obedience training class; animal exhibitions; or a dog assisting a public safety officer engaged in in law enforcement duties. Section 5. Amended. Section 6.14.030 of the Rohnert Park Municipal Code is amended read in its entirety as follows: Dogs are prohibited in public parks and playground areas unless such dogs are under physical restraint by a person capable of controlling the dog by means of a leash. This provision shall not apply to any area specifically designated as a dog park or off leash exercise area, or to dogs in an obedience training class operating pursuant to a permit issued by the community services department and within the designated area identified in such permit. Section 6. Environmental Review. The City Council finds that adoption of 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 7. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 8. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. ITEM NO. 7 *AMENDED* 5 Ordinance No. 934 Section 9. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on May 28, 2019 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 ITEM NO. 7 1 1 Meeting Date: May 28, 2019 Department: Community Services Submitted By: John McArthur, Public Works and Community Services Director Prepared By: Cindy Bagley, Deputy Director of Community Services Agenda Title: Introduction of Ordinance No. 934, An Ordinance Amending Rohnert Park Municipal Code Sections 6.14.010, 6.14.030, and 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements For Obedience Training Classes RECOMMENDED ACTION: Introduce by title only, and waive first reading of, Ordinance No. 934, An Ordinance of the City of Rohnert Park Amending Sections 6.14.010, 6.14.030, 9.62.10, and Adding New Section 9.62.050, to Impose Permit Requirements for Commercial Uses of City Parks and Recreational Facilities, Regulate Other Non-Public Uses Within Parks, Change Court Hours, and Modify Dog Restraint Requirements For Obedience Training Classes BACKGROUND: At its regular meeting on Tuesday, May 14, 2019, staff presented proposed amendments to above referenced municipal codes. During the presentation, staff referenced the need to update the parks and facilities use policies and procedures, some of which will be tied directly to the City’s Municipal Code and Park Ordinances. The City Council directed staff to bring back an ordinance for introduction amending the proposed sections of the municipal as outlined in the analysis section of this report. ANALYSIS: City Council directed staff to make the following modifications to the below sections of the City’s municipal code. All modifications to existing code are identified with additions in underline and deletions in strikethrough. Modifications to Municipal Code section 9.62.010 – Unlawful acts in public parks and recreation facilities: This code section currently includes a number of specifically listed prohibitions regarding activities in parks. At present, one of the prohibitions is: Current Letter B: To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any found object, whether above or below ground. 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 In certain instances it makes sense to allow certain users of athletic fields to contribute to maintenance of such facilities, such as mowing. The following change is recommended: Proposed Modification to Letter B: To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any found object attached or affixed to land, whether above or below ground, without written permission of the director of the community services department. Staff have received comments that certain fee-based services have been offered in city parks without consent from the City. Examples include exercise classes, dog training, and basketball clinics. The City’s current ordinance does not state that this is unlawful, however, staff do recommend any persons being allowed to make money on city property without the proper permit. This will also assist staff in ensuring there is not loitering in public parks. Additionally, effective January 1, 2019, SB-946 restricts the ability of the City to restrict “sidewalk vending,” defined as the sale of food or merchandise by a person from a pushcart or other non-motorized conveyance on a public sidewalk or other pedestrian path. SB-946 requires that all regulation of sidewalk vending within the City be subject to a permitting program in compliance with state law requirements. SB-946 specifically provides that the City cannot legally exclude sidewalk vendors from selling food and merchandise in public parks unless the City has an exclusive concessionaire agreement for the sale or food and merchandise within a park. State law now prohibits any form of criminal enforcement of sidewalk vending, but would authorize the City to enact a program that provides for enforcement via administrative citation, with the amount of penalties limited by state law. Additional exclusions in the City code are recommended to address certain First Amendment activity in city parks, which are traditional public forums. After consulting with the City Attorney’s office, staff is recommending the following amendments that account for services at city parks and changes in state law regarding permissible regulations of vending in parks, and to exempt certain activity that is protected by court decisions as free speech activity under the First Amendment: Proposed Modification to Letter C: To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or if under leash in accordance with Section 6.14.030 of the Municipal Code. Proposed Modification to Letter D: To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper or advertising device of any kind. Proposed Modification to Letter E: To sell or offer for sale any food or merchandise, article, or thing whatsoever without the written permission a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. Such A valid vending permit shall be carried by the any vendor subject to a permit requirement at all times that he or she person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice ITEM NO. 3 regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). Proposed New Letter W: To offer for sale any service or engage in any form of commercial activity without a commercial activity permit issued by the director of the community services department, except that a commercial activity permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or (ii) for the sale of food or merchandise. The City’s ability to regulate the use of language, even profane language, is limited in a traditional public forum such as a City park. Where disruptive conduct rises to the level where it may be regulated, it would become subject to existing criminal prohibitions in state law, such as Penal Code sections 314 (lewd conduct), 415 (breach of the peace), 422 (criminal threat). Thus, it is also recommend that the following existing provision be deleted, and subsequent provisions renumbered: J. To indulge in riotous, threatening or indecent conduct, or abusive, threatening, profane or indecent language. In addition to fee based classes, there are groups of people who use city parks for organized sporting events, clinics, practices, parties, etc. that are free of charge. These events often interfere with permitted activities in city parks and also prevent the everyday park user access to some areas of the parks such as picnic areas and sports courts, which should remain open to the public unless otherwise permitted. There are no ordinances that address this challenge. Staff is proposing adding the following letters under this section of the municipal code: Proposed New Letter X: To participate in, host or organize an activity or event with more than 10 people that is not open to the public without written permission from the community services department. Evidence of such permission shall be carried by the host or organizer at all times while within a city park or facility during the time of the event or activity. Staff have received comments and complaints from residents surrounding city parks due to noise in the early hours of the morning and into the evening. The current park hours are posted as 6am to 10:30pm. Staff believe these hours are suitable for passive use of parks, however, would like to amend the hours for use of courts and sports fields within city parks as follows: Proposed New Letter Y: To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Enacting Municipal Code section 9.62.050 – Issuance of Vending and Commercial Use Permits It is recommended that the City Council enact a new provision to govern the issuance of vending permits and commercial use permits. The proposed provision would read: Municipal Code section 9.62.050 – Issuance of Vending and Commercial Use Permits A. Vending Permit Issuance. Vending permits shall be issued by the director of the community services department upon payment of a permit fee established by resolution of the city council, but shall not be issued to allow vending in areas where a concessionaire has an agreement with ITEM NO. 4 the City for exclusive vending rights. The director of the community services department may condition the issuance of such permit on the vendor possessing a valid California Department of Tax and Fee Administration seller’s permit, a city-issued business license, and if selling food, any applicable permits required by the Sonoma County Environmental Health and Safety Public Health Division. The director may impose as permit conditions limitations on business hours that are not unduly restrictive, requirements to maintain sanitary conditions, requirements to ensure compliance with disability access standards, and conditions limiting the use of vending carts to paved surfaces within the park. B. Issuance of Commercial Use Permit. Commercial use permits are issued at the discretion of the director of the community services department. A commercial use permit may be issued for a temporary commercial use or activity if applicant pays the commercial use permit fee, established by resolution of the City Council, and agrees to defend, indemnify, and hold harmless the city and its City Council, officers, employees, agents and volunteers for claims arising out of the permitted activities, and provides proof of adequate insurance with limits and policy form satisfactory to the director of the community services department, and that the permittee causes such policy to cover the City of Rohnert Park, its City Council, officers, employees, agents and volunteers as additional insured parties. The director shall designate in the permit the area of the park or facility in which the commercial use or activity may be conducted. Modifications to Municipal Code 6.14.010 and 6.14.030 As referenced previously, dog training classes have been reported as being offered in city parks and within the Community Center Complex. During these classes, dogs are often times off-leash, which directly violates the municipal code section 6.14.030, which prohibits dogs in public parks unless under physical restraint by means of leash, with exceptions for dog parks or off-leash exercise area. Community Services Staff have conferred with the Animal Services Supervisor who is currently in the process of developing proposed amendments to present to the City Council in this section, and the following is recommended: 6.14.010.C. Proposed: The restraint requirements provide in this section shall not apply to service or assistance dog; a dog participating in field or obedience trials or an obedience training class; animal exhibitions; or a dog assisting a public safety officer engaged in in law enforcement duties. 6.14.030 – Proposed: Dogs are prohibited in public parks and playground areas unless such dogs are under physical restraint by a person capable of controlling the dog by means of a leash. This provision shall not apply to any area specifically designated as a dog park or off leash exercise area, or to dogs in an obedience training class operating pursuant to a permit issued by the community services department and within the designated area identified in such permit. In addition to the amendments above, there are locations within the Municipal Code that reference the Recreation Department. The recreation department was renamed the Community Services Department in 2012. Staff is proposing to amend Section 9.62.010 where it references recreation department to reference community services instead. ITEM NO. 5 STRATEGIC PLAN ALIGNMENT: The consideration of amending the City’s park ordinances are in line with Strategic Plan Goal C: Ensure the effective delivery of public services by ensuring that public spaces are accessible and used for their intended purposes. FISCAL IMPACT: There will be minimal costs associated with these changes in order to update parks signage. These costs will be absorbed by the Parks operating budget for FY 19-20. There could be an increase in revenue through additional permits purchased through the Community Services Department. Department Head Approval: 5/15/19 J. McArthur Finance Director Approval: N/A B. Howze Human Resources Director Approval: N/A V. Perrault City Attorney Approval: 5/16/19 S. Rudin City Manager Approval: 5/17/19 D. Jenkins 1 Ordinance No. 934 ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 6.14.010, 6.14.030, AND 9.62.10, AND ADDING NEW SECTION 9.62.050, TO IMPOSE PERMIT REQUIREMENTS FOR COMMERCIAL USES OF CITY PARKS AND RECREATIONAL FACILITIES, REGULATE OTHER NON-PUBLIC USES WITHIN PARKS, CHANGE COURT HOURS, AND MODIFY DOG RESTRAINT REQUIREMENTS FOR OBEDIENCE TRAINING CLASSES WHEREAS, effective January 1, 2019, SB-946 requires that local governments authorize pushcart vending of food and merchandise within each public park, unless there is an exclusive concessionaire agreement in place for such park, and restricts local authority regarding such vending activities; and WHEREAS, to protect public safety, health and welfare, such vending and other commercial activities within city parks should be subject to a permit issued by the Community Services Department; and WHEREAS, staff recommend that dog leash regulations be updated to authorize dog obedience training classes occurring at city parks, subject to permit requirements; and WHEREAS, to protect public safety, health and welfare, and promote the orderly use of City parks and facilities, changes in regulations are necessary to address large events, gatherings and other uses of City parks and recreation facilities that are not intended to be open to the general public; and WHEREAS, additional limitations on the hours of use for sports courts and fields would help ensure that neighbors have peaceful enjoyment of their own property; and WHEREAS, the City Council of the City of Rohnert Park desires to update regulations regarding the use of parks to reflect subsequent changes in state and federal law; NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 9.62.010 of the Rohnert Park Municipal Code is amended read in its entirety as follows: 9.62.010 - Unlawful acts in public parks and recreation facilities. It is unlawful for any person, entity, firm or corporation to do or commit any of the acts enumerated below in any city park or recreation facility: A. To damage, by any means whatsoever, any public property planted, placed, located or otherwise situated in a public park or recreation facility. 2 Ordinance No. 934 B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel or any object attached or affixed to land, without written permission of the director of the community services department. C. To release any livestock of any kind on park property with the exception of dogs which shall be permitted pursuant to posted regulations or in accordance with Section 6.14.030 of the Municipal Code. D. To post, place or erect any bills, notice, paper or advertising device of any kind. E. To sell or offer for sale any food or merchandise without a vending permit from the City, except that a vending permit shall not be required of a person or nonprofit organization to sell merchandise making a political, religious, philosophical or ideological message in any area of a park open to the public. A valid vending permit shall be carried by any vendor subject to a permit requirement at all times that person is selling within the city park. Notwithstanding any other provision of the code, violations of requirements set forth in this subsection E or conditions of a vending permit shall only be subject to administrative citation issued pursuant to chapter 1.25 of the code. Administrative fines shall be limited to the maximum fines allowed pursuant to Government Code section 51039(a). Any administrative citations issued shall meet the format requirements set forth in section 1.25.050 and shall also provide notice regarding the ability to seek an ability-to-pay determination in accordance with Government Code section 51039(f). F. To willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other construction in any park. G. To carry any weapon, including, but not limited to, firearms, airguns, paintball markers, or slingshots. H. To make or kindle a fire except in picnic stoves or other fixtures provided for that purpose, or to camp, except in places designated as such by official action of the city. I. To ride or drive any horse or other animal or any motorized vehicle, cycle or scooter elsewhere other than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking area. J. To enter, remain, stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when the pools are not open to the public with a lifeguard on duty. K. To play or engage in model airplane flying, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes. L. To throw or place on or in any park any paper, rubbish, garbage or refuse matter of any kind, unless in a receptacle designed for the purpose, but no person shall deposit household rubbish and garbage in any city park, rubbish or garbage receptacles. M. To possess any beverage container made of glass or to bring, carry, or transport any beverage container made of glass into a city park. 3 Ordinance No. 934 N. To possess food or drink in any city recreation facility where there are signs posted prohibiting such items. O. To disregard or disobey the directives of a lifeguard, city staff member, or posted rules while at a city swimming pool. P. To deny or otherwise interfere with the use of a field or facility by an organization or individual with a valid reservation permit issued by the community services department. R. To engage in any activity other than tennis on tennis courts without written permission from the community services department. S. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog which initiates an unprovoked attack on any person or animal that causes injury or causes a defensive action to prevent serious injury. T. To be in custody, control, or otherwise responsible for a dog that does not exhibit a valid license. U. To be in custody, control, or otherwise responsible for an off-leash or unconfined dog over six months of age that has not been spayed or neutered. V. To have, possess, carry, sell or consume any alcoholic beverage as defined in Section 9.34.010, unless such person has obtained a permit for possession and/or consumption of alcoholic beverages for a special event as defined in Section 9.34.010, from the director of public safety or his/her designee. W. To offer for sale any service or engage in any form of commercial activity without a commercial activity permit issued by the director of the community services department, except that a commercial activity permit shall not be required (i) to solicit funds or contributions for charitable, educational, philosophical, political, religious, or other ideological purposes, or (ii) for the sale of food or merchandise. X. To participate in, host or organize an activity or event with more than 10 people that is not open to the public without written permission from the community services department. Evidence of such permission shall be carried by the host or organizer at all times while within a city park or facility during the time of the event or activity. Y. To use a city sports court or sports field between the hours of 10:30 p.m. and 8:00 a.m. No use of sports courts or sports fields is permitted after dark when no permanent lighting is present. Section 3. Enacted. Section 9.62.050 of the Rohnert Park Municipal Code is hereby enacted to read in its entirety as follows: 9.62.050 – Issuance of Vending and Commercial Use Permits. A. Vending Permit Issuance. Vending permits shall be issued by the director of the community services department upon payment of a permit fee established by resolution of the city council, but shall not be issued to allow vending in areas where a concessionaire has an agreement with the City for exclusive vending rights. The director of the community services department may condition the issuance of such permit on the vendor possessing a valid California Department of Tax and Fee Administration seller’s permit, a city-issued business 4 Ordinance No. 934 license, and if selling food, any applicable permits required by the Sonoma County Environmental Health and Safety Public Health Division. The director may impose as permit conditions limitations on business hours that are not unduly restrictive, requirements to maintain sanitary conditions, requirements to ensure compliance with disability access standards, and conditions limiting the use of vending carts to paved surfaces within the park. B. Issuance of Commercial Use Permit. Commercial use permits are issued at the discretion of the director of the community services department. A commercial use permit may be issued for a temporary commercial use or activity if applicant pays the commercial use permit fee, established by resolution of the City Council, and agrees to defend, indemnify, and hold harmless the city and its City Council, officers, employees, agents and volunteers for claims arising out of the permitted activities, and provides proof of adequate insurance with limits and policy form satisfactory to the director of the community services department, and that the permittee causes such policy to cover the City of Rohnert Park, its City Council, officers, employees, agents and volunteers as additional insured parties. The director shall designate in the permit the area of the park or facility in which the commercial use or activity may be conducted. Section 4. Amended. Section 6.14.010.C of the Rohnert Park Municipal Code is amended read in its entirety as follows: C. The restraint requirements provide in this section shall not apply to service or assistance dog; a dog participating in field or obedience trials or an obedience training class; animal exhibitions; or a dog assisting a public safety officer engaged in in law enforcement duties. Section 5. Amended. Section 6.14.030 of the Rohnert Park Municipal Code is amended read in its entirety as follows: Dogs are prohibited in public parks and playground areas unless such dogs are under physical restraint by a person capable of controlling the dog by means of a leash. This provision shall not apply to any area specifically designated as a dog park or off leash exercise area, or to dogs in an obedience training class operating pursuant to a permit issued by the community services department and within the designated area identified in such permit. Section 6. Environmental Review. The City Council finds that adoption of 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 7. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or 5 Ordinance No. 934 unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 8. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 9. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on May 28, 2019 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 Introduction of False Alarm Ordinance Background -Problematic False Alarms April 23rd, 2019 ◦DPS sought direction regarding problematic false alarms. Current Ordinance is ineffective False alarms cause service disruption There are costs associated with the response to false alarms Amended Ordinance Introduction Repeals Municipal Code section 15.28.020 (Fire Code)◦(1) Section 202 -Amended –False Alarm; ◦(2) Section 901.6.1.1 -Added -False fire alarm; ◦(3) Section 901.6.1.2 -Added -New alarm installations; ◦(4) Section 901.6.1.3 -Added -Commercial alarm responsibility; ◦(5) Section 901.6.1.4 -Added -Residential alarm responsibility. Repealed sections will be moved into Chapter 9.65 of the Municipal Code ◦allows the false alarm ordinance to reside in one location. Amended Ordinance Introduction Section 9.65.010 -Updated Declaration of Policy Section 9.65.040 -Penalty for false alarm Section 9.65.050 -Grace Period Section 9.65.060 -Responsibility for alarm system Section 9.65.070 -Alarm System Registration Required Section 9.65.080 -Fine and fee schedule Fine Schedule -False Alarms Fee Schedule -Alarm Registration Alarm Registration Application Fee Fee Total Due Initial Application Fee $30.00 $30.00 Late Fee-30 days to 60 days late $5.00 $35.00 Late Fee- 60 days to 90 days late $10.00 $45.00 Late Fee-Over 90 days late $15.00 $60.00 Alarm Registration Renewal Fee Fee Total Due Registration Renewal Fee $15.00 $15.00 Late Fee- 30 days to 60 days late $5.00 $20.00 Late Fee- 60 days to 90 days late $10.00 $30.00 Late Fee- Over 90 days late $15.00 $45.00 Strategic Plan Alignment This is consistent with the strategic plan as it: ◦Achieve and maintain financial stability ◦by offsetting the costs to respond to false alarms. ◦Ensure the effective delivery of public services ◦by discouraging the deferred maintenance of problematic alarm systems. ◦Continue to develop a vibrant community ◦by reinforcing the need for proper maintenance of alarm systems, or penalizing those which are not. Questions? ITEM NO. 8 1 Meeting Date: May 28, 2019 Department: Public Safety-Fire Prevention Division Submitted By: Tim Mattos, Director of Public Safety Prepared By: Tim Mattos, Director of Public Safety Agenda Title: Introduction of Ordinance No. 935, An Ordinance Amending Chapter 9.65 — Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties RECOMMENDED ACTION: Introduce by title only, and waive reading of, Ordinance No. 935, An Ordinance Amending Chapter 9.65 — Alarm Systems and Section 15.28.020 of the Rohnert Park Municipal Code to Regulate False Alarms, Require Registration, and Impose Penalties. BACKGROUND: Existing Chapter 9.65, which was last updated in 1990 via Ordinance 522, imposes a penalty beginning with the fifth false alarm. Fees begin at $50.00 for the fifth and sixth false alarm in a calendar year, $75.00 for the seventh and eighth false alarm for the calendar year, and $100.00 for nine or more false alarms in a calendar year. On April 23rd, 2019, Public Safety staff presented an agenda item seeking direction from the City Council on proposed amendments to impose additional penalties for false alarms starting with the second false alarm, and to impose alarm system registration requirements. The City Council directed staff to present an ordinance for adoption making appropriate changes to the Rohnert Park Municipal Code to implement the staff suggestions. ANALYSIS AND DISCUSSION: After the staff presentation, review of existing municipal code provisions revealed that additional regulations relating to false alarms within the City had also been adopted into the California Fire Code as adopted by the City of Rohnert Park. These provisions are set forth in Rohnert Park Municipal Code section 15.28.020, and include the following sections: (1) Section 202 - Amended – False Alarm; (2) Section 901.6.1.1 - Added - False fire alarm; (3) Section 901.6.1.2 - Added - New alarm installations; (4) Section 901.6.1.3 - Added - Commercial alarm responsibility; (5) Section 901.6.1.4 - Added - Residential alarm responsibility. To avoid having duplicative and potentially contradictory provisions in the municipal code on the same subject, it is recommended that these provisions be repealed along with updating the existing provisions in Chapter 9.65 as previously suggested by staff and directed by the Council. The proposed ordinance would repeal these sections that were adopted by the City into the Fire Code, and implement the following changes to Chapter 9.65: 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 • Section 9.65.010 - Declaration of policy. This section would be updated to reflect the policy of the city to require alarm registrations and discourage false alarms by imposing penalties. • 9.65.040 – Penalty for false alarms. This section would be updated to impose a penalty for all false alarms in the city starting with the second in any one-year period. Fines would be subject to collection in accordance with existing provisions of the municipal code. • 9.65.050 – Grace Period. This provision is updated to provide a grace period for alarm systems that are reactivated for 30 days after activation. • 9.65.060 – Responsibility for Alarm Systems. Existing provisions designating responsibility for alarm systems on commercial and residential properties have been combined into one provision to ensure that there will be a responsible party for every alarm system in the city. Persons registering the alarm system are made responsible for the alarm system that they register. • 9.65.070 – Alarm System Registration Required. This new section requires each active alarm system within the City to be registered on an annual basis with the Department of Public Safety, with applicable registration and renewal fees to be adopted by resolution. New alarm system installations and reactivation of previously inactive alarm systems requires registration within 30 days of activation. Failure to timely register subjects the responsible party to a late fee. • 9.65.080 – Fine and Fee Schedule. Existing provisions regarding fine amounts are replaced with a provision that allows the Council to adopt fines and late fees by resolution. This would allow the Council to modify fines in the future without adopting a new ordinance. In accordance with prior direction, staff intends to present to the City Council a resolution that incorporates the following fine and fee schedule, to be adopted in conjunction with the second reading of the proposed ordinance: False Alarm Response Fine Total Due Second false alarm in one-year period: $50.00 $50.00 Late Fee- 30 day to 60 days late $10.00 $60.00 Late Fee- 60 days to 90 days late $15.00 $75.00 Late Fee-Over 90 days late $25.00 $100.00 False Alarm Response Fine Total Due Third false alarm in one-year period: $100.00 $100.00 Late Fee- 30 days to 60 days late $10.00 $110.00 Late Fee- 60 days to 90 days late $15.00 $125.00 Late Fee-Over 90 days late $25.00 $150.00 False Alarm Response Fine Total Due Fourth or subsequent false alarm in one-year period, per each response: $150.00 $150.00 Late Fee- 30 days to 60 days late $10.00 $160.00 Late Fee- 60 days to 90 days late $15.00 $175.00 Late Fee- Over 90 days late $25.00 $200.00 ITEM NO. 8 3 Alarm Registration Application Fee Fee Total Due Initial Application Fee $30.00 $30.00 Late Fee-30 days to 60 days late $5.00 $35.00 Late Fee- 60 days to 90 days late $10.00 $45.00 Late Fee-Over 90 days late $15.00 $60.00 Alarm Registration Renewal Fee Fee Total Due Registration Renewal Fee $15.00 $15.00 Late Fee- 30 days to 60 days late $5.00 $20.00 Late Fee- 60 days to 90 days late $10.00 $30.00 Late Fee- Over 90 days late $15.00 $45.00 STRATEGIC PLAN ALIGNMENT: This is consistent with the strategic plan as it: Helps achieve and maintain financial stability by offsetting the costs to respond to false alarms. Helps to ensure the effective delivery of public services by discouraging the deferred maintenance of problematic alarm systems. Helps to continue to develop a vibrant community by reinforcing the need for proper maintenance of alarm systems, or penalizing those which are not. OPTIONS CONSIDERED: 1. Recommended Option: Adopt the proposed ordinance. The ordinance reflects the prior direction of the City Council and includes additional changes to the municipal code intended to ensure effectiveness. 2. Alternative: Council may direct staff to make additional revisions to the proposed ordinance, or may chose not to adopt the ordinance. FISCAL IMPACT/FUNDING SOURCE: There are no direct fiscal impacts or expenditures expected with this action. The costs recovered are contingent upon the performance of the alarm systems and cannot be estimated. It is anticipated that the costs associated with false alarm responses will be approximately balanced with the new penalty structure. Additionally, it is anticipated that most alarm system owners will be more responsive in maintaining their systems in proper working order, requiring a lower number of responses. Department Head Approval Date: 5/20/19 Finance Director Approval Date: N/A City Attorney Approval Date: 5/20/2019 City Manager Approval Date: 5/20/2019 Attachments (list in packet assembly order): Ordinance 1 Ordinance No. 935 ORDINANCE NO. 935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 9.65 – ALARM SYSTEMS AND SECTION 15.28.020 OF THE ROHNERT PARK MUNICIPAL CODE TO REGULATE FALSE ALARMS, REQUIRE REGISTRATION, AND IMPOSE PENALTIES WHEREAS, by Ordinance No. 522, the City of Rohnert Park enacted Chapter 9.65 of the Rohnert Park Municipal Code in 1990, which currently regulates alarm systems and declares that alarm systems which transmit false alarms to the Department of Public Safety constitute and public nuisance; and, WHEREAS, by Ordinance No. 902, the City of Rohnert Park adopted the 2016 California Fire Code, California Code of Regulations, Title 24, Part 9, with local amendments set forth in Rohnert Park Municipal Code section 15.28.020 that also regulate false alarms within the City in a manner similar to Chapter 9.65; and WHEREAS, in order to provide a quick and efficient response to all emergency calls for aid, it is necessary to ensure that public resources are not diverted to response of false alarms; and WHEREAS, imposing appropriate penalties, reflecting the City’s cost of responding to false alarms, on those individuals responsible for the alarm systems causing the false alarms would encourage those individuals to maintain such systems in good repair and discourage the waste of public resources; 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 9.65.010, 9.65.040, 9.65.050, 9.65.060, 9.65.070, and 9.65.080 of the Rohnert Park Municipal Code, Chapter 9.65 – Alarm Systems, are amended to read in their entirety as follows: Section 9.65.010 – Declaration of policy. It is the policy of the city to provide a quick and efficient response to all emergency calls for aid requiring police or fire services. Property owners and residents within the city may utilize an alarm system that transmits a request for aid directly to the department of public safety, for cases of burglary, robbery, fire or other emergency. In some cases the alarms are false alarms and public resources are diverted to the source of the alarm only to find that they have responded to a false alarm. Because the response by the city results in a considerable expenditure of city employee time and is an expense to the city both in manpower and materials, and is a public nuisance, the city council has determined that those causing false alarms shall be subject to fine if the number of responses exceed a certain amount annually. To minimize the occurrence of false alarms, all alarm systems within the city shall be subject to registration with the department of public safety. 2 Ordinance No. 935 9.65.040 – Penalty for false alarms. Any response by city personnel to a false alarm shall subject the persons responsible for the alarm system at such location to a fine in accordance with the fine schedule adopted pursuant to section 9.65.080. However, a fine shall not be imposed for the response to such false alarm if there has been no other false alarm caused by the alarm system at that location in the previous 365 days. Fines imposed shall be subject to collection in the manner set forth in chapter 1.27 of this code, and shall be in addition to any other remedy available to the city under the code or any other applicable law. 9.65.050 – Grace Period. For new alarm system installations or reactivations of alarm systems that have been inactive, there will be a thirty day grace period from the date of activation during which period responses to false alarms will not be subject to fine under this chapter. 9.65.060 – Responsibility for Alarm Systems. Any person who has registered an alarm system for a particular property, or contracts with an alarm company for service at that property, or is the lessee or occupant of a property and installs or maintains the alarm system at such property, shall be held responsible for the alarm system on such property and shall be subject to enforcement under this chapter. 9.65.070 – Alarm System Registration Required. Each active alarm system in the city shall be registered with the department of public safety on an annual basis, not later than January 31 of each calendar year. Additionally, all new alarm system installations and all alarm systems that are reactivated after any period of inactivity shall be registered with the department of public safety within 30 days of activation. Registration shall require submission of an application and payment of an initial application or renewal fee in an amount established by resolution of the City Council. Failure to timely register an alarm system shall subject each responsible person to a late fee [SAR1]in accordance with the fine and fee schedule adopted pursuant to section 9.65.080. 9.65.080 – Fine and Fee Schedule. Fines for violation of this chapter shall be set forth in a fine and fee schedule adopted by resolution of the City Council. The fine and fee schedule shall set forth a fine amount for each false alarm to which city personnel and equipment respond. Failure to pay any fine or fee required pursuant to this chapter within 30 days shall subject the responsible person to late fees, and the amount of which shall be established in the fine and fee schedule adopted by resolution of the City Council. Section 3. Amended. Section 15.28.020 of the Rohnert Park Municipal Code, is hereby amended to delete the following provisions from the Fire Code, 2016 California Building Standards Code, Title 24, Part 9, as adopted by section 15.28.020: (1) Section 202 - Amended – False Alarm; (2) Section 901.6.1.1 - Added - False fire alarm; (3) Section 901.6.1.2 - Added - New alarm installations; (4) Section 901.6.1.3 - Added - Commercial alarm responsibility; (5) Section 901.6.1.4 - Added - Residential alarm responsibility. 3 Ordinance No. 935 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, 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 May 28, 2019 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 Date;5lr 8lt7 Agenda Item #:1 a \,L.JName: ? roptcz 0L&+I Brief Summary of Comments: c Ut t&+-t (L See Reverse --> CITY COUNCIL SPEAKER CARD CITY COUNCIL SPEAKER CARD (,.'r,.f Itcm #: tl Date: Name: -9 CITY COUNCIL SPEAKER CARD v" F Agenda ltem N,4 Brief Summary of a See Reverse + q A+d ft:*.0fr\* ot*/ CITY COUNCIL SPEAKER CARD Council Protocol III.C.4. Conduct ofSpeakers: No person shall use loud, - profane, threatening, or personally abusive language. or engage in any other disorderly conduct so as to disrupt, disturb or otherwise impede the orderly conduct of any Council' meeting. Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Mayor has notified the person to conduct hirnself/herself in a manner consistent with this rule, and warned the person that he/she will be removed if he/she , continues to disrupt the Council meeting. If after . notification and warning the person persists in I disrupting the meeting, the tvtayor shali order the ' person to leave the Council meeting. If the person -' does not remove himselflhersell the Mayor may .., request any law enforcement officer who is on ,duty at the meeting to remove that person from - -the Council Charnber. (NOTE: Submission of a speaker card is voluntary. lnformation on card will be used only for verification of spelling accuracy or for follorv-up contact purposes.) R ITEM NO. 9 1 Meeting Date: May 28, 2019 DRAFT Department: Public Safety, Fire Division Submitted By: Jim Thompson, Fire Marshal Prepared By: Jim Thompson, Fire Marshal Agenda Title: Public Hearing: Conduct a Weed Abatement Protest Hearing to Consider Abatement of Weeds Constituting a Nuisance RECOMMENDED ACTION: Council to Conduct a Public Hearing to Hear Protests to Resolution 2019-059 Declaring Weeds to be a Nuisance and Providing for Weed Abatement Pursuant to Government Code Sections 39560 through 39588; Article 2 - Alternative Procedures for Weed and Rubbish Abatement. BACKGROUND: Each year the City Council adopts resolutions declaring weeds to be a nuisance and directing property owners to abate the weeds or be subject to city-initiated abatement through the use of a contractor. ANALYSIS: A citywide inspection for lots and properties for compliance of the Weed Abatement Standards has been implemented. Listed property owners have been contacted by letter, phone or e-mail to remind them about the annual process of cutting hazardous vegetation. Late spring rains could create the need for property owners to cut twice and final compliance could be delayed. This program has been successful for years and has been able to achieve 100 percent compliance. We intend to continue that successful record. As per the state Government Code and our Rohnert Park Municipal Code, written notices to abate were mailed to non-compliant property owners on May 20, 2019. Also, a notice was published May 17 and May 24, 2019 in the Community Voice regarding the Weed Abatement Protest Hearing scheduled for May 28, 2019. Inspections for compliance of the properties noted in violation began May 24, 2019, with abatements intended to begin June 24, 2019. STRATEGIC PLAN ALIGNMENT: Implementing this action will continue to develop a vibrant community. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 9 2 OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends holding the public hearing and adopt a resolution ordering the City Manager to abate nuisances existing within the City of Rohnert Park. Historically, this mitigating practice has been utilized each year with good results and no opposition. 2. Alternative: Staff also considered the option of not abating unmanaged weed growth on properties within the city. This results in a blighted appearance and has been a contributing factor in significant vegetation fires during the summer and fall months. FISCAL IMPACT/FUNDING SOURCE: No significant fiscal impacts are related to this. If abatement is needed the property owner shall bear those costs. ==================================================================== Department Head Approval Date: 5/2019 By: Tim Mattos City Manager Approval Date: 5/20/19 By: Darrin Jenkins City Attorney Approval Date: 5/20/19 Attachments (list in packet assembly order): 1) Resolution for adoption 2) Exhibit A to the Resolution: Properties list - Potential Mitigation Sites 3) Sample Written Notice to property owner(s) 4) Published Public Hearing Notice 5) Vegetation Management Information Bulletin OAK #4850-7693-7367 v1 RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDERING THE CITY MANAGER TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK WHEREAS, it is the determination of the City Council that certain weeds are growing upon the streets and sidewalks and upon and in front of private property within the City of Rohnert Park which, if not abated, constitute a fire and health menace and are otherwise noxious and dangerous, and that such weeds constitute a public nuisance; WHEREAS, such weeds are more particularly defined and described in Section 8.08.010 of the Rohnert Park Municipal Code; WHEREAS, on the May 14th, 2019, the City Council of the City of Rohnert Park adopted Resolution 2019-059 declaring such weeds to be a public nuisance; WHEREAS, the City Manager gave notice to the owners of such properties in accordance with Section 8.08.040 of the Rohnert Park Municipal Code and the City Clerk mailed the written Notice to Destroy Weeds and Remove Rubbish Refuse, and Dirt to the owners of such properties in accordance with Sections 39564 through and including 39567.1 of the Government Code; WHEREAS, all affected property owners were notified of this action, including by means of written notices, phone messages, phone calls and/or emails, per Assessor Parcel Numbers listed on Exhibit A and notified that unless they bring their property into compliance before the hearing, the City is authorized to enter onto their property and abate the weeds and assess the costs of such abatement upon the lots and lands from which such nuisance was abated on or after May 28, 2019, and; WHEREAS, the required duly noticed and published public hearing was held before the City Council on May 28th, 2019, in order for said property owners to state their objections and protests to the destruction of such weeds. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert Park, having heard and considered all objections and protests to the removal of such weeds at the noticed time and place, overrules all objections and protests, if any. BE IT FURTHER RESOLVED that the Council of the City of Rohnert Park orders the City Manager, or his designees, to abate nuisances existing within the City of Rohnert Park effective May 28th, 2019, on the properties described in Exhibit “A” to this resolution. DULY AND REGULARLY ADOPTED this 28th Day of May, 2019. Resolution 2019-xxx OAK #4850-7693-7367 v1 CITY OF ROHNERT PARK ______________________________ Gina Belforte, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk City Clerk Exhibit A: Properties List —Potential Mitigation Sites Exhibit A to the Resolution: Weed Abatement 2019 Properties List - Potential Mitigation Sites #Street Name Street #APN Comment 1 Adrian Dr. 7305 143-150-024 Black Company The, C/o Charles Black, 17759 Calle De Palermo, Pacific Palisades, CA 90272 2 Adrian Dr. 7309 143-150-023 Black Company The, C/o Charles Black, 17759 Calle De Palermo, Pacific Palisades, CA 90272 3 Business Park Dr 220 045-075-014 AMS I Sonoma Investments, 6005 Hidden Valley Rd. # 290, Carlsbad, CA 92011 4 Business Park Dr 0 143-040-135 Redwood Crossings RP LLC, 855 Lakeville Suite #200, Petaluma, CA 94952 5 Business Park Dr 0 143-040-134 Ken Blackman kblackman@callatg.com Field is seeded every year. West Field. C B Properties Inc 2375 Hardies Ln, Santa Rosa, CA 95403 6 Business Park Dr 0 045-075-015 Mackovski Phillip ET AL, 1594 Villa Rica Dr., Henderson, NV 89052 7 Carlson Ave.0 143-040-136 City of Rohnert Park, 130 Avram Ave., Rohnert Park, CA 94928 8 Carlson Court 655 143-930-053 Leo PennacchioTr, 1408 OWL POINT, SANTA ROSA CA 95409 655 Carlson Ct 9 Cascade Court 160 143-021-006 Headley Properties LLC. 384 TESCONI CT, SANTA ROSA CA 95401 St. Pet. CA 94954 Burt Bangsurg 481-1580 10 City Center Drive 415 143-051-066 Blue Apple Dental, LLC, 1535 Maria Pl., Rohnert Park, CA 94928 11 Commerce Blvd 5900 143-021-064 OPS Properties LLC, C/o Ken Elie 7 Forest Trail Petaluma CA 94952 481-5747 cell 12 Commerce Blvd 6001 143-021-036 Property Owner: C & R Holdings LTD, 3182 Campus Dr # 328, San Mateo, CA 94403- 3123 Mailing address: Expressway Self Storage, 6001 Commerce Blvd., Rohnert Park, CA 94928 13 Dowdell Ave.4649 045-075-009 Cactus Mesquite Properties LLC, 317 Commercial St NE STE A, PMB 277, Albuquerque, NM 87102 14 Dowdell Ave.0 045-074-016 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 15 Dowdell Ave.0 045-074-018 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 16 Dowdell Ave.0 143-040-139 Stadium RP Development Partners, C/O Matthew Waken, 1278 Glenneyre St # 439, Laguna Beach, CA 92651 17 Dowdell Ave.4443 045-054-007 Salvador Sanchez, 4443 Dowdell Ave., Santa Rosa, CA 95407-8308 18 Dowdell Ave.4455 045-054-008 Fern Lingron, 4455 Dowdell Ave., Santa Rosa, CA 95407-8308 19 Dowdell Ave.4475 045-054-030 Redwood Equitties Investments, 520 Mendocino Ave. Ste 250, Santa Rosa, CA 95401- 5284 20 Dowdell Ave.4483 045-054-029 Jose Delatorre, 4483 Dowdell Ave., Santa Rosa, CA 95407 21 Dowdell Ave.4521 045-054-014 Shirley Thibodeau, 1516 Sylvan Way Ste 207, Lodi CA 95242 22 Dowdell Ave.4647 045-074-014 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 23 Golf Course Dr. W 104 045-074-007 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 24 Golf Course Dr. W 107 045-054-018 Samer Daoud Ishaq, 1000 Via Palo Linda, Fairfield, CA 94534 25 Golf Course Dr. W 109 045-054-021 Raymond Loosli, 4860 Regents Park Ln., Fremont CA 94538-3950 Updated 5.16.19 Exhibit A to the Resolution: Weed Abatement 2019 Properties List - Potential Mitigation Sites #Street Name Street #APN Comment 26 Golf Course Dr. W 148 045-074-006 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 94928 27 Golf Course Dr. W 150 045-074-012 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 94928 28 Golf Course Dr. W 151 045-054-041 Yoseph Halaweh, 583 Millbrae Ave., Santa Rosa, CA 95407 29 Golf Course Dr. W 152 045-074-011 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 94928 30 Golf Course Dr. W 157 045-054-024 Sonoma Mine Fraternal & Civic Club, C/o Leslie James Wright, 4030 Chico Ave., Santa Rosa, CA 95407-6504 31 Golf Course Dr. W 170 045-074-004 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 94928 32 Golf Course Dr. W 186 045-074-019 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 94928 33 Golf Course Dr. W 223 045-053-014 Arshi Behnam, PO Box 2329, Rohnert Park, CA 94927 34 Golf Course Dr. W 295 045-053-009 Girmay Temesgen, 2234 W Mila Way, Queen Creek, AZ 85142-6693 35 Golf Course Drive W.80 045-075-016 Timophy Tesconi Et Al, C/o Tawny Tesconi, 3912 Walker Ave., Santa Rosa, CA 95407 36 Heartwood Dr.1241 160-460-044 NO CA Conf Assn of Seventh Day Adven, C/o NCC Property Management, PO Box 23165, Pleasant Hill, CA 94523 37 Keiser Ave 1220 045-253-009 thru -012 Milton Gee, C/o Leland Gee 917 Wright St., Santa Rosa, CA 95404 Leland Gee (707)- 481-1553 38 Kerry Road 6000 159-550-007 Pacific West Communities, Inc., C/o Pacific Housing, Inc. 2115 J St. Ste 201, Sacramento CA 95816 39 Keiser Ave 0 159-550-008 Vast Oak Properties. PO BOX 2240, Healdsburg, CA 95448 40 Labath Ave 5870 143-040-124 City owned: Will be mowed by Public Works - Old R P Statium Area 41 Labath Ave.0 143-040-138 Pacific Hospitality Sonoma LLC, 17 Corporate Plaza Dr Ste 200, Newport Beach, CA 92660 42 Labath Ave.0 143-040-140 City of Rohnert Park, 130 Avram Ave., Rohnert Park, CA 94928 43 Labath Ave.4560 045-054-028 Oliver Hussey, 4560 Labat Ave., Santa Rosa, CA 95407 44 Labath Ave.4567 045-053-012 Heidi Maldonado, 4567 Labath Ave., Santa Rosa, CA 95407-8368 45 Labath Ave.4570 045-054-027 Steve Prueitt, PO Box 44, Fulton, CA 95439 46 Labath Ave.4573 045-053-013 Heidi Maldonado, 4567 Labath Ave., Santa Rosa, CA 95407-8368 47 Labath Ave.4580 045-054-025 Maxine Hall, 7240 Fircrest Ave., Sebastopol, CA 95472-4432 48 Labath Ave.4590 045-054-026 Maxine Hall, 7240 Fircrest Ave., Sebastopol, CA 95472-4432 49 Labath Ave.5870 143-040-137 Rohnert Park 668 L P, C/o USA Properties Fund Inc., 3200 Doublas Blvd. Ste 200, Roseville, CA 95661 Updated 5.16.19 Exhibit A to the Resolution: Weed Abatement 2019 Properties List - Potential Mitigation Sites #Street Name Street #APN Comment 50 Laguna De Santa Rosa Flood Control Channel Santa Rosa Water Agency - John Niehouse 521-1845 Many creeks in R.P. not SCWA responsibility-research this 51 Langner Ave.4528 045-053-007 Eric Jones 4528 Langner Ave., Santa Rosa, CA 95407 52 Martin Ave 405 143-040-120 Rohnert Park Lodging LLC, 13486 Melody Rd. Chino Hills CA 91709 53 Martin Ave 611 143-930-061 WINE BOX LLC, PO BOX 908, GONZALEZ CA 93926 A.M.L. Management, P.O. Box 2664, Granite Bay, CA 95746. 54 Medical Center Drive 1371 159-460-004 PHILON PROPERTIES, C/O Farella Braun & Martel LLP, 235 Montgomery St. 17th Fl., San Francisco CA 94104 55 Medical Center Drive 1401 159-460-005 Santa Rosa Health System 1165 Montgomery Dr. SR 546-3210 56 Medical Center Drive 1451 159-460-020 SANTA ROSA HEALTH SYSTEM, C/O MEM HOSP/ADMINISTR-CONTROLLER, 1165 MONTGOMERY DR, SANTA ROSA CA 95405-4801 57 Millbrae Ave.108 045-054-003 108 West Millbrae LLC, 24 Oakdale Ave., San Rafael, CA 94901 58 Millbrae Ave.140 045-054-042 Priscilla Jones, 140 Millbrae Ave., Santa Rosa, CA 95407-8319 59 Millbrae Ave.142 045-054-040 James Sloan, 146 Millbrae Ave., Santa Rosa CA 95407-8319 60 Millbrae Ave.146 045-054-038 James Sloan, 146 Millbrae Ave., Santa Rosa CA 95407-8319 61 Millbrae Ave.148 045-054-037 Michael Roberts, 148 Millbrae Ave., Santa Rosa CA 95407-8319 63 None 0 159-550-010 University District LLC, C/o Brookfield Bay Area Holdings, 500 La Gonda Way, Ste 100, Danville, CA 94526 64 None 0 045-041-018 City of Rohnert Park, Attn: Betsy Howze, 130 Avram Ave., RP, CA 94928/ City Owned. Will be mowed by PW 65 None 0 045-074-020 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 66 None 0 045-074-021 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 67 None 0 045-074-022 Federated Indians of Graton Rancheria, C/o Tribal Chairman, 6400 Redwood Dr. # 300, Rohnert Park, CA 68 Padre Parkway 6 143-051-071 Lewis Epstein 614 Vermonts St. San Fran CA 94107 (415)826-3488H 69 Park Court n/o 655 143-040-068 USA Trust C/O Bureau of Indian Affairs. 2800 Cottage Way Sacramento, CA 95825 70 Petaluma Hill Rd 6626 047-132-038 City owned. Will be mowed by Public Works. 71 Petaluma Hill Rd 0 159-550-009 University District LLC, C/o Brookfield Bay Area Holdings, 500 La Gonda Way, Ste 100, Danville, CA 94526 72 Professional Center Ct 310 143-490-022 George Kokalis 36 Lisbon Street San Rafael, CA 94901 (415) 383-2491wk (415) 260- 4651 cell 73 R. P. Expressway 380 143-391-087 Phan LLC, 380 Rohnert Park Exwy, RP CA 94928 Updated 5.16.19 Exhibit A to the Resolution: Weed Abatement 2019 Properties List - Potential Mitigation Sites #Street Name Street #APN Comment 74 R. P. Expressway 0 143-391-089 Phan LLC, 380 Rohnert Park Exwy, RP CA 94928 75 R. P. Expressway 0 143-391-094 Vacant City Land, Rohnert PK CY Community Devel, 6750 Commerce Blvd. RP 78 R. P. Expressway 0 159-550-004 University District LLC, C/o Brookfield Bay Area Holdings, 500 La Gonda Way, Ste 100, Danville, CA 94526 79 R. R. Tracks thru Town RRX R R Tracks SMART -(415) 226-0880 John 521-0717 80 Redwood Drive 6258 143-391-091 RP EXPRESS LLC, C/O JOHN WARD PAGE JR, 1973 GARDENVIEW CIR, SANTA ROSA CA 95403 81 Redwood Drive 6603 143-391-080 George Kokalis 36 Lisbon Street San Rafael, CA 94901 (415) 383-2491wk (415) 260- 4651 cell 82 Snyder Ln 4689 160-460-045 Snyder Lane Baptist Church, PO Box 1409, Rohnert Park, CA 94927 83 Snyder Ln 4695 160-460-043 Rohnert Park Community Assembly of God, C/o Senior Pastor, 4695 Snyder Ln., Rohnert Park, CA 94928 84 Snyder Ln.5040 045-253-007 The Creath Family, 202 Scott St., Mill Valley, CA 94941. 85 Snyder Ln.5100 045-253-018 Cotati Rohnert Park Unified School Dist., 325 E Cotati Ave., Cotati, CA 94931-4476 86 Southwest Blvd 0 143-150-056 S'west Blvd @ Commerce TARIQ MOHAMMAD, 7763 BERNICE CT, ROHNERT PARK CA 94928 87 State Farm Drive 5980 143-021-080 BUCHANAN BARBI D TR ET AL, C/O LEWELLA F BUCHANAN, PO BOX 1040, ROHNERT PARK CA 94927-1040 88 Valley House 1200-1300046-051-045 Sonoma Mountain Village LLC, PO BOX 7087, COTATI CA 94931 795-3990 89 Willis Ave 4655 045-075-008 Cactus Mesquite Properties LLC, 317 Commercial St NE STE A, PMB 277, Albuquerque, NM 87102 90 Willis Ave 4657 045-075-020 Sebastopol CO-OP LLC, PO Box 11218, Santa Rosa, CA 95406 Brett Martin 578-8726 or 321-3707 Ben Martin 494-3849 91 Willis Ave.4663 045-075-021 Sebastopol CO-OP LLC, PO Box 11218, Santa Rosa, CA 95405 92 047-111-060 PENN GROVE MOUNTAIN LLC, PO BOX 2357, Healdsburg, CA 95448 Updated 5.16.19 130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org City Council Gina Belforte Mayor Joseph T. Callinan Vice Mayor Susan Hollingsworth Adams Jake Mackenzie Pam Stafford Councilmembers ________________ Darrin Jenkins City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Karen Murphy Assistant City Attorney JoAnne Buergler City Clerk Betsy Howze Finance Director Tim Mattos Public Safety Director John McArthur Director of Public Works and Community Services Mary Grace Pawson Director of Development Services Victoria Perrault Human Resources Director May 20, 2019 Property Owner PO BOX 1234 Rohnert Park, CA 94928 RE: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT - address, Rohnert Park, CA 94928 - APN # _________ Dear Property Owner/Manager: Notice is hereby given that on the 14th day of May, 2019, the City Council of the City of Rohnert Park passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in Rohnert Park, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk. To obtain a copy, please contact the clerk’s office at 707-588-2227. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Rohnert Park to be held on the 28th day of May, 2019, at the hour of 5:00 pm or as soon thereafter as the matter is reached on the agenda, at City Hall – Council Chambers located at 130 Avram Avenue, Rohnert Park, California 94928, when their objections will be heard and given due consideration. Sincerely, JoAnne Buergler City Clerk City of Rohnert Park 707-588-2227 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Parkwill be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall – Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, May 28, 2019, at the hour of 5:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To hear property owner protests regarding the proposed destruction or removal of weeds declared to constitute a public nuisance.NOTICE TO DESTROY WEEDSNOTICE IS HEREBY GIVEN that on May 14, 2019, pursuant to the provisionsof Ordinance No. 27 of the City of Rohnert Park, the City Council passed Res-olution No. 2019-059 declaring that there exists on numerous lots and parcelsof real property within the City of Rohnert Park weeds, dry grass, stubble,brush, litter and other flammable material which endangers the public safetyby creating a fire hazard and which the City Council of the City of RohnertPark found and declared to constitute a public nuisance which should be re-moved and cleared from each and all of said premises.NOTICE IS FURTHER GIVEN that property owners shall without delay re-move all such weeds from their property and the abutting half of the street infront and alleys, if any, behind such property, and between the lot lines thereofas extended, or such weeds will be destroyed or removed and such nuisanceabated by the City authorities, or their designated agents or contractors, inwhich case the cost of such destruction or removal will be assessed uponthe lots and lands from which, or from the front or rear of which, such weedsshall have been destroyed or removed; and such cost will constitute a chargeupon such lots or lands until paid, and a penalty of ten percent (10%) for non-payment within the time and in the manner prescribed, plus a penalty of one-half of one percent (.5%) per month for nonpayment of the charge and basicpenalty, will attach thereto.All property owners having any objections to the proposed destruction orremoval of such weeds are hereby notified to attend a meeting of the CityCouncil to be held on May 28, 2019, at 5:00 p.m. or as soon thereafter as thematter is reached, when and where their objections will be heard and givendue consideration.Dated: May 15, 2019 JoAnne M. BuerglerPublished: May 17 & 24, 2019 City ClerkThe Community Voice City of Rohnert Park 1 Department of Public Safety – Fire Services Division 500 City Center Drive Rohnert Park, CA 94928 Phone: (707) 584-2641 www.rpcity.org Fire Department Information Bulletin SUBJECT: VEGETATION MANAGEMENT Bulletin Number: 060-2018 Date of Issue: March 1, 2018 Date of Revision: March 29, 2019 Code Reference: 2016 California Fire Code 2016 California Building Code City of Rohnert Park Municipal Code, Ordinance 902 PRC 4290 NOTE: This bulletin is a summary of Fire Department interpretations of City, State, and Federal requirements. Information contained herein applies to typical instances and may not address all circumstances. SCOPE: This bulletin is applicable to any property within the City limits, whether inhabited or not. Final approval is subject to field inspection. Historically, wildfires have been devastating to properties at the edges of developed cities or with unmanaged vegetation. As a result, the Fire Prevention division declares weeds and unmanaged vegetation a public nuisance each year. Annual inspections of undeveloped parcels are performed in the spring of each year, and the property owners are notified when the vegetation is excessive or poses a threat of the support or spread of fire. Due to the long season from spring to fall, a second cutting is sometimes required, often in September. It is expected that the property owner will respond by mowing weeds or trimming vegetation as prescribed. The first remediation must be complete by June 14. If that does not happen, the City Manager has empowered the Fire Prevention Division to have the property abated at the owner’s expense. GENERAL REQUIREMENTS: • Grasses are expected to be mowed to a maximum height of 3”. • Trees are to be limbed up a minimum of 10’. • 30’ of defensible space is required around a structure. • Large or vacant parcels may require a consultation. Per PRC 4290, CFC Chapter 49 You may contact the Fire Prevention Division at (707)584-2641. ITEM NO. 10 1 Meeting Date: May 28, 2019 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: JoAnne Buergler, City Clerk Agenda Title: Consideration of Supporting “Letters of Interest” for Appointments to Vacancies by the Sonoma County Mayors’ & Councilmembers’ Association on June 13, 2019 RECOMMENDED ACTION: Consider supporting the requests of those submitting letters of interest for various Mayors’ and Councilmembers’ Association Board appointments. BACKGROUND: The Sonoma County Mayors’ and Councilmembers’ Association Board of Directors (Association) and the City Selection Committee (Committee) is a collaboration of all Sonoma County cities with a goal of creating a united front to represent the strongest voice possible in support of city interests. On June 13, 2019, the Association will make appointments to existing vacant committee positions. The deadline to submit letters was May 17, 2019. ANALYSIS: ABAG Executive Board One position is available on the ABAG Executive Board. No letters were received by the deadline, which leaves a position open. ABAG Executive Board, Alternate One position is available as the ABAG Executive Board, Alternate. No letters were received by the deadline, which leaves a position open. Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee One position is available on the Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee. One letter was received by the deadline. ABAG Regional Planning Committee One position is available on the ABAG Regional Planning Committee to fill the vacated term of Julie Combs (Santa Rosa) expiring February 2021. One letter was received by the deadline. At its next meeting on June 13, 2019, the Association will consider letters of interest submitted to fill the various vacancies which are attached for consideration of support by Council (Attachment 1). Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 10 2 STRATEGIC PLAN ALIGNMENT: This item aligns with the City’s Strategic Plan Goal A & C by facilitating participative leadership at all levels while also ensuring the effective delivery of public services. OPTIONS CONSIDERED: Recommended Option: Staff recommends following the course of action outlined in this report. No other options were considered as these actions are initiated by previously established Association protocols. FISCAL IMPACT/FUNDING SOURCE: N/A Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 5/22/19 Attachments (listed in packet assembly order): 1. Letters of Interest Summary including Letters of Interest LETTERS OF INTEREST SUMMARY Appointments are scheduled to be made 6/13/2019 Mayors’ and Councilmembers’ Association Board Appointments ABAG Executive Board, one position, to fill expired term of Jake Mackenzie (Rohnert Park); term expires June 2019. Two year fixed term. Letter(s) Received: None as of 5/20/19 ABAG Executive Board, (Alternate), one position, to fill expired term of Julie Combs (Santa Rosa); term expires June 2019. Two year fixed term. Letter(s) Received: None as of 5/20/19 Sonoma County Agricultural Preservation & Open Space District Citizens Advisory Committee, one position, to fill the expired term of John Dell’Osso (Cotati). Term expires two years from appointment. Letter(s) Received: Mayor John Dell’Osso (Cotati) ABAG Regional Planning Committee, one position, to fill the vacated term of Julie Combs (Santa Rosa) expiring February 2021. Letter(s) Received: Councilmember Susan Adams (Rohnert Park) CITYOF April 30, 2019 Chair Mayors and Councilmembers Association City of Sonoma No. 1 The Plaza Sonoma CA 95476 ATTN: Rebekah Barr, MMC, City Clerk Re: Request for Reappointment to the Citizens Advisory Committee of the Sonoma County Agricultural Preservation & Open Space District Dear Mayors and Councilmembers Board of Directors, I am writing you to ask for your support for reappointment on the Sonoma County Agricultural Preservation & Open Space District (District) Citizens Advisory Committee. I would be honored to have the opportunity to continue representing our cities. I feel that my background of working for the National Park Service (NPS) at Point Reyes National Seashore for over 35 years gives me an excellent understanding of open space issues in the Bay Area and nationally. Additionally, for over 50 years at the Seashore, we have preserved and maintained the historic dairy and beef ranches at Point Reyes while continuing to be a natural sanctuary and human haven. for myriad of species and over 2.5 million annual visitors. At the District, I was first appointed in 2012, reappointed in 2015 and have been serving as the Chair since 2017. I would be honored to continue serving the District. With that role, I have been updating the Mayors' & Councilmembers' Association at our bi monthly meetings of any updates from the Committee and will continue to do so. If you look at the mission statement for the District and the NPS, there are some very strong similarities; mainly to preserve and protect for future generations. I have been committed to this concept in my professional, personal, and public life. I respectfully ask for your vote to reappoint me to this committee. Please feel free to contact me if you have any questions at 707-664-0598 or at john.dellosso@sbcglobal.net. 201 West Sierra Avenue, Co tati, CA 94931-4217 • TELEPHONE 707•792•46 00 • FAX 795•7067 130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org City Council Gina Belforte Mayor Joseph T. Callinan Vice Mayor Susan Hollingsworth Adams Jake Mackenzie Pam Stafford Councilmembers ________________ Darrin Jenkins City Manager Don Schwartz Assistant City Manager Michelle Marchetta Kenyon City Attorney Karen Murphy Assistant City Attorney JoAnne Buergler City Clerk Betsy Howze Finance Director Tim Mattos Public Safety Director John McArthur Director of Public Works and Community Services Mary Grace Pawson Director of Development Services Victoria Perrault Human Resources Director May 17, 2019 Chair Sonoma County Mayors’ and Councilmembers Association City of Sonoma No. 1 The Plaza Sonoma CA 95476 ATTN: Rebekah Barr, MMC, City Clerk Re: Request for Appointment to the ABAG Regional Planning Committee Honorable Mayors and Councilmembers, I am submitting this letter to you to advance my candidacy for selection to the ABAG Regional Planning Committee. As your representative, I would work to fill ABAG’s mission to “strengthen cooperation and collaboration among local governments to provide innovative and cost-effective solutions to common problems that they face.” Prior to my election to the Rohnert Park City Council, I served as a member of the Rohnert Park Planning Commission for 14 years, including 4 years as Chair and 5 years as Vice-Chair. I played a significant role in numerous projects of interest to the community. As your representative to ABAG, I would bring this expertise and knowledge of land use development including the review and processing of numerous land use actions for a total of 2,981 new housing units to our County. I have also been an active participant in the development and implementation of countless land use and municipal code policies that have and will shape our community now and in the future. I respectfully ask for your support of my request for appointment. Please feel free to call or email me should you have any questions at (707) 291-8450, or sadams@rpcity.org. I appreciate your support. Yours Sincerely, Susan Hollingsworth Adams Councilmember Rohnert Park Chamber Mission: To create an environment in Rohnert Park in which businesses can thrive economically, socially and culturally and to improve the quality of life in the community. Agenda for Rohnert Park Chamber Board of Directors Meeting Date: Tuesday, May 21, 2019 Time: 12pm Location: CMG Financial Conference Room Agenda: Call Meeting to Order Roll Call Changes to Agenda Approve minutes of April Meeting Executive Committee Meeting Report - Regina April Financial Update - Mary Director's Report - Lisa Noon Times - Pam Women in Business - Regina Ambassadors - Roger & Lori Business Showcase - Mary and Rita Next meeting: Tuesday, June 18 at 9am-1pm Annual Planning Meeting - location TBD Other Business Upcoming Events Mixer Azalo, Irene's Fitting Room, La Hoya & RP Tire Pros - Wed, May 22, 5:30-7pm at 5979 Commerce Blvd Ribbon Cutting Sai's Sprouts Preschool w/Cotati & Hispanic Chambers- Tue, May 28, 6-8pm at 768 E. Cotati Ave Ribbon Cutting Rotary Peace Park - Wed, May 29, 5:30-7pm at 7421 Burton Ave Harassment Prevention Training - Thur, May 30, 9-11am at Chamber Office/Grapevine Properties Conf Room Mixer Toppings Frozen Yogurt & Taqueria Sol Azteca - Wed, June 5, 5:30-7pm at 969 Golf Course Dr Women in Business Luncheon - Tue, June 11, 11:45am-1:15pm at Sally Tomatoes at SOMO Village Noon Times - Wed, June 12, 11:45am-1:30pm at Foxtail Golf Club Adjourn Item 11.B.1 Mayors and Council Members’ Association of Sonoma County Legislative Committee Friday, May 17, 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 and Action on Bills 4.Local Issues of Concern? 5.Other items? 6. Adjournment to June 21, 2019 2019 proposed meeting dates: June 21 July 19 Aug 16 Sept 20 Oct 18 Nov 15 Item 11C1 RUSSIAN RIVER WATERSHED ASSOCIATION MEETING OF THE BOARD OF DIRECTORS May 23, 2019 3:30 PM – 5:00 PM Sonoma Water 404 Aviation Boulevard, Santa Rosa, CA 95403 The Russian River Watershed Association complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please contact Andy Rodgers, Executive Director, at 707-508-3670 with any questions. AGENDA A. Call to Order and Introductions B. Approval of the Agenda C. Approval of Standing Items a. Minutes: February 28, 2019 Board of Directors Meeting D. Guest Presentation: Chris Brokate with Clean River Alliance E.Board of Directors Business a. Consider draft plan for 2019/20 trash bin support b. RRWA/RWQCB quarterly lunch meeting–May 2 i. Regional permit fee ii. Russian River Pathogen TMDL–August hearing iii. Next meeting in August TBA c.Safe Medicine Disposal update i. National Take Back Day–April 27 ii.Sharps and needle disposal d. BOD 2019 meeting schedule i.July 25 ii.September 26 iii.December 5 e. Social Media outreach performance update f.Environmental Column F. Guest Presentation: Elise Howard, Santa Rosa Water, Streets to Creeks Regional Outreach Campaign a. Consider RRWA rollover funding options for Street to Creeks campaign G. 2018/2019 Work Plan Wrap Up H.Regional Updates a. Russian River Confluence b.R3MP i. Grant Letter of Support c. DWR Russian River Pilot for California Water Plan Update 2018 d. Public Policy Facilitating Committee meeting–April 22 e. Upper Russian River Water Managers Meeting-May 22 f.NCRP implementation funding of RRSWRP I. Guest Presentation, Don Seymour, Sonoma Water, Potter Valley Project Update J.Legislative updates a. AB1180–Water: recycled water b. SB 1215– Provision of sewer service: disadvantaged communities Item 11C2 Russian River Watershed Association Board of Directors May 23, 2019 AGENDA: Page 2 of 2 The Russian River Watershed Association complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please contact Andy Rodgers, Executive Director, at 707-508-3670 with any questions. K. Items of Interest a. Potter Valley Project update L. Public Comment M. Adjourn RRWA Calendar Summary: Unless otherwise noted, meetings are held at Windsor Town Council Chambers, 9291 Old Redwood Highway, Windsor, California 95492 Upcoming TWG Meetings 10:30 am – 12:30 pm Upcoming Board of Directors Meetings 9:00 am – 11:00 am June 11, 2019 July 9, 2019 August 13, 2019 September 10, 2019 November 12, 2019 December 10, 2019 July 25, 2019—Guest Speaker TBD September 26, 2019—Guest Speaker TBD December 5, 2019—Guest Speaker TBD Environmental Columns March – Thank you, Sonoma Water (Ann DuBay)—Our Invisible but Critical Water Source April – Thank you, Lisa Steinman, County of Sonoma, Courtney Scott, Sonoma County Waste Management Agency, and Christina Leung, RRWA Staff —Safe Medicine Disposal Program May – City of Cloverdale (Eric Janzen)— Fire Safe Landscaping Does Not Start with Landscaping June – City of Rohnert Park (Nick Bennett)— Is Overwatering Really So Bad? July – Sonoma Water, TBD August – City of Sebastopol, TBD September – City of Cotati, TBD October – City of Ukiah, TBD November – City of Healdsburg, TBD December – City of Santa Rosa, TBD January – County of Mendocino, TBD 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 www.zerowastesonoma.gov Zero Waste Sonoma Meeting of the Board of Directors May 15, 2019 REGULAR MEETING Regular Session begins at 8:30 a.m. Estimated Ending Time 10:00 a.m. City of Santa Rosa Council Chambers 100 Santa Rosa Avenue Santa Rosa, CA Agenda Item 1.Call to Order 2.Agenda Approval 3.Public Comments (items not on the agenda) Consent (w/attachments) 4.1 Minutes of the April 17, 2019 Regular Meeting 4.2 April, May, and June 2019 Outreach Calendar 4.3 Third Quarter Financial Report [Collard] Regular Calendar 5.Resolution Selecting Executive Director [Klassen/Walsh] 6.Boardmember Comments – NO ACTION 7.Executive Director Report – NO REPORT 8.Staff Comments – NO ACTION 9.Next SCWMA meeting: June 19, 2019 Item 11C3 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 www.zerowastesonoma.gov 10. 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.zerowastesonoma.gov Golden Gate Bridge, Highway & Transportation District May 10, 2019 (Agenda) AGENDA OF THE BOARD OF DIRECTORS MEETING FRIDAY, MAY 17, 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: Director Brian Sobel (4) PUBLIC COMMENT: Refer to the Public Comment Note Below (5)CONSENT CALENDAR: (A) Approve the Minutes of the following Meetings: (1) Transportation Committee of January 24, 2019; (2) Finance-Auditing Committee of March 21, 2019; and (3) Board of Directors meeting of March 22, 2019. 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, April 2019 Resolution (6) REPORTS OF OFFICERS: (A)General Manager (B)Attorney (1)Closed Session (a) Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.9(a) Report of Athens Administrators, Inc. (i) Toni McNatt v. Golden Gate Bridge, Highway and Transportation District (C)District Engineer Page 1 of 3Golden Gate District 5/13/2019http://goldengate.org/_print.php?_url=http%3A%2F%2Fgoldengate.org%2Fboard%2F201... Item 11D1 (7) OTHER REPORTS: (8) REPORTS OF COMMITTEES: (A)Meeting of the Transportation Committee/Committee of the Whole May 16, 2019 (1)Authorize the Setting of a Public Hearing to Receive Public Comment on the Proposed Establishment of a New Ferry Route and Fare for Special Event Service from Larkspur to the Chase Center in San Francisco Resolution (B)Meeting of the Building and Operating Committee/Committee of the Whole May 16, 2019 (1)Approve Actions Relative to Award of Sole Source Contract No. 2019-D-009, Software Maintenance for INIT Software, to INIT Innovations In Transportation, Inc. Resolution (2)Approve Actions Relative to Contract No. 2015-D-21, IP Network Circuits Under Calnet3 Resolution (C)Meeting of the Finance-Auditing Committee/Committee of the Whole May 16, 2019 (1)Approve Actions Relative to the Ticket Vending Machine Replacement Project Resolution (2)Authorize Execution of a Fifth Amendment to the Professional Services Agreement with ICMA Retirement Corporation Regarding Request for Proposals No. 2010-D-1, Deferred Compensation Plan Provider Resolution (D)Meeting of the Rules, Policy and Industrial Relations Committee/Committee of the Whole May 17, 2019 (1)Approve Actions Relative to the District’s Employee Drug and Alcohol Testing Program and Related Policies Resolution (9) ADDRESSES TO BOARD: (10) SPECIAL ORDER OF BUSINESS: (A)Report from the Chair of the Nomination of Officers of the Board of Directors for 2019-2020 Advisory Committee (1) Approve Actions Relative to the Selection of Officers of the Board of Directors for 2019-2020 Resolution (11) UNFINISHED BUSINESS: Page 2 of 3Golden Gate District 5/13/2019http://goldengate.org/_print.php?_url=http%3A%2F%2Fgoldengate.org%2Fboard%2F201... (12) NEW BUSINESS: (13)COMMUNICATIONS: (14) ADJOURNMENT: s/ 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). Page 3 of 3Golden Gate District 5/13/2019http://goldengate.org/_print.php?_url=http%3A%2F%2Fgoldengate.org%2Fboard%2F201... Joint ABAG MTC Housing Legislative Working Group Meeting Agenda - Final Bay Area Metro Center 375 Beale Street Suite 800 San Francisco, California Chair, Julie Pierce, Vice Mayor, Clayton Vice Chair, Jake Mackenzie, Councilmember, Rohnert Park Board Room7:00 PMThursday, May 23, 2019 Association of Bay Area Governments – Metropolitan Transportation Commission Housing Legislative Working Group The meeting is scheduled to begin at 7:00 p.m. Agenda, roster, and webcast available at https://abag.ca.gov and https://mtc.ca.gov For information, contact Clerk of the Board at (415) 820-7913. Location: Bay Area Metro Center, 375 Beale Street, Board Room, San Francisco, California Teleconference Locations: Napa County Library, 2nd Floor Conference Room, 580 Coombs Street, Napa, California Rohnert Park Senior Center, The Drop-in Room Conference Room, 6800 Hunter Drive, Rohnert Park, California 1440 Calaveras Avenue, San Jose, California Marin County Civic Center: 3501 Civic Center Drive, Room 326, San Rafael, California 235 East Napa Street, Sonoma, California Sunnyvale City Hall, West Conference Room, 456 W Olive Ave, Sunnyvale, California City Hall, Mayor's Office, 650 Merchant Street, Vacaville, California Roster Julie Pierce, Jake Mackenzie, Margaret Abe-Koga, Anthony Adams, Newell Arnerich, Judy Arnold, Marilyn Ezzy Ashcraft, Gina Belforte, Keith Carson, Anna Chouteau, Donna Colson, Joan Cox, Susan Ellenberg, Alice Fredericks, John Gioia, James Gore, Ryan Gregory, Amy Harrington, Laura Hoffmeister, Don Horsley, Larry Klein, Cliff Lentz, Mary Luros, Kevin McDonnell, Lily Mei, Trish Munro, John Rahaim, Ken Rich, Hilary Ronen, Ron Rowlett, John Vasquez 1. Call to Order / Roll Call / Confirm Quorum 2. Chair's Report Chair’s Report19-06322. InformationAction: Julie PiercePresenter: Item 02 Notes 20190501.pdf Item 02 Schedule 20190404.pdf Item 02 HLWG Roster 20190416.pdf Attachments: Item 11D2 May 23, 2019Joint ABAG MTC Housing Legislative Working Group 3. Report on Housing Bill Landscape Report on Housing Bill Landscape19-06303. InformationAction: Rebecca LongPresenter: 4. Report on Housing Bills Report on Housing Bills including ABAG and MTC Bill Positions19-06314. InformationAction: Rebecca LongPresenter: 5. Public Comment Information 6. Adjournment / Next Meeting The next meeting of the ABAG MTC Housing Legislative Working Group is to be determined. May 23, 2019Joint ABAG MTC Housing Legislative Working Group Accessibility and Title VI: MTC provides services/accommodations upon request to persons with disabilities and individuals who are limited-English proficient who wish to address Commission matters . 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Para solicitar asistencia, por favor llame al número 415.778.6757 o al 415.778.6769 para TDD/TTY. Requerimos que solicite asistencia con tres días hábiles de anticipación para poderle proveer asistencia. MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 9 Business Journal Focus BUILDING NORTH BAY CONFERENCE PREVIEW Keith Christopherson K eith Christopherson was a stalwart of North Bay homebuilding, build- ing thousands of homes over nearly three decades until the Great Recession, and now he’s applying his big-project prowess toward the big wildfire rebuild in Sonoma County. He started as a carpenter’s apprentice in the 1970s, then he and his wife, Brenda, started Christopherson Construction, later Christopherson Homes. They relaunched in home development as Synergy Group with son Andy and other partners a few years ago. Just after the October 2017 wildfires destroyed over 5,000 Sonoma County homes, they went out on their own as Christopher- son Builders. Focused on rebuilds and speculative homes on burned lots, they are working on projects for over 100 families. Five homes have been completed, and nearly 40 are under construction. The target pace is 1.5 home completions a week. The following is an excerpted interview with Keith Christopherson, edited for clarity. How has insurance-fueled rebuilding changed local homebuilding? It’s a totally different animal. We were subdivision builders. We built everything from first-time buyer to million-dol- lar-plus homes. Here, every home is a little bit different. Every home is on a different type of a lot. Every home is a custom home in many ways, regardless of where and what you’re building, from the moderate end to the high end. So it’s a much higher overhead business. There’s a lot more day-to-day management than there was back when we were building large subdivisions. ... What challenges have you encountered in balancing quality, timeliness and pricing? In the beginning, there were trade (sub- contractor) problems. We’ve been working through that, and we’re trying to get ourselves down to a couple of really good trades in every area. We’re only as good as the people that are working with us. … What are rebuild costs now? In general, prices are probably $310–$350 a (square) foot, depending what somebody wants. … Our numbers are usually a little bit high- er, but we don’t shortcut stuff. We do things to make things last, and we want to do a good job. And so we spend a little bit more (and) put other steps into our construction process that most others don’t. Many times, it’s something that the buyer or a customer wouldn’t notice, but we notice it. The first thing you want to do is focus on On rebuilds vs. subdivisions and needed high-end housing BUSINESS JOURNAL Q&A Read Keith Christopherson’s full inter- view online at nbbj.news/construct19. See CHRISTOPHERSON page 11 John Allen, APM Homes J ohn Allen is chief operating officer of Santa Rosa-based APM Homes, which had been building projects in and around the city for several years before the October 2017 fires. An early player in the mass-rebuilding endeavor for the over 5,000 homes lost in the city, APM has upwards of 50 rebuilt of fire-lot speculative homes in the devastated Coffey Park northwest neighborhood under construction, and so far has completed an- other 45. Underway also are a couple each of rebuilds and spec homes in the northeast Fountaingrove area. Allen also is assisting with the even more massive rebuild after the 2018 Camp Fire in Northern California. In this interview, edited for length and clar- ity, Allen talks about why reconstruction is happening faster in certain areas than others. What’s the pace of the rebuild? It’s definitely a different atmosphere right now. When we first launched the rebuild, we had quite a bit of interest; we had quite a few folks signing up. That has somewhat tapered off now. Most folks have either hired a contractor or made the decision to sell or move on. … It’s a very slow trickle. We do have folks that are coming in and purchasing lots and having us build a home for them, so they’re not fire sur- vivors. There are folks that purchase lots that are having us put a home on there for them, built from one of our plans. We’re in the process of building out the lots that we purchased. … sales in Coffey Park have held pretty strong. The folks that we’re selling to in Coffey Park are not from Coffey Park. But due to the publicity that Coffey Park received after the tragedy, folks see that Coffey Park has a really strong sense of community connectedness. … The unique thing about Coffey Park is we’re building in a subdivision that was developed back in the late ’70s–’80s. And with that, you get a backyard for your children, you get some wider streets than normal. It’s new construction, but it’s a little bit different atmosphere. … Up in Fountaingrove, you don’t see the accelerated pace of the rebuild as you would in Coffey Park or Mark West. I think that’s in part due to the organizational efforts of the folks in the community. Coffey Park, it just kind of organically came together through Coffey Strong. … The other thing up in the Fountaingrove area is some of those folks were able to purchase other homes in other parts of Santa Rosa, Sonoma County. Some folks just vacated completely. In other words, they had grown older in age, and they did not want to go through this process. Or they took this as an op- portunity … to sell and downsize. Why mass rebuild with predesigned homes saves buyers money BUSINESS JOURNAL Q&A Read John Allen’s full interview online at nbbj.news/construct19. See APM page 11 MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 11 quality first; that’s No. 1. We want to de- liver a good experience to our customers. Our customers have been through hell, and we want to give them confidence that we are there for them … and not put a lot of pressure on them. … Then you work on the price, to keep the price where it’s market rate, where it’s comparable. … Then the last thing is the time. We think our quality is where we want it. We think our prices are pretty close to where they need to be. We’re looking at time in every aspect of our business right now. ... What is the construction outlook? When it comes to that, I’m a pessimist, and I’m not an optimist. Santa Rosa and the county, they’re doing a great job of trying to smooth the path and make things flow easier from beginning to end on the entitlement and the building process. However, we have the (protected species) California tiger salamander and rare flowers that are impacting the areas where most housing would go. We’re putting a lot of effort into downtown housing. I think there’s a market for it, but it’s going to be expensive housing to build, and there’s a limited market for it. (Experts) were talking four years ago about the death of the suburbs, and ev- erything is going to be downtown. … Now millennials are out in the suburbs. … There’s a disconnect between the bulk of the market and what it needs, and what is going to be available in the future. It’s a big deal because it affects how we attract jobs. Our housing cost is staggering. … I put a thumbs down on my expectations, but I would put a thumbs up for the effort that’s going into it. … There’s going to be a robust remod- eling market. There’ll be a market for luxury homes. For the middle-upper- and higher-end homes, we have very few. If you’re going to try to attract business to the area, you got to have housing for these folks. Most of what was available burned down. We’re worried about the low end, but we need to worry about that upper end too, because these are people that are going to be the job creators for other folks. There’s going to be a market for that for the next several years. There’s going to continue to be a market for apartments, especially here, because for-sale housing is so high, and there’s so little being produced and will be produced. … BUILDING NORTH BAY CONFERENCE PREVIEW CHRISTOPHERSON continued from page 9 Is there price competition between the rebuild areas and outside? Not really. If you look at our con- struction costs, folks that purchase their own lot and then hire us to put one of our plans on there, they do get some savings because they purchased that land. (But) if they’re buying one of our new homes in Coffey Park, we’ve purchased that land and built the home on it. But it’s not such a significant cost savings because you’ve got to take into consideration the folks that are doing that either having to put up that money for the lot, get construction financing, (or) do the whole financ- ing process from the get-go. The cost savings may not necessarily outweigh that financial burden. So (for) those folks that are getting their prequal(ification) for their mort- gage, if they’re having trouble getting there, where you have to (come up with) the large (amount of) $180,000- $200,000 to buy the lot, versus the $50,000-$100,000 down payment for a mortgage, it is a bit different financial scale there. Purchasing a lot, having us build a home on it, yeah, you get some savings there versus buying new. But if you’re in a financial pickle, then you would want to go the new (construction) route…. APM continued from page 9 The Anderson Zeigler team welcomes Gregory Paul who joins the firm with deep experience in employee benefits and employment law. For the past 20 years, Greg has devoted his practice to counseling clients and litigating in State and Federal courts, representing both plaintiffs and defendants in the following areas: • Accommodaios der e Americas wi Disabiliies Ac • Medical leaves of absece der FMLA/CFRA • Sor-erm ad log-erm disabiliy der ERISA • Geeral employme maers Greg is immediately available to assist clients with all employment related matters. Find AZ. Find Your Legal Solution. It’s About Greater Service to our Community… 50 OLD COuRthOuSE SquARE, 5th FLOOR SAntA ROSA, CA 95404 707-545-4910 AnDERSOnZEIGLER.COM ATTORNEYS AT LAW A PROFESSIOnAL CORPORAtIOn MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 13 Andy Christopherson, Synergy Group S ince his 20s, Andy Christopherson, a partner of Santa Rosa-based Synergy Group, has been involved in buying land for and running sizable projects for his parents’ company, Christopherson Homes. He and his partners started Synergy in 2014 and dived into the rebuild just after over 5,000 Santa Rosa-area homes were destroyed in the 2017 fires. So far, Synergy has put in 85 foundations for its 16 standard rebuild plans and moved in nearly 40 families. The company also is rebuilding 30-unit Stonefield condominiums in Fountaingrove. Six months ago, Synergy Custom launched to provide personalized rebuild options in Fountaingrove and down Sono- ma Valley as far as Kenwood. Near Coffey Park and acquired before the fire, Synergy has 20 lots ready to build in two projects. A 29-lot upscale plan is in the works for Windsor. Has demand for rebuilds changed? It’s much different. So many people waited so long, and their insurance expires in October. … So people are getting a little shocked at the timing (of how long the project takes), but at the same time, they’re having a hard time making a decision. I don’t blame them, because they did not ask to do any of this. ... We see if they’re a good fit for one of our (rebuild) programs versus buying one of our existing plans, taking a look at what they want designed and going to the custom side with them. It all depends how difficult people want to make it. Our first rebuild program is set up so simple. ... Or you can make it very, very complicated — go the custom route. It looks so easy when you watch it on HGTV. Going custom to help fill the project pipeline amid rebuilds BUSINESS JOURNAL Q&A BUILDING NORTH BAY CONFERENCE PREVIEW Read Andy Christopherson’s full inter- view online: nbbj.news/construct2019 See SYNERGY page 15 Jeff Schween, agent and builder A fter completing three-quarters of a billion dollars in Sonoma County home sales in the past three decades, partners in life and real estate Jeff and Tracey Schween of Compass jumped into the postfire rebuild in the days afterward. They then teamed up with architect Kevin Skiles, who had lost projects to the flames, to form design-builder Urban Building Workshop. The company has 65 construc- tion employees, plus a few architects and staff working on 18 custom-style homes in the Fountaingrove area of northeast Santa Rosa. Six more homes are in the permitting stage, and three others are in design. In this interview, edited for length and clarity, Schween describes how the compa- ny has been building at lower cost in the upscale neighborhoods and what cultural reset Sonoma County needs to get out of its long-running housing shortage. You have the interesting perspective of the rebuild as a top real estate agent and builder. Part of our program was to deliver high-quality homes but at a reasonable dollar. None of the houses we’re doing are the same; they’re all custom designed. But we’re synchronizing their build sequences, so that these four or those five are being put together in a group. … And in that cluster, four or five homes ends up saving someone enough money that we can deliv- er that kind of product line at $300–$400 a gross square foot. We’re building next to the people who are building houses for $650–$700 a foot. … … What we did for people that jumped on Mass-production efficiency in a high-end home market BUSINESS JOURNAL Q&A Read Jeff Schween’s full interview online at nbbj.news/construct19. See SCHWEEN page 15 RebuildCenterandDesignStudio 565W.CollegeAvenue,SantaRosa,CA95401 CA Contractor lic. #1036954 (707)584-6377 •ChristophersonBuilders.com Nothingreplaceslocalknowledge andexperience. MASTER- PLANNED DESIGNS.NE W Approvedandready foryourrebuild. MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 15 What’s the outlook for homebuilding? We’re treading lightly. We want to help people get back in their homes. We know there’s a big need for that. But in terms of us going out and buying a bunch of lots and doing a bunch of speculative building, we’re not too into that. ... What are the biggest opportunities for your company? If it’s a simple project or a difficult project, it doesn’t matter. It’s just working with people and getting them back in their homes. We won’t make as much money than speculative building, but there’s a lot less risk. Have you worked out things with your subcontractors? We had some big sub issues to begin with, and primarily just one contractor. Since then, we severed ties with them, and now we’re back rolling again. ... What are your biggest challenges? … My biggest challenge is what we’re going to do next year. We could fill our pipe- line easy, but we just want to be selective. Is it challenging to transition to nonrebuild projects? Yeah, it’s different. If it’s a “spec build,” it’s a little easier than if it’s for a customer — less chefs in the kitchen. But at the same time, we’re looking at doing custom home building. That adds a lot more complexity to the recipe. Where an average superintendent had 15-20 homes under their belt (with rebuilds), now with semicustom stuff they can only have seven homes. … From day one, we knew we could build about five simpler Coffey Park homes for every one custom home we do, because there’s just that much more going into it. That was why I originally got into our standard plans to try to get people back in their houses. It worked out really well. We got a lot of people in fast. Other challenges? We have maybe a reputation of a heavy production biller that can’t do and won’t do custom work, but that’s not the case at all. When the fires first happened, we didn’t take on any custom work because we didn’t have the bandwidth to take it on. Since about six months ago, we have the bandwidth now. BUILDING NORTH BAY CONFERENCE PREVIEW SYNERGY continued from page 13 SCHWEEN continued from page 13 board with us early on and put their faith in us, we shrunk (our 20% overhead and profit) down to 12.5% total, essentially saving someone 7.5 percentage points, which on a $1 million or $2 million con- struction bid is $75,000 to $150,000 savings on building a new house. We did that for people the first year. This year, we’ve changed that to 15%. We’re still below market on that, but we’re trying to obviously manage our profits and costs on this side, too. … What is the outlook for new construction? … We really need all types: market housing, renter housing. It’s a little bit of a quagmire. The question is, how do we deliver it all? … It sounds like a pretty recipe: Every time someone builds, you provide people with (affordable) housing options. The mistake with that is you’re trying to grapple for the crumbs on a table to serve a community that needs 5,000–7,000 units of housing in that capacity. … … (L)et the developers call the shots on what it is. We need more units — period. If you delivered 30,000 new units to this county in the next five years, I guarantee you would abate runaway prices on for- rent, for-sale. … How are sales of fire lots versus existing-home resales or new construction? We’ve lost people from our communi- ties. But each time we lose someone that sells their lot, someone else is coming in and buying that lot, whether it’s a builder, or someone that’s from out of the area …. Are rebuild areas poaching buyers? I don’t know if I think of it as poach- ing or cannibalization. Because there hasn’t been so much product available for delivery. … With the new enthusiasm about Santa Rosa, all the new construction going on and the new Fountaingrove country club, we’re getting a lot of inquiries from out of the area that you didn’t have a year or two or three ago … about an area that literally had a home stock that was somewhere in the average age of 30 years-plus. … The proposition beforehand was remodel it…. That was not exciting to many people coming to our area. … AConstructionAssociation Serving Sonoma,Lake & Mendocino Counties North Coast Builders Exchange 1030 Apollo Way, Santa Rosa, CA 95407 (707) 542-9502 • www.ncbeonline.com • Fax: 542-2027 Good things happen when you join Ifyou’reinconstructionorcareaboutconstruction, weinviteyoutojointheNorthBay’slargestbuilding industryassociation–theNorthCoastBuildersExchange. Members have access to: • Projects out to bid – online and on site • Health insurance group program • Workers’Comp insurance • Industry training • Legislative advocacy • Marketing & promotional opportunities • Discounts on forms & publications • Networking JointheNCBETeam–contactustoday Good things happen when you join If you’re in construction or care about construction, we invite you to join the North Bay’s largest building industry association – the North Coast Builders Exchange. Members have access to: • Projects out-to-bid in a Virtual Plan Room • Health insurance group program • Workers’ Comp insurance • Industry training • Legislative advocacy • Marketing & promotional opportunities • Discounts on forms & publications • Networking Join the NCBETeam – contact us today A Construction Association Serving Sonoma, Lake, Mendocino, and Napa Counties Online 16 SONOMA, NAPA AND MARIN COUNTIES MONDAY, MAY 20, 2019 John Stewart, The John Stewart Co. J ohn Stewart is chairman of San Francisco-based The John Stewart Co., a builder and operator of af- fordable housing projects since he started it in 1978. It has about 1,400 employees in five Cali- fornia offices, managing over 32,000 exist- ing units and 17 projects, including a plan to transform the historic former cannery in Santa Rosa’s Railroad Square into senior housing. Stewart acquired the property in 1999, received project entitlements in 2013 and was set to receive $11 million in state money to help finance the project. However, the City Council opted that year not to move the project forward. Over $4 million has been spent on ground- water cleanup and shoring up the brick cannery walls to be reused in the project. What’s the outlook for affordable housing? ... Things have gotten so difficult to finance, with the fact that HUD is really missing at the table; they’re not players anymore. They tend to focus on vouch- ers, not project-based subsidies. Most of the affordable product in the United States now is driven by the low-income housing tax credit pro- gram, and that requires a combination of public money and private money. ... Everything that we are doing in Sac- ramento, San Francisco, communities in between and a couple projects in L.A., in order to make the projects go, cities have to provide gap financing, and we put in equity. The problem we have right now in the project that we’ve been working on in Santa Rosa is the city has no money. … I am very disappointed that the (afford- able housing) bond issue (2018 Measure N) for $124 million didn’t pass. Had that passed, it was a chance to do tax credit af- fordable housing. But that means the city doesn’t have any money to help finance affordable housing. Web of funding for Santa Rosa project gets more complex BUSINESS JOURNAL Q&A BUILDING NORTH BAY CONFERENCE PREVIEW Read John Stewart’s full interview online at nbbj.news/construct2019 See STEWART page 23 SANTA ROSA PROJECT TIMELINE 1999: Property purchased 2009: $11.4 million state bond money secured 2013: Planning Commission approves; City Council doesn’t 2018: Measure N fails We build solid relationships and customized strategies that go the extra mile for you. Certified Public Accountants & Advisors Serving Contractors, Real Estate Developers, Architects & Engineers Built on hard work and respect. pbllp.com | Santa Rosa (707) 542-3343 | St. Helena (707) 963-9910 | Petaluma (707) 762-9900 | Napa (707) 224-4097 An IndependentMember of DFK International pbllp.com | Santa Rosa (707) 542-3343 | St. Helena (707) 963-9910 | Petaluma (707) 762-9900 | Napa (707) 224-4097 An IndependentMember of DFK InternationalAn Independent Member of DFK International pbllp.com | Santa Rosa (707) 542-3343 | St. Helena (707) 963-9910 | Petaluma (707) 762-9900 | Napa (707) 224-4097 MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 17 Peter Rumble, Santa Rosa chamber P eter Rumble was named CEO of Santa Rosa Metro Chamber in January 2018, coming from stints as Sonoma County director of health policy and deputy administrator. At the county, he helped launch the Sono- ma County Energy Independence Program. During the October 2017 fires, he was one of the leaders in guiding emergency response. What has your organization been doing for the postfire economic recovery and rebuild? We focused on a number of initiatives, not just with fire but also now with the (February west Sonoma County) flood to help economic recovery and rebuild. They range from supporting housing construc- tion, as well as financial assistance to busi- nesses to weather the storm, so to speak. On the housing front, primary among our efforts is the employers’ housing council. This is a group of the largest em- ployers in the county, a group of around 15 employers coming together to take care of a few goals. The first is to continue to keep a focus and a pressure on building the housing that we need for the workforce that we have today as well as the workforce that we need tomorrow. That’s certainly around rebuild, but we need to look beyond rebuilding. I think it was then-Mayor (Chris) Coursey who said it best: We can’t afford to rebuild back to a housing crisis. … The second goal is to receive presenta- tions from individual developers and con- sider directly participating in individual projects, either through lease agreements or direct investment. Third, we are putting together a local housing trust. This is a pool of funds raised through local capital development — cor- porate donations, foundation donations, private investment — to be able to make a pool of funds available to developers for the costs that typically aren’t available through banks, or whatever that devel- opment might need to help get a project off the ground. So that’s a massive effort on the housing front. How are things progressing? Very well. We have had a number of meetings, have heard presentations from different projects, and have had follow-up conversations on those projects with individual companies to see if there’s something to be worked out on a one-to- one basis. We are very close to launching the housing trust. We’re working out some details under the surface for how it will work and what criteria will be used to select projects. A great example of what we are building through this is the Mon- terey Bay Economic Partnership. In the span of a couple years, they launched the housing trust and were able to invest in four projects. Several hundred housing units were able to be built in the tri-county area of Monterey, Santa Cruz and San Benito counties. How large of a trust would this be? … It’s a revolving-loan fund, so it’s not a grant program. The dollars will continue to build on themselves over time. It’s also not the Google Foundation. We’re proba- bly talking in the range of $15 million-$20 million. That will handle a couple projects Rebuilding homes and the economy now — and for the future BUSINESS JOURNAL Q&A BUILDING NORTH BAY CONFERENCE PREVIEW Read Peter Rumble’s full interview online: nbbj.news/construct2019 See RUMBLE page 23 www.flySTS.com Fly Nonstop from Sonoma County to DENVER © P N T S Mill Valley, 750 Redwood Highway Frontage Road, Suite 1218, (415) 389-0880 Napa, 1753 Trancas Street, (707) 254-8600 San Rafael, 1099 Fourth Street, (415) 485-3888 Santa Rosa, 640 Third Street, (707) 544-8881 St. Helena, 999 Adams Street, Suite 401, (707) 968-0988 For the location nearest you, please call (855) 886-4824 or visit firstrepublic.com 1Annual Percentage Yield effective as of publication date. Limited-time offer subject to change without notice. $10,000 minimum balance. Penalty for early withdrawal. Fees may reduce earnings. Cannot be combined with other offers. Member FDIC. C D S P ECIAL Your future self will thank you. Open a CD today for guaranteed returns on your savings. 5-MONTH 2.40 APY1 % MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 19 Hugh Futrell, Hugh Futrell Corp. C EO and co-shareholder of the eponymous Santa Rosa-based corporation, Hugh Futrell has seen a number of business cycles over his four-decade career in land-use planning, development and construction, and asset management. Under construction is Hotel E, the rework- ing of the Empire Building in downtown Santa Rosa. Also in construction is the four-story Art House on Riley and Seventh streets. Hugh Futrell Corp. is managing the interior postfire rebuild of Santa Rosa Community Health’s 45,000-square-foot Vista campus in Fountaingove. And the seven-story 888 Fourth St. upscale project was recently proposed. In the following interview, edited for length and clarity, Futrell talks about challenges in recruitment and building affordable housing. What is the construction outlook? There’s strong, strong customer de- mand for hotels, multifamily units, and other things. Construction costs are high. That makes pro formas difficult. And anyone who guesses what the future will hold is probably making a mistake. How are you mitigating costs? Well, part of it is you try to ensure that you don’t overdesign. That’s No. 1. No. 2, (have a) broad as possible bid umbrella. That’s also important. ... What do you mean by “overdesign”? Not so much the exterior design. I’m talking about the detailing of the mechan- ical systems, the electrical systems, archi- tectural specifications, and those other things which we rely on good designers to put together. … Is that “lean construction”? It is in theory what people have done for a long time, which is make sure you’re not spending more than you need to. But there is great urgency about that now, because of rising costs. ... What are your greatest opportunities? We have an unusual range, because we do all kinds of things, ranging from single-family subdivisions to more in- tense urban uses, market-rate housing, low-income housing, which we build and manage, as well as various commercial projects and hotel/hospitality projects. ... We do particularly like to focus on lower-income housing during recession times, because those kinds of projects are relatively immune to adverse market factors. Because of the array of funding sources they get? Because the rents in the projects are well below market, your income stream is reliable. Construction costs tend to be lower in the middle of a recession, so it’s easier to make those kinds of projects work. Downtown Santa Rosa builder on affordable housing, recruitment BUSINESS JOURNALQ&A BUILDING NORTH BAY CONFERENCE PREVIEW 8 Read Hugh Futrell’s full interview online at nbbj.news/construct2019. See FUTRELL page 21 Suzanne Smith, SCTA S uzanne Smith has been executive director of Sonoma County Trans- portation Authority since October 1997. The agency coordinates regional, state and federal funding for transportation projects and manages Measure M, the county’s quarter-cent sales tax. What are top of the mind transportation projects for you? So, first and foremost, we’ve got the last Highway 101 widening project in Sonoma County. That’s the segment through Petaluma, from the northerly part of the bridge through the Narrows. Caltrans will open bids at the end of this month or early June. That’s the biggest and most immediate job that’s on the horizon. In addition to that, there’s the “Big Pave,” which is going to be the Highway 101 rehab job that goes from Geyserville to Cloverdale. It’s kind of an extension of all the paving work that Caltrans did from Windsor up to Geyserville. Then there’s Highway 37. There’s defi- nitely a lot of work underway to figure out which segments of construction are going to happen first there. We’re going to see a couple of things in the next year or two. One, the Highway 37 flooding problem on the westerly side near Highway 101. Caltrans is looking at a pretty major project on Highway 37 between Atherton Avenue and Highway 101 that would replace the Novato Creek bridge. It certainly has an impact on the way Highway 37 works for Sonoma County residents who use 37. Two, we’re working with Caltrans and (the Metropolitan Transportation Com- mission) on the intersection at (Highway) 121 and Highway 37, at Sonoma Raceway. We are in the planning stages of that, getting into the environmental process, hopefully later this year. We’re also working on the intersection of highways 116 and 121 — a roundabout there. We don’t have the capital pot for that yet though. That’s still in development. Have you noticed any acceleration in the progress on projects with legal matters getting resolved either at the ballot box or at the courthouse, with recent action on Regional Measure 3? The really good news is we have a lot more certainty following the 2018 election cycle, which Proposition 6 (in November) defeated, the ability to plan for and deliver projects using the funds that were provided from the state through Senate Bill 1. We’re just starting to see how that’s going to have an effect. That’s the reason we’re able to finish Highway 101. The other important measure is what the voters approved with Regional Mea- sure 3 (last June) and the court decision (in April) to vacate or toss out that challenge that was brought against the (bridge) toll increase (funding transpor- tation projects). Once those monies start flowing, that’s how we get to do a lot of the work on Highway 37. But that combination of the tolling and Senate Bill 1 funds, that’s the reason we’re able to do the work, especially when you combine it with our local (sales) tax Measure (M). Speaking of tools, has there been anything further on what will become Widening for Highway 101 to end; Highway 37 work to ramp up BUSINESS JOURNALQ&A 8 Read Suzanne Smith’s full interview online at nbbj.news/construct2019. See SMITH page 21 MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 21 H ow are you making your affordable housing projects work in this environment? It takes a lot more public subsidy. Are those sources robust? They would have been pretty robust if the supermajority of (Santa Rosa) voters had approved the (Measure N housing) bond that was on the 2018 ballot, but they did not. The city does have some funds, but they’re limited, given the demand. Is there hope in initiatives like Santa Rosa Metro Chamber’s housing council of employers? I’m not counting on those having a meaningful result. If it does, good. Is that because of the pool of capital? None of this is very complicated. In the area of land use and housing, in general, there is an excess of talk and a deficit of productive action. So that leads me to be very cautious about initiatives and their potential to accomplish anything. Other challenges? A big challenge is recruiting and hiring highly qualified and competent personnel. … But there’s also a shortage of skilled and qualified management personnel, too ... But it is difficult to find competent and qualified people, even at a very attractive pay scale. How do you find those qualified people? Someone who merely has a degree is no use to us. It requires not just academic knowledge, but it requires analytical skills and practical, intensive experience. So that would take recruiting from management? It’s no different than it is for any other industry. You recruit. You network. We certainly do not poach on our compet- itors, because that’s unethical, in my opinion. But we do try to reach out beyond our area, for sure, to see who we can find. What’s behind that difficulty? (C)ost of living here. … (T)he biggest problem is there’s just far more demand than there is supply for qualified people. BUILDING NORTH BAY CONFERENCE PREVIEW FUTRELL continued from page 19 of Highway 37 as a toll road? The issue of tolling on (Highway) 37, there’s still a lot of details to be worked out: how and when such a funding mechanism would take place. But with- out tolling, I think we’re going to have a hard time delivering on that project, especially the entirety of the corridor. The discussion about tolling the parts (of that roadway) we need to improve to address congestion relief is going to be decided in the next couple of years. Because without that toll revenue, we really are going to be in trouble trying to fix that congestion problem. Is that something that’s going to be worked out at the local level or at the MTC level? It’s really a partnership that’s going to involve the local, regional and state governments. It will likely require some legislation if we want to implement the concept of Highway 37 as the eighth toll bridge in the (San Francisco Bay) region. MTC manages the seven toll bridges, except the Golden Gate. The idea of creating something new or different with Highway 37, I don’t think there is a lot of value in doing that. Is it known yet what the design will be for the Highway 37 upgrades from Vallejo to Novato? The strategy there is we will do an interim fix and then an ultimate proj- ect. The idea behind the interim fix is that we would do a minimal amount of shoulder widening on the existing berm that’s out there now, where the road is, and provide an additional lane of traffic. It would be either a reversible lane, like you see on the Golden Gate Bridge, where they have a movable barrier, or two lanes in each direction. We can provide some of the conges- tion relief quickly, but the roadway is still going to be imperiled from sea level rise and flood events at high tide. While we have a transportation project out there, we also have a huge opportunity when it comes to resource restoration and improving the baylands on which the highway corridor rests. And that has a lot of value, not only for the environmental enhancement, but also for absorbing storm events. SMITH continued from page 19 A fine art exhibition and sale benefitting Buckelew Programs’ behavioral health and addiction recovery services. 30+ artists, including a new REIMAGINED large-format collection titled “Invented Landscapes” curated by Donna Seager & Suzanne Gray of Seager/Gray Gallery in Mill Valley. Opening Gala and all events at: Escalle Winery 771 Magnolia Avenue, Larkspur Tickets for all events: Gala dinner, speaker series, artist reception, and exhibition at buckelew.org 415.491.5705 Nicholas Coley Wendy Goldberg Com Sa Join us JUNE 22 at Martinelli Winery for BOOTS & VINES a fundraiser for Sanctuary Villas. Currently seeking event sponsors and capital campaign donations Learn more and make a donation at www.communitysupportnet.org There are more than 500 homeless youth on the streets of Sonoma County. Community Support Network has been a vital part of the Sonoma County community for over 45 years. We house the homeless and help people recover from addiction and trauma. 90% of the homeless youth we serve stay housed. In 2019, we’re launching Sanctuary Villas, our second housing program for youth. We raised $1,425,000, but we still need your help to open the doors in November. Community Support Network GOAL $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 $250,000 MONDAY, MAY 20, 2019 SONOMA, NAPA AND MARIN COUNTIES 23 How much of a shortfall is there for Santa Rosa? Huge. I’ll give you the figures in San Francisco. The gap financing from the city — we’re actually getting this — is over $300,000 a unit for 4% tax credit deals. And for projects that are mid- dle-income — teachers, first responders, nurses — it’s over $400,000 a unit. ... We have lost lots of money (on the project), but we love Santa Rosa. I think I’ve worked with six mayors up there. It’s been a labor of love. ... The generic problem for every project in Santa Rosa is that you’ve got costs which are not as high as San Francisco, but they’re high. ... I would guess that construction costs in Santa Rosa are maybe 80%-90% of what they are in San Francisco. ... The current cost of produc- ing affordable tax credit housing in San Francisco is between $600,000-$700,000 a unit. … But what Santa Rosa does not have (is) the rising rents that occurred in Santa Clara, San Mateo and San Francisco counties. That’s why (landlords there) are getting $4,000-$5,000 a month. ... Is the Santa Rosa site transit- oriented development? It’s an 8 iron, if you’re playing golf, away from the (downtown SMART) sta- tion. If you had working couples, they could get on the train and leave their car at home. It’s an excellent site for seniors. ... And when we bought (the Santa Rosa site), conventional wisdom then was that SMART would be an operation in about five or six years, 2005-2006. … We don’t think it’s financeable right now as 100% affordable, so that’s why we’re trying to do roughly 80% at moderate income and 20% at lower income. STEWART continued from page 16 RUMBLE continued from page 17 at a time. Over time, those investments would be paid back and then be made available for future projects. That’s aspirational right now. … What still needs to be done to move these efforts along? Let’s talk about housing first. We need to continue to the reforms that we’re seeing in downtown Santa Rosa. We need those reforms elsewhere through the city to make it easier for all development. We are certainly short on multifamily housing to significant degrees, particu- larly in our downtown core. But we also need single-family homes; we also need lower-density development throughout the city. And not just Santa Rosa but all the cities within the county, and to some extent, even the unincorporated areas. If you look at all of our general plans in the county, and you add up what have already been adopted and agreed on, that’s how we can come to a 30,000 (housing unit) number that we need countywide. The bulk of that is going to be city-centered, not in our agricul- ture and our open-space lands. If we’ve already set that as a marker, we need to make it easy to achieve that goal. So, continued regulatory reform, financial reform, permit costs, building costs, etc. I commend the city, both at a staff level and a council level, for taking the necessary steps for downtown. … … (A)bout 60% of the current work- force is considering moving outside of California because of the cost of housing. And we had 58% of families with children recommending to their children that they leave the state be- cause of the inability to build capital in the future because of the cost of housing. That’s a huge impending economic crisis. … David Hosking, Silvermark D avid Hosking is vice president of Fairfield-based Silvermark Con- struction Services. Since March 2018, the company has been building 135 homes in the Coffey Park, Wikiup-Mark West-Larkfield, and lower and upper Fountaingrove neighborhoods on the north end of Santa Rosa, where over 5,000 homes were destroyed in the October 2017 Tubbs Fire. Of those, 95 are rebuilds and 40 are speculative homes, 22 of which have been completed and occupied, three of them by fire survivors. What’s a thumbnail sketch of your company? We’re a fairly young company. When you look at the name Silvermark, basi- cally, we’ve been around for about three years. But prior to that we were a much bigger company, called Blue Mountain Properties. Blue Mountain was a heating- and air-conditioning company that evolved into a remodeler, then a builder. Over the past 10 years, we did roughly 12,000 homes, and 9,000 of them were flip homes where we bought the house on the courthouse steps then remodeled and sold them. We completely gutted them and remodeled them with brand new kitchens, brand new bathrooms, new paint, everything. It was a new house by the time we were done. We did homes in all 50 states. Most of that work, 95%, was in California, Arizo- na, Nevada, Texas, Florida, Hawaii and the South. After 2008, a bunch of builders went out of business — a lot of them. They had these big projects sitting out there in the Central Valley, even right here (in Sonoma County), that had to go (bankrupt). We ended up buying those vacated projects for 10 cents on the dollar. With that, we were able to build approximately 3,000 brand- new homes (from the) ground up. That’s how we got into the ground-up business. Investors in that company bought the owner, Greg Owen, out. He thought he was going to retire, but instead decided to have some fun flipping houses. And then all of a sudden this fire hap- pened in October (2017). We didn’t come over here until February (2018). We had no intent for a mass effort. We just figured we’d build one or two. Was it people who saw you doing one project and wanted you to do theirs as well? That’s how it initially happened. And then after five months, we put an ad in the paper. What’s happening with construction costs on the fire-area projects versus other projects you have undertaken in recent years? When we first got here, we figured we would use local contractors, but they all jacked up their prices. So we had to bring in our subcontractors from outside the area, ones we’ve used in the past. That effort alone allowed us to come in at a very competitive rate, which was basically our same rate we had before the fires. We’re at $250 a square foot. Always has been; always will be. Now, I believe they’ve got a reality check, and they’re not all as busy as they wish they were. So they’ve got their pricing in check. Does your company have other projects going in other fire areas or in other nonfire markets? We’re going to Paradise. Not too much is lined up there. Too much is still uncertain. It depends on where you’re at: You may not have electricity. You may not have water. You may not have sewer lines approved. We also have some low-income projects go- ing on in Oakland, and we’ve got projects going on in Fairfield and Antioch. Bringing large-scale build-and-flip experience to rebuilds BUILDING NORTH BAY CONFERENCE PREVIEW SILVERMARK CONSTRUCTION SERVICES Fairfield-based Silvermark Construction Services put up signs like this one in the Tubbs Fire- affected Fountaingrove area of northeast Santa Rosa in early 2018 to advertise it was getting into rebuilds. BUSINESS JOURNAL Q&A