HomeMy WebLinkAbout2020/05/26 City Council Agenda Packet
"We Care for Our Residents by Working Together to
Build a Better Community for Today and
Tomorrow."
ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA),
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION
JOINT REGULAR MEETING
Tuesday, May 26, 2020
Open Session: 5:00 PM
*COVID-19 NOTICE*
Consistent with Executive Orders No. N-25 -20 and No. N-29-20 from the Executive Department of
the State of California and the Sonoma County Health Official’s March 17, 2020 and March 31, 2020
Shelter in Place Orders, the City Council Meeting will not be physically open to the public and City
Councilmembers will be teleconferencing into the meeting via Zoom Video Communications software.
How to observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of the
public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website
https://www.rpcity.org/city_hall/city_council/meeting_central
How to submit Public Comment:
Members of the public may provide public comment by sending comments to the Clerk by email at
publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can
be emailed until the close of the Agenda Item for which the comment is submitted. Email comments
must identify the Agenda Item Number in the subject line of the email and should be a maximum of
350 words, which corresponds to approximately 3 minutes of speaking time. The comments will be
read for the record, with a maximum allowance of 30 minutes of total public comments, subject to the
Mayor’s discretion. If a comment is received after the agenda item is heard but before the close of the
meeting, the comment will still be included as a part of the record of the meeting but will not be read
for the record or considered in connection with the agenda item.
American Disability Act Accommodations:
Any member of the public who needs accommodations should email the ADA Coordinator at
vperrault@rpcity.org or by calling 707- 588-2221. The ADA Coordinator will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also maintaining
public safety in accordance with the City procedure for resolving reasonable accommodation requests.
Information about reasonable accommodations is available on the City website at
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
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 Section
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.
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING -
CALL TO ORDER/ROLL CALL
(Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____)
2. PRESENTATIONS
2.A Mayor's Proclamation: Proclaiming the fourth week in May 2020 as Emergency
Medical Services (EMS) Week.
Item 2.A.
3. DEPARTMENT HEAD BRIEFINGS
4. 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. Please see page 1 for details on how to submit
public comments.
5. 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.
Council Motion/Roll Call Vote:
(Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____)
5.A Acceptance of Reports for:
5.A.1. RPFA- Cash Report for Month Ending March 31, 2020
5.A.2. Housing Successor Agency- Cash Report for Month Ending March 31, 2020
5.A.3. Successor Agency- Cash Report for Month Ending March 31, 2020
5.A.4. City Cash Report for Month Ending March 31, 2020
5.A.5. City Bills/Demands for Payment dated May 1 through May 15, 2020
5.A.6. Successor Agency to the CDC Bills/Demands for Payment dated May 1
through May 15, 2020
5.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting,
May 12, 2020
Item 5.B.
5.C Approval of Minutes for City Council Special Meeting, May 19, 2020
Item 5.C.
5.D Acceptance of Report: Vice Mayor Mackenzie’s appointment of Gary Gutierrez to the
Bicycle and Pedestrian Advisory Committee to fill Katie Musick’s Term Expiring
December 31, 2020 and Councilmember Stafford’s appoint of Jeff Tatman to the Parks
and Recreation Commission fill Linda Canterbury’s Term Expiring December 31, 2022
Item 5.D.
5.E Adoption of Resolution 2020-044 Authorizing the City Manager to Execute a
Maintenance Agreement with DC Electric Group, Inc., a Commercial Electrical
Contractor and related actions
Item 5.E.
5.F Adoption of Resolution 2020-045 Authorizing and Approving a Reimbursement
Agreement between the City of Rohnert Park and Ishaq Trading Corporation for
Corporation for costs incurred in processing development within the Northwest Specific
Plan Area (APN 045-054-018)
Item 5.F.
5.G Adoption of Resolution 2020-046 Authorizing the Postponement of the Scheduled Sewer
Rate Increase and Sewer Capital Preservation Fee Increase
Item 5.G.
5.H Adoption of Resolution 2020-047 Declaring Weeds to be a Nuisance and provide for
Weed Abatement pursuant to Government Code Sections 39560 through 39588; Article 2
- Alternative Procedures for Weed and Rubbish Abatement and set a Public Hearing for
June 9, 2020
Item 5.H.
6. REGULAR ITEMS
6.A Discussion and Direction Regarding Sales and Use of “Safe and Sane” Fireworks
A. Staff Report
B. Public Comments
C. Council discussion/direction
Item 6.A.
6.B Discussion and Direction Regarding November 3, 2020 Election Regulations Regarding
City Council Candidates’ Statements of Qualifications
A. Staff Report
B. Public Comments
C. Council discussion/direction
Item 6.B.
6.C City of Rohnert Park’s Response to Novel Coronavirus (COVID-19)
A. Verbal Staff Report
B. Public Comments
C. Council discussion/direction
7. 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.
7.A Standing Committees:
7.B Liaison Reports:
1. Chamber of Commerce Board of Directors Meeting (5/19)
7.C Outside Agency Appointments:
1. Mayors and Council Members’ Association of Sonoma County Legislative
Committee (5/15 & 5/22)
2. Water Advisory Committee (WAC) and Technical Advisory Committee (TAC)
to Sonoma Water Special Joint Meeting (5/18)
3. Zero Waste Sonoma (5/20)
4. Sonoma County Transportation Authority/Regional Climate Protection
Authority (SCTA/RCPA) Board of Directors Special Meeting (5/26)
7.D Other Reports:
8. COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council
Members desiring to read or discuss any communication may do so at this time. No action may be
taken except to place a particular item on a future agenda for Council consideration.
9. 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.
10. 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. Please see page 1 for details on how to submit
public comments.
11. 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.
AGENDA REPORTS & DOCUMENTS: Electronic 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 on https://www.rpcity.org/city_hall/city_council/meeting_central. 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 on our website following the meeting.
DISABLED ACCOMMODATION: Any member of the public who needs accommodations should
email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA
Coordinator
will use their best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for resolving
reasonable accommodation requests. Information about reasonable accommodations is available on the
City website at
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
CERTIFICATION OF POSTING OF AGENDA
I, Sylvia Lopez Cuevas, Assistant City Clerk for the City of Rohnert Park, declare that
the foregoing agenda was posted and available for review on May 21st, 2020 at
Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also
available on the City web site at www.rpcity.org. Executed this 21st day of May 2020 at Rohnert
Park, California.
Sylvia Lopez Cuevas
Office of the City Clerk
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A PROCLAMATION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
EMERGENCY MEDICAL SERVICES WEEK | 2020
Whereas, emergency medical services are a vital public service to the residents of
Rohnert Park; and
Whereas, emergency medical service teams are ready to provide lifesaving care to
those in need 24 hours a day, 365 days a year; and
Whereas, emergency medical services teams consist of first responders, emergency
medical technicians, paramedics, emergency medical dispatchers, firefighters, p olice
officers, nurses, emergency physicians, and other medical care providers; and
Whereas, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing
education to enhance their lifesaving skills, and provide all citizens with the highest
standards of emergency medical care; and
Whereas, it is appropriate for Rohnert Park to join with other governing bodies
across the United States in recognition of the accomplishments of all emergency
medical services teams.
Now, Therefore, be it Proclaimed that I, Joseph T. Callinan, as Mayor, do
hereby proclaim the fourth week in May to be Emergency Medical Services Week in
Rohnert Park. EMS Strong: Ready Today. Preparing for Tomorrow.
Duly and Regularly Proclaimed this 26th day of May 2020.
CITY OF ROHNERT PARK
Joseph T. Callinan, MAYOR
Item 2.A.
Item 5.A.1.
Item 5.A.2.
Item 5.A.3
Item 5.A.4.
CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
May 26,2020
@
Check Number: 262113 -262382
Dated: May 1, 2020 - May 15,2020
TOTAL
$1,789,312.17
$1,789,312.17
Item 5.A.5
Check Number Check Date
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SUCCESSOR BILLS FOR ACCEPTANCE
$liay 26,2020
Check Number: 262274
Dated: May 1 , 2020 - May 15,2020
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92,225.00
$2,225.00
Item 5.A.6
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No 262274Amount 2,225.00 2,225.00 2,225.0A 2,225.00
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, May 12, 2020
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Callinan called the joint regular meeting to order at 5:00 pm, the notice for which being
legally noticed on May 7, 2020. There was no physical location for this meeting but the
Agenda included language on how to observe the meeting and how to submit public comment.
Participating via Zoom Video Communications:
Joseph T. Callinan, Mayor
Jake Mackenzie, Vice Mayor
Susan H. Adams, Councilmember
Gina Belforte, Councilmember
Pam Stafford, Councilmember
Staff attending via Zoom Video Communications: City Manager Jenkins, Assistant City
Manager Schwartz, Deputy City Attorney Murphy, Director of Human Resources Perrault,
Director of Public Works and Community Services McArthur, Development Services Director
Pawson, Director of Public Safety Mattos, Deputy Chief Bates, Lieutenant Nicks, Senior Code
Compliance Officer Kirk, Senior Analyst L. Tacata, Planning Manager Beiswenger, Interim
Finance Manager Orozco, Environmental Coordinator Bennett, Information Systems (IS)
Operations Manager Rowley, and City Clerk Buergler.
S taff Present: Assistant City Clerk Lopez and IT Analyst Son.
2.PRESENTATIONS
None.
3.DEPARTMENT HEAD BRIEFING
None.
4.PUBLIC COMMENTS
City Clerk Buergler read comments submitted by the following: Adrienne Lauby, Eliza
Hemenway and Carol Spooner commented about the re-opening of the economy and protests
regarding shelter in place orders in the City.
Item 5.B.
City of Rohnert Park Joint Regular Meeting Agenda for City Council May 12, 2020
RPFA/CDC Successor Agency Page 2 of 5
Diane Borr, Julie Royes, Erin Armstrong and Chris Borr commented against the current
district election sequencing.
5.CONSENT CALENDAR
A.Acceptance of Reports for:
1.City Bills/Demands for Payment dated April 21 through April 30, 2020
2.RPFA- Cash Report for Month Ending February 29, 2020
3.Housing Successor Agency- Cash Report for Month Ending February 29, 2020
4.Successor Agency- Cash Report for Month Ending February 29, 2020
5.City- Cash Report for Month Ending February 29, 2020.
B.Authorize the City Manager to Execute Amendment 1 to Task Order 2020-01 with
Coastland Civil Engineering for Additional Design Services for State Farm
Drive/Commerce Water Line Replacement Project (CIP 2019-20) in an amount not to
exceed $54,846 and a total Task Order Amount not to exceed of $134,248
C.Adoption of Resolution 2020-043 Authorizing and Approving a Public Improvement
and Public Facilities Fee Credit Agreement for Keiser Avenue Joint Trench
Improvements with the University District LLC
D.Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting,
April 28, 2020
E.Approval of Minutes for City Council Special Meeting, April 24, 2020
F.Approval of Minutes for City Council Special Meeting, May 5, 2020
ACTION: Moved/seconded (Stafford/Mackenzie) to approve the Consent Calendar.
Motion carried by the following unanimous roll call vote: AYES:
Adams, Belforte, Stafford, Mackenzie, and Callinan, NOES: None,
ABSTAINS: None, ABSENT: None
6.REGULAR ITEMS:
A.City of Rohnert Park’s Response to Novel Coronavirus (COVID-19)
Verbal report was provided by City Manager Jenkins.
PUBLIC COMMENT: None.
Council Received and Accepted the Report.
ACTION: By consensus (none opposed) Council directed staff to work with Mayor
Callinan on a survey for the community regarding COVID-19 and the City’s
resources available to residents.
ACTION: By consensus (none opposed) staff was directed to research the cost related to
partially supporting the cost of an outreach publication to the Spanish
speaking community by the Sonoma County Economic Development Board.
B.PUBLIC HEARING (Noticed: May 1, 2020) Consider Approval of (1) General
Plan Amendment; (2) University District Specific Plan Amendments (3) Third
Amendment to the Vast Oak North Phase 3A Master Maintenance Agreement;
City of Rohnert Park Joint Regular Meeting Agenda for City Council May 12, 2020
RPFA/CDC Successor Agency Page 3 of 5
and, (4) Public Improvement Agreement for Vast Oak North Phase 3A Landscape
Improvements; and (5) Final Map for Vast Oaks North Phase 3A Development.
(CEQA Review: Consistent with Final EIR for the University District Specific
Plan and the Addendum to the EIR)
Planning Manager Beiswenger presented the item. Also presenting was Kevin Pohlson,
Vice President of Brookfield Homes. Recommended Action(s): Conduct a Public
Hearing and adopt the following Resolutions: 1) Resolution 2020-038 Approving
Amendments to the Land Use Map and Text of the General Plan for the University
District Specific Plan Project Located South of Keiser Avenue, West of Petaluma Hill
Road, and North of Rohnert Park Expressway; 2) Resolution 2020-039 Approving an
Amended Specific Plan for the University District Specific Plan Project located South
of Keiser Avenue, West of Petaluma Hill Road, and North of Rohnert Park
Expressway; 3) Resolution 2020-040 Approving the Third Amendment to the Master
Maintenance Agreement with University District LLC for the Vast Oak East Phase 3A
Development and Authorizing the City Manager to Execute the Agreement; 4)
Resolution 2020-041 Authorizing and Approving a Public Improvement Agreement for
the Vast Oak North Phase 3A Landscape Improvements with the University District
LLC and 5) Resolution 2020-042 Approving Vast Oak North Final Map Phase 3A and
Accepting Offers of Dedication for Public Right-of-Way, Parkland, Public Utility
Easements, Storm Drainage Easement, Sanitary Sewer Easement and Public Access
Easement.
Public Hearing Opened: 6:12 pm
PUBLIC COMMENT: None.
Public Hearing Closed: 6:38 pm
ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2020-038
Motion carried by the following unanimous 5-0-0 roll call
vote: AYES: Adams, Belforte, Stafford, Mackenzie and
Callinan, NOES: None, ABSENT: None.
ACTION: Moved/seconded (Stafford/Belforte) to adopt Resolution 2020-039
Motion carried by the following unanimous 5-0-0 roll call
vote: AYES: Adams, Belforte, Stafford, Mackenzie and
Callinan, NOES: None, ABSENT: None.
ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2020-040
Motion carried by the following unanimous 5-0-0 roll call
vote: AYES: Adams, Belforte, Stafford, Mackenzie and
Callinan, NOES: None, ABSENT: None.
City of Rohnert Park Joint Regular Meeting Agenda for City Council May 12, 2020
RPFA/CDC Successor Agency Page 4 of 5
ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2020-041
Motion carried by the following unanimous 5-0-0 roll call
vote: AYES: Adams, Belforte, Stafford, Mackenzie and
Callinan, NOES: None, ABSENT: None.
ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2020-042
Motion carried by the following unanimous 5-0-0 roll call
vote: AYES: Adams, Belforte, Stafford, Mackenzie and
Callinan, NOES: None, ABSENT: None.
7.COMMITTEE / LIAISON/ OTHER REPORTS
A.Standing Committees:
None.
B.Liaison Reports:
None.
C.Outside Agency Reports:
1.Mayors and Council Members’ Association of Sonoma County Legislative
Committee (5/1 and 5/8)
Vice Mayor Mackenzie reported on the meeting. At the request of Councilmember
Belforte, Vice Mayor will follow up on the status of AB828 at the next Mayors and
Council Members’ Association of Sonoma County Legislative Committee Meeting.
2.Sonoma Clean Power Authority Board of Directors Meeting (5/7)
Councilmember Belforte reported on the meeting.
3.Sonoma County Transportation Authority/Regional Climate Protection Authority
(SCTA/RCPA) (5/11)
Vice Mayor Mackenzie reported on the meeting.
D.Other Reports:
1.City Manager Jenkins informed that under the Heroes Act, the City of Rohnert Park
could receive over $21 million and requested Council to send a letter in support of the
Act .
8.COMMUNICATIONS
None.
9.MATTERS FROM/FOR COUNCIL
At the request of Councilmember Belforte and Vice Mayor Mackenzie, discussion of the
district election proposal sent in by FAIR-RP and any legal analysis that might have been
done will be added to a future agenda.
City of Rohnert Park Joint Regular Meeting Agenda for City Council May 12, 2020
RPFA/CDC Successor Agency Page 5 of 5
At the request of Councilmember Belforte and Vice Mayor Mackenzie a discussion of the
sale and use of safe and sane fireworks this year will be added to a future agenda.
Councilmember Adams spoke about the City’s observance of Peace Officers Memorial Day
on May 15 to commemorate Peace Officers who have lost their lives or have been disabled in
the line of duty.
10.PUBLIC COMMENT
None.
11.ADJOURNMENT
Mayor Callinan adjourned the joint regular meeting at 6:44 pm.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, Assistant City Clerk Joseph T. Callinan, Mayor
City of Rohnert Park City of Rohnert Park
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF ROHNERT PARK CITY COUNCIL
ROHNERT PARK FINANCING AUTHORITY
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION
Tuesday, May 19, 2020
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT SPECIAL
MEETING - CALL TO ORDER/ROLL CALL
Mayor Callinan called the special meeting to order at 1:00 p.m., the notice for which being
legally noticed on May 18th, 2020. There was no physical location for this meeting but the
Agenda included language on how to observe the meeting and how to submit public
comment .
Participating via Zoom Video Communications:
Joseph T. Callinan, Mayor
Jake Mackenzie, Vice Mayor
Susan H. Adams, Councilmember
Gina Belforte, Councilmember
Pam Stafford, Councilmember
S taff attending via Zoom Video Communications: City Manager Jenkins, Assistant City
Manager Schwartz, City Attorney Marchetta-Kenyon, Development Services Director/City
Engineer Pawson, D irector of Human Resources Perrault, Director of Public Safety Mattos,
Deputy Chief Bates, Lieutenant Nicks, Director of Public Works and Community Services
McArthur , Senior Code Compliance Officer Kirk, Interim Finance Manager Orozco ,
Environmental Coordinator Bennett, Information Systems (IS) Operations Manager Rowley,
Assistant City Clerk Lopez Cuevas and City Clerk Buergler.
Staff Present: Office Assistant Machado and IT Analyst Son.
2.DISCUSSION AND DIRECTION REGARDING NOVEL CORONAVIRUS
(COVID-19) RECOVERY
City Manager Jenkins and Assistant City Manager (Public Information Officer) Schwartz
presented the item. Recommended Action(s): discuss options regarding City’s road to
recovery and provide staff direction.
PUBLIC COMMENT: Assistant City Clerk Lopez Cuevas read a comment submitted by
Chris Borr.
Council received and accepted the report.
DIRECTION: By consensus (none opposed) Council directed staff to pay $1,000
to support an outreach publication to the Spanish speaking
community by the Sonoma County Economic Development Board.
Item 5.C.
City of Rohnert Park Special Meeting Minutes May 19, 2020
for City Council Page 2 of 2
DIRECTION: By consensus (none opposed) Council directed staff to add an
Update on Homelessness and contract with COTS to a future
agenda.
DIRECTION: By consensus (none opposed), upon receipt, Councilmember
Belforte will share with the Council a report from SAY (Social
Advocates for Youth) regarding youth homelessness in Rohnert
Park.
3. ADJOURNMENT
Mayor Callinan adjourned the special meeting at 1:44 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, Assistant City Clerk Joseph T. Callinan, Mayor
City of Rohnert Park City of Rohnert Park
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: May 26, 2020
Department: Administration
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Acceptance of Report – Vice Mayor Mackenzie’s appointment of Gary
Gutierrez to the Bicycle and Pedestrian Advisory Committee to fill Katie
Musick’s Term Expiring December 31, 2020 and Councilmember
Stafford’s appoint of Jeff Tatman to the Parks and Recreation Commission
fill Linda Canterbury’s Term Expiring December 31, 2022
RECOMMENDED ACTION:
Accept report of Vice Mayor Mackenzie’s appointment of Gary Gutierrez to the Bicycle and
Pedestrian Advisory Committee to fill Katie Musick’s Term Expiring December 31, 2020 and
Councilmember Stafford’s appoint of Jeff Tatman to the Parks and Recreation Commission to
fill Linda Canterbury’s Term Expiring December 31, 2022.
BACKGROUND:
In compliance with the Maddy Act (Gov’t Code § 54970, et seq.) a special vacancy notice was
posted on January 3, 2020, for the Bicycle and Pedestrian Advisory Committee. A special
vacancy notice was posted March 4, 2020, for the Parks and Recreation Commission. In order to
attract potential applicants, the City Clerk’s office distributed the notice on the website, to
various city facilities, social media sites, press, library, Chamber of Commerce, and Sonoma
County Bicycle Coalition. In addition past applicants were contacted to find out if they continued
to be interested in serving.
Two candidates submitted applications for the Bicycle and Pedestrian Advisory Committee
which were forwarded to Vice Mayor Mackenzie for consideration. One candidate submitted an
application for the Parks and Recreation Commission which was forwarded to Councilmember
Stafford.
ANALYSIS:
Per the City Council Protocols (Protocols) for City Commissions, Committees, and Boards with
five (5) members, each Councilmember shall be entitled to appoint one member.
Vice Mayor Mackenzie appointed Gary Gutierrez to the Bicycle and Pedestrian Advisory
Commission.
Councilmember Stafford appointed Jeff Tatmen to the Parks and Recreation Commission.
Item 5.D.
STRATEGIC PLAN ALIGNMENT:
Making appointments to City Committees, Commissions, and Boards supports the City’s values
of communication and collaboration and Goal A – Practice participative leadership at all levels.
FISCAL IMPACT/FUNDING SOURCE:
None.
Department Head Approval Date: NA
City Manager Approval Date: 5/21/2020
Finance Director Approval Date: NA
City Attorney Approval Date: NA
Attachments (list in packet assembly order):
1. City Council Protocols Section XI, City Commissions, Committees, and Boards
2. Completed Fact Sheet Forms
City Council Protocols Page 23 of 27
Amended 1/22/2019 by Reso. No. 2019-012
promptly communicated to each committee member. Individual committee
members will not meet with other citizens or organizations during a fact finding
process or other reason associated with the scope of the committee’s purpose
without the knowledge of all committee members.
E.Communications
Committee members are obligated to keep all members well informed via the
Council Committee and Other Reports at Council meetings, and will not
purposely harbor or keep relevant information from other members.
F.Committee Materials
Meeting agendas will be compiled by staff with input from each committee
member. Committee materials will be provided to each committee member. These
materials will be distributed to each committee member at the same time. Special
arrangements may be made with committee members who are out of town when
materials are distributed.
G.Committee Recommendations
Generally, committee members should reach agreement on findings and
recommendations to present to the City Council. When the opinions of committee
members are divergent, each member may submit his/her findings and
recommendations separately to the City Council. Although written minutes of
each committee meeting are not required, committee findings and
recommendations should be presented to the City Council in a written document.
H.Staffing
Councilmembers assigned to committees will observe the City Council Protocols
regarding staff assignment of duties. Only the City Manager will assign staff to
committees for the purposes of administrative services, to attend committee
meetings, and to assist with committee presentations to the City Council.
XI.CITY COMMISSIONS, COMMITTEES, AND BOARDS
A.Appointments to City Commissions, Committees, and Boards
The following procedures will be used in considering appointments by the City
Council to the various City commissions, committees, and boards which extend
for a term in excess of six (6) months:
1.All persons interested in being considered for service on a City board,
commission, or committee must have on file with the City an application
(fact-sheet) or request for reappointment indicating an interest in serving.
2.For City commissions, committees, and boards with five (5) members, each
Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards not divisible by five (5) shall be
selected by the Council as a whole on an “at-large” basis.
Attachment 2
City Council Protocols Page 24 of 27
Amended 1/22/2019 by Reso. No. 2019-012
3. At-large nominees must receive a majority vote of the City Council
membership in order to be appointed.
4. Nominations/appointments are made on a rotation basis. Rotation order is by
seniority, based on 1) the date first elected to City Council to present
continuous period of service and 2) the number of votes received in the event
of a tie in period of service. In circumstances in which two members have the
same tenure on the City Council, the number of votes received in the election
determines the position in the sequence, with the Councilmember receiving
the highest number of votes being first. If a Councilmember is appointed to
fill a mid-term vacancy, that Councilmember will go to the bottom of the
rotational list. The City Clerk shall keep a record of the appointments and the
Councilmembers’ rotation order. The rotation order shall stay intact for future
appointments unless amended or rescinded.
5. Whenever an appointed member of a commission, committee, or board
vacates a term of office, the Councilmember who nominated/appointed said
person, or the Councilmember’s successor in office, shall be entitled to make
the appointment to complete the term of office.
6. Whenever a vacancy occurs on a City commission, committee, or board, the
City Clerk shall post a notice of the vacancy notifying the public of the
vacancy to be filled and the date that applications will be considered to fill the
vacancy in compliance with the Maddy Act.
7. The City Council may establish committees, commissions, boards, or other
taskforces with a nomination/appointment process as the Council deems
appropriate.
B. Policy for Service on City Commissions, Committees, and Boards
1. Attendance
Members of commissions, committees, and boards are expected to attend
meetings on a regular and consistent basis. An automatic vacancy shall occur on a
commission, committee, or board if a member is absent from three (3)
consecutive regular meetings without cause. Cause means “illness or other
unavoidable circumstance of which the chair of the board, commission or
committee is notified prior to the meeting.” The chair of the commission or
committee shall notify the City Manager promptly of all absences that are excused
for cause.
2. Removal
Each member of a board, commission, or committee created and appointed by the
City Council serves at the pleasure of the City Council. Any Councilmember may
bring forward a proposal to remove a board, commission, or committee member.
Three (3) affirmative votes of the City Council are required to remove a member
of a board, commission, or committee.
City Council Protocols Page 25 of 27
Amended 1/22/2019 by Reso. No. 2019-012
3. Role
Most commissions, committees, and boards established by the City Council are
advisory to the City Council. The role of all such commission, committee, or
board is to make recommendations to the City Council on matters affecting the
City of Rohnert Park. Except as otherwise provided in state or local law,
commissions and committees have no independent role separate and apart from
their role as advisory to the City Council. Commissions, committees, and boards
have no authority to appropriate funds or make policy except as otherwise
approved by the City Council.
4. Conflict of Interest
All members of commissions, committees, and boards shall abide by the
provisions of the Political Reform Act of the State of California and provisions of
the common law relating to conflicts of interest.
XII. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Councilmember, the City Council
will fill the vacancy by appointment or special election in accordance with the
procedures set forth in Government Code section 36512.
XIII. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City
Hall, is for the use of the City Council, Planning Commission, other City Council
advisory bodies, and other groups and committees of the City and such other
intergovernmental or citizens groups as the City may convene.
B. A calendar of use shall be maintained by the City Clerk’s office, and all requests
for use should be regularly calendared or scheduled through that office.
C. The City Council Chamber shall not be used for political or commercial purpose
except as outlined in the following paragraph:
D. The City shall allow the use of the Council Chamber for the conduct of election
forums, whether for city, county, state, or national offices/ballot measures under
the following circumstances:
1. When the forum is sponsored by a 501(c)(3) non-profit agency, a legitimate
non-partisan group, or a governmental agency.
2. When all candidates for that public office have been invited to participate, and
a majority of the candidates have indicated that they will do so. (Candidates’
forum only.)
3. When the event is chaired and moderated in an impartial and objective way
which is fair to all candidates/ballot measures.
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ITEM NO. 5.E.
1
Meeting Date: May 26, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Vanessa Marin Garrett, Deputy City Engineer
Agenda Title: Adopt a Resolution Authorizing the City Manager to Execute a
Maintenance Agreement with DC Electric Group, Inc., a Commercial
Electrical Contractor and Related Actions
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute a Maintenance Agreement with
DC Electric Group, Inc., a Commercial Electrical Contractor and related actions.
BACKGROUND:
The County of Sonoma, the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park and
Sebastopol and the Town of Windsor, have historically worked together to contract for traffic
signal maintenance. This arrangement provides the County and smaller cities with specialized
technical services and the ability to coordinate traffic signal operation across jurisdictional lines.
Historically the County has procured a master contract and the cities and town have used that
procurement process as the basis for their contracts.
In March 2020, Sonoma County issued a Request for Proposals for traffic signal maint enance
and other routine signal-related items for the County. The proposal requested the following
services:
-Traffic and pedestrian signal maintenance
-Emergency response services for signal related issues
-Underground utility location services
The County received one proposal, from DC Electric Group, Inc. (DC Electric) and has
negotiated a contract with the proposer. The City’s current agreement for traffic signal
maintenance with DC Electric has expired. After reviewing the proposal submitted in response to
Sonoma County’s RFP, staff has determined that DC Electric is also qualified to continue
performing the City’s work. Historically, staff have been satisfied with DC Electric’s
responsiveness to City needs under their existing contract and is comfortable from a performance
standpoint. In addition, staff believes that it would be in the City’s best interest to maintain the
same electrical contractor as the County and majority of other cities in the area in order to
facilitate coordination. This is especially important because the City shares borders with the
County and the City of Cotati and coordinated operation benefits regional traffic flow.
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. 5.E.
2
Finally, DC Electric staff have been heavily involved with the City’s Advance Traffic
Management System, and staff will continue to need their expertise with maintaining the traffic
signal infrastructure. Staff has also confirmed that DC Electric would pass along the same
competitive pricing that is in the Sonoma County proposal. The City’s purchasing policy
expressly authorizes purchasing directly from a vendor at a price established by competitive
bidding by another public jurisdiction that is in substantial compliance with the City’s
competitive procurement requirements. The DC Electric procurement is consistent with this
provision of the City’s purchasing policy.
ANALYSIS:
Staff and the City Attorney’s office have worked to develop an updated maintenance agreement
for DC Electric that includes all the traffic signals and control devices that the City currently now
maintains. The traffic signal infrastructure covered by the proposed contract is illustrated in
Attachment 1 and a complete list is outlined in Resolution Exhibit A. This infrastructure includes
recent additions to the City’s system such as:
• Traffic signals at Rohnert Park Expressway and Karrington, Kerry and Knight Road
(installed with the University District development)
• CalTrans signals at US 101 South and Rohnert Park Expressway, US 101 North and
Rohnert Park Expressway and US 101 South and Golf Course Drive, which the City
operates and maintains in order to run its Automated Traffic Management system
Pedestrian rectangular rapid flashing beacons at Seed Farm Drive at Copeland Creek (2
crossings), Seed Farm Drive at Enterprise Drive, Rosanna Drive and Snyder Lane, Rohnert Park
Expressway at the SMART crossing and Southwest Blvd at the SMART crossing. The proposed
term of the contract is for three years and the annual cost for base services is $150,000 per year.
The contract includes provisions for emergency work at fixed hourly rates and these rates are the
same competitive rates that were negotiated through Sonoma County’s procurement process.
ENVIRONMENTAL ANALYSIS:
Approval of the Maintenance Agreement would be exempt under the California Environmental
Quality Act, as the work contemplated under the Maintenance Agreement would be exempt
under CEQA Guideline 15301. The work consists of only minor alterations, repair, and
maintaining operations to existing infrastructure.
OPTIONS CONSIDERED:
1. Approve the proposed Maintenance Agreement with DC Electric. This option ensures that
the City and DC Electric have established appropriate terms and conditions for the
additional infrastructure being added to the City.
2. Do not approve the proposed Maintenance Agreement with DC Electric and conduct an
independent proposal process (not recommended). The County has already conducted a
proposal process and selected a qualified contractor with competitive rates. The City’s
purchasing policy allows the City to take advantage of this effort to secure a qualified
contractor, with strong experience in the City and surrounding jurisdictions. Conducting a
separate procurement process is unlikely to result in a different outcome or better value for
the City.
ITEM NO. 5.E.
3
3. Do not approve the proposed Maintenance Agreement with DC Electric and direct staff to
perform the work (not recommended). Staff does not have the capacity to perform the
routine maintenance required on the traffic signals, and needs support from an outside
consultant to perform this work. DC Electric’s rates are competitive and the staff is
unlikely to be able to perform the proposed work for $150,000 per year.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with Strategic Plan Goal C (ensure effective delivery of public services)
and Strategic Plan Goal D (continue to develop a vibrant community). This action provides for
the maintenance of public infrastructure that is required in order to keep traffic signals
operational throughout the city.
FISCAL IMPACT/FUNDING SOURCE:
The direct fiscal impact of this action is $150,000 per year for the next three years. Additional
emergency costs may be incurred. Funding for this contract is included in the operating budget
for the Public Work Department and is ultimately covered by gas tax revenue. Public Work’s
budget includes both the base contract cost and a contingency allowance for emergency work,
based on the historic need for this type of work. .
Department Head Approval Date: 05/14/20
City Attorney Approval Date: 05/08/2020
Finance Manager Approval Date: 03/27/2020
City Manager Approval Date: 05/19/2020
Attachments (list in packet assembly order):
1. Signal and Infrastructure Location Map
2. Resolution Authorizing the City Manager to Execute a Maintenance Agreement with DC
Electric Group, Inc., a Commercial Electrical Contractor and related actions.
3. Resolution Exhibit A – Proposed Maintenance Agreement
RIV #4824-4351-8762 v1
Attachment 1
RESOLUTION NO. 2020-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT WITH DC ELECTRIC GROUP, INC., A COMMERCIAL ELECTRICAL
CONTRACTOR AND RELATED ACTIONS
WHEREAS, in March 2020, Sonoma County issued a Request for Proposals (RFP) for
traffic signal maintenance and other routine signal-related items for the County and received one
proposal, from DC Electric Group, Inc. (DC Electric); and
WHEREAS, staff has reviewed DC Electric’s proposal in response to the RFP and
determined that they are also qualified to perform City traffic signal maintenance work; and
WHEREAS, staff has also confirmed that DC Electric would pass along the same
competitive pricing that is in the Sonoma County proposal; and
WHEREAS, staff recommends awarding a contract to DC Electric to maintain the City’s
traffic infrastructure for the following reasons:
• DC Electric has been the selected contractor for 7 other agencies in Sonoma
County, and consistency to operate and maintain traffic infrastructure similar to the
rest of the County is in the best interest of the City;
• DC Electric is the only contractor with the knowledge of the City’s Advanced
Traffic Management System to be able to assist staff in the capacity that’s needed
to operate that system; and
• The City’s procurement policy authorizes purchasing directly from a vendor at a
price established by competitive bidding by another public jurisdiction that is in
substantial compliance with the City’s competitive procurement requirements.
WHEREAS, the current maintenance agreement with DC Electric has expired and since
initial contract implementation, several signals and rectangular rapid flashing beacons for
pedestrians have been added to the City’s assets, and a new contract with updated language and
service locations is appropriate; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between DC Electric, a
commercial electrical contractor, and the City of Rohnert Park, a municipal corporation, for the
services as shown in Exhibit “A”, subject to minor modifications by the City Manager or City
Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize the City Manager to execute the Maintenance Agreement with DC Electric,
Inc.
BE IT FURTHER RESOLVED that the items contemplated in the Maintenance
Agreement are exempt under CEQA Guideline 15301, as the work consists of only minor
alterations, repair, and maintaining operations to existing infrastructure.
Resolution 2020-044
2
DULY AND REGULARLY ADOPTED this 26th day of May, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, Assistant City Clerk,
On behalf of JoAnne M. Buergler, City Clerk
Attachment: Exhibit A
ADAMS: _________ BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
OAK #4834-2996-8824 v1
DRAFT 3/30/20
AGREEMENT FOR
MAINTENANCE SERVICES AND
EMERGENCY REPAIRS
Between
THE CITY OF ROHNERT PARK,
a municipal corporation
and
DC Electric Group Inc.,
a commercial electrical contractor
Dated: ___________________
OAK #4834-2996-8824 v1
DRAFT 3/30/20
AGREEMENT FOR
MAINTENANCE SERVICES
This Agreement for Maintenance Services (“Agreement”) is entered into as of the date
referenced on the cover page (“Effective Date”) between the City of Rohnert Park, a municipal
corporation (“City”) and ____________________________ (“Contractor”) (collectively the
“Parties”). In consideration of the mutual promises and covenants made by the parties and
contained here and other consideration, the value and adequacy of which are hereby acknowledged,
the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term
of this Agreement is for 3 years commencing on the Effective Date (“Term”).
1.2 Contractor Services. Subject to the terms and conditions of this Agreement,
Contractor agrees to perform for City those maintenance services specified in the Scope of Services
attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”).
Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and adequately perform
and complete the Services. The Services shall be subject to inspection and approval by City.
Contractor agrees to work closely with City staff in the performance of the Services and shall be
available to City’s staff and consultants at all reasonable times. If the Agreement is extended beyond
3 years, the Contractor may request an adjustment of the flat rate, labor, and Equipment costs
specified in the Exhibit B. Changes in labor or equipment costs shall not exceed the change in the
Consumer Price Index (CPI) since the immediately preceding amendment to such rates. The CPI to
be used in rate adjustments shall be the all Urban Consumers (1982-84=100) for the San Francisco-
Oakland-San Jose, California area as published by the United States Department of Labor Statistics.
The Contractor and the City, may by mutual agreement, amend the Exhibit B, provided, however, no
more than one amendment may be made in each schedule in any calendar year. Increases due to
the cost of Contractor’s general liability insurance may be negotiated and approved by City when said
increases are properly documented by Contractor.
1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in
connection with its performance of this Agreement, which are in addition to or outside of the Services
(“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to
ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City
in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section
9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated
to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.4 General Warranty. Contractor warrants all Services under this Agreement (which for
purposes of this Section shall be deemed to include unauthorized Extra Work which has not been
removed and any non-conforming materials incorporated into the Services) to be of good quality and
free from any defective or faulty material and workmanship. All warranties and guarantees of
subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether
express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of
whether or not such warranties and guarantees have been transferred or assigned to City by
separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary,
on behalf of City.
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1.5 Repair of Defects. Contractor agrees that for a period of one (1) year from and after
final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or
supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall
within ten (10) days after being notified in writing by City of any defect in the Services or
non-conformance of the Services, commence and prosecute with due diligence all work and services
necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor
shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or
materials damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to
correct defective Services shall be reinstated for an additional one year period, commencing with the
date of acceptance of such corrected Services. Contractor shall perform such tests as City may
require to verify that any corrective actions are adequate to remedy the defective condition. In the
event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction
of City, then City shall have the right to correct and replace any defective, non-conforming, or
damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City
for any expenses incurred hereunder upon demand.
1.6 Contractor’s Representative. Contractor hereby designates the representative named
in Exhibit “C” [Representatives], or his or her designee, to act as its representative for the
performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall
have full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her
best skill and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the
compensation set forth in Exhibit “B” [Compensation] attached hereto and incorporated herein by
reference. Total compensation to Contractor for the Services shall not exceed the total price or “not
to exceed” amount set forth in Exhibit “B,” without the prior written approval of City in accordance with
Section 8.11 [Amendments] and Section 8.20 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as
specified in Exhibit “B”) invoices together with an itemized statement of Services provided. The
statement shall describe the Services provided, the percent of work completed by item, together with
such other reasonable detail and supporting documentation as may be required by the City Manager,
or his/her designee. City will review the statement and pay, with the exception of any charges for
work performed or expenses incurred by Contractor which are disputed by City, within 30 days of
receiving such statement, all approved charges thereon. Payment to Contractor for work performed
pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
2.3 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If
such appropriations are not made, this Agreement shall automatically terminate without penalty to
City.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor. Contractor agrees
that all Services shall be performed by Contractor or under its supervision. The personnel performing
the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s
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exclusive direction and control. Contractor will determine the means, methods and details of
performing the Services subject to the requirements of this Agreement. Contractor is and shall at all
times remain a wholly independent contractor and not an officer, employee or agent of City.
Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or
liability of any kind on behalf of or against City, whether by contract or otherwise, unless such
authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by
City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights
to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.
Contractor expressly waives any claim Contractor may have to any such rights.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be
performed in a skillful and competent manner, consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. Contractor
represents and warrants that it, its employees and subcontractors shall have sufficient skill and
experience to perform the Services and that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without
reimbursement from the City, any work necessary to correct errors or omissions that are caused by
the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting the performance of
the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Contractor shall be liable for all violations of such laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to
avoid injury or damage to any person or property and shall otherwise exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the
provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered
apprentices upon public works.
3.6.2 Hours of Work. To the extent applicable, Contractor shall comply with the legal
days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 Payroll Records. In accordance with the requirements of Labor Code Section
1776, Contractor shall keep accurate payroll records which are either on forms provided by the
Division of Labor Standards Enforcement or which contain the same information required by such
forms. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the
requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “Public Works” and
“Maintenance” projects. If the Services are being performed as part of an applicable “Public Works”
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or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall
make copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies at
the Contractor’s principal place of business and any location where the Services are performed.
3.6.5 Indemnity from Wage Determination. In addition to the General Indemnity
provided in Section 4 of this Agreement, Contractor expressly agrees to and shall indemnify, defend,
and hold City, its elected and appointed officials, officers, agents, servants, employees, attorneys and
contractors harmless from and against any Action (including, but not limited to any inquiry,
investigation, wage determination, or other Action by the California Department of Industrial Relations
or any Division thereof), claim liability, loss, damage, entry, costs, or expenses (including, but not
limited to attorney fees, expert fees, and court costs) which arises out of, or is in any way connected
to, compliance with California’s Prevailing Wages Laws with regard to this Agreement.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the
provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§ 1101, et seq., as amended,
and in connection therewith, shall not employ unauthorized aliens as defined therein.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence of City, Contractor expressly agrees to,
and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees,
agents, and contractors harmless from and against any Action, liability, loss, damage, entry,
judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any
act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected
with the performance or failure to perform under this Agreement, notwithstanding that City may have
benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or
omissions, willful misconduct or negligent conduct, whether active or passive, on the part of
Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or
omissions in any way related to, the release, treatment, use, generation, transportation, storage, or
disposal in, on, under, to, or from the location at which work under this Agreement is performed of
any Hazardous Substances by Contractor or its officers, directors, employees, agents, and
subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or
makes to, or on behalf of, an injured employee under City’s workers’ compensation or other
insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not
be responsible for any acts, errors or omissions of any person or entity except City and its officers,
agents, servants, employees or contractors. The Parties expressly agree that the obligations of
Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal,
equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial),
arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other
alternative dispute resolution process, and the filing, recording, or service of any process, notice,
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claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the
Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall
mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred
by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not
limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs,
special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both
lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses,
the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances”
shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever
which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the
Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C.
§9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource
Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control
Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide,
Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization
Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water
Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface
Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and
Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act,
29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code
(“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the
California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the
Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-
Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste
Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and
Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code
§13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever
which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other
federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to
its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate
records with respect to all expenses incurred under this Agreement. Any and all such documents or
records shall be maintained in accordance with generally accepted accounting principles and shall be
sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by
Contractor pursuant to this Agreement. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
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data, documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement. At no cost to City, Contractor shall provide
copies of such documents or records directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Contractor’s address indicated for receipt of notices in this
Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents
prepared, developed or discovered by Contractor in the course of providing the Services shall
become the sole property of City and may be used, reused or otherwise disposed of by the City
without the permission of the Contractor. Upon completion, expiration or termination of this
Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this
Agreement, Contractor will maintain insurance in conformance with requirements established by City
for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of
this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which
are attached hereto as Exhibit “D” [Insurance]. Contractor acknowledges that the insurance coverage
and policy limits provided by City constitute the minimum amount of coverage required. Any
insurance proceeds in excess of the limits and coverage required in this Agreement and which are
applicable to a given loss, will be available to the City.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any
other party involved in the performance of the Services by Contractor, provide the same minimum
insurance coverage required of Contractor. Contractor agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable
amendments to the insurance requirements of this section, with the written concurrence of the
Finance Director or Risk Manager, in accordance with Section 8.20 [Administration and
Implementation] after considering the Scope of Services, potential liabilities, and the required level of
insurance to adequately protect the City.
SECTION 7. TERMINATION.
7.1 Termination by City. City may, by written notice to Contractor, terminate with or
without cause, and without any prior notice of default or right to cure by Contractor, the whole or any
part of this Agreement at any time and by giving written notice to Contractor of such termination, and
specifying the effective date thereof, at least five (5) days before the effective date of such
termination. Upon termination, Contractor shall be compensated only for those non-disputed
Services that have been adequately rendered to City, and Contractor shall be entitled to no further
compensation.
7.2 Termination by Contractor. Contractor may, by written notice to City, terminate this
Agreement based upon City’s failure to timely cure a default under this Agreement as provided
herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written
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notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the
default. Should City timely cure such default, the Agreement shall not be subject to termination.
Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement
by issuance of written notice to City.
SECTION 8. GENERAL PROVISIONS
8.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either
directly or by operation of law, this Agreement or any interest herein without the prior written consent
of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
8.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may
arise out of the nature of the Services agreed to herein, or from the action of the elements, or from
any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until
the same is fully completed and accepted by City.
8.3 Time is of Essence. Time is of the essence in the performance of this Agreement and
each of its terms.
8.4 Liquidated Damages For Emergency Response. The Parties agree that City has a
legitimate interest in ensuring that Contractor provides the Services (including performance of all
duties and responsibilities) required under this Agreement in a consistent and reliable manner. The
Services under this Agreement include emergency maintenance and repair work that may impact the
operations of the City and the health, safety and general welfare of the public, where a delay in
performance, failure to timely provide such Services or to provide them in an inadequate manner will
cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain
and determine the exact amount of damages or to calculate actual damages. Therefore, in addition
to City’s right to treat such non-performance as a material breach of, and to terminate, this
Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable
estimate of the monetary damages that reasonably could be anticipated and that proof of actual
damages would be costly or impractical. The Parties specifically confirm the accuracy of the
statements made above and the fact that each Party has had ample opportunity to consult with legal
counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement
was made. Therefore, in lieu of actual damages, Contractor agrees to pay to the City, not as a
penalty but as liquidated damages, the amount of $500 for each hour or fraction thereof for
Contractor’s delay in performance beyond the one hour period provided for in Task 10 of the Scope of
Work for Emergency Call response. City may, at its election, deduct any assessed liquidated
damages from payment due, or that will become due, to Contractor from City.
8.5 Excusable Delays. Contractor shall not be liable for damages, including liquidated
damages, if any, caused by delay in performance of failure to perform due to causes beyond the
control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public
enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics,
strikes, embargoes, and unusually severe weather.
8.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and
shall take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of the Agreement.
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8.7 Governing Law. This Agreement shall be interpreted, construed and governed
according to the laws of the State of California. In the event of litigation between the parties, venue in
state trial courts shall lie exclusively in the County of Sonoma. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Northern District of California.
8.8 Integration. This Agreement, including the attached Exhibits “A” through, is the entire,
complete, final and exclusive expression of the parties with respect to the matters addressed therein
and supersedes all other agreements or understandings, whether oral or written, or entered into
between Contractor and City prior to the execution of this Agreement. No statement, representation
or other agreement, whether oral or written, made by any party which is not embodied herein, shall be
valid and binding.
8.9 Severability. If a term, condition or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be read and
construed without the invalid, void or unenforceable provision(s).
8.10 Prohibited Interests. Contractor represents and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement.
8.11 Amendments. No amendment to or modification of this Agreement shall be valid
unless made in writing and approved by Contractor and City. The City Manager shall have the
authority to approve any amendment to this Agreement if the total compensation under this
Agreement, as amended, would not exceed the City Manager’s contracting authority under the
Rohnert Park Municipal Code. All other amendments shall be approved by the City Council. The
Parties agree that the requirement for amendments or modifications to be in writing cannot be waived
and that any attempted waiver shall be void.
8.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any
right or obligation assumed by the Parties.
8.13 Delivery Of Notices. All notices required or permitted to be given under this
Agreement shall be in writing and shall be given to the respective parties at the addresses listed in
Exhibit “C”, or at such other address as the respective parties may provide in writing for this purpose.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours
after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable
address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
8.14 Binding Effect. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Parties.
8.15 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of
this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the
provisions of this Agreement.
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8.16 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is
required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation
or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and
Expenses, in addition to any other relief to which it may be entitled.
8.17 Subcontracting. Contractor shall not subcontract any portion of the Services, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain
provisions making them subject to all provisions of this Agreement, and specifically listing those
provisions requiring indemnification of the City and maintenance of insurance.
8.18 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
8.19 Authority To Execute. The person or persons executing this Agreement on behalf of
Contractor represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Contractor to the performance of its obligations hereunder.
8.20 Administration and Implementation. This Agreement shall be administered and
executed by the City Manager or his or her designated representative. The City Manager shall have
the authority to issue interpretations and to make amendments to this Agreement, including
amendments that commit additional funds, consistent with Section 8.11 [Amendment] and the City
Manager’s contracting authority under the Rohnert Park Municipal Code.
8.21 Additional Work; Use of City Forces. Nothing in this Agreement shall be interpreted
to limit the authority of the City to perform any work by use of City forces, or in the alternative, to
procure such work from an alternate contractor.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF ROHNERT PARK DC ELECTRIC GROUP, INC.
________________________________ ______________________________
Darrin Jenkins, City Manager (Authorized Officer)
APPROVED BY RESOLUTION ___________
ON ________________ of _______________
Title____________________________
ATTEST: Print Name: _____________________
________________________________
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
Scope of Services
PROJECT MANAGER FOR THE CITY: All questions and requests for the City
shall be directed to Vanessa Garrett for timing, coordination, and invoicing, 707-
588-2251, and Tom Kelley for maintenance, repair, and invoicing, 600 Enterprise
Drive, Rohnert Park, 707-588-3312.
PROJECT MANAGER FOR CONTRACTOR: All questions and requests for
Contractor shall be directed to Tim Carter, Project Manager, 605 W. Sierra
Avenue, Cotati, CA 94931, 707-992-0141 office, 707-484-6128 cell,
Tim@DCElectricgroup.com.
SCOPE OF WORK: Provide comprehensive traffic signal maintenance and repair
program that provides performance, reliability, and the functional requirements
necessary to achieve a high quality of intersection operation. Traffic signal
maintenance and repair program is essentially the preventative and responsive
activities taken to preserve traffic signal infrastructure and control devices
necessary for the safe and efficient utilization of arterial and local roadways.
While enhancing public perception and experience, program is designed to
maximize safety and minimize delay.
A traffic signal includes, but is not limited to: traffic signal controller and cabinet
and all appurtenant equipment, service cabinet, flashing beacons related to traffic
signal operations (i.e. advanced warning beacons), pedestrian and vehicle
signals, detector systems, video detection camera systems, CCTV camera
systems, wireless vehicle detection system, interconnected cable ( copper and
fiber optic), wireless communications equipment, traffic signal communications
equipment, emergency vehicle preemption system, uninterrupted power supply
system, intersection safety lighting, internally illuminated street name signs,
battery backup systems, railroad interface panels and devices.
All calls, other than Emergency Calls as defined in Task 10, shall be responded
to by Contractor within 24 hours unless another mutually agreed upon time is
determined in writing by the City and Contractor, or another timeframe is
expressly set forth in this Exhibit.
Task 1: Preventative Maintenance
Performance shall include all work associated with the complete maintenance
and operation of the traffic signals and associated systems within the City of
Rohnert Park, per “Attachment 1: List of Traffic Signal Devices and Map,” and
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“Attachment 2: Preventative Maintenance Schedule.” Furnish and have readily
available all tools, equipment, apparatus, facilities, labor, services and materials
and perform all work necessary to maintain each traffic signals owned by the City
of Rohnert Park. Regular preventative field maintenance and emergency repair
services at signalized intersections locations within the City of Rohnert Park. An
advanced schedule for all maintenance inspections submitted at the inception of
the contract for City’s approval. Maintain readily available paper and electronic
copies of all preventive maintenance checklists specific to the infrastructure at
each location, and provide to the City monthly. The full results of traffic signal
conflict monitor field tests performed will also be provided. All preventative
maintenance and repair shall be performed in accordance with MUTCD
standards, City Standards and Specifications & Caltrans Standard Specifications.
All preventative maintenance work will be performed at per the rates provided in
“Exhibit 2: Schedule of Proposed Fees.”
Task 2: Routine Maintenance and Repair
Additional routine maintenance and repair services as requested by the City that
does not fall within services specified in Attachment 2 will be performed on a time
and materials basis per the rates provided in “Exhibit B: Schedule of Proposed
Fees.” Such work shall require prior approval in writing by the City, otherwise
such work shall be performed at Contractor’s sole risk. At the request of the City,
a quote or informal bid shall be submitted for approval prior to commencement of
said work.
Task 3: Traffic Signal Control Equipment
Contractor shall repair, replace or otherwise render in good working order any
and all defective parts of the traffic signal control equipment with like make and
model parts for temporary and permanent replacements, except as individually
agreed upon by City of Rohnert Park staff.
Task 4: Spare Equipment
The Contractor shall maintain adequate storage and shop repair facilities to
perform the Agreement, including sufficient stock of spare parts, standby
controller and signal equipment to effect permanent repairs to the system within
a thirty day (30) period. Failure to achieve effective permanent repairs within this
time limit may be sufficient cause for the City to authorize repairs to be
completed by others. Repetitive failure shall be sufficient cause to the City to
terminate the Agreement.
The Contractor shall be responsible for furnishing all spare standby controllers
necessary to maintain the continued safe, efficient operation of the signal system
whenever the original unit is withdrawn for maintenance, repair or modification.
Standby controllers shall be fully compatible with the City’s traffic control system
without exception. All component parts (detectors, load switches, communication
devices, lights, signal monitors, etc.) of each system shall be maintained at all
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times to perform the functions for which they were designed unless authorized to
the contrary by City staff.
When convenient and cost effective to City staff, the Contractor agrees to use
City furnished materials.
Task 5: Vehicle Signals
All new installed lamps shall be in compliance with the latest MUTCD standards
for vehicle faces and signal heads. The Contractor shall replace and repair
vehicle signals as they malfunction.
Any existing LED vehicle signal head shall be considered malfunctioning if
luminosity is low as a result of an LED failure or no longer meets minimum
Caltrans standards and measurement criteria for LED traffic signal modules.
When convenient and cost effective for City Staff, the Contractor agrees to use
City furnished materials.
Task 6: New Traffic Signal Installations
Contractor shall maintain any additional traffic signals and appurtenant devices
as they are installed, or become a part of the maintenance requirements of the
City.
Prior to the turn-on of a new signal installation or major signal upgrade,
Contractor shall perform an inspection on the signal installation, monitor the
flashing-out of the new signal heads, and review the new traffic control
equipment operation prior to full activation of the new signal system.
Task 7: Pedestrian Signals
All new installed pedestrian signals shall be count-down LED with audio as
standardized by City standards. The Contractor shall replace or repair pedestrian
signals as they malfunction.
When convenient and cost effective for the City, the Contractor agrees to use
City furnished materials.
Task 8: Warranty Service
During the period of warranty, the Contractor is expected to cooperate with the
City staff and assist in all communication between manufacturer, installing
contractor, and staff regarding any warranty service. Contractor shall notify staff
of any undue delays in response by the manufacturer or installing Contractor and
details of each incident.
Task 9: Electronic Record System
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The contractor shall supply and make operational a windows-based
computerized maintenance and inventory management system accessible by the
City and Contractor that at a minimum has the following features:
Intersections: A complete database of signalized intersections including all
routine maintenance histories, complete equipment inventory, electronic photo
images, repair history, conflict monitor testing, opticom testing, loop testing as
installed, battery back-up, and installation date of all equipment utilized at each
location.
Assets: Asset inventory, maintenance/ repair history and real-time available
inventoried replacement parts, current status of reordered equipment and
inventory tracking.
Preventative/ Emergency Maintenance: A record of all calls, date and time stamp
of: moment of receipt, dispatch, contractor arrival and departure. All records shall
have a description of the problem and repairs made. All records shall be updated
by the contractor and made available to the City upon request.
The electronic record management system shall be fully operational within 30
days of award of contract. Upon completion of the contract, the City, at its option,
may retain possession of the database for future use related to the City’s traffic
signal maintenance management inventory. This option will be at no cost to the
City.
Task 10: Emergency Services
Contractor shall provide emergency service response to Emergency Calls at all
times during the term of this Agreement (24-hours per day, 365 days per year,
including all holidays). Contractor shall maintain a single local telephone where
they can be reached twenty-four (24) hours per day. This telephone number shall
be made available to all persons designated by the City. All personnel for
Contractor that may be dispatched in response to an Emergency Call shall have
continuous communication access through two-way radio, pager, and/or cellular
phone.
The Contractor shall provide a response for initial evaluation, safety, and clean-
up tasks for all Emergency Calls, as designated in this task, within one (1) hour.
In all cases of major malfunction and/or damage, the Contractor shall contact
City staff to receive further direction.
The Contractor shall respond within one (1) hour after the City has first notified
the Contractor’s representative of the following events, which shall be considered
an “Emergency Call” for the purposes of this Agreement:
1. Any signal controller malfunction
2. Signal equipment knockdowns
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3. Other situations that are potentially hazardous to public safety as
determined by the City, provided the City notifies Contractor that an
emergency response is required for such situation.
The replacement of burn-out lamps shall not be considered an Emergency Call
so long as there are two remaining signal phase indications still in operation and
the replacement of such burn-out lamps is completed by Contractor within twelve
hours.
Contractor shall notify City Project Manager immediately of any change in traffic
signal operations.
Emergency Calls that require replacement of equipment will require approval
from the City before replacement of equipment is commenced.
Upon completion of emergency work, the Contractor shall notify the City that the
emergency work has been completed. Notification shall be by phone call to City
project manager.
Task 11: Records
11.1 Intersection Records
Inventory List: at each intersection the Contractor shall maintain a printout
of the inventory list for that intersection. This list shall be updated when
components are changed during maintenance and shall be checked for
accuracy on a semi-annual basis. The inventory list shall include the
model, manufacture, serial number, and quantity of each piece of
equipment. The inventory list shall be continually updated and an
electronic copy shall be furnished to the City on a semi-annual basis.
The contractor shall create and provide a MS Access or approved equal
database with data entry forms for the field technicians to use to log
preventative maintenance and emergency call-out activity. The Contractor
shall maintain this database for use by staff. The Contractor shall maintain
a hardcopy of the preventative maintenance checklist form at each
intersection, and it shall be completely filled out.
11.2 Monthly Activity Log
The Contractor shall provide a computerized monthly activity report to the
City by the fifteenth day of each month for the previous month. The report
shall be emailed and shall include the following:
a. Time the service calls were received by Contractor, time arrived
at intersection, the response time, the technician name, the number
of hours spent for each repair and equipment replaced
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b. A complete record of all work that was performed on the City
traffic signal equipment during the previous month including the
make, model, and serial number of any major components or other
equipment that was newly installed at each intersection. The
disposition of removed signal control components and the repair
history of reinstalled components shall be included in the monthly
report.
c. Time and date the PM work was performed
11.3 Pending Repair List
The Contractor shall provide a computerized monthly report, to the City by
the fifteenth day of each month, of all pending repair work needed at each
intersection. This report shall be broken down by intersection and be
separate from the Monthly Activity Report.
Task 12: Meetings
The Contractor’s technician shall be available to meet with the City as needed at
a mutually agreed upon time and place in the City to review maintenance
activities. The Contractor’s maintenance supervisor shall be similarly available to
meet with the City on a monthly basis or as needed.
Task 13: Underground Utility Location Services
The Contractor shall provide location and mark services as may be requested by
City. The Contractor shall have 48 hours (or two full business days) from
confirmed receipt of the request from the City to locate and mark the known
electrical facilities in the specified work area.
Contractor shall also accommodate urgent or short-notice requests to the best of
its ability provided that City staff follow up with a telephone call to confirm receipt
of the associated e-mail and/or fax.
Contractor shall attempt to accurately locate all underground facilities in the
specified work area designated by the City. Contractor shall comply with all
legally required or otherwise appropriate safety requirements, and shall not use
any method other than hand-digging to expose electrical facilities.
Task 14: Advanced Traffic Management System
Contractor shall provide assistance to the engineering department as it pertains
to troubleshooting the traffic management system.
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Attachment 1
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Attachment 2
Preventative Maintenance Schedule
Contractor’s preventative maintenance shall include all items in the California
Department of Transportation Maintenance Manual: Chapter K; HM4K Electrical work at
intervals as indicated in the manual, as well as all items listed below. The contractor
shall perform the below specified Monthly Preventative Maintenance inspections and
corrective work every month. Additionally, for the following signals, the maintenance
requirements shall conform to the executed Delegated Maintenance Agreement
effective October 10, 2019 between the City of Rohnert Park and the State of California
Department of Transportation and any subsequent amendments made:
1. Rohnert Park Expressway and Highway 101 SB
2. Rohnert Park Expressway and Highway 101 NB
3. Golf Course Drive and Highway 101 SB
Monthly Preventative Maintenance:
Contractor shall perform the monthly maintenance activities identified in paragraphs 1
through 7 of all infrastructure listed in Attachment 1, and shall submit a summary report
monthly.
1. Controller Cabinet
• Test and Check ground fault receptacle(s)
• Observe the general appearance of the cabinet, noting any rust or other signs of
deterioration and complete / recommend repair work if needed
• Inspect door gasket condition and replace if necessary
• Inspect door lock operation and replace if necessary Operate and inspect
ventilation fan and cabinet light (where applicable)
• Inspect for pests in cabinet and take corrective action if needed
• Visually inspect all relays, photocells, cabinet locks, cabinet fans, switches and
make routine adjustments and repairs as necessary
• Move the fan thermostat setting and determine if fan is operable. Return
thermostat to proper setting
2. Signal Controller
• Visually inspect signal controller and controller cabinet components for proper
• operation and recommend repairs/replacements as necessary
• Check timing of individual signal phases. Contractor shall notify the City
immediately of any operational issue. The contractor shall not make any timing
• changes unless it is a matter of public safety or is needed for the proper
operation of the traffic signal.
• Check operation of load switches, relays, isolators, internal modems, conflict
• monitors and red flash modules.
• Check operation of 170 or current controller and field master controller.
3. Signal & Pedestrian Heads
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• Visually inspect all vehicular signals for proper operation and replace outages.
Replace all burnt out or flickering indications with LED indications
• Walk intersection and visually inspect all signal heads including backplates,
visors
and indications for proper operation and alignment. Replace all broken parts,
align signal heads and adjust all mast arm signs as necessary
• Check that all pedestrian signals are in good condition and aimed properly. Make
adjustments as necessary.
4. Pedestrian Push Buttons
• Actuate each button for proper operation. Visually inspect and note condition.
• Replace or repair any broken or defective pedestrian push buttons. All new
pedestrian push buttons shall be two inch ADA push buttons. The City and the
Contractor to agree on a standard specification.
• Check all audible and tactile pedestrian signal are in good condition and properly
positioned (where applicable) and make repairs as needed
5. Interconnect Communication
• Check operation
• Visually inspect cables, antenna, and other hardware and recommend repairs as
needed
6. Miscellaneous
• Visually inspect other signal hardware
• Report all deficiencies
• Check operation of flashing beacons at signalized intersections to ensure proper
Operation
• Check all signal, beacon, and pedestrian indication brackets, framework, and
terminal compartments for rust, cracks, and missing parts.
• Inspect base of pole near concrete foundations for cracks and loose pole base
nuts.
• Inspect poles for missing and loose hand hole covers.
• Inspect and tighten all traffic signal mast arm signal heads, opticom detectors,
and detection cameras as required.
• Check condition of detector loop wires.
7. Battery Back-up Unit
• Test and check ground fault receptacle
• Observe the general condition of the cabinet, noting any rust or other signs of
• deterioration
• Inspect door gasket
• Inspect door lock operation, repair if necessary
• Operate and inspect ventilation fan and thermostat
• Visually inspect UPS controller system, bypass switch, batteries , fan and
thermostat
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• In addition to the monthly maintenance report, the Contractor shall conduct
Quarterly
• Preventative Maintenance and submit a report that shall include all of the
following elements.
Quarterly Preventative Maintenance:
Contractor shall perform the quarterly maintenance activities identified in paragraphs 8
through 10 of all infrastructure listed in Attachment 1 which shall take place in the
months of July, October, January and April, and shall submit a report with the monthly
maintenance summary.
8. Detectors and Loops
Visually inspect for exposed wires, cracks, and/or pot holes and recommend
repairs
or replacement as needed
Use laptop computer to check detection camera alignment and make
adjustments as
necessary, where applicable
Check and tune detector amplifiers
9. Pull Boxes
Check all Pull Boxes and detector hand holes for missing, damaged, or cracked
lids.
Recommend repairs as needed
Check condition of splices and make repairs as needed
Check hold down bolts for tightness
10. Controller Cabinet
Measure voltage level at service entrance in cabinet and record
Vacuum and clean controller cabinet and contents
Semi Annual Preventative Maintenance:
In addition to the quarterly and monthly maintenance, Contractor shall conduct the
semi-annual preventative maintenance activities identified in paragraphs 11 through 16
on all infrastructure listed in Attachment 1 and submit an activity summary report with
the monthly maintenance summary.. Semi-annual maintenance shall take place in the
months of October and April and shall include all elements identified in paragraphs 11
through 16.
11. Battery Backup Systems (As directed)
Test the operation of the battery backup unit. Test shall involve de-energizing
power to controller cabinet and verifying alarm indication to City and required
time frame for signal to trigger a flash operation
Test battery charge and replace as needed
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Measure voltage level at service entrance in cabinet and record
Vacuum and clean cabinet and contents
Provide the City a printed report indicating the intersection, test date, and
findings. Finding to include battery status and replacement if necessary. Report
to also include timing in controller for alarm notificaiton, flash triggering time,
proper operaton and any repairs necessary.
12. Controller Cabinet
Check wire schematics and record to make sure they are in the cabinet. Notify
City if they are not present.
Inspect terminal blocks and tighten as needed
Lubricate hinges and lock
13. Signal heads
Clean all signal lenses and reflectors (including video detection and CCTV
cameras, and emergency preemption detection lenses), align signal heads and
adjust all mast arm mounted street name signs
14. Emergency Vehicle Pre-Emption
Test the operation of the opticom units at each signalized intersection
15. Bicycle Loop Detection
Test the operation of all locations at each intersection that bicycle loop detection
ssytem is present.
16. Miscellaneous
Clean and vacuum each signal controller cabinet and service cabinet
Adjust all mast arm mounter street name signs as needed
Check condition of paint
Check cabinet inventory list and update as needed. Provide an electronic copy to
City.
Test and check all connections for the railroad interface panels and note
functionality.
Annual Preventative Maintenance:
In addition to the monthly, quarterly and semi-annual maintenance, the Contractor shall
conduct the Annual Preventative Maintenance activities on all infrastructure listed in
Attachment 1 identified in paragraphs 17 through 19 and submit a report with the
monthly maintenance summary. Annual maintenance shall take place in the month of
October.
17. Conflict monitor
Test the operation of the conflict monitor at each signalized intersection with a
City approved testing device specifically designed for that purpose. City currently
requires the use of an MT-180 of City approved conflict monitor tester. A print out
of results shall be provided to the City within 30 days of test being completed.
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18. Controller cabinet
Replace cabinet air filter
19. Miscellaneous
Check the tightness of all power service connections, neutral buss bar
connections and field wiring in the control cabinet and pole terminal
compartments.
Check anchor bolts for tightening
Check railroad interface panel for full functionality with SMART technician
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EXHIBIT “B”
COMPENSATION TO CONTRACTOR AND ANY SUBCONTRACTORS
Compensation to Contractor under this Agreement shall not exceed $150,000
per each fiscal year (July to June) without written approval by the City.
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EXHIBIT “C”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Rohnert Park
Development Services
Attn: Vanessa Garrett
6250 State Farm Drive, Rohnert Park, CA
Email: vmarin@rpcity.org
CONTRACTER’S REPRESENTATIVE
DC Electric Group, Inc.
Regional Manager
Attn: Tim Carter
8023 Gravenstein Hwy S., Cotati, CA 94931
Email: tim@dcelectricgroup.com
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EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CITY OF ROHNERT PARK
Contractor shall procure and maintain for the duration of the contract, and for 3 years thereafter,
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00
01 covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit
shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit. The City does not accept policies on a claims-
made basis.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1
(any auto), with limits no less than $2,000,000 per accident for bodily injury and property
damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident
for bodily injury or disease.
4. In the event Contractor is required to perform any construction work, Contractor shall also
procure a Builder’s risk policy for such work as identified below, prior to beginning such work.
If the contractor maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City,
either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured
retentions as respects the Entity, its officers, officials, employees, and volunteers; or the
Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied
by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, elected officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or operations
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performed by or on behalf of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations and automobiles owned, leased, hired, or borrowed by
or on behalf of the Contractor. General liability coverage can be provided in the form of an
endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary
insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers,
elected officials, employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance
and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be
canceled, except with notice to the City.
Builder’s Risk (Course of Construction) Insurance
In the event Contractor is required to perform any construction work, Contractor shall procure
Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils)
coverage form, with limits equal to the completed value of the project and no coinsurance
penalty provisions. Contractor may submit evidence of Builder’s Risk insurance in the form of
Course of Construction coverage. Such coverage shall name the City as a loss payee as their
interest may appear. Additionally, Contractor shall procure and provide a payment bond where
required by law.
If the project does not involve new or major reconstruction, at the option of the City, an
Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be
obtained that provides for the improvement, remodel, modification, alteration, conversion or
adjustment to existing buildings, structures, processes, machinery and equipment. The Property
Installation Floater shall provide property damage coverage for any building, structure,
machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City’s site.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor
may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all
work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required under this agreement) and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements to the City before work begins. However, failure to
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obtain the required documents prior to the work beginning shall not waive the Contractor’s
obligation to provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements, required by these specifications, at any
time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all
requirements stated herein, and Contractor shall ensure that the City, its elected officials,
officers, employees, and volunteers are listed as additional insureds on insurance required from
subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as
broad as CG 20 38 04 13.
ITEM NO. 5.F.
1
Meeting Date: May 26, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, P.E., Director of Development Services
Prepared By: Jeffrey Beiswenger, Planning Manager
Agenda Title: Adopt a Resolution Authorizing and Approving a Reimbursement
Agreement between the City of Rohnert Park and Ishaq Trading Corporation
for Corporation for costs incurred in processing development within the
Northwest Specific Plan Area (APN 045-054-018)
RECOMMENDED ACTION: Adopt a resolution approving a Reimbursement Agreement by and
between the City of Rohnert Park and Ishaq Trading Corporation for costs incurred in processing
development within the Northwest Specific Plan Area (APN 045-054-018).
BACKGROUND: The Northwest Specific Plan (NWSP) was adopted on November 25, 2014 and
includes a mixed-use community on approximately 100 acres, located south of Millbrae Avenue,
west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue. Golf Course
Drive West, which runs east and west and bisects the NWSP area, provides access to the specific
plan area from Highway 101. The NWSP, as approved, includes a total of 398 residential units,
458,700 square feet of regional commercial uses, 218,200 square feet of industrial uses, 58,400
square feet of mixed-use, 100 hotel rooms, and parks and open space.
Earlier this year, the City received an application from Ishaq Trading Corporation for a two (2)
hotel, two (2) phase development project on a 7.7 acre parcel, located in the north district of the
Commercial-R District of the NWSP plan area (“Project”).
Staff anticipates that the necessary entitlements for this Project may include, but are not limited to:
review under the California Environmental Quality Act ; General and Specific Plan amendments;
Development Area Plan approval; tentative and final parcel map approval; and conditional use
permit s. Development of the project will require grading and building permits, a master
maintenance agreement, and potentially public improvement and fee credit agreements. Work with
federal, state, regional and local governmental agencies may also be required as part of this project
and these expenses would be covered under this agreement.
Processing of the Project has commenced under an “Informal Reimbursement Agreement” and
Ishaq Trading Corporation has deposited a total of $20,000, which has been available for the City to
draw on to offset costs as services are rendered. The City has drawn down $8,404.70 to pay for
project expenses through March 31, 2020. (See Attachment B of the proposed Reimbursement
Agreement for project expense detail.)
Because of the complexity of the entitlements, the need for outside consultants to assist, particularly
with the CEQA review and the need for significant legal review, staff is recommending that the
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 5.F.
2
City Council approve “Formal Reimbursement Agreement” for this project. Under the “Formal
Reimbursement Agreement”, the applicant will post a security deposit, which is not subject to
drawdown. This arrangement maximizes the potential for the City to recover all the costs associated
with processing the application.
ANALYSIS: Rohnert Park Municipal Code, Section 3.32.050 - Cost recovery fees—Collection
allows for recovery of costs through agreements with project applicants, specifically stating:
“For any cost recovery fee exceeding one thousand dollars, the city may enter into an
agreement with the applicant to provide for payment, with appropriate allowance for indirect
costs and overhead, as the costs giving rise to the cost recovery fees are incurred. The form
and content of such agreement is subject to city council approval.”
The proposed Reimbursement Agreement will provide clarity about the responsibilities of both the
Project applicant and the City in terms of invoicing, payments, deposits, and costs incurred by the
City that are eligible for reimbursement. The Reimbursement Agreement requires that the applicant
provide a $30,000 Security Deposit , which staff believes is appropriate for the scale and complexity
of this project. The applicant has funded this Security Deposit in anticipation of the City Council’s
consideration of the Formal Reimbursement Agreement.
The approval of the Reimbursement Agreement and payment of eligible costs does not construe a
commitment by the City to grant or issue any approvals in connection with the Project.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community. This action supports the processing of the application
for a major planned development in the Northwest Specific Plan Area. The proposed action is also
consistent with Strategic Plan Goal B – Achieve and Maintain Financial Stability. The Formal
Reimbursement Agreement, with its fixed security deposit, helps ensure that the City will not be put
in a position of covering unanticipated developer costs, should the applicant for any reason elect not
honor the City’s request for cost recovery deposits.
OPTIONS CONSIDERED:
1. Approve the Reimbursement Agreement by and between City of Rohnert Park and Ishaq
Trading Corporation for costs incurred in processing the development of the parcel in the
Northwest Specific Plan Area (APN 045-054-018) (recommended action). This action is
consistent with the City’s past practice for managing major development proposals and
provides a fixed security deposit to protect the City’s interest with processing complex
entitlements for an applicant.
2. The City may retain the existing Informal Reimbursement Agreement executed by the
Applicant for Planning Application (GENL18-0002) as the binding contract for payment by
the applicant of costs incurred by the City to process their Project. This option is not
recommended because the Informal Reimbursement Agreement has provisions for “draw
down” deposits but has no provisions for a security process. While these provisions are
appropriate for smaller projects, for a large and complex project, the City runs the risk that
the “draw down” deposit could be exhausted which would result in the City incurring
unreimbursed costs while processing complex entitlements.
FISCAL IMPACT/FUNDING SOURCE: The Reimbursement Agreement provides for all
reimbursement of all of the City’s Project processing costs, so there will be no net fiscal impact to
the City. The Resolution that approved the City’s fiscal year 2019-20 budget, provided the Finance
ITEM NO. 5.F.
3
Director with the authority to appropriations and increase budgeted revenue as necessary to manage
developer deposits that are received under both “Formal” and “Informal” Reimbursement
Agreements.
Department Head Approval Date: 05/11/2020
Finance Director Approval Date: NA
City Attorney Approval Date: 05/13/2020
City Manager Approval Date: 05/19/2020
Attachments: 1. Resolution Approving a Reimbursement Agreement by and between the City of
Rohnert Park and Ishaq Trading Corporation for Costs Incurred in Processing
Development within the Northwest Specific Plan Area (APN 045-054-018)
2. Exhibit A to Resolution: Reimbursement Agreement
RESOLUTION NO. 2020-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE
CITY OF ROHNERT PARK AND ISHAQ TRADING CORPORATION FOR
COSTS INCURRED IN PROCESSING DEVELOPMENT WITHIN THE NORTHWEST
SPECIFIC PLAN AREA (APN 045-054-018)
WHEREAS, the City of Rohnert Park (“City”) has received an application from Ishaq
Trading Corporation, a California-based real estate developer for a Specific Plan Amendment
and Development Area Plan for a proposed development project (“Project”) at APN 045-054-
018, a 7.7 acre property within the Northwest Specific Plan Area;
WHEREAS, additional entitlements and other project approvals may be required in
order to allow for development of this site, including, but not limited to General Plan
amendments, conditional use permits, tentative and final maps, grading permits and building
permits , and related project agreements;
WHEREAS, review and analysis under the California Environmental Quality Act will be
required and the cost of this work will be covered under this agreement;
WHEREAS, coordination with and permit from Federal, State, regional and local
governmental agencies may be required to allow for development of the project site and City
expenses related to this work will be covered under this agreement;
WHEREAS, the City’s cost recovery policy, as outlined in the Municipal Code, provides
for entering into reimbursement agreements to recover application processing costs when these
costs exceed $1,000; and
WHEREAS, Ishaq Trading Corporation has agreed to fund the City’s efforts in
processing their Project, including but not limited to the negotiation, drafting, and
implementation of all documents, and the payment of all legal costs as may be required for
Project approval; and
WHEREAS, the proposed Reimbursement Agreement provides the necessary security to
ensure that the City’s costs of processing the application are recovered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Ishaq Trading
Corporation, a California Corporation, and the City of Rohnert Park, a municipal corporation, for
development within the Northwest Specific Plan Area.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the agreement attached
hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney.
Resolution 2020-045
2
DULY AND REGULARLY ADOPTED this 26th day of May, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
_____________________________
Sylvia Lopez Cuevas, Assistant City Clerk
On behalf of JoAnne Buergler, City Clerk
Attachments: Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A to Resolution
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of the ___ day
of May, 2020, by and among the City of Rohnert Park (“City”), a municipal corporation, and Ishaq
Trading Corporation (“Developer”), a California corporation.
RECITALS
Developer has submitted or plans to submit an application for development of a multi -use project
consisting of two hotels within the Northwest Specific Plan Area in Rohnert Park, California at 107 Golf
Course Drive West, APN 045-054-018 (“Proposed Project”). The project name at time of application is
Ishaq Commercial Development. The site is illustrated in Attachment A, which is attached hereto and
incorporated by this reference. Development of the Proposed Project may include, but are not limited
to the following approvals, documents and processing activities (collectively, "Project Approvals"):
(1) Approval of permits or waivers from U.S. Army Corps of Engineers, North Coast Regional
Water Quality Control Board, California Department of Fish and Wildlife;
(2) Tentative subdivision map, tentative parcel map, parcel map and final map or maps;
(3) Site specific Hydrology and Drainage study, NPDES General Permit for Stormwater Runoff,
and approval of storm drainage plans by the Sonoma County Water Agency and the City of
Rohnert Park;
(4) Development Area Plan; Conditional Use Permit; amendments to the Northwest Specific
Plan; and General Plan Amendment;
(5) California Environmental Quality Act review including legal review, and related
environmental studies;
(6) Grading permits, building permits, encroachment permits, transportation permits for
approval of a construction haul route(s);
(7) Implementation of mitigation monitoring program;
(8) Public Improvements including design and construction, fee credits and reimbursement
agreement(s);
(9) Any other approvals, documents, studies, peer review or processing reasonably necessary
to develop the Proposed Project.
A. Prior to the execution of this Agreement, City and Developer had an Informal Reimbursement
Agreement ("IRA"), pursuant to which City has been processing the Proposed Project, and pursuant
to which the Developer has deposited with City Twenty Thousand Dollars ($20,000) to serve as a
deposit for City’s costs incurred in processing the Project Approvals. As of March 31, 2020, City has
incurred Eight Thousand Four Hundred Four Dollars and Seventy Cents ($8,404.70) in processing
costs.
Exhibit A to Resolution
B. Continued processing of the Proposed Project and processing of the Project Approvals will require
the City to incur various costs and expenses including but not limited to staff time, consultant costs,
legal fees and costs, and other assorted costs to process the Proposed Project.
C. In order to facilitate processing of the Project, Developer desires to reimburse City for all of its costs
in connection with the Project Approvals, including but not limited to: legal fees, staff time and
consultant costs incurred in connection with the Project Approvals; costs unbilled and/or
unreimbursed by Developer in connection with Project Approvals covered by this Reimbursement
Agreement; and any litigation costs incurred as a result of the processing of the Proposed Project
and any Project Approvals.
D. The parties to this agreement wish to establish the terms and conditions of such reimbursement
obligation.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable
consideration, the parties hereby agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is to provide for payment by Developer of all
legal, staff and consultant costs directly or indirectly incurred by City in connection with the
Proposed Project, including legal defense costs, if any.
2. Developer Reimbursement Obligation. Developer shall reimburse City for the following costs
(collectively, “Eligible Costs") incurred in connection with the Proposed Project (including any and all
staff and or legal costs incurred following approval of the Proposed Project to pro cess the project to
completion):
a. City staff time, processing costs, consultant costs and legal fees associated with processing
and implementing all Project Approvals and Mitigation Measures including, but not limited
to: legal fees and costs incurred in connection with the legal defense of any Project
Approvals; legal fees and costs incurred in connection with the negotiation, drafting,
implementation, and defense of the proposed Development Agreement; and fees and costs
payable to outside consultants in connection with the negotiations of the proposed
Development Agreement.
b. A 7% administrative fee charged on costs of outside consultants and legal services which are
included in subsections (a) above; and
c. Fees and costs which City has incurred but which have either not yet been billed for
reimbursement or which have not yet been reimbursed to the City. The City has made a
good faith estimate to summarize all such fees and costs more particularly described in
Attachment B, which is attached hereto and incorporated by this reference. The parties
Exhibit A to Resolution
acknowledge that the figures on Attachment B constitute the City’s good faith effort to
summarize all such fees and costs, and Developer agrees that fees or costs which have
inadvertently been omitted from Attachment B, as well as those fees and costs incurred
between March 31, 2020 and effective date of this Agreement, and are subsequently
submitted to Developer, shall be construed as Eligible Costs pursuant to this subsection c.
3. Payment of Eligible Costs. City shall submit to Developer a copy of each invoice, bill, demand or
other evidence (“Invoice”) that the City has incurred for Eligible Costs or other reasonable
substantiation of such Eligible Costs. Each such Invoice of Eligible Costs shall be paid in full by
Developer, without deduction or offset, within thirty (30) calendar days of the date of the Invoice.
Developer covenants and agrees that failure to pay such Eligible Costs to City in full within thirty (30)
calendar days of the date of such Invoice will result in a Late Charge in accordance with Section 4 of
this Agreement, as well as in the cessation of processing the Proposed Project in accordance with
Section 9 of this Agreement. Developer further covenants and agrees that, if as a result of a failure
to pay an Invoice of Eligible Costs, City ceases processing the Proposed Project in accordance with
Section 9, Developer shall not directly or indirectly initiate any litigation against City or its
employees, agents, or volunteers for the cessation or delay in processing the Proposed Project.
4. Late Charge. Developer acknowledges that the late payment of any Eligible Costs will cause City to
incur additional costs, including administration and collection costs and processing and accounting
of expenses (“Delinquency Costs”). If City has not received payment of all Eligible Costs within thirty
(30) calendar days of the date of the Invoice, the Invoice is considered overdue and Developer shall
immediately be charged a late charge of five percent (5%) of the delinquent amount. The City is
then authorized to pay such Late Charge from the Security Deposit along with the amount of the
unpaid Invoice of Eligible Costs in accordance with Section 5. City and Developer recognize that the
expenses that City shall suffer as a result of Developer's failure to make timely payments is difficult
to ascertain and agree that said five percent (5%) late charge represents a reasonable estimate of
the Delinquency Costs that would be incurred by City. City's acceptance of any such late charge
does not equate with a waiver of Developer's default with respect to the overdue amount, or
prevent City from exercising any rights and remedies available under this Agreement.
5. Security Deposit. Developer has deposited with City the sum of Thirty Thousand Dollars ($30,000) in
cash (“Security Deposit"), as security for Developer's obligation to pay all Eligible Costs, as provided
herein. The parties acknowledge that, in connection with the IRA, Developer deposited Twenty
Thousand Dollars ($20,000) cash with the City, of which Eight Thousand Four Hundred Four Dollars
and Seventy Cents ($8,404.70 has been used to pay for eligible costs incurred by the City through
March 31, 2020. Funds remaining in the IRA deposit(s) as of the date of the signature of this
Agreement shall be drawn down to cover City’s Eligible Costs before billing in arrears as anticipated
in this Agreement. The Security Deposit shall be subject to the following:
a. Developer agrees that if Developer does not pay when due the full amount of each Invoice
of Eligible Costs as provided in Section 3 above, then the City is authorized to pay such
amount from the Security Deposit, which may include a Late Charge in accordance with
Section 4.
Exhibit A to Resolution
b. If the City withdraws from the Security Deposit, the City shall immediately notify the
Developer in writing that it has used the Security Deposit to pay all or a portion of the bill,
invoice, demand or other evidence of Eligible Costs, and the Developer shall thereafter have
fourteen (14) calendar days from the date of such written notice to deposit with City, in
cash, an amount necessary to restore the Security Deposit to its full amount of $30,000. If
the Developer fails to replenish the Security Deposit within said due date, City shall have no
obligation to continue processing the Proposed Project or to incur any additional Eligible
Costs.
c. If the amount of the unpaid Invoice of Eligible Costs and Late Charge exceeds the available
funds in the Security Deposit, the City shall immediately notify the Developer in writing that
it has used the Security Deposit to pay all or a portion of the bill, invoice, demand or other
evidence of Eligible Costs, and the Developer shall have fourteen (14) calendar days from
the date of such written notice to deposit with City, in cash, an amount necessary to restore
the Security Deposit to its full amount of $30,000, plus the full amount of the unpaid Invoice
of Eligible Costs and applicable Late Charge. If the Developer fails to fully replenish the
Security Deposit, pay the full Invoice of Eligible Costs and applicable Late Charge within said
due date, City shall have no obligation to continue processing the Proposed Project or to
incur any additional Eligible Costs.
d. Developer further covenants and agrees that, if as a result of reduction of the Security
Deposit to zero dollars or failure to replenish, City ceases processing the Proposed Project in
accordance with Section 9, Developer shall not directly or indirectly initiate any litigation
against City or its employees, agents, or volunteers for the failure to process or for delay in
processing the Proposed Project following such reduction or failure to replenish.
e. If this Agreement is terminated as provided in Section 8 below and all activities related to
Project Approvals have ceased and the City is not continuing to incur costs related to the
project, City shall return to Developer within ninety (90) calendar days following the
effective date of termination that portion of the Security Deposit that has not been
expended or committed by City as provided herein, if any.
6. No Commitment as to Future Approvals. Nothing in this Agreement shall be construed as a
commitment to grant or issue any Project Approvals or any other preliminary or formal approvals in
connection with the Proposed Project or to enter into the proposed Development Agreement or any
other agreements. Developer acknowledges and agrees that nothing in this Agreement limits City's
discretion, in any manner, with respect to any aspect of the Proposed Project, the proposed
Development Agreement, or the proposed real estate transaction and fee credit agreements.
Developer agrees that it shall remain obligated to pay all Eligible Costs, regardless of whether any
aspect of the Proposed Project is approved and regardless of whether City and Developer enter into
the proposed Development Agreement or any other agreements. Notwithstanding the
aforementioned, City shall in good faith expeditiously and with all diligence process the Project
Approvals.
Exhibit A to Resolution
7. Indemnity. Developer shall, to the greatest extent authorized by law, defend (with counsel
approved by City, which approval shall not be unreasonably withheld), indemnify, and hold harmless
the City, its officials, employees, volunteers and agents from and against any and all loss, liability,
expenses, claims, costs (including reasonable attorneys’ fees), suits and damages of every kind
nature, and description, directly or indirectly arising from any third party legal challenge to the
Project Approvals, or the implementation of this Agreement. Developer may defend against any
such third party legal challenge as a Real Party in Interest using counsel of Developer's choice, and
Developer and City agree to cooperate in the joint defense of the Project Approvals or the
implementation of this Agreement. Developer's indemnity obligations under this Section 7 shall
survive the expiration or termination of this Agreement.
8. Termination. Developer may terminate this Agreement by providing thirty (30) calendar days
written notice to City. If Developer is in default of any of its obligations under this Agreement and
fails to cure such default within fourteen (14) calendar days following written notice from City, then
City may terminate this Agreement by notice to Developer and, thereafter, City shall have no further
obligation to process Project Approvals for the Proposed Project or to continue with negotiation and
drafting of the proposed Development Agreement or any other agreements. Developer shall be
responsible for the payment of Eligible Costs incurred by City up to and including the date of
termination regardless of which party terminates this agreement.
9. Cessation of Processing. Developer acknowledges and agrees that City may, in its sole discretion,
cease processing the Proposed Project, the Project Approvals , and all negotiations in connection
with the proposed Development Agreement or any other agreements , in any of the following
events:
a. This Agreement is terminated by either party following notice and expiration of any
applicable cure periods as provided herein; or
b. Developer fails to pay such Eligible Costs to City in full within thirty (30) calendar days of the
date of such Invoice; or
c. The Deposit amount is reduced to zero and Developer fails to replenish the Deposit upon
request by City.
Developer further covenants and agrees that if City ceases processing the Project Approvals for any
of the foregoing reasons, Developer shall not directly or indirectly initiate any litigation against City
or its employees, agents, or volunteer for the failure to process or for delay in processing such
applications following such Agreement termination.
10. Attorneys’ Fees. If any legal action is brought by either party to interpret or enforce any terms or
provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees
and costs.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to
the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be
in writing and signed by both parties.
Exhibit A to Resolution
12. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
13. Severability. If any provision of this Agreement or the application of any such provision shall be held
by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the
remaining provisions of this Agreement and the application thereof shall remain in full force and
effect and shall not be affected, impaired or invalidated.
14. CEQA Processing. Developer acknowledges and agrees that the City is the lead agency under CEQA,
that the environmental review document(s), including but not limited to, an Initial Study,
Environmental Impact Report (including project or program level review, supplemental EIR,
subsequent EIR, or addendum), mitigated negative declaration, negative declaration, and/or notice
of exemption, must reflect City's independent judgment and that City retains full discretion with
respect to all findings to be made in connection therewith.
15. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their
respective heirs, legal representatives, successors and assigns.
16. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of
California without regard to its choice of law rules. Jurisdiction and venue of litigation arising from
this Agreement shall be in the County of Sonoma, State of California.
17. Notices. Notices required by this Agreement shall be personally delivered, mailed, postage prepaid,
or mailed via nationally recognized overnight courier as follows:
To the Developer:
Ishaq Trading Corporation
7440 Maximillian Place
Rohnert Park, CA 94928
Attn: Sam Ishaq, Owner
Tel: (925) 932-0725 or (707) 208-6010 (cell phone)
with a copy to:
Bill Kampton
3305 Linda Mesa Way
Napa, CA 94558
Tel: (707) 337-9217
To the City:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Manager
Tel: (707) 588-2223
Fax: (707) 792-1876
with a copy to:
Exhibit A to Resolution
Burke, Williams & Sorensen, LLP
1901 Harrison Street, 9th Floor
Oakland, CA 94612
Attn: Michelle Marchetta Kenyon
Tel: (510) 273-8780
Fax: (510) 839-9104
Notices given by personal delivery shall be effective immediately. Notices given by overnight courier
shall be effective upon the date of delivery. Notices given by mail shall be deemed to have been
delivered five days after having been deposited in the United States mail. Any party may change its
address for notice by written notice to the other party in the manner provided in this paragraph 17.
18. Interpretation. The titles to the sections of this Agreement are not a part of this Agreement and
shall have no effect upon the construction or interpretation of any part of this Agreement. As used
in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall
each be deemed to include the others where and when the context so dictates. The word
"including" shall be construed as if followed by the words “without limitation." This Agreement is
the product of negotiations among the parties, and it shall not be construed as if it had been
prepared by one of the parties, but rather as if all of the parties have prepared the same. Any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in interpreting this Agreement.
19. Authority. Each person executing this Agreement covenants and warrants that (i) the party on
whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly
existing under the laws of its state of incorporation, establishment or formation, (ii) the party has
and is duly qualified to do business in California, (iii) the party has full corporate, partnership, trust,
association or other power and authority to enter into this Agreement and to perform all of its
obligations hereunder, and (iv) each person (and all of the persons if more than one signs) signing
this Agreement is duly and validly authorized to do so.
20. Counterparts. This Agreement may be executed in counterparts.
21. Assignment of Claims. To the extent City determines that it may have Claims against any Project
Consultant in connection with the Proposed Project, City may, upon written request by Developer,
assign such Claims to Developer. As used herein, “Project Consultant” means any consultant,
contractor, or other third party whose work product gives rise to any Eligible Cost or who is hired by
City in connection with the Project Approvals; and “Claims” means any and all claims, potential
claims, causes of action, and potential causes of action for breach of contract and/or professional
negligence, regardless of whether such claims or causes of action accrue prior to or after the
effective date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
Exhibit A to Resolution
CITY:
CITY OF ROHNERT PARK,
a Municipal Corporation
City Manager
Per Resolution No. __________ adopted by the Rohnert Park City Council
at its meeting of May ___, 2020.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
DEVELOPER:
Ishaq Trading Corporation
A California corporation
By:
(Signature) (Date)
(Print name and title)
Exhibit A to Resolution
ATTACHMENT A
PROPERTY DESCRIPTION
107 Golf Course Drive West, Rohnert Park, California
(APN 045-054-018)
Exhibit A to Resolution
ATTACHMENT B
PROJECT EXPENSES
[INSERT PROJECT EXPENSES SUMMARY HERE]
Attachment B Project Expenses
SUMMARY through 3/31/2020
Amount
#GENL18-0003: General Dev.
Processing
$8,404.70
CREDIT (Deposits / Payments)($20,000.00)
Total Due / Deposit Account
Balance ($11,595.30)
This accounting includes services performed by City staff and consultant work performed for project.
EXPENSES
Consultant Services
Company/Organization Invoice No.Invoice Date Amount
M-Group 1000725 11/30/18 $105.00
M-Group 1000777 12/31/18 $2,100.00
CSG 22673 1/10/19 $850.00
CSG 23143 2/8/19 $255.00
M-Group 100894 1/31/19 $420.00
Subtotal $3,730.00
City administrative fee 7%$261.10
SUBTOTAL CONSULTING SUPPORT SERVICES $3,991.10
Publications/Noticing and Other Services (No Admin Fee charged)
Company/Organization Invoice No.Invoice Date Amount
No invoices received by City.n/a n/a $0.00
SUBTOTAL PUBLICATION/NOTICING SERVICES $0.00
City Staff Services
Description Staff Date
# of
hours
Hourly
rate Amount
Initalized new project Eileen Baughman 11/28/18 1.00 $98.00 $98.00
accounting, files Ellen Beardsley 11/30/18 0.75 $98.00 $73.50
Review of project materials Jeff Beiswenger 12/3/18 1.50 $177.00 $265.50
RFC 1st plan submittal Jim Thompson 12/7/18 2.00 $130.80 $261.60
12/2018 time: accounting, files Ellen Beardsley 12/31/18 0.50 $98.00 $49.00
Project review meetings and review Jeff Beiswenger 1/28/19 2.50 $177.00 $442.50
accounting Ellen Beardsley 1/31/19 0.50 $98.00 $49.00
ATTACHMENT B: Project Expenses through 3/31/2020
Applicant: Ishaq Trading Corporation
Project: Ishaq Commercial Development
Address: 107 Golf Course Drive West, APN 045-054-018
Attachment B Project Expenses
ATTACHMENT B: Project Expenses through 3/31/2020
Applicant: Ishaq Trading Corporation
Project: Ishaq Commercial Development
Address: 107 Golf Course Drive West, APN 045-054-018
accounting Ellen Beardsley 2/28/19 0.50 $98.00 $49.00
Admin Support Kelsey Bracewell 2/28/19 0.25 $98.00 $24.50
Review of proposed project site plan,
project meetings and coordination Jeff Beiswenger 5/27/19 2.50 $177.00 $442.50
Meetings with applicant Jeff Beiswenger 9/30/19 1.50 $185.00 $277.50
Phone calls Suzie Azevedo 11/18/19 0.50 $122.00 $61.00
Project Review Suzie Azevedo 12/23/19 2.00 $122.00 $244.00
Meeting/Admin Suzie Azevedo 1/20/20 2.50 $122.00 $305.00
Planning Commission Suzie Azevedo 2/24/20 6.00 $122.00 $732.00
Review of application materials, study
session with Planning Commission Jeff Beiswenger 2/28/20 3.50 $185.00 $647.50
Administrative Suzie Azevedo 3/23/20 3.00 $122.00 $366.00
3/2020 time: accounting audit Ellen Beardsley 3/31/20 0.25 $102.00 $25.50
SUBTOTAL CITY STAFF PROJECT TIME $4,413.60
TOTAL EXPENSES $8,404.70
CREDITS
Description Amount
Deposit 11/28/2018 ($20,000.00)
TOTAL CREDITS ($20,000.00)
TOTAL AMOUNT DUE / (DEPOSIT ACCOUNT BALANCE):($11,595.30)
ITEM NO. 5.G.
1
Meet ing Date: May 26 , 2020
Department: Finance and Public Works
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Cheri Hawkins, Accounting Supervisor
Angela Beran, Management Analyst
Agenda Title: Adopt a Resolution Authorizing the Postponement of the Scheduled Sewer Rate
Increase and Sewer Capital Preservation Fee Increase
RECOMMENDED ACTION:
Staff recommends that the City Council adopt Resolution No. 2020-046 authorizing the postponement of
the scheduled sewer rate increase and Sewer Capital Preservation Fee increase that would go into effect
on the June 2020 billing if no action were taken.
BACKGROUND:
The Ci ty Council accepted the Sewer Rate Study on April 24, 2018 which included service rates, capital
preservation fees, and a recommendation to establish reserve funds . The sewer rate increase schedule
was established as recommended by the Reed Group in the Sewer Rate Study dated February 15, 2018
and was adopted following all Proposition 218 requirements.
ANALYSIS:
The COVID-19 pandemic is resulting in a devastating financial impact for many residents and businesses
in Rohnert Park, along with state-wide, national, and global impacts. It is recommended that the City
Council approve the postponement of the scheduled sewer rate increase and Sewer Capital Preservation
Fee increase to provide a small measure of relief for sewer customers who may be adversely impacted
by the economic circumstances as a result of the COVID-19 pandemic.
Staff recommends the postponement of the sewer rate increase and Sewer Capital Preservation Fee
increase scheduled for this June until June 2021. This delay of one year and would also delay each
scheduled increase accordingly thereafter, although the City reserves the right to increase rates up to the
amounts previously approved in accordance with Proposition 218 requirements at a later date as may be
necessary to meet long-term costs of service. If no action were taken, then the legally authorized Sewer
rate increase and Capital Preservation Fee increase would go into effect on the June 2020 billing.
The sewer utility fund has been responsibly managed in a financially sound and prudent manner, which
allows the City the option to temporarily delay a sewer rate increase. However, the City would need to
eventually raise sewer rates in order to maintain the sewer system, recapitalize reserves, and meet long-
term costs of service. The City’s sewer utility has adopted regular rate increases in order to ensure that
the utility is financially sound, stabilize all future increases, and allow the utility to provide short term
assistance to ratepayers during times of economic distress. The City’s prudent financial planning all ows
it to delay the rate increases for FY 2020-2021 without experiencing s ubs tantial impacts on levels of
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. 5.G.
2
service or substantial delays to capital improvement projects. The City can evaluate rate increases in the
future, to account for the lost rate revenue caused by the delay, as necessary to ensure continued financial
stability and maintain levels of service.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with Strategic Plan Goal A - Practice participative leadership at all levels. The
postponement of the scheduled sewer rate and Sewer Capital Preservation Fee increases will
communicate to the community that the City will take available steps to benefit the community in this
unprecedented time of need.
OPTIONS CONSIDERED:
1.Recommended Option: Staff recommends the postponement of the scheduled sewer rate increase
and Sewer Capital Preservation Fee increase. This option would temporarily defer a legally
authorized increase based on the rate studies which were approved by Council.
2.Alternative: Council may direct staff to proceed with the sewer rate increase and Sewer Capital
Preservation Fee increase as scheduled and outlined in the Sewer Study. Staff does not
recommend this option because uncertainties with the current economic climate resulting from
the impacts of COVID-19 are likely to negatively impact residential and commercial sewer rate
payers , and a deferment may provide some economic relief.
FISCAL IMPACT/FUNDING SOURCE:
Economic uncertainty as a result of the COVID-19 pandemic is likely to negatively impact sewer rate
payers. The sewer utility fund has been responsibly managed in a financially sound and prudent manner,
which allows the city the option to temporarily delay a sewer rate increase. Postponement of the Sewer
Rate increase would defer an estimated $474,000 in annual revenue, and postponement of the Sewer
Capital Preservation Fee increase would defer an estimated $542,000 in annual revenue.
Department Head Approval Date:
City Attorney Approval Date: 5/19/2020
City Manager Approval Date: 5/21/2020
Attachments (list in packet assembly order):
1.Resolution No. 2020-046
2.Exhibit A: Sewer Study Sewer Rate Increase Schedule as adjusted if rates are temporarily
deferred.
3.Exhibit B: Sewer Study Capital Preservation Fee Increase Schedule as adjusted if rates are
temporarily deferred.
5/15/2020
RESOLUTION NO. 2020-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE POSTPONEMENT OF THE SCHEDULED SEWER RATE
INCREASE AND SEWER CAPITAL PRESERVATION FEE INCREASE
WHEREAS, T he Reed Group, Inc. prepared the Sewer Rate Study that outlined a Sewer
Rate increase and Sewer Capital Preservation Fee increase on an annual schedule; a nd
WHEREAS, on April 24, 2018 the City Council accepted the Final Sewer Rate Study
Report and adopted Resolution 2018-060 to adopt new sewer service rates; and
WHEREAS, a temporary postponement of t he scheduled Sewer Rate increase and Sewer
Capital Preservation Fee increase may provide a small measure of relief for Sewer customers
who may be adversely impacted by the economic circumstances as a result of the COVID-19
pandemic; and
WHEREAS, by adopting a t emporary po stponement in light of COVID-19, the City
Council does not repeal Resolution No. 2018-060 or its approval of the Final Sewer Rate Study,
and rates shall remain subject to increase up to the maximum amounts previously approved
under Resolution 2018-060 to meet long-term costs of service.
NOW, THEREFORE, BE IT RESOLVED by t he City Council o f the City of Rohnert
Park that it does hereby authorize and approve the postponement of the Sewer Rate increase and
Sewer Capital Preservation Fee increase until June 2021, and approve a postponement in each
scheduled increase thereafter that was approved by Resolution No. 2018-060 by a one-year
pe riod, as set forth in the attached Exhibit.
BE IT FURTHER RESOLVED that t his po stponement may be modified o r rescinded
where determined necessary by the City Council in order to provide for long-term costs of
service.
DULY AND REGULARLY ADOPTED this 26th day of May, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, Assistant City Clerk
On behalf of JoAnne M. Buergler, City Clerk
Attachments: Exhibit A and Exhibit B
ADAMS: _________BELFORTE: _________ STAFFORD : _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Current Rate
(1)
June 2020
(4)June 2021 June 2022 June 2023
Single Family Residential (2)
Monthly Base Charge 10.01$ 10.01$ 10.31$ 10.62$ 10.94$
Flow Charge ($/gal.) (3) 0.01143$ 0.01143$ 0.01177$ 0.01212$ 0.01248$
Sewer Only Flat Rate ($/mo.)53.88$ 53.88$ 55.50$ 57.17$ 58.89$
Multi‐Family and Non‐Residential Customers
Monthly Base Charge
Up to 3/4" meter 30.33$ 30.33$ 31.24$ 32.18$ 33.15$
1" meter 46.24$ 46.24$ 47.63$ 49.06$ 50.53$
1 1/2" meter 85.63$ 85.63$ 88.20$ 90.85$ 93.58$
2" meter 133.10$ 133.10$ 137.09$ 141.20$ 145.44$
3" meter 243.93$ 243.93$ 251.25$ 258.79$ 266.55$
4' meter 402.24$ 402.24$ 414.31$ 426.74$ 439.54$
6" meter 797.62$ 797.62$ 821.55$ 846.20$ 871.90$
8" meter 1,272.29$ 1,272.29$ 1,310.46$ 1,349.77$ 1,390.26$
Flow Charge ($/gal.) (3)
Multi‐Family Residential 0.01143$ 0.01143$ 0.01177$ 0.01212$ 0.01248$
Non‐Residential
Low Strength 0.01197$ 0.01197$ 0.01233$ 0.01270$ 0.01308$
Medium Strength 0.01626$ 0.01626$ 0.01675$ 0.01725$ 0.01777$
High Strength 0.02480$ 0.02480$ 0.02554$ 0.02631$ 0.02710$
Notes:
(1) Current rate was udated on June 2019 per the current schedule adopted February 15, 2018 following all Proposition 218 Requirements
(2) Individual dwelling units with individual city‐owned meters shall be categorized as single family residential customers.
Multi‐family units with master meters shall be charged as multi‐family residential.
(3) Flow charges are determined based on gallons of flow, rather than rounded to 1,000 gallon increments.
(4) Scheduled increase for June 2020 is postponed 1 year, shifting all other increases by one year from original schedule
Current schedule above outlines the new scheduled increases.
Exhibit A
City of Rohnert Park ‐ Sewer Utility
Current and Proposed Sewer Rates
Reflecting Sewer Rate Postponement of Scheduled Increase
Current Rate
(1)
June 2020
(2)June 2021 June 2022 June 2023
Single Family Residential (2)
Monthly Capital Preserv. Charge ($/DU) 4.00$ 4.00$ 6.00$ 8.00$ 10.00$
Multi‐Family and Non‐Residential Customers
Monthly Capital Preservation Charge
Up to 3/4" meter 10.00$ 10.00$ 15.00$ 20.00$ 25.00$
1" meter 16.70$ 16.70$ 25.00$ 33.30$ 41.70$
1 1/2" meter 33.30$ 33.30$ 50.00$ 66.70$ 83.30$
2" meter 53.30$ 53.30$ 80.00$ 106.70$ 133.30$
3" meter 100.00$ 100.00$ 150.00$ 200.00$ 250.00$
4' meter 166.70$ 166.70$ 250.00$ 333.30$ 416.70$
6" meter 333.30$ 333.30$ 500.00$ 666.70$ 833.30$
8" meter 533.30$ 533.30$ 800.00$ 1,066.70$ 1,333.30$
Notes:
(1) Current rate was udated on June 2019 per the current schedule adopted February 15, 2018 following all Proposition 218 Requirements
(2) Scheduled increase for June 2020 is postponed 1 year, shifting all other increases by one year from original schedule
Current schedule above outlines the new scheduled increases.
Exhibit B
City of Rohnert Park ‐ Sewer Utility
Current and Proposed Sewer System Capital Preservation Charges
Reflecting Sewer Rate Postponement of Scheduled Increase
ITEM NO. 5.H.
1
Meeting Date: May 26, 2020 DRAFT
Department: Public Safety, Fire Division
Submitted By: Jim Thompson, Fire Marshal
Prepared By: Jim Thompson, Fire Marshal
Agenda Title: Adopt a Resolution Declaring Weeds to be a Nuisance and provide for
Weed Abatement pursuant to Government Code Sections 39560 Through
39588; Article 2 - Alternative Procedures for Weed and Rubbish
Abatement and Set a Public Hearing For June 9, 2020
RECOMMENDED ACTION:
Adopt a resolution declaring weeds to be a nuisance, identifying properties and setting a public
hearing for June 9, 2020 to give property owners an opportunity to present objections.
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 completed. Applicable property owners will be 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 own Municipal Code, written notices to abate will be
mailed to non-compliant property owners. Also, a Public Hearing Notice will be published twice
in the Community Voice regarding the Weed Abatement Protest Hearing scheduled for June 9,
2020.
Inspections for compliance of the properties noted in violation are scheduled to begin June 9,
2020, with abatements intended to begin July 13, 2020.
STRATEGIC PLAN ALIGNMENT:
Implementing this action is consistent with Strategic Plan Goal D; 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. 5.H
2
OPTIONS CONSIDERED:
1.Recommended Option: Staff recommends declaring weeds to be a nuisance by adopting
the Resolution. Historically, this mitigating practice has been utilized each year with
good results.
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: N/A
City Manager Approval Date: 05/14/2020
City Attorney Approval Date: 05/21/2020
Attachments (list in packet assembly order):
1) Resolution
2) Exhibit A to the Resolution: Properties list - Potential Mitigation Sites
3)Sample Letter -To property owner
4)Vegetation Management Information Bulletin
RESOLUTION 2020-047
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
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 AND SETTING PUBLIC HEARING FOR JUNE 9TH, 2020.
WHEREAS, there exists on numerous lots and parcels of real property within the City of
Rohnert Park weeds, dry grass, stubble, brush, litter and other flammable material which creates a
fire hazard;
WHEREAS, for the last several decades, the City of Rohnert Park has ordered the
abatement of such weeds, dry grass, stubble, brush, litter and other flammable materials;
WHEREAS, the City has traditionally achieved 100 percent compliance from affected
property owners; and
WHEREAS, the City desires to continue with an annual weed abatement program to
protect the public health, peace, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK that the weeds, dry grass, stubble, brush, litter and other combustible
material endangers the public safety by creating a fire hazard and constitutes a public nuisance and
shall be abated as such.
BE IT FURTHER RESOLVED that the Department of Public Safety of the City of
Rohnert Park has prepared a list of each lot or parcel subject to abatement, describing it by the
street name and the Assessor's Parcel Number according to the official City Assessment Map, a
copy of such listing is attached hereto as Exhibit “A.”
BE IT FURTHER RESOLVED that notice shall be given to destroy, remove and clear
dry weeds, grass, stubble, brush, litter and other combustible materials existing on said lots or
parcels within the City of Rohnert Park, and a hearing to allow property owners to submit any
objections to abatement is hereby set for June 9th, 2020, 5:00 p.m. or soon thereafter as the matter
is reached on the agenda. The location for
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of
such hearing to the owners of the lots or parcels subject to this resolution in accordance with
Section 39567.1 of the Government Code of the State of California.
BE IT FURTHER RESOLVED that the Fire Marshal of the City of Rohnert Park is
hereby designated as the person referred to in Government Code Sections 39560, et. seq. as
"Superintendent" and shall have all the powers and perform all of the duties and acts as therein
specified.
BE IT FURTHER RESOLVED that in addition to the notice requirements set forth in
Sections 39564 through and including 39567.1 of the Government Code, the City Clerk of the City
of Rohnert Park is hereby directed to cause to be published twice in a newspaper of general
circulation, notice of (1) this resolution, (2) the direction to property owners to destroy, remove and
clear dry weeds, grass, stubble, brush, litter and other flammable materials, and (3) the hearing to
hear objections from property owners regarding the destruction or removal of such weeds and other
Resolution 2020-047
Page 2
materials, the first publication of which shall be not less than ten (10) days prior to said hearing,
pursuant to Rohnert Park Municipal Code section 8.08.040.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 26th Day of May, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
_____________________________
Sylvia Lopez Cuevas, Assistant City Clerk
Signing on behalf of JoAnne Buergler, City Clerk
Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
1
Weed Abatement properties-2020
Address /APN Owner information:
7305 Adrian Dr. The Black Co.
143-150-024 c/o Charles Black
17559 Calle De Palermo
Pacific Palisades, CA 90272
7309 Adrian Dr. The Black Co.
143-150-023 c/o Charles Black
17559 Calle De Palermo
Pacific Palisades, CA 90272
143-040-135 Redwood Crossings RP, LLC
0 Business Park Dr.855 Lakeville, Suite #200
Petaluma, CA 94954
143-040-134 C.B. Properties, Inc.
0 Business Park Dr.2375 Hardies Ln.
Santa Rosa, CA 95409
045-075-015 Phillip MacKovski et al
0 Business Park Dr.1594 Villa Rica Dr.
Henderson, NV 95403
655 Carlson Ct. Leo Pennacchio Tr.
143-930-053 1408 Owl Point
Santa Rosa, CA 95409
160 Cascade Ct. Headley Properties, LLC
143-021-006 384 Tesconi Ct.
Santa Rosa, CA 95401
415 City Center Dr. Blue Apple Dental, LLC
143-051-066 1535 Maria Pl.
Rohnert Park, CA 94928
5900 Commerce Blvd. OPS Properties, Attn: Ken Elie
143-021-064 7 Forest Trail
Petaluma, CA 94952
6001 Commerce Blvd. C & R Holdings LTD. Mail To: Expressway Self Storage
143-021-036 3182 Campus Dr. #328 6001 Commerce Blvd., R.P. 94928
San Mateo, CA 94403-3123
2
4649 Dowdell Ave. Cactus Mesquite Properties, LLC
045-075-009 317 Commercial St. N.E.
Suite A PMB 277
Albequerque, NM 87102
045-054-007 Salvador Sanchez
4443 Dowdell Ave.4443 Dowdell Ave.
Santa Rosa, CA 95407
045-054-008 Fern Lingron
4455 Dowdell Ave.4455 Dowdell Ave.
Santa Rosa, CA 95407
045-054-030 Redwood Equities Investments
4475 Dowdell Ave.520 Mendocino Ave. Suite 250
Santa Rosa, CA 95401-5284
045-054-029 Jose Delatorre
4483 Dowdell Ave.4483 Dowdell Ave.
Santa Rosa, CA 95407
045-054-014 Shirley Thibodeau
4521 Dowdell Ave.1516 Sylvan Way Suite 207
Lodi, CA 95242
045-054-018 Samer Daoud Ishaq
107 Golf Course Dr. W 1000 Via Palo Linda
Fairfield, CA 94534
045-054-021 Raymond Loosli
109 Golf Course Dr. W 4860 Regents Park Ln.
Fremont, CA 94538-0395
045-054-041 Yoseph Halaweh
151 Golf course Dr. W 583 Millbrae Ave.
Santa Rosa, CA 95407
045-054-024 Sonoma Mine & Fraternal Club
157 Golf course Dr. W c/o Leslie James Wright
4030 Chico Ave.
Santa Rosa, CA i5407-6504
3
045-053-014 Arshi Benham
223 Golf Course Dr. W P.O. Box 2329
Rohnert Park, CA 94927
045-053-009 Girmay Temesegen
295 Golf Course Dr. W 2234 W. Mila Way
Queen Creek, AZ 85142-6693
045-075-016 Timothy Tesconi et al
80 Golf Course Dr. W c/o Tawny Tesconi
3912 Walker Ave.
Santa Rosa, CA 95407
1241 Heartwood Dr. No. Cal. Assn. of Seventh Day Adventists
160-460-044 c/o NCC Property Management
P.O. Box 23165
Pleasant Hill, CA 94523
045-253-009 Olympia Investments, Inc.
1220 Keiser Ave.4670 Willow Rd. Suite 200
Pleasanton, CA 94588
045-054-028 Oliver Hussey
4560 Labath Ave.4560 Labath Ave.
Santa Rosa, CA 95407
045-053-012 Heidi Maldonado
4567 Labath Ave.4567 Labath Ave.
Santa Rosa, CA 95407-8368
045-054-027 Steve Prueitt
4570 Labath Ave.P.O. Box 44
Fulton, CA 95439
045-053-013 Heidi Maldonado
4573 Labath Ave.4567 Labath Ave.
Santa Rosa, CA 95407-8368
045-054-025 Maxine Hall
4580 Labath Ave.7240 Fircrest Ave.
Sebastopol, CA 95472-4432
4
045-054-026 Maxine Hall
4590 Labath Ave.7240 Fircrest Ave.
Sebastopol, CA 95472-4432
045-053-007 Eric Jones
4528 Langner Ave.4528 Langner Ave.
Santa Rosa, CA 95407
611 Martin Ave. Wine Box, LLC
143-930-061 P.O. Box 908
Gonzalez, CA 93926
1401 Medical Center Dr. Santa Rosa Health System
159-460-005 1165 Montgomery Drive
Santa Rosa, CA 95495
1451 Medical Center Dr. Santa Rosa Health System
159-460-020 1165 Montgomery Drive
Santa Rosa, CA 95495
045-054-003 108 West Millbrae LLC
108 Millbrae Ave.24 Oakdale Ave.
San Rafael, CA 94901
045-054-042 Priscilla Jones
140 Millbrae Ave.140 Millbrae Ave.
Santa Rosa, CA 95407
045-054-040 James Sloan
142 Millbrae Ave.146 Millbrae Ave.
Santa Rosa, CA 95407-8319
045-054-038 James Sloan
146 Millbrae Ave.146 Millbrae Ave.
Santa Rosa, CA 95407-8319
148 Millbrae Ave. Michael Roberts
045-054-037 148 Millbrae Ave.
Santa Rosa, CA 95407-8319
6 Padre Parkway Lewis Epstein
143-051-071 614 Vermont St.
San Francisco, CA 94107
5
655 Park Ct. Straus Family Creamery-Attn: Ed Brush
143-040-067 1105 Industrial Ave.
Petaluma, CA 94952
310 Professional Center Ct. George Kokalis
143-490-022 36 Lisbon St.
San Rafael, CA 94901
380 R. P. Expressway Phan, LLC
143-391-087 380 Rohnert Park Expressway
Rohnert Park, CA 94928
143-391-089 Phan, LLC
0 Rohnert Park Expressway 380 Rohnert Park Expressway
Rohnert Park, CA 94928
6603 Redwood Dr. George Kokalis
143-391-080 36 Lisbon St.
San Rafael, CA 94901
4689 Snyder Ln. Heartwood Church
160-460-045 P.O. Box 1409
Rohnert Park, CA 94928
4695 Snyder Ln. Crossroads Church
160-460-043 4695 Snyder Ln.
Rohnert park, CA 94928
5040 Snyder Ln. The Creath Family, Attn: Corey
045-253-007 202 Scott St.
Mill Valley, CA 94941
143-150-056 Tariq Mohammad
0 Southwest Blvd.7763 Bernice Ct.
Rohnert Park, CA 94928
5980 State Farm Dr. Barbi Buchanan Trust
143-021-080 c/o Lewella Buchanan
P.O. Box 1040
Rohnert Park, CA 94927-1040
6
046-051-045 Sonoma Mountain Village LLC
1400 Valley House Drive P.O. Box 7087
Cotati, CA 94931
4655 Willis Ave. Cactus Mesquite Properties, LLC
045-075-008 317 Commercial Street. N.E.
Suite A PMB 277
Albequerque, NM 87102
4657 Willis Ave. Sebastopol Co-Op, LLC
045-075-020 P.O. Box 1128
Santa Rosa, CA 95406
4663 Willis Ave. Sebastopol Co-Op, LLC
045-075-021 P.O. Box 1128
Santa Rosa, CA 95406
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 4291
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 4291, CFC Chapter 49
You may contact the Fire Prevention Division at (707)584-2641.
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248 www.rpcity.org
City Council
Joseph T. Callinan
Mayor
Jake Mackenzie
Vice Mayor
Gina Belforte
Susan Hollingsworth Adams
Pam Stafford
Councilmembers
________________
Darrin Jenkins
City Manager
Don Schwartz
Assistant City Manager
Michelle Marchetta Kenyon
City Attorney
Sergio A. Rudin
Assistant City Attorney
JoAnne M. Buergler
City Clerk
Tim Mattos
Director of Public Safety
John McArthur
Director of Public Works and
Community Services
Mary Grace Pawson
Director of
Development Services
Victoria Perrault
Human Resources Director
May XX, 2020
Property Owner
PO BOX 1234
Rohnert Park, CA 94928
RE: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH AND
REFUSE
1234 OAK Street, Rohnert Park, CA 94928 - APN # 123-456-789
Notice is hereby given that on the 26th day of May 2020, 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 and refuse 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 and
refuse. 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 and refuse 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.
All property owners having any objections to the proposed removal of the weeds,
rubbish and refuse are hereby notified to attend a meeting of the City Council of
the City of Rohnert Park to be held on June 9, 2020 at the hour of 5:00 p.m. or as
soon thereafter as the matter is reached, when and where their objections will be
heard and given due consideration.
Date: [at least 5 days prior to hearing on objections]
JoAnne M. Buergler
City Clerk
City of Rohnert Park
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ITEM NO. 6.A.
1
Meeting Date: May 26, 2020
Department: Public Safety
Submitted By: Tim Mattos, Director of Public Safety
Prepared By: Tim Mattos, Director of Public Safety
Agenda Title: Discussion and Direction Regarding Sales and Use of “Safe and Sane” Fireworks
RECOMMENDED ACTION:
Staff recommends that the City Council receive this report and provide direction as to whether the
City’s Municipal Code concerning fireworks use and sales within the City should be amended.
BACKGROUND:
Rohnert Park Municipal Code Section Chapter 15.28 provides the authorized use of state-approved
fireworks within Rohnert Park and for Rohnert Park non-profits organizations to sell state-approved
fireworks within the City of Rohnert Park. In 2019, the Rohnert Park City Council amended the
City code to add Chapter 9.49 to regulate firework sales and provide tighter restrictions regarding
the timelines for the sale and use of “Safe and Sane” Fireworks, and added a social host ordinance,
thus providing Public Safety personnel with an additional enforcement tool. Under the applicable
code provisions, applicants for permits for sale of safe and sane fireworks must be notified by June
22 of whether their permit application is approved.
Until this year, Rohnert Park was one of four cities in Sonoma County that permitted the sale and
use of state-approved fireworks. The other cities were Petaluma, Sebastopol, and Cloverdale. On
March 16th, 2020, Petaluma banned the sale and use of “Safe and Sane” Fireworks within the city
limits. On May 13th, 2020, the Cloverdale city council voted to ban the sale and use of “Safe and
Sane” Fireworks in their city during the year 2020. On May 18th, Sebastopol City Council banned
the sale of use of fireworks in Sebastopol. Personal use of fireworks and sales are also prohibited in
the cities of Cotati, Sonoma, Santa Rosa, Healdsburg, Windsor, and the unincorporated areas of
Sonoma County.
ANALYSIS:
The purpose of this discussion is to determine what the 2020 Fourth of July, Independence Day
holiday looks like in Rohnert Park as the City, County, State, and Nation address the ever-changing
landscape of COVID-19, as well as the impending 2020 fire season. Staff is seeking input regarding
the following topics.
•Should the City of Rohnert Park allow the sale and use of “Safe and Sane” Fireworks this year?
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.A.
2
• If the sale and use of “Safe and Sane” Fireworks are allowed this year, what additional use
requirements should be developed to address the Sonoma County Health Order?
• If the sale and use of “Safe and Sane” Fireworks are allowed this year, what additional
permitting requirements will be required to ensure adherence to the Sonoma County Health
Order?
Staff recommend the ban of the sale and use of “Safe and Sane” Fireworks
Impact on City Resources:
The personal use of fireworks is a popular local feature during the Independence Day season.
Fireworks activity involves hundreds of people in the city on the Fourth of July, and Rohnert Park
is known as a community that allows fireworks. Rohnert Park has drawn individuals from Santa
Rosa since their city’s ban on fireworks in 2004.
Individuals living in jurisdictions with fireworks bans have had the opportunity to travel to cities
without a fireworks ban such as Rohnert Park, Petaluma, Cloverdale, and Sebastopol, which has
helped spread people throughout several jurisdictions. Although Windsor does not allow
individuals to use fireworks in their city, people have had the option to travel to Windsor to take
part in the community sponsored fireworks show.
Leading up to Fourth of July 2020, the landscape has changed significantly, as it relates to the use
of fireworks in different cities. During the Month of March, Petaluma City Council voted to ban
the sale and use of fireworks in their city, as well as cancelling their community sponsored
fireworks show. The Town of Windsor has also cancelled their community sponsored fireworks
show this year. The Cloverdale City Council has placed a one-year ban on the use of fireworks in
their city for the year 2020. Sebastopol has also banned the use of fireworks in the city last week.
The new fireworks bans in Petaluma, Sebastopol, and Cloverdale will limit available locations for
individuals and families to travel in order to lawfully use state approved fireworks and will bring
additional crowds to Rohnert Park. Rohnert Park will be the only place in a county of over 500,000
people to purchase and discharge fireworks.
Increased Fire Danger
An increasing number of Red Flag Weather Days throughout our community drives up the frequency
of increased fire risk. Over the past four years, Sonoma County has experienced several devastating
wildfires which have impacted the county. Most recently, the October 23rd, 2019 Kincade Fire which
burned over 75,000 acres in Sonoma County. The Kincade fire forced mandatory evacuations
throughout the Sonoma County area causing our City to activate its Emergency Operations Center,
(EOC). In 2019, the City was also subjected to PG&E Public Safety Power Shutoffs (PSPS’s), again
forcing the activation of the City’s EOC. It is expected that PG&E PSPS’s will continue in 2020
during forecasted extreme weather conditions. The continuation of power outages in 2020 could
significantly affect the Public Safety Department’s ability to respond to fire and other emergencies.
During the 2019-20 annual precipitation period, the county has experienced below average rainfall,
which has caused drier than average conditions in and around the City, the County, and throughout
Northern California. As of May 6th, Sonoma County has only received approximately 50% of average
ITEM NO. 6.A.
3
rainfall for the annual precipitation period that started on October 1, 2019. This presents a significant
risk increase due to dangerous fire conditions for the upcoming year.
COVID-19 Pandemic:
The City of Rohnert Park is also battling the Novel Coronavirus (COVID-19) pandemic, which has
caused a state of emergency in the City, County, and statewide. To navigate through this
unprecedented approach to the Pandemic, the city has closed City Hall and required all non-essential
government employees to work remotely. The steps taken by the City were put in place for the
purpose of protecting our employees and the public from person to person spread of the COVID-19
virus.
The sale and discharge of “Safe and Sane” Fireworks have the significant potential for medium to large
gatherings to occur, which could exacerbate the rate of COVID-19 transmissions, thus undermining the
important progress the City and county has made to slow and stop the transmissions of COVID-19.
While staff are recommending a ban on fireworks, staff are particularly concerned about additional
gatherings and recommend at least a one-year ban due to risks presented by COVID-19 if Council does
not desire to implement a permanent ban.
If the sale and use of “Safe and Sane” Fireworks are allowed this year, staff recommend that
additional restrictions on locations of use be imposed.
As discussed above, Petaluma, Cloverdale, and Sebastopol have joined the other cities in Sonoma
County who have banned the sale and use of “Safe and Sane” Fireworks within their city.
Petaluma, Sebastopol, Sonoma, Healdsburg, Santa Rosa, and Windsor have also cancelled their
community sponsored Fourth of July Fireworks shows. The Green Music Center also cancelled its
fireworks show this year. The City of Rohnert Park must consider additional restrictions on large
gatherings if it is determined that the sale and use of “Safe and Sane” Fireworks will be permitted
this year.
As stated in the April 23, 2019 staff report,
“Anecdotally, it has been reported that safe and sane and illegal fireworks are not only set off in
the neighborhood streets, but also that larger groups congregate in parking lots to ignite fireworks.
Rohnert Park appears to attract fireworks enthusiasts from outside the city, where they might not be
permitted to light fireworks. In 2018, CBS news featured the gathering that happens in the Home
Depot parking lot, where it was shown that hundreds of revelers were there to observe and light
fireworks. According to the CBS report 1, this activity is one of the more well-known impromptu
fireworks stages in Rohnert Park.”
The Public Safety Department developed a plan in 2019 to have a bigger impact on the activities of
individuals during the Fourth of July holiday. Public Safety staff were stretched thin in order to
provide police and fire services to Rohnert Park residents and the additional large number of
visitors who came from other communities. Due to the current requirements of the Sonoma County
Health Order requiring social distancing to reduce the possibility of person-to-person transmission
ITEM NO. 6.A.
4
of the Novel Coronavirus (COVID-19), and the expected increase in the number travelling to
Rohnert Park on the Fourth of July, additional steps must be taken to limit large crowds within the
city.
If fireworks are permitted, staff recommend the following to reduce large gatherings within the city:
• Close all city parks on the Fourth of July
• Limit the permissible areas where fireworks may be set off. Currently Rohnert Park does
not explicitly limit where fireworks can be discharged, other than restricting use near
fireworks stands. Prohibit individuals from using commercial parking lots for fireworks.
• Require the use of “Safe and Sane” Fireworks in the public right of way directly adjacent
to one’s residence.
If the sale and use of “Safe and sane” Fireworks are allowed this year, staff recommends that
Council provide additional authority to impose conditions on sales to ensure adherence to the
Sonoma County Health Order.
The Sonoma County Health Order outlines the requirements for retail businesses to operate during
the COVID-19 Pandemic. Sonoma County Health Order C19-09, Appendix A (Social Distancing
Protocols) provides comprehensive list of requirements a retail business must meet prior to offering
services. If Council does desire to allow the sale of fireworks this year, staff are proposing that the
Council adopt an urgency ordinance to provide express authority to staff to impose additional
conditions on permits for sale of fireworks in order to protect public health and safety . To address
risks from to the COVID-19 Pandemic, staff recommend providing the ability to specifically
impose conditions similar to the following, which would apply to all involved in the selling of “Safe
and Sane” Fireworks from a fireworks booth in order to adhere to Sonoma County Order
requirements.
Dennis Revell, (Revell Communications), has worked with the Sonoma County Health officials and
Sonoma County legal counsel to develop a social distancing checklist for non-profits who are
permitted to sell “Safe and Sane” Fireworks. The checklist, which I have attached to the report,
adheres to the requirements of the Sonoma County Health Order C19-09, Appendix A (Social
Distancing Protocols).
The following is a sample of what the requirements may look like if “Safe and Sane” Fireworks are
sold in the City of Rohnert Park and staff have the ability attach conditions to permit issuance.
Additional requirements can be added to enhance safe practices.
SIGNAGE
• A minimum of four signs must be posted on the fireworks booth outlining purchasing
requirements. The signage must outline requirements for social distancing and facial
coverings. Additional signage may be required to outline additional requirements listed below.
• Post Physical Distancing Protocol at a reasonable, safe distance in all directions, wherever
possible.
ITEM NO. 6.A.
5
MEASURES TO PROTECT VOLUNTEERS IN STANDS
• All volunteers must be told they should not work in the stand if they are sick, have a cough or a
fever.
• The volunteer in charge, at any given time, will be responsible for checking that volunteers are
symptom free before starting their shift in the stand.
• All volunteers in the stand will attempt to maintain a six-foot separation.
• Disinfectants must be available for all volunteers at the beginning, during and at the conclusion
of their shift.
• Hand sanitizer effective against COVID-19 is available to all volunteers and customers.
MEASURES TO PREVENT CROWD GATHERING
• Post volunteers outside the stand to make sure customers maintain their six-foot separations,
use the Express Order station outside the stand rather than perusing product in the stand, and
are complying with all local health restrictions, like face coverings, etc.
• Set up an Express Order line, where possible, that allows expedited transactions by people who
have already decided what they want to buy.
MEASURES TO KEEP PEOPLE AT LEAST SIX FEET APART
• Placing signs outside the stand reminding people to be at least six feet apart, including when in
line.
• Placing tape or other temporary markings or indicators at least six feet apart in each customer
line area outside the stand with signs directing customers to use these to maintain distance.
• All volunteers have been instructed to maintain at least a six-foot distance from customers and
each other, except volunteers may momentarily come closer when necessary to accept payment,
order their fireworks, or as otherwise necessary.
MEASURES TO PREVENT UNNECESSARY CONTACT
• Provide and encourage customers to use contactless payment methods, or, if not feasible, have
the volunteers sanitize the payment system regularly.
• Provide a special purchase line for seniors, first responders and health care workers, where
possible.
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change them
frequently.
• Require volunteers to wear face coverings that cover the nose and mouth when in the stand.
Provide such face coverings to volunteers if needed.
• Require individuals purchasing fireworks to wear mask while making a purchase.
• Set up an Express Order area outside the stand and use a preprinted order form that customers
will fill out and take to the stand when completed. This will limit contact time will volunteers
inside the stand and speed up transactions.
MEASURES TO INCREASE SANITIZATION
• Disinfecting wipes that are effective against COVID-19 are available in the stand.
ITEM NO. 6.A.
6
• Hand sanitizer is available to the volunteers and the customers at the stand, at the Express
Order area, and anywhere else inside the stand or immediately outside where people have direct
interaction.
• Disinfecting all payment portals, pens, and styluses after each use.
• Disinfecting all high-contact surfaces frequently.
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change them
frequently.
CONTACTLESS PURCHASING
• Customers will not touch or hold fireworks prior to purchase.
• Seller will bag fireworks while wearing gloves.
• Seller will deliver bagged fireworks through side door to a designated table location.
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 consideration of 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 its
fireworks policy.
OPTIONS CONSIDERED:
1. Recommended Option: Ban the use and sales of fireworks in Rohnert Park via an urgency
ordinance for this year in light of COVID-19 pandemic, and also ban fireworks for
subsequent years by regular ordinance. Allowing “Safe and Sane” fireworks will draw
an increased number of enthusiasts from outside the area due to new fireworks bans in
Petaluma and Sebastopol, and the cancellation of community sponsored events in
Petaluma, Santa Rosa, Sebastopol, Windsor, Healdsburg, and Sonoma. The increased
population will increase fireworks use, and the potential for accidental fire, even more.
2. Alternative: Staff also considered only implementing a one year ban on “Safe and sane”
fireworks due to the COVID-19 pandemic and the requirement of social distancing to
prevent the person-to-person spread of the virus. A one-year ban would need to be
implemented by an urgency ordinance.
3. Alternative: If the City Council opts not to ban the sale and use of “Safe and Sane”
Fireworks, then staff requests that the use be restricted to only the public public right of
way adjacent to the individual’s residence, and a prohibition on use on commercial parking
lots and a closure of city parks to prevent gatherings in order to prevent the person-to
person spread of the COVID-19 virus, and additional authority to impose permit conditions
to address risks of COVID-19.
FISCAL IMPACT/FUNDING SOURCE:
Approximately $16,000 in fee and permit revenue is collected annually to offset costs incurred to
ensure safety compliance for fireworks booths and to produce educational materials for fireworks
ITEM NO. 6.A.
7
safety. Approximately $3,155 in sales tax revenue is received from fireworks sales. The City
expends over $20,000 in overtime costs for an “all hands”/ full public safety deployment on the
Fourth of July.
Department Head Approval Date: 05/19/20
Finance Director Approval Date: N/A
City Attorney Approval Date: 5/20/20
City Manager Approval Date: 5/21/2020
Attachments
1. Appendix A, COVID-19 Checklist for Fireworks Booths
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
Appendix A: Social Distancing Protocol
Nonprofit Organization’s Name: .
Nonprofit Organization’s Address:
Approximate gross square footage of space open to the public:
All fireworks stands are located on private business parking lots or property already opened to the public.
Essential Businesses must implement all applicable measures listed below, and be prepared to explain
why any measure that is not implemented is inapplicable to the business.
Signage:
☐ Signage at each entrance of the fireworks stand and around it to inform all volunteers and customers that
they should: avoid entering the stand if they have COVID-19 symptoms; maintain a minimum six-foot
distance from one another; sneeze and cough into a cloth or tissue or, if not available, into one’s elbow;
wear facial covering, as appropriate; and not shake hands or engage in any unnecessary physical contact.
☐ Signage posting a copy of the Social Distancing Protocol a safe distance in all directions around the
fireworks stands wherever possible.
Measures to Protect Volunteer Health (check all that apply to the fireworks stand):
☐ Everyone who can carry out their work duties from home has been directed to do so.
☐ All volunteers have been told not to come to volunteer at fireworks stand if sick.
☐ Educated volunteers to carry out COVID-19 mitigation plans and protocols.
☐ Provide training to volunteers on COVID-19 mitigation measures for customer-facing activities.
☐ Temperature checks are recommended to verify the volunteer’s temperature is below 100.0 F before entry
into the fireworks stand.
☐ Symptom checks are being conducted before volunteers may enter the fireworks stand.
☐ Volunteers are required to wear facial covering, as appropriate.
☐ All volunteers in the stand will attempt to maintain a six feet separation.
☐ Break rooms, bathrooms, and other common areas are being disinfected frequently, on the following
schedule:
☐ Break rooms:
☐ Bathrooms:
☐ Other: Fireworks stands will be disinfected frequently. There are no break rooms or bathrooms
facilities provided or available.
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
☐ Disinfectant and related supplies are available to all volunteers at the beginning, during and at the
conclusion of their shift.
These supplies will be provided by the Fireworks Wholesaler.
☐ Hand sanitizer effective against COVID-19 is available to all volunteers at the following location(s): Click
or tap here to enter text.
Will be provided by Fireworks Wholesaler.
☐ Soap and water are available to all volunteers at the following location(s): Not Applicable
☐ Copies of this Protocol have been distributed to all volunteers.
☐ Optional—Describe other measures:
Measures to Prevent Crowds from Gathering (check all that apply to the fireworks stand):
☐ Limit the number of customers immediately in front of the fireworks stand at any one time, which allows
for customers and volunteers to easily maintain at least six-foot distance from one another at all practicable
times.
☐ Post a volunteer in front of the fireworks stand to ensure that the maximum number of customers in
front of the fireworks stand set forth above is not exceeded.
☐ Placing per-person limits on goods that are selling out quickly to reduce crowds and lines.
Not Applicable
☐ Optional—Describe other measures: Set up an Express Order line and desk, where possible, that allows
expediated transactions by people who have already decided what they want to buy.
Measures to Keep People at Least Six Feet Apart (check all that apply to the fireworks stand)
☐ Placing signs outside the fireworks stand reminding people to be at least six feet apart, including when in
line.
☐ Placing tape or other markings at least six feet apart in customer line areas in front of the fireworks stand
with signs directing customers to use the markings to maintain distance.
☐ Separate order areas from delivery areas to prevent customers from gathering.
☐ All volunteers have been instructed to maintain at least six feet distance from customers and from each
other, except volunteers may momentarily come closer when necessary to accept payment, deliver
goods or services, or as otherwise necessary.
☐ Optional—Describe other measures:.
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
Measures to Prevent Unnecessary Contact (check all that apply to the fireworks stand):
☐ Preventing people from self-serving any items that are food-related.
(Not Applicable)
☐ Lids for cups and food-bar type items are provided by staff; not to customers to grab.
(Not Applicable)
☐ Bulk-item food bins are not available for customer self-service use.
(Not Applicable)
☐ Not permitting customers to bring their own bags, mugs, or other reusable items from home.
(Not Applicable)
☐ Providing for contactless payment systems or, if not feasible, sanitizing payment systems regularly.
Describe:.
☐ Optional—Describe other measures (e.g. providing senior-only hours):
• Provide a special purchase line for seniors, first responders and health care workers where possible.
• Instruct volunteers to wear disposable plastic gloves while in stand and to change them frequently.
• Encourage volunteers to wear face coverings that cover their nose and mouth when in the stand. Where
required by local mandate, require all volunteers to wear face coverings when in the stand. Provide such
face coverings to volunteers if needed.
• Set up and man an Express Order area outside the stand and at a distance from customers making their
purchases at the stand, that, using pre-printed forms, will assist a customer to complete a list of items he/she
desires to purchase so when they are at the stand their interactions with the stand volunteers is minimized.
Measures To Increase Sanitization (check all that apply to the fireworks stand):
☐ Disinfecting wipes that are effective against COVID-19 are available in the fireworks stand.
☐ Volunteer(s) assigned to disinfect carts and baskets regularly.
(Not Applicable)
☐ Hand sanitizer, is available to the volunteers and customers at the stand, at the Express Order area, and
anywhere else inside the stand or immediately outside the stand and anywhere else where people have
direct interactions.
☐ Disinfecting all payment portals, pens, and styluses after each use.
☐ Disinfecting all high-contact surfaces frequently.
☐ Optional—Describe other measures:
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change them frequently.
the amendments to the Municipal Code it made in 2019 to provide tighter restrictions
regarding the timelines for the sale and use of state-approved fireworks and adding the
Social Host component as well as utilizing the illegal fireworks reporting app known as
“Nail’em”.
I would like to make corrections to two statements made in this staff report and bring
these to your attention. The first being that on May 13, 2020 the Cloverdale City
Council did not vote to ban the sale and use of state-approved fireworks for this year.
An urgency ordinance was presented and failed to pass. On Wednesday, May 27th, a
resolution will return attempting to impose a moratorium for 2020. On May 19, 2020 we
were apprised, in writing, by the Cloverdale City Manager that its passage was not
anticipated and that the nonprofit organizations should be prepared to submit their
permit paperwork by the May 31, 2020 deadline. The second is that the Sebastopol City
Council banned the sale of fireworks. That is not correct. On Tuesday, May 19, 2020
the Sebastopol City Council failed to issue temporary use permits for the fireworks
stands. It was not a vote to ban fireworks.
Should the City of Rohnert Park allow the sale and use of “Safe and Sane” fireworks this
year?
I think all objective individuals would agree that the sale and use of illegal fireworks in
California has reached epidemic proportions As statewide statistics clearly demonstrate, it is
even worse in communities were no fireworks are allowed. Despite Santa Rosa banning the
sale and use of state-approved fireworks in 2004, Santa Rosa has continued to be riddled with
massive amounts of personal displays of illegal fireworks for weeks surrounding the 4th of
July.
Just this week a Sonoma County Area Fire Chief shared with me how he and his family enjoy
going to the public display at the Santa Rosa Fairgrounds each year and how each year he is
shocked by the growing amount of illegal fireworks activity going on in Santa Rosa, even
adjacent to the fairground, unabated by law enforcement or fire departments. “Yet each year
they claim they don’t have a problem,” he concluded.
Last year, after months of Rohnert Park City staff studying the issue, they advised the City
Council that:
Safe and Sane fireworks have not caused any structure fires in the entire history of
Rohnert Park and illegal fireworks were the cause of most fireworks-related problems,
calls for service, injuries and damages.
“There is little evidence that ‘safe and sane fireworks’, when used properly, have caused
catastrophic harm. Arguably it is the ‘bad actors’ who use illegal fireworks or use legal
ones improperly that expose the city, their neighbors and themselves to danger.”
Similarly, in the other Sonoma communities that allow the sale and use of state-approved
fireworks, their fire departments advised their City leaders that 99% of the complaints that
they receive were for illegal fireworks not state-approved fireworks.
Redwood City hasn’t allowed the sale and use of state-approved fireworks since 1980, yet it
was experiencing a rapid growth of illegal fireworks use. The city had approved an increased
in administrative fines in 2018, as Rohnert Park had done and, as a result, it received more
From:Dennis Revell
To:Callinan, Joseph; Belforte, Gina; Adams, Susan; Mackenzie, Jake; Stafford, Pam
Cc:Admin; CityClerk; Mattos, Tim; Nicks, Jeff; "Aaron Crawford"; Cathy Castilone; John Castilone; Public Comment
Subject:City Council Meeting // Tuesday, May 26, 2020 at 5:00 PM // AGENDA ITEM: 6.A Discussion and Direction
Regarding Sales and Use of “Safe and Sane” Fireworks
Date:Friday, May 22, 2020 3:59:24 PM
Attachments:Request by Rohnert Park Sebastopol and Cloverdale nonprofit organizations for your review comment and
approval of Fireworks Stand Physical Distancing Protocol for 2020 .msg
Sonoma County Appendix A Covid-19 Checklist for Fireworks Booths (00037240xB1573).docx
Social Distancing Handout (00037287xB1573).docx
Importance:High
EXTERNAL EMAIL
May 22, 2020
Mayor Joseph Callinan and via email
Members of the Rohnert Park City Council
130 Avram Avenue
Rohnert Park, CA 94928
RE: Our Client: American Promotional Events, Inc. (TNT Fireworks)
SUBJECT: City Council Meeting
DATE: Tuesday, May 26, 2020 at 5:00 PM
AGENDA ITEM: 6.A Discussion and Direction Regarding Sales and Use of “Safe and
Sane” Fireworks
Dear Mayor Callinan and Councilmembers:
Since 1989, Revell Communications has served as the public relations/public affairs
representative for American Promotional Events, Inc., (TNT Fireworks), the state’s leading
wholesale distributor of State Fire Marshal-Approved Fireworks. In addition, we assist TNT
Fireworks with its community liaison activities as well as the development and
implementation of both local and statewide Fireworks Safety & Education Programs that it
coordinates and/or underwrites in conjunction with local and state fire departments. We also
assist our client as well as the State of California and many local communities with the
collection, tabulation and analysis of local fire and injury data as it relates to illegal, state-
approved and unknown fireworks and act as a resource library for those same entities on
emerging enforcement and public education techniques throughout the country as we all battle
with the growing menacing problem of illegal fireworks.
Before embarking on analysis and response to this City Council Agenda Report, I would
like to preface my response with the following comments:
As I have repeatedly said in the past, on behalf of both my firm, our client and the
Rohnert Park nonprofit organizations that we have the pleasure of working with, I
would like to compliment this City Council, the Public Safety staff and its leadership for
reports of illegal fireworks, compared to prior years, just like Rohnert Park.
Like an increasing number of cities, counties and fire districts, in 2019 Redwood City and
Rohnert Park both chose to adopt a Fireworks Social Host Ordinance. Both City Councils
were advised by staff that “This ordinance would improve enforcement capabilities in a
number of ways. Typically, it is not difficult for enforcement personnel to identify the
general location from which the use of illegal fireworks emanates. The difficulty lies in
identifying the individual user or possessor. This type of ordinance greatly simplifies this
challenge and allows an officer to focus on a particular person (or multiple persons)
responsible for the property. A Social Host Ordinance reduces the need for an officer to
physically insert themselves into a crowd to identify the user or possessor and allows the
safer and more measured approach of merely identifying the responsible party for either
contact at the time of the incident or later follow up.” On July 9, 2019 Chief Mattos revealed
in testimony before this City Council there were 59 Administrative Citations issued, each one
costing a violator $1,000. This was compared to 2108, when there were only 4 citations given
and none in 2017. He said, “Handing out citations made a big impact for 2020.”
We can no longer ignore the obvious, hoping it will just go away. The problem is illegal
fireworks! We need solutions and the Fireworks Social Host ordinance adopted by the
Rohnert Park City Council was a monumental step in that direction. Banning state-approved
fireworks, even for one year, is not the solution.
If the sale and use of “Safe and Sane” fireworks are allowed this year, what additional
use requirements should be developed to address the Sonoma County Health Order?
Please be advised that we have reviewed the three staff recommendations to reduce large
gatherings in the City and have confidence that this City Council and the nonprofit
organizations will have the best read on whether or not these recommendations will work and
if so, how best to implement them. As you will see below, in addition to Physical Distancing
Protocols at the fireworks stands, we have added a Physical Distancing Outreach Component
to be shared with and practiced by each nonprofit’s customers with the products that they
purchase at the fireworks stands.
If the sale and use of “Safe and Sane” fireworks are allowed this year, staff recommends
that the Council provide additional authority to impose conditions on sales to ensure
adherence to the Sonoma County Health Order.
As can be seen from the attached email dated May 14, 2020 (which Rohnert Park Public
Safety was cc’d) to Sonoma County Health Services Department Director, Ms. Barbie
Robinson, and subsequent emails with its Health Officer Dr. Sundari Mase, MD, MPH and its
legal department, at the behest of the 21 nonprofit organizations in Sonoma County (16 in
Rohnert Park; 3 in Sebastopol; and 2 pending in Cloverdale) that our client is proud to serve;
we sought and gained the County Health Services Department’s approval to modify Sonoma
County’s Physical Distancing Protocol as an acceptable operation of fireworks stands by
Sonoma County nonprofit organizations. I have taken the liberty of attaching an extra copy of
that protocol for your review.
On March 19, 2020 Governor Gavin Newsom along with the California State Public Health
Officer and Director of California Department of Public Health Dr. Sonia Angell placed into
effect an Executive Order that, until lifted or modified, governs all retail and wholesale
operations in the State of California. That Executive Order empowers local county health
officers to enforce as well as cite individuals/companies and to develop their own protocols, so
long as they are consistent with the state’s protocols.
On Tuesday, April 28, 2020, the Governor laid out four stages that the state will follow as it
slowly removes the stay-at-home orders. California has now moved from its first phase, where
only essential businesses were allowed open, into a second phase that would allow most
nonessential businesses to open. Under Stage 2, nonessential retail, manufacturing, logistics
and office-based businesses, where telework is not possible, can reopen. During Governor
Newsom’s daily press briefing on Monday, May 4, 2020 he announced that on Thursday, May
7, 2020 he would be announcing the guidelines for Stage 2 to begin on Friday, May 8th. Those
guidelines were published and took effect May 8th as we began Stage 2.
On Tuesday May 12th , the Governor and Dr. Angell issued additional guidelines for shopping
malls, destination shopping centers, strip malls, outlet malls and swap meets (referred to
collectively as “shopping center operators”). In the “Physical Distancing Guidelines” of that
document attached hereto, they addressed and permitted temporary sales locations like
vendor carts, kiosks, vendor tables, tents and “other displays” conditioned on them
complying with appropriate physical distancing guidelines. The sixteen Rohnert Park
nonprofits’ temporary state-approved fireworks stands fall within the enumerated category of
“other displays” as they are the functional equivalent to a vendor cart, kiosk, swap meet
vendor table, or tent. (These guidelines are attached to the attached May 14th email to Health
Services.)
While we have not been requested or directed by Sonoma County Health Services to do so, we
have recently added an outreach component to our Covid-19 program to impact and direct the
state-approved fireworks customer to practice physical distancing in their use of the product as
well. Attached please find the following:
TNT’s “Stay Safe, Stay Distant” poster and
TNT’s “Social Distancing Handout”
The posters will appear on and/or around the stand and the handout will be given to every
customer at a TNT stand in Rohnert Park.
It is important to note, that large, stadium-sized gatherings will not be allowed under the
existing state executive orders until Governor Newsom’s Stage 4 is reached. As a result, many
local jurisdictions have suspended or put on hold their community’s 4th of July public
fireworks displays. Consequently, family backyard celebrations using state-approved
fireworks will be the only safe and responsible option available to most Californians. State
statistics as well as anecdotal evidence clearly demonstrates that in the absence of public
displays and state-approved fireworks, many Californians will regrettably gravitate to using
dangerous illegal fireworks, particularly aerial items and exploding pyrotechnics that cause
virtually all of the fireworks-related fires and injuries each year.
So many Californians and their families have dutifully adhered to the COVID-19 mandates
and recommendations promulgated at both a state and county level for the last 9 weeks. They
have done so at great personal, financial, spiritual, and emotional cost to themselves and their
loved ones. We believe that properly planned and executed, families will be able to purchase
state-approved fireworks as safely as groceries and will gather at home with just their family
to enjoy each other, some good food, our nation’s birthday and some well-deserved fun.
We respectfully request that you continue to move forward and issue permits to the sixteen
Rohnert Park nonprofit organizations. Please be advised that these nonprofit organizations as
well as our client will be working with city staff to amend, improve or add to the signage
and/or handouts that this City Council and/or city staff deem necessary.
Very Truly Yours,
REVELL COMMUNICATIONS
Dennis C. Revell
President/CEO
(916) 443-3816---Office
(916) 952-5351---Mobile
Cc: Chief Tim Mattos
Lt. Jeff Nicks
City Manager, Darrin Jenkins
City Clerk, JoAnne Buergler
From:Dennis Revell
To:Barbie Robinson
Cc:Mattos, Tim; Nicks, Jeff; bbraga@cityofsebastopol.org; John Castilone; Cathy Castilone; Aaron Crawford
Subject:Request by Rohnert Park, Sebastopol and Cloverdale nonprofit organizations for your review, comment, and approval of Fireworks Stand Physical Distancing
Protocol for 2020
Attachments:CA Covid 19 Industry Guidance...Shopping Center Operators May 12 (00037134xB1573).pdf
TNT FIREWORKS STAND PHYSICAL DISTANCING PROTOCOL--Version # 2 (00037150xB1573).docx
Importance:High
MEMORANDUM
Via
email
To: Barbie Robinson, MPP, JD, CHC Cc: Chief Tim Mattos
Director Director of Public Safety
Sonoma County Health Services Rohnert Park
Jeff Nicks
Lieutenant-Fire
Public Safety Dept.
Rohnert Park
Bill Braga
Fire Chief
Sebastopol Fire Department
From: Mr. Dennis Revell John Castilone
President/CEO Cathy Castilone
Revell Communications Aaron Crawford
(916) 443-3816---Office
(916) 952-5351---Mobile
Date: May 14, 2020
RE: Our Client: American Promotional Events, Inc. (TNT Fireworks)
SUBJECT: Request for your review, comment, and approval of
Fireworks Stand Physical Distancing Protocol for 2020
in the Cities of Rohnert Park, Sebastopol and Cloverdale
Since 1989, Revell Communications has served as the public relations/public affairs representative for American Promotional
Events, Inc., (TNT Fireworks), the state’s leading wholesale distributor of State Fire Marshal-Approved Fireworks. In addition,
we assist TNT Fireworks with its community liaison activities as well as the development and implementation of both local and
statewide Fireworks Safety & Education Programs that it coordinates and/or underwrites in conjunction with local and state fire
departments. We also assist our client as well as the State of California and many local communities with the collection,
tabulation and analysis of local fire and injury data as it relates to illegal, state-approved and unknown fireworks and act as a
resource library for those same entities on emerging enforcement and public education techniques throughout the country as we
all battle with the growing menacing problem of illegal fireworks.
We have been informed by staff for the Cities of Rohnert Park and Sebastopol that they plan to move forward and issue permits
to their 19 nonprofit organizations that operate temporary stands on shopping and strip mall locations throughout their Cities
each year. It is our further understanding that they are also awaiting further guidance from your office on the physical
distancing guidelines for these nonprofits’ temporary stands. We are sending you this email at the request and behest of the 21
nonprofit organizations (16 in Rohnert Park; 3 in Sebastopol; and 2 pending in Cloverdale) we are proud to serve. Perhaps a
little bit of background information will put these nonprofit organizations’ request in perspective.
For decades, California’s nonprofits have been there to take care of community needs not covered by private resources and
government programs. But today’s COVID-19 Pandemic has decimated them and has put them in a squeeze that they are
scrambling to cope with:
Donations are down, if not nonexistent, because of the state of the economy.Government and foundation funding have been diverted to other critical public health, education, and economic survival
priorities.The need for the senior, social services, education support and youth services these nonprofits provide is skyrocketingbeyond belief.
In the face of this deadly viral enemy, close to 3000 nonprofits in over 297 California communities are relying more than ever
on the funds they raise by selling California State Fire Marshal-Approved Fireworks (Safe and Sane) each 4th of July. These
nonprofits range from well-established organizations that deliver critical services for large numbers of people to tiny groups
that fill a specific niche with the help they provide in their community. Each year these nonprofits net approximately $35
million that helps advance education, improve lives, and provide a critical component of California’s social services safety net.
These three cities are the only jurisdictions in Sonoma County which permits the sale and use of state-approved fireworks each
4th of July.
Existing state law authorizes the sale of Safe and Sane Fireworks from noon on June 28 to noon on July 6, annually, pursuant to
a retail license issued by the State Fire Marshal, unless otherwise prohibited or regulated by local law or ordinance. California
law allows each city, county, or fire district to determine whether it will permit these Safe and Sane Fireworks to be sold and/or
used within their jurisdiction. Currently, 297 communities throughout the State of California have ordinances or resolutions
allowing the sale and use of Safe and Sane Fireworks within their jurisdiction each 4th of July. All these jurisdictions, with a
very few exceptions, restrict the retail sale of these fireworks to nonprofit, community-based organizations within their
jurisdiction. The City of Sebastopol restricts the sale of these items by its community nonprofits to noon on June 28th through
the 4th. The City of Rohnert Park restricts the sale of these items by its community nonprofits to June 30th through the 4th and
use to July 2, 3, and 4. The City of Cloverdale restricts the sale of these items by its community nonprofits to July 1st through
the 4th and use to July 4th only.
On March 19, 2020 Governor Gavin Newsom along with the California State Public Health Officer and Director of California
Department of Public Health Dr. Sonia Angell placed into effect an Executive Order that, until lifted or modified, governs all
retail and wholesale operations in the State of California. That Executive Order empowers local county health officers to
enforce as well as cite individuals/companies and to develop their own protocols, so long as they are consistent with the state’s
protocols.
On Tuesday, April 28, 2020, the Governor laid out four stages that the state will follow as it slowly removes the stay-at-home
orders. California is now moving from its first phase, where only essential businesses were allowed open, into a second phase
that would allow most nonessential businesses to open. Under Stage 2, nonessential retail, manufacturing, logistics and office-
based businesses, where telework is not possible, could reopen. During Governor Newsom’s daily press briefing on Monday,
May 4, 2020 he announced that on Thursday, May 7, 2020 he would be announcing the guidelines for Stage 2 to begin on
Friday, May 8th. Those guidelines have been published and took effect last Friday as we began Stage 2.
On Tuesday May 12th , the Governor and Dr. Angell issued additional guidelines for shopping malls, destination shopping
centers, strip malls, outlet malls and swap meets (referred to collectively as “shopping center operators”). In the “Physical
Distancing Guidelines” of that document attached hereto, they addressed and permitted temporary sales locations like vendor
carts, kiosks, vendor tables, tents and “other displays” conditioned on them complying with appropriate physical distancing
guidelines. The Rohnert Park, Sebastopol and Cloverdale nonprofits’ temporary state-approved fireworks stands fall within the
enumerated category of “other displays” as they are the functional equivalent to a vendor cart, kiosk, swap meet vendor table,
or tent.
We believe that your office should deem the 21 state-approved fireworks fundraising stands operated by these communities’
nonprofit organizations to qualify as Stage 2 nonessential retailers under the attached new guidelines issued on May 12th ,
particularly given: the short duration they are open (usually 9:00 AM to 10:00 PM), the critical community programs these
stands underwrite, that retail stands are the equivalent of “curbside delivery” (see attached picture), and the rather detailed
physical distancing program we have put in place (see protocol attached hereto). TNT Fireworks’ physical distancing protocol
is equal to or greater than those imposed on the retailers currently open and operating in your County.
We welcome your recommendations on any improvements that can be made to the attached protocol. All three cities already
requires our client to conduct mandatory orientation and safety training for the nonprofit organizations operating the fireworks
stands. Over the next six weeks, for the first time they will be doing these via a virtual webinar format and the Physical
Distancing Protocol for the stands will be a significant component of that program. One or more representatives of the Fire
Departments for the three cities usually participates in this safety training. We would welcome you or a representative from
your office to participate as well.
It is important to note, that large, stadium-sized gatherings will not be allowed under the existing state executive orders until
Governor Newsom’s Stage 4 is reached. As a result, many local jurisdictions have suspended or put on hold their community’s
4th of July public fireworks displays. Consequently, family backyard celebrations using state-approved fireworks will be the
only safe and responsible option available to most Californians. State statistics as well as anecdotal evidence clearly
demonstrates that in the absence of public displays and state-approved fireworks, many Californians will regrettably gravitate to
using dangerous illegal fireworks, particularly aerial items and exploding pyrotechnics that cause virtually all of the fireworks-
related fires and injuries each year.
So many Californians and their families have dutifully adhered to the COVID-19 mandates and recommendations promulgated
at both a state and county level for the last 8 weeks. They have done so at great personal, financial, spiritual, and emotional cost
to themselves and their loved ones. We believe that properly planned and executed, families will be able to purchase state-
approved fireworks as safely as groceries and will gather at home with just their family to enjoy each other, some good food,
our nation’s birthday and some well-deserved fun.
We realize that we are living in unprecedented times right now. We also recognize the challenges and burdens this pandemic
has created for you, your staff and all those on the frontlines of trying to save lives as well as our economy, including so many
of the nonprofits on whose behalf we are seeking your guidance and support. Thank you.
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OoV 12,2020
covidl9.co.gov
OVERVIEW
On Morch 19,2020, the Stote Public Heolth Officer ond Director of the Colifornio
Deportment of Public Heolth issued on order requiring most Colifornions to stoy of home
to disrupt the spreod of COVID-19 omong the populotion.
The impoct of COVID-lg on the heolth of Colifornions is not yet fully known. Reported
illness ronges from very mild (some people hove no symptoms) to severe illness thot moy
result in deoth. Certoin groups, including people oged 65 or older ond those with serious
underlying medicol conditions, such os heort or lung diseose or diobetes, ore oi higher
risk of hospitolizotion ond serious complicotions. Tronsmission is most likely when people
ore in close contoct with on infected person, even if thot person does not hove ony
symptoms or hos not yet developed symptoms.
Precise informotion obout the number ond rotes of COVID-19 by industry or
occupotionol groups, including omong criticol infrostructure workers, is not ovoiloble ot
this time. There hove been multiple outbreoks in o ronge of workploces, indicoting thot
workers ore of risk of ocquiring or tronsmitting COVID-lg infection. Exomples of these
workploces include long-term core focilities, prisons, food production, worehouses,
meot processing plonts, ond grocery stores.
As stoy-ot-home orders ore modified, it is essentiol thot oll possible steps be token to
ensure the sofety of workers ond the public.
Key prevention proctices include:
./ physicol distoncing to the moximum exteni possible,
'/ use of foce coverings by employees (where respirotory protection is not required)
ond customers/clients,
'/ frequent hondwoshing ond regulor cleoning ond disinfection,
'/ troining employees on these ond other elements of the COVID-19 prevention plon.
ln oddition, it will be criticol to hove in ploce oppropriote processes to identify new
coses of illness in workploces ond, when they ore identified, to intervene quickly ond
work with public heolth outhorities to holt the spreod of the virus.
PU RPOSE
This document provides guidonce for shopping molls, destinotion shopping centers, strip
ond outlet molls, ond swop meets (referred to collectively os "shopping center
operotors") to support o sofe, cleon environment for workers, customers, ond the
public. Shopping center operotors should ensure thot lessees, including retoil tenonts
ond vendors, be mode owore of the guidonce thot opplies to their operotions. Those
entities ore responsible for implementing the guidonce, but shopping center operotors
should do whot they con io encouroge such oction is token. Shopping center operotors
must ocknowledge thot retoil tenonts ond vendors should only open when they ore
reody ond oble to implement the necessCIry sofety meosures to provide for the sofety of
their employees ond customers.
NOTE: Shopping centers with movie theoters, bors, spos, solons, or other personol
core services should keep those oreos closed until ecch of those types of
estoblishments ore ollowed to resume modified orfull operotion. When ollowed to
reopen io modified or full operotion, shopping centers with these estoblishments
should refer those retoil tenonis to guidonce on such industries os it becomes
ovoiloble on the COVID-19 Resilience Roodmop website. Shopping center food
courts, dining oreos, or dine-in resicuront tenont operotions must follow the
rre n nce R m Ail
public events or concentroted gotherings, including musicol or other
performonces of shopping centers must be concelled or postponed.
The guidonce is not lntended to revoke or repeol ony employee rights, either stotutory,
regulotory or collectively borgoined, ond is not exhoustive, os it does not include
county heolth orders, nor is it o substitute for ony existing sofety ond heolth-reloted
regulotory requirements such os those of Col/OSHA.r Col/OSHA hos more sofety ond
heolth guidonce on their Col/OSHA Guidonce on Requirements to Protect Workers from
Coronovirus webpoqe. CDC hos odditionol guidonce nd em ond
specific guidonce for qrocerv ond food retoilers. FDA hos best pro ctices for retoil food
es t deliv ryt
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Worksite Specific Plon
Estoblish o wriften, worksite-specific covlD-19 prevention plon for the
shopping center focility, perform o comprehensive risk ossessment of oll
work oreos, ond designote o person of the focility to implement the plon
The plon should include considerotions for retoil tenonts ond vendors
operoting within the shopping center.
ldentify contoct informotion for the locol heolth deportment where the
focility is locoted for communicoting informotion obout covlD-lg
outbreoks omong employees.
Troin ond communicote with employees, ond employee representotives
on the plon ond, wherever possible, engoge retoil tenonts ond vendors
to help ensure those stokeholders ore odequotely prepored.
Regulorly evoluote the focility for complionce with the pron ond
document ond correct deficiencies identified. lf personnel copocity
ollows, consider developing o quolity ossuronce teom to ensure retoil
tenonts ond other vendors ore olso obiding by the COVID-,l9 prevention
plon.
lnvestigote ony covlD-lg illness ond determine if ony work-reloted
foctors could hove contributed to risk of infection. Updote the plon os
needed to prevent further coses.
ldentify close contocts (within six feet for l5 minutes or more) of on
infected employee ond toke steps to isolote coVrD-r9 positive
employee(s) ond close contocts.
Adhere to the guidelines below. Foilure to do so could result in workploce
illnesses thot moy couse operotions to be tempororily closed or limited.
Shopping center lessees, including retoil estoblishments ond restouronts,
should refer to specific guidelines for their operotions ovoiloble on the
COVID- I 9 webpoge.
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Topics for Employee Troining
lnformotion on covlD-19, how to prevent it from spreoding, ond which
underlying heolth conditions moy moke individuols more susceptible to
controcting the virus.
Self-screening of home, including temperoture ond/or symptom checks
using CDC guidelines.
The importonce of not coming to work if employees hove o frequent
cough, fever, difficulty breothing, chills, muscle poin, heodoche, sore
throot, recenf loss of toste or smell, or if they or someone they live with
hove been diognosed with COVID-l g.
To seek medicol ottention if their symptoms become severe, including
persistent poin or pressure in the chest, confusion, or bluish lips or foce.
Updotes ond further detoils ore ovoiloble on CDC's webpoge.
The importonce of frequent hondwoshing with soop ond woter, including
scrubbing with soop f or 20 seconds (or using hond sonitizer with of leost
60% ethanol or 70%isoproponol when employees connot get to o sink or
hondwoshing stotion, per CDC guidelines).
The importonce of physicol distoncing, both of work ond off work iime
(see Physicol Distoncing section below).
Proper use of foce coverings, including:
o Foce coverings do not protect the weorer ond ore not personol
protective equipment (PPE).
o Foce coverings con help protect people neor the weorer, but do not
reploce the need for physicol distoncing ond frequent hondwoshing.
o Employees should wosh or sonitize honds before ond ofter using or
odjusting foce coverings.
o Avoid touching the eyes, nose, ond mouth.
o Foce coverings should be woshed ofter eoch shift.
lnformotion on employer or government-sponsored leove benefits the
employee moy be eniitled to receive thot would moke it finonciolly
eosier to stoy of home. see odditionol informotion on qovernment
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19, including employee's sick leove rights under the Fomilies First
Coronovirus Response Act ond employee's rights to workers'
compensotion benefits ond presumption of the work-relotedness of
5
COVID-19 pu rsuont to the Governor's Executive O rder N-52-20
lndividuol Control Meosures qnd Screening
a Provide temperoture ond/or symptom screenings for oll workers of the
beginning of their shift ond ony vendors, controctors, or other workers
entering the estoblishment. Moke sure the temperoture/symptom
screener ovoids close contoct with workers to the extent possible. Both
screeners ond employees should weor foce coverings for the screening.
lf requiring self-screening of home, which is on oppropriote olternotive to
providing it of the estoblishment, ensure thot screening wos performed
prior to the worker leoving the home for their shift ond follows cDc
guidelines, os described in the Topics for Employee Troining section
obove.
Encouroge workers who ore sick or exhibiting symptoms of CovlD-,l9 to
stoy home.
Employers should provide ond ensure workers use oll required protective
equipment, including foce coverings ond gloves where necessory.
Employers should consider where disposoble glove use moy be helpful to
supplement frequent hondwoshing or use of hond sonitizer; exomples ore
for workers who ore screening others for symptoms or hondling commonly
touched items.
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o Foce coverings ore strongly recommended when employees ore in the
vicinity of others. Workers should hove foce coverings ovoiloble ond weor
them when interfocing with other workers or the public, including within
retoil tenont focilities, in breokrooms ond offices, looding docks/delivery
clreos, or in o vehicle for work-reloted trovel when troveling with others.
Foce coverings must not be shored.
Shopping centers must toke reosonoble meosures, incruding posting
signoge in strotegic ond highly-visible locotions, to remind workers, retoil
tenonts, vendors, ond the public thot they should use foce coverings ond
mointoin physicol distoncing.
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Cleoning qnd Disinfecting Protocols
o Perform thorough cleoning in high troffic oreos, such os restrooms,
employee breok rooms, ond entronces ond exits, including doors ond
door hondles, stoirwoys, escolotor hondroils, ond elevotor controls.
Frequently disinfecf commonly used surfoces, including benches,
counters, ATM PIN pods, regisfers, woter fountoins (spout, button/lever,
ond nozzle), guordroils, disploys, hond-held devices, sherving, customer
ossistonce coll buttons, hondwoshing ond sonitotion focilities, moll
seoting, touch screens, focility mops, vending mochines. etc.
Turn off public woter drinking fountoins ond put signs informing customers
they ore inoperoble.
Regulorly cleon ond sonitize shored equipment between eoch use, such
os time clocks, rodios, ond heodsets for workers os well os wheelchoirs,
strollers, mobilized devices, corts, boskets, or other equipment frequenfly
used by shoppers.
Regulorly wipe down touchoble surfoces, including but not limited to
working surfoces, registers, touchscreens, computer monitors, ond
stotionory ond mobile equipment controls.
Avoid shoring oudio equipment, phones, toblets, loptops, desks, pens,
ond oiher work supplies wherever possible. Never shore ppE.
Discontinue shored use of oudio heodsets ond other equipment between
workers unless the equipment con be properly disinfected ofter use.
Consult equipment monufocturers to determine oppropriote disinfection
steps, porticulorly for soft, porous surfoces such os foom eormuffs.
Provide time for workers to implement cleoning proctices during their
shift. cleoning ossignments should be ossigned during working hours os
port of the workers' job duties. Procure options for third-porty cleoning
componies to ossist with the increosed cleoning demond, os needed.
Equip customer entronces ond exits, promenodes, ond other common-
spoce oreos with proper sonitotion products, including hond sonitizer.
Disploy signoge indicoting where the neorest hond sonitizer dispenser is
locoted. Check hond sonitizer dispensers periodicolly ond refill before
they run out.
when choosing cleoning chemicols, employers should use products
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opproved for use ogoinst COVID-,l9 on the tol Pro
Agency (EPA)-opproved list ond follow product instructions. Use
disinfectonts lobeled to be effective ogoinst emerging virol pothogens,
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diluted household bleoch solutions (5 toblespoons per gollon of woter), or
olcohol solutions with of leost 70% olcohol thot ore oppropriote for the
surfoce. Provide employees troining on monufocturer's directions ond
Col/OSHA requirements for sofe use. Workers using cleoners or
disinfectonts should weor gloves os required by the product instructions.
Ensure thot sonitory focilities stoy operotionol ond stocked of oll times
ond provide odditionol soop, poper towels, ond hond sonitizer when
needed.
Encouroge the use of credit cords of retoil tenont ond vendor locotions
ond instoll honds-free devices, if possible, including moiion sensor lights,
contoctless poyment systems, outomotic foucets, soop, ond poper towel
dispensers, cnd timecord systems.
consider instolling portoble high-efficiency oir cleoners, upgroding ihe
building's oir filters to the highest efficiency possible, ond moking other
modificotions io increose the quontity of outside oir ond ventilotion in
offices ond other spoces.
Adjust or modify shopping center hours to provide odequote time for
regulor deep cleoning ond product stocking.
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Physicql Distqncing Guidelines
lmplement meosures to ensure physicol distoncing of of leost six feet
between ond omong workers ond customers in oll shopping center
locotions. This con include use of physicol portitions or visuol cues (e.g.,
floor morkings, colored tope, or signs to indicote to where workers ond/or
employees should stond).
Toke meosures of customer service desks or other oreos where physicol
distoncing connot be mointoined to minimize exposure between workers
ond customers, such os Plexiglos or other borriers. Where borriers ore not
feosible, employees should weor foce coverings ond customers ore
strongly recommended to weor foce coverings os well. Some jurisdictions
olreody require foce coverings outside the home.
consider offering workers who request modified duties options thot
minimize their contoct with customers ond other employees (e.g.,
monoging inventory rother thon working os o coshier or monoging
odministrotive needs through telework).
On-property security stoff should octively remind ond encouroge
customers ond the public to comply with the physicol distoncing
stondords.
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o
a
Creote cleorly-morked curbside or outside pickup points, thot mointoin
physicol distonce with visuol cues or other meosures, ond hove
purchosed goods ovoiloble there or ovoiloble through home delivery.
Shopping center operotors, retoil tenonts, ond vendors should olso
identify odditionol strotegies to increose pickup ond delivery service
options for customers to help minimize in-store contoct ond mointoin
physicol distoncing, such os online ordering ond returns-processing from
shoppers' vehicles with no direct hond-off of items.
Develop ond implement controlled foot troffic ond crowd monogement
strotegies thot enoble of leost six feet physicol distoncing between
customers. This con include requiring foot troffic be one-directionol ond
guiding customers with visuol cues, physicol props, ond signoge. Provide
cleorly designoted entronces ond seporoie exits, if feosible ond
oppropriote for the spoce, to help mointoin physicol distoncing ond
support crowd control. Wherever possible, doors should be left open if
they do not open ond close outomoticolly. Work with tenonts to creote
queue systems for customers outside individuol stores while still
mointoining physicol distonce, if necessory.
Shopping center operotors, retoil tenonts, ond vendors should
colloborote to develop store entry queuing systems thot do not disrupt
foot troffic or violote physicol distoncing requirements. consider ond
encouroge olternote entry to retoil tenont focilities, including digitol
reservotions for entry ond pre-order guidelines.
Vendor corts or kiosks should only be permitted to operote in shopping
center oisles or wolking oreos if they do not interfere with updoted foot
troffic meosures or inhibit physicol distoncing requirements. Reconfigure
vendor corts or kiosks, where necessory, to ensure queuing does not
impede physicol distoncing requirements.
Adjust moximum occuponcy rules bosed on the size of indoor focilities
ond individuol stores to limit the number of people in the shopping center
of one time. Copocity limits should be low enough to ensure physicol
distoncing bui in no cose more thon 50% moximum occuponcy of overoll
indoor shopping center copocity. Limit porking ovoilobility, where
feosible, to furfher enforce the revised moximum occuponcy limits.
Moximum occuponcy rules for outdoor shopping centers should be
evoluoted to ensure physicol distoncing requirements con be
mointoined. Open-oir shopping centers, such os swop meets, should
ensure thot vendors spoce tobles, tents, ond other disploys ore in
occordonce with oppropriote physicol distoncing requirements or ensure
other impermeoble borriers ore in ploce.
a
a
a
a
9
a Shopping center operotors should colloborote with retoil tenonts ond
vendors to identify opportunities thot moke use of unused or reconfigured
reol estote for revenue-generoting opportunities in occordonce with
locol reguloiions ond thot support physicol distoncing requirements. This
could include exponding restouront dining spoce in reol estote
monoged by the shopping cenfer operofor, e.g. promenodes or
modified porking spoces.
work with retoil tenonts ond vendors to consider dedicoted shopping
hours for vulneroble populotions, including seniors ond those medicolly
vulneroble, preferobly of o time following o complete cleoning.
Disploy signoge of entronces, customer service counters, or other
oppropriote oreos to remind workers ond shoppers of every opportunity
of physicol distoncing requirements, updoted foot troffic potterns, foce
covering requirements, ond modified store hours.
Children's ploy oreos ond other omenities like corousels, rides, or orcodes
must be closed.
Choirs, seoting, benches ond other public spoces should be reconfigured
to enoble physicol distoncing requirements.
Hold meetings over the phone or vio webinor for employees wherever
possible. lf not feosible, odjust stoff meetings to ensure physicol distoncing
ond use smoller individuol meetings of focilities to mointoin physicol
distoncing guidelines. Ploce odditionol limitotions on the number of
workers in enclosed oreos to ensure of leost six feet of seporotion to limit
tronsmission of the virus.
a
a
a
a
a Close breokrooms, use borriers, or increose distonce between
tobles/choirs to seporote workers ond discouroge congregoting during
breoks. Where possible, creote outdoor breok oreos with shode covers
ond seoting thot ensures physicol distoncing. Stogger employee breoks,
in complionce with woge ond hour regulotions, to mointoin physicor
distoncing protocols.
lmplement physicol distoncing requirements of looding boys ond move
to contoctless signotures for deliveries.
Require vendors who ore required to enter the focility hove their
employees follow the guidonce of locol, stote ond federol governments
regording weoring foce coverings.
a
a
10
rAdditionol requirements must be considered for vulneroble populotions. Shopping center
operotors must comply with oll Col/OSHA stondords ond be prepored to odhere to its guidonce
os well os guidonce from the for Diseo ond the
blic H ditionolly, employers should be prepored to
olter their operotions os those guidelines chonge
covidl9.co.gov lv
,(.Dt,tr
{00037150.DOCX; 1}
TNT FIREWORKS STAND PHYSICAL DISTANCING PROTOCOL
SIGNAGE
• Inside, out in front and on the outside of the stand informing the stand volunteers and
customers that they should: avoid shopping at the stand if they have a cough or fever;
maintain a minimum six-foot distance from one another; do not shake hands or engage in
any unnecessary contact; and where required or requested wear a face covering while
shopping at the stand.
• Post TNT’s Physical Distancing Protocol at a reasonable, safe distance in all directions,
wherever possible.
MEASURES TO PROTECT VOLUNTEERS IN STANDS
• All volunteers must be told they should not work in the stand if they are sick, have a
cough or a fever.
• The volunteer in charge, at any given time, will be responsible for checking that
volunteers are symptom free before starting their shift in the stand.
• All volunteers in the stand will attempt to maintain a six-foot separation.
• Disinfectants must be available for all volunteers at the beginning, during and at the
conclusion of their shift.
• Hand sanitizer effective against COVID-19 is available to all volunteers and customers.
MEASURES TO PREVENT CROWD GATHERING
• Post volunteers outside the stand to make sure customers maintain their six-foot
separations, use the Express Order station outside the stand rather than perusing product
in the stand, and are complying with all local health restrictions, like face coverings, etc.
• Set up an Express Order line, where possible, that allows expedited transactions by
people who have already decided what they want to buy.
MEASURES TO KEEP PEOPLE AT LEAST SIX FEET APART
• Placing signs outside the stand reminding people to be at least six feet apart, including
when in line.
• Placing tape or other temporary markings or indicators at least six feet apart in each
customer line area outside the stand with signs directing customers to use these to
maintain distance.
• All volunteers have been instructed to maintain at least a six-foot distance from
customers and each other, except volunteers may momentarily come closer when
necessary to accept payment, order their fireworks, or as otherwise necessary.
MEASURES TO PREVENT UNNECESSARY CONTACT
• Provide and encourage customers to use contactless payment methods, or, if not feasible,
have the volunteers sanitize the payment system regularly.
• Provide a special purchase line for seniors, first responders and health care workers,
where possible.
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change
them frequently.
{00037150.DOCX; 1}
• Encourage volunteers to wear face coverings that cover the nose and mouth when in the
stand. Where required by local mandate, require all volunteers to wear face covering
when in the stand. Provide such face coverings to volunteers if needed.
• Set up and man an Express Order area outside the stand and at a distance from customers
making their purchases at the stand, that, using preprinted order forms, will assist a
customer to complete a list of items he/she desires to purchase so when they are at the
stand their interaction with the stand volunteers is minimized.
MEASURES TO INCREASE SANITIZATION
• Disinfecting wipes that are effective against COVID-19 are available in the stand.
• Hand sanitizer is available to the volunteers and the customers at the stand, at the Express
Order area, and anywhere else inside the stand or immediately outside where people have
direct interaction.
• Disinfecting all payment portals, pens, and styluses after each use.
• Disinfecting all high-contact surfaces frequently.
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change
them frequently.
•
You may contact the following person with any questions or comments about this Protocol:
CONTACT NAME: _________________________CONTACT PHONE:__________________
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
Appendix A: Social Distancing Protocol
Nonprofit Organization’s Name: .
Nonprofit Organization’s Address:
Approximate gross square footage of space open to the public:
All fireworks stands are located on private business parking lots or property already opened to the public.
Essential Businesses must implement all applicable measures listed below, and be prepared to explain
why any measure that is not implemented is inapplicable to the business.
Signage:
☐ Signage at each entrance of the fireworks stand and around it to inform all volunteers and customers that
they should: avoid entering the stand if they have COVID-19 symptoms; maintain a minimum six-foot
distance from one another; sneeze and cough into a cloth or tissue or, if not available, into one’s elbow;
wear facial covering, as appropriate; and not shake hands or engage in any unnecessary physical contact.
☐ Signage posting a copy of the Social Distancing Protocol a safe distance in all directions around the
fireworks stands wherever possible.
Measures to Protect Volunteer Health (check all that apply to the fireworks stand):
☐ Everyone who can carry out their work duties from home has been directed to do so.
☐ All volunteers have been told not to come to volunteer at fireworks stand if sick.
☐ Educated volunteers to carry out COVID-19 mitigation plans and protocols.
☐ Provide training to volunteers on COVID-19 mitigation measures for customer-facing activities.
☐ Temperature checks are recommended to verify the volunteer’s temperature is below 100.0 F before entry
into the fireworks stand.
☐ Symptom checks are being conducted before volunteers may enter the fireworks stand.
☐ Volunteers are required to wear facial covering, as appropriate.
☐ All volunteers in the stand will attempt to maintain a six feet separation.
☐ Break rooms, bathrooms, and other common areas are being disinfected frequently, on the following
schedule:
☐ Break rooms:
☐ Bathrooms:
☐ Other: Fireworks stands will be disinfected frequently. There are no break rooms or bathrooms
facilities provided or available.
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
☐ Disinfectant and related supplies are available to all volunteers at the beginning, during and at the
conclusion of their shift.
These supplies will be provided by the Fireworks Wholesaler.
☐ Hand sanitizer effective against COVID-19 is available to all volunteers at the following location(s): Click
or tap here to enter text.
Will be provided by Fireworks Wholesaler.
☐ Soap and water are available to all volunteers at the following location(s): Not Applicable
☐ Copies of this Protocol have been distributed to all volunteers.
☐ Optional—Describe other measures:
Measures to Prevent Crowds from Gathering (check all that apply to the fireworks stand):
☐ Limit the number of customers immediately in front of the fireworks stand at any one time, which allows
for customers and volunteers to easily maintain at least six-foot distance from one another at all practicable
times.
☐ Post a volunteer in front of the fireworks stand to ensure that the maximum number of customers in
front of the fireworks stand set forth above is not exceeded.
☐ Placing per-person limits on goods that are selling out quickly to reduce crowds and lines.
Not Applicable
☐ Optional—Describe other measures: Set up an Express Order line and desk, where possible, that allows
expediated transactions by people who have already decided what they want to buy.
Measures to Keep People at Least Six Feet Apart (check all that apply to the fireworks stand)
☐ Placing signs outside the fireworks stand reminding people to be at least six feet apart, including when in
line.
☐ Placing tape or other markings at least six feet apart in customer line areas in front of the fireworks stand
with signs directing customers to use the markings to maintain distance.
☐ Separate order areas from delivery areas to prevent customers from gathering.
☐ All volunteers have been instructed to maintain at least six feet distance from customers and from each
other, except volunteers may momentarily come closer when necessary to accept payment, deliver
goods or services, or as otherwise necessary.
☐ Optional—Describe other measures:.
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
Measures to Prevent Unnecessary Contact (check all that apply to the fireworks stand):
☐ Preventing people from self-serving any items that are food-related.
(Not Applicable)
☐ Lids for cups and food-bar type items are provided by staff; not to customers to grab.
(Not Applicable)
☐ Bulk-item food bins are not available for customer self-service use.
(Not Applicable)
☐ Not permitting customers to bring their own bags, mugs, or other reusable items from home.
(Not Applicable)
☐ Providing for contactless payment systems or, if not feasible, sanitizing payment systems regularly.
Describe:.
☐ Optional—Describe other measures (e.g. providing senior-only hours):
• Provide a special purchase line for seniors, first responders and health care workers where possible.
• Instruct volunteers to wear disposable plastic gloves while in stand and to change them frequently.
• Encourage volunteers to wear face coverings that cover their nose and mouth when in the stand. Where
required by local mandate, require all volunteers to wear face coverings when in the stand. Provide such
face coverings to volunteers if needed.
• Set up and man an Express Order area outside the stand and at a distance from customers making their
purchases at the stand, that, using pre-printed forms, will assist a customer to complete a list of items he/she
desires to purchase so when they are at the stand their interactions with the stand volunteers is minimized.
Measures To Increase Sanitization (check all that apply to the fireworks stand):
☐ Disinfecting wipes that are effective against COVID-19 are available in the fireworks stand.
☐ Volunteer(s) assigned to disinfect carts and baskets regularly.
(Not Applicable)
☐ Hand sanitizer, is available to the volunteers and customers at the stand, at the Express Order area, and
anywhere else inside the stand or immediately outside the stand and anywhere else where people have
direct interactions.
☐ Disinfecting all payment portals, pens, and styluses after each use.
☐ Disinfecting all high-contact surfaces frequently.
☐ Optional—Describe other measures:
• Instruct volunteers to wear disposable plastic gloves while in the stand and to change them frequently.
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
* Any additional measures not included here should be listed on separate pages and attached to this
document.
You may contact the following person with any questions or comments about this protocol:
Name: Phone number:
STAY SAFE
Observe local laws
Use common sense
Read and follow directions
Use only State Fire Marshal-Approved Fireworks
Have an adult present
Only use fireworks outdoors, away from homes, dry grass and trees
Put used fireworks in a bucket of water and have a hose ready
STAY DISTANT
Practice physical distancing
Stay 6 feet away from others
Keep 4th of July Celebrations to family members only
Gatherings should not exceed more than 10 people
Wear face coverings where physical distancing is not possible
Utilize social media to share your TNT Fireworks rather than gathering in
person
By working together, we can keep each other safe and healthy
TNT Fireworks has been providing safe family fun since
1920. STAY SAFE, STAY DISTANT, AND ENJOY
TNT FIREWORKS!
Order of the County Health Officer of the
County of Sonoma Extending the Shelter in Place
* Any additional measures not included here should be listed on separate pages and attached to this
document.
You may contact the following person with any questions or comments about this protocol:
Name: Phone number:
ITEM NO. 6.B.
Meeting Date: May 26, 2020
Department: City Clerk’s Office
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Discussion and Direction Regarding November 3, 2020 Election
Regulations Regarding City Council Candidates’ Statements of
Qualifications
RECOMMENDED ACTION: Provide direction to staff regarding regulations for candidates
for elective office pertaining to the number of words on and costs of printing Candidates’
Statements of Qualifications.
BACKGROUND: On January 1, 2018, the City of Rohnert Park entered into an agreement for
election services with the County of Sonoma, which continues through December 31, 2022. The
nomination period for City Council candidates for the November 3, 2020, Municipal Election
opens on July 13, 2020, and closes on August 7, 2020. If nomination papers for an Incumbent
City Councilmember are not filed by 5:00 p.m. on August 7, 2020, then prospective candidates
(other than incumbents) will have until August 13, 2020, to file nomination papers.
City Council must establish City policy regarding the length (number of words) on the
Candidates’ Statements of Qualifications. It also will set policy as to who shall pay for the
printing of the candidates’ statements in the Voter Information Guide(s). The policy must be
adopted at least seven days before the opening of the nomination period, which is July 6,
2020. Traditionally Council has adopted the policy at the same meeting in which the election
is called–the first or second meeting in June.
For the last 20+ years, the City has set a 200 word limit on the Candidate’s Statement of
Qualifications (SOQ), which is in alignment with the limit established by the Sonoma County
Registrar of Voters Office. In prior elections the City has paid for the cost for the printing of a
200-word SOQ and in 2018 also paid for the cost of printing an additional SOQ in Spanish. No
other city in Sonoma County pays for the cost of printing SOQ.
ANALYSIS: City Council has previously set a 200 word limit on the Candidate’s Statement of
Qualifications (SOQ), which is in alignment with the limit established by the Sonoma County
Registrar of Voters Office. Staff recommends Council continue the established 200 word limit.
As part of the nomination process, each candidate has the option of providing a SOQ. At this
time the City of Rohnert Park is not legally required to print in a foreign language. In prior
elections the City has paid for the printing of a candidate’s SOQ in English. In 2018 the City
paid for the cost of printing in English and Spanish. No other city in Sonoma County pays for the
cost of printing of a candidate’s SOQ.
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.B.
Under the at-large election system, the City’s cost per candidate to print the SOQ has varied:
$268 for 2000; $241 for 2002 and 2004; $268 for 2006; $297 for 2008; $385 for 2010; $257 for
2014; and $625.48 for 2018. Note that no SOQs were needed in 2012 and 2016 due to only the
three incumbents running and the elections being cancelled.
The City has averaged six candidates in the past nine City Council elections:
9 in the 2000 general election; 3 in the 2006 general election;
7 in the 2002 general & special election; 7 in the 2008 general election;
6 in the 2004 special election; 6 in the 2010 general election;
10 in the 2004 general election; 3 in the 2014 general election; and
4 in the 2018 general election.
Estimates below are based upon SOQs for candidates from the same district being printed on a
single page. If the number of SOQs submitted is not evenly divisible by four, and the statement
cannot be printed with any others, the run charges and set up fees increase. The charges are
prorated among the candidates submitting statements for a particular contest. The Registrar of
Voters Office estimates at the maximum.
ROV’s 2018 estimates for Rohnert Park:
200 word Candidate SOQ English English and Spanish
One SOQ per page $1,058 per candidate N/A
Two SOQ per page $529 per candidate $1,158 per candidate
Three SOQ per page $353 per candidate $806 per candidate
Four SOQ per page $265 per candidate $629 per candidate
Using the Sonoma County ROV 2018 estimates (2020 estimates are not available), the cost of
printing the Candidate SOQ for Rohnert Park’s General Municipal Election in English and
Spanish would range from $629 per candidate (two, four, or six candidates) to $1158 for one
candidate. For example, if there were four candidates for one district the estimated cost would be
$2500, one candidate for another district the estimated cost would be $1160, and three candidates
in yet a third district then the estimated cost would be $2682 with an estimated total cost to the
City of $6342.
Any City Councilmember who may be a candidate in November 2020 should recuse himself or
herself from voting on the resolution pertaining to the costs of printing the Candidate’s Statement
since the resolution could have a “personal financial effect.”1 The Councilmember would state the
existence of the potential conflict, following the announcement of the agenda item and before
discussion of the item, and recuse:
1. Disclose that voting on this item would create a conflict of interest because it would
have “a personal financial effect” on the councilmember if he or she chooses to run
1 Title 2 Cal. Code of Regulations § 18702.5
ITEM NO. 6.B.
for re-election, because the councilmember would be subject to the printing costs to
be set by the Council.
2. The councilmember must recuse himself or herself and leave the room after the above
disclosure is made.
However, if this results in the loss of a quorum, councilmembers may be randomly selected to
take part in order to reach a quorum. The selection shall be randomly made by the City Clerk
after the City Clerk announces that a random selection is required in order to maintain a quorum
so that a decision can be made. When a councilmember is selected, he or she shall be selected
for the duration of any related matters, including the adoption of any resolutions needed to
implement the decision on the subject.
STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal C –
Ensure the effective delivery of the City of Rohnert Park’s Municipal Elections.
OPTIONS CONSIDERED:
Direction to staff regarding regulations for candidates for elective office pertaining to
Candidates’ Statements:
Staff recommends adopting regulations that continue the established 200 word limit which is in
alignment with the limits established with the County and allow the City to pay for the printing
of a candidate’s SOQ in English and Spanish because this may reach more of the Rohnert Park
community.
Alternative: Staff also considered recommending maintaining the previous regulations that
continue the established 200 word limit and in which the City paid for the cost of printing the
SOQ in English and the candidate paid for the cost of printing the SOQ into any foreign
language and paid the estimated cost in advance at the time of the filing of nomination papers.
Staff did not recommend this because this may limit the outreach to Rohnert Park voters.
Alternative: Staff also considered discontinuing the practice of covering any portion of the cost
of printing the SOQ and requiring the candidate to pay all costs. If Council would like to explore
this, staff recommends consideration in a non-election year to allow all Councilmembers to
participate in the policy decision.
FISCAL IMPACT/FUNDING SOURCE:
The below chart outlines the 2018 estimates provided by the Sonoma County ROV for Rohnert
Park, which shows costs based on a “per voter” basis. The approximate costs of the election
could be $53,790 to $96,822 including candidate SOQ printing costs.
COST
PER VOTER (range)
TOTAL COSTS
(range)
Type
Registered Voters
From
To
From
To
Council Seats
21516
$2.50
$4.50
$53,790
$96,822
ITEM NO. 6.B.
Many factors impact the cost of elections, including voting systems, ballot printing costs, ballot
postage, and voter information guide typesetting, printing and postage fees.
Staff budgeted a total amount of $60,000 in the proposed budget for FY20-21 in order to cover
overall election costs. The costs of the 2018 at-large election for two city councilmember seats
was $25,000. Staff estimates the total cost of the 2020 district based election for three districts
including printing of candidate statements to be approximately $60,000 based on the 2018
estimate provided by the Sonoma County ROV.
Department Head Approval Date: NA
Finance Director Approval Date: NA
City Manager Approval Date: 5/21/2020
City Attorney Approval Date: 5/20/2020
Attachments (list in packet assembly order):
1. None.
Rohnert Park Covid-19 Community Impact Survey
1 / 31
100.00%1,867
0.00%0
0.00%0
Q1 Do you live in Rohnert Park?
Answered: 1,867 Skipped: 0
TOTAL 1,867
Yes
No
No, but can I
please take ...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Yes
No
No, but can I please take the survey anyway?
Item 6.C. Supplemental
Rohnert Park Covid-19 Community Impac t Survey
2 / 31
73.88%1,208
17.31%283
8.13%133
0.67%11
Q2 Are you able to cover your basic expenses currently (housing, food, utilities, etc.)?
Answered: 1,635 Skipped: 232
TOTAL 1,635
All
M ost
Some
None
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
All
Most
Some
None
Rohnert Park Covid-19 Community Impac t Survey
3 / 31
Q3 How do you anticipate your situation changing in the next three months?
Answered: 1,632 Skipped: 235
About the same
Don't know
Sl ightly w orse
Sl ight ly bet ter
Much w or se
M uch better
0%1 0%20%30%40%50%60%70%80%90%100%
Rohnert Park Covid-19 Community Impac t Survey
4 / 31
50.86%830
14.22%232
13.54%221
11.15%182
5.39%88
4.84%79
TOTAL 1,632
ANSWER CHOICES RESPONSES
About the same
Don't know
Slightly worse
Slightly better
Much worse
Much better
Rohnert Park Covid-19 Community Impac t Survey
5 / 31
4.83%79
51.19%837
43.98%719
Q4 Are you aware of the 211 phone number and website which can connect people needing
help with information and resources?
Answered: 1,635 Skipped: 232
TOTAL 1,635
Yes, I've used
it
Yes, I know
about it, bu...
No, I've not
hear d of it
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes, I've used it
Yes, I know about it, but haven't used it
No, I've not heard of it
Rohnert Park Covid-19 Community Impac t Survey
6 / 31
76.33%1,248
19.14%313
3.98%65
0.55%9
Q5 Do you have enough food for your household?
Answered: 1,635 Skipped: 232
TOTAL 1,635
Yes, I'm not
concer ned
Yes, but
wo rr ied abou...
Not real ly,
but doing ok
No, t his is a
ser ious prob...
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes, I'm not concerned
Yes, but worried about the future
Not really, but doing ok
No, this is a serious problem right now
Rohnert Park Covid-19 Community Impac t Survey
7 / 31
28.87%470
71.13%1,158
Q6 Did you know there are more than 13 free food distributions each week in Rohnert Park?
Email food@rpcity.org for a list of times and locations.
Answered: 1,628 Skipped: 239
TOTAL 1,628
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
8 / 31
Q7 For the items below, please select the level to which your household's need is being met. 1 =
none of your need being met to 5 = all of your need is being met.
Answered: 1,630 Skipped: 237
City
info rmation
Emo tional
Support
Accessing
heal thcar e
Rohnert Park Covid-19 Community Impac t Survey
9 / 31
Accessing
mental...
Accessing
unempl oyment...
Rent /Mort gage
Obtaining food
Rohnert Park Covid-19 Community Impac t Survey
10 / 31
Half or Less of Need Met 4 - MOST ofnee d met 5 - ALL of need met
Does not a pply
Inter net Access
Obtaining
medicat io ns
Tr anspo rt at ion
0%1 0%20%30%40%50%60%70%80%90%100%
Rohnert Park Covid-19 Community Impac t Survey
11 / 31
17.64%
286
23.01%
373
49.17%
797
10.18%
165
1,621
3.96
17.11%
277
16.43%
266
47.00%
761
19.46%
315
1,619
3.95
16.86%
274
14.71%
239
55.38%
900
13.05%
212
1,625
4.06
12.01%
195
7.64%
124
24.20%
393
56.16%
912
1,624
3.73
10.73%
174
4.87%
79
15.61%
253
68.78%
1,115
1,621
3.47
8.61%
140
11.44%
186
71.03%
1,155
8.92%
145
1,626
4.50
7.75%
126
17.71%
288
70.05%
1,139
4.49%
73
1,626
4.49
7.75%
126
11.08%
180
78.15%
1,270
3.02%
49
1,625
4.57
7.32%
119
7.63%
124
69.13%
1,124
15.93%
259
1,626
4.56
5.43%
88
6.05%
98
71.81%
1,164
16.72%
271
1,621
4.67
HALF OR LESS OF NEED
MET
4 - MOST OFNEED
MET
5 - ALL OF NEED
MET
DOES NOT
APPLY
TOTAL WEIGHTED
AVERAGE
City information
Emotional Support
Accessing healthcare
Accessing mental healthcare
Accessing unemployment
funds
Rent/Mortgage
Obtaining food
Internet Access
Obtaining medications
Transportation
Rohnert Park Covid-19 Community Impac t Survey
12 / 31
11.36%179
87.31%1,376
Q8 Any other needs?
Answered: 1,576 Skipped: 291
TOTAL 1,576
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
13 / 31
19.55%318
80.45%1,309
0.00%0
Q9 Do you have children under 12 living with you and do you want to answer a series of
questions about summer camp?
Answered: 1,627 Skipped: 240
TOTAL 1,627
Yes
No
Decline to say
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Decline to say
Rohnert Park Covid-19 Community Impac t Survey
14 / 31
26.73%81
39.93%121
32.01%97
Q10 If the Sonoma County Health Oficer allows and the City were to offer an in-person summer
camp program for children ages 5 ½ to 11 years old using the Centers for Disease Control
guidelines for child care, would you enroll your child?
Answered: 303 Skipped: 1,564
TOTAL 303
Yes
No
Unsure
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Unsure
Rohnert Park Covid-19 Community Impac t Survey
15 / 31
17.28%52
38.87%117
41.53%125
2.33%7
Q11 If the City were to offer a fee-based virtual camp program (live and pre-recorded segments)
where supplies were delivered to your home, would you register a child for it?
Answered: 301 Skipped: 1,566
TOTAL 301
Yes
No
Maybe
Not applicabl e
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Maybe
Not applicable
Rohnert Park Covid-19 Community Impac t Survey
16 / 31
56.01%163
43.99%128
Q12 CDC Guidelines require children to be with the same child care provider all day for the
entire week. Due to labor laws, we would not be able to provide before and after care for camp.
Would you still enroll your child if the camp day were from 9 a.m. to 4 p.m.?
Answered: 291 Skipped: 1,576
TOTAL 291
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
17 / 31
51.56%149
48.44%140
Q13 In order to provide the safest program possible, we would not be offering half day camp
options. Would you still enroll if the only option was 9 a.m. to 4 p.m.?
Answered: 289 Skipped: 1,578
TOTAL 289
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
18 / 31
57.95%164
42.05%119
Q14 The CDC recommends siblings stay in the same group. Because of this, age ranges in each
group may vary significantly. Would you still enroll your child knowing they could be in a group
with children older or younger than themselves (all activities will be catered to all ages)?
Answered: 283 Skipped: 1,584
TOTAL 283
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
19 / 31
Q15 Please share your expectations of a summer camp program under the current
circumstances.
Answered: 90 Skipped: 1,777
Rohnert Park Covid-19 Community Impac t Survey
20 / 31
14.17%210
51.75%767
34.08%505
Q16 Are you interested in virtual recreation classes for yourself?
Answered: 1,482 Skipped: 385
TOTAL 1,482
Yes
No
Maybe
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Maybe
Rohnert Park Covid-19 Community Impac t Survey
21 / 31
Q17 What types of virtual classes are you interested in? (Select all that apply)
Answered: 824 Skipped: 1,043
F itness
Education
Ar ts/Crafts
Meditation
Cooking
Other
Not inter ested
Other (pl ease
specify)
0%1 0%20%30%40%50%60%70%80%90%100%
Rohnert Park Covid-19 Community Impac t Survey
22 / 31
66.75%550
33.50%276
44.90%370
33.25%274
42.60%351
3.16%26
12.86%106
9.22%76
Total Respondents: 824
ANSWER CHOICES RESPONSES
Fitness
Education
Arts/Crafts
Meditation
Cooking
Other
Not interested
Other (please specify)
Rohnert Park Covid-19 Community Impac t Survey
23 / 31
15.84%131
32.29%267
12.21%101
29.26%242
10.40%86
Q18 How likely are you to pay a registration fee to the city for virtual/online recreation classes?
Answered: 827 Skipped: 1,040
TOTAL 827
V er y likely.
Somewhat
likely.
Somewhat
unlikely.
V er y unlikely.
Don't kno w .
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Very likely.
Somewhat likely.
Somewhat unlikely.
Very unlikely.
Don't know.
Rohnert Park Covid-19 Community Impac t Survey
24 / 31
6.65%105
32.47%513
17.41%275
43.48%687
Q19 Are you feeling lonely, isolated, or depressed?
Answered: 1,580 Skipped: 287
TOTAL 1,580
Often
Sometimes
Rarely
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Often
Sometimes
Rarely
No
Rohnert Park Covid-19 Community Impac t Survey
25 / 31
75.19%1,185
12.50%197
12.31%194
Q20 Are you receiving a phone call from someone regularly?
Answered: 1,576 Skipped: 291
TOTAL 1,576
Yes
No
Not applicabl e
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Not applicable
Rohnert Park Covid-19 Community Impac t Survey
26 / 31
1.90%30
98.10%1,547
Q21 The city has been calling some of our seniors just to check in on them. Would you like
someone call you periodically?
Answered: 1,577 Skipped: 290
TOTAL 1,577
Yes
No
0%1 0%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Rohnert Park Covid-19 Community Impac t Survey
27 / 31
Q22 Please select your age range.
Answered: 1,580 Skipped: 287
Under 18
18-25
26-35
36-50
51 -65
Over 65
Decline to say
0%1 0%20%30%40%50%60%70%80%90%100%
Rohnert Park Covid-19 Community Impac t Survey
28 / 31
0.19%3
1.96%31
10.00%158
26.39%417
31.27%494
28.86%456
1.33%21
TOTAL 1,580
ANSWER CHOICES RESPONSES
Under 18
18-25
26-35
36-50
51-65
Over 65
Decline to say
Rohnert Park Covid-19 Community Impac t Survey
29 / 31
Q23 What section of Rohnert Park do you live in?
Answered: 1,579 Skipped: 288
A
B
C
D
E
F
G
H
J
K
L
M
R
Rohnert Park Covid-19 Community Impac t Survey
30 / 31
S
W
M obil e Home
Park
Apar tment
Complex or...
0%1 0%20%30%40%50%60%70%80%90%100%
Rohnert Park Covid-19 Community Impac t Survey
31 / 31
6.59%104
6.21%98
10.77%170
8.23%130
5.32%84
5.83%92
7.98%126
9.06%143
1.58%25
3.42%54
4.69%74
12.60%199
1.84%29
3.86%61
0.70%11
5.70%90
8.04%127
Total Respondents: 1,579
ANSWER CHOICES RESPONSES
A
B
C
D
E
F
G
H
J
K
L
M
R
S
W
Mobile Home Park
Apartment Complex or Other