2020/06/09 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, June 9, 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
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: Honoring all graduating members of the Class of 2020
Item 2.A.
2.B Request to Council to Approve the Go Sonoma Act Expenditure Plan of the Sonoma
County Transportation Authority as required by Public Utilities Code section 180206(b)
by Suzanne Smith, Executive Director of County Transportation Authority/Regional
Climate Protection Authority (SCTA/RCPA)
Item 2.B.
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. City Bills/Demands for Payment dated May 16 through May 29, 2020
5.A.2. RPFA- Cash Report for Month Ending April 30, 2020
5.A.3. Housing Successor Agency- Cash Report for Month Ending April 30, 2020
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.
5.A.4. Successor Agency- Cash Report for Month Ending April 30, 2020
5.A.5. City- Cash Report for Month Ending April 30, 2020
5.B Authorize the City Manager to Execute a Purchase Contract for Fuel and Fluid Deliveries
at Various City Locations with Nick Barbieri Trucking, LLC, DBA Redwood Coast Fuels
for an Amount Not to Exceed $340,000 Annually
Item 5.B.
5.C Adoption of Resolution 2020-048 Approving the Various Courts Resurfacing Project No.
2017-26, 2018-14 and 2018-19, Finding the Project Exempt from CEQA, Approving and
Adopting Plans and Specifications, Authorize the use of $55,000 of remaining
infrastructure funds from 2019 Sidewalk and Driveway Replacement Project 2017-22 to
be transferred to this project, and Awarding the Contract to Vintage Contractors, Inc.
Item 5.C.
Item 5.C. Plans and Specs
5.D Authorize the City Manager to Execute Amendment #1 of the Third Amended and
Restated Agreement Between the City of Rohnert Park and Rohnert Park Disposal, Inc.
for Refuse, Recyclable Materials Compostable Materials, and Street Sweeping Services
As Assigned to Recology Sonoma Marin
Item 5.D.
5.E Approval of Minutes for City Council Special Meeting, June 2, 2020
Item 5.E.
5.F Approval of Minutes for City Council Special Meeting, June 3, 2020
Item 5.F.
6.REGULAR ITEMS
6.A City of Rohnert Park’s Response to Novel Coronavirus (COVID-19)
A. Verbal Staff Report
B. Public Comments
C. Council discussion/direction
6.B PUBLIC HEARING: Protest Hearing to Hear Protests to Resolution 2020-047 Which
Declared Weeds to be a Nuisance and Requiring Weed and Rubbish Abatement and
Adopt a Resolution Ordering the Abatement of Weed and Trash Nuisances Existing
within the City of Rohnert Park
A. Staff Report
B. Conduct Public Hearing
C. Resolution for Adoption: Resolution 2020-049 Ordering the Abatement of Weed and
Trash Nuisances Existing within the City of Rohnert Park
D. Council motion/roll call vote
(Adams_____ Belforte_____ Stafford_____ Mackenzie _____Callinan______)
Item 6.B.
6.C Discussion and Direction Regarding City of Rohnert Park Operating, Capital
Improvement Program and City of Rohnert Park Foundation Budgets for Fiscal Year
2020/2021
A. Staff Report
B. Public Comments
C. Council discussion/direction
Item 6.C.
6.D Discussion and Direction Regarding Summer Camp, Preschool, and other Child
Care/Supervision programs offered through the Community Services Department
A. Staff Report
B. Public Comments
C. Council discussion/direction
Item 6.D.
6.E Report from City Attorney Regarding Districting Proposal Submitted by FAIR-RP
A. Staff Report
B. Public Comments
C. Council discussion/direction
Item 6.E.
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:
7.C Outside Agency Appointments:
1. Mayors and Council Members’ Association of Sonoma County Legislative Committee
(5/29 & 6/5)
2. Sonoma Clean Power Authority Board of Directors Meeting (6/4)
3. Health Action Council Meeting (6/5)
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, _________________________, ____________________, for the City of Rohnert Park, declare that
the foregoing agenda was posted and available for review on ______________ ______, _________, 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 _____ day of ________________,
_________ at Rohnert Park, California. _____________________________ Office of the City Clerk
PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
H ONORING THE C LASS OF 2020
Whereas, the 2019-2020 academic year has been interrupted by the Coronavirus pandemic
closure of Rohnert Park High Schools; and
Whereas, seniors at Rancho Cotate High School, Technology High School, and Credo High
School have worked hard to graduate despite the challenges of completing the school year in
virtual classrooms; and
Whereas, these seniors overcame many disappointments on their way to commencement,
and demonstrated their commitment to education and their future. They gave up so many
things that make high school memorable: sports, concerts, club activities, the prom, and now
their graduation ceremonies; and
Whereas, 79 students graduated in the Class of 2020 from Credo High School—Go
Gryphons! and
Whereas, approximately 323 students graduated in the Class of 2020 from Rancho Cotate
High School—Go Cougars! and
Whereas, 73 students graduated in the Class of 2020 from Technology High School—Go
Titans!
Now, Therefore, be it Proclaimed that I, Joseph T. Callinan, as Mayor of Rohnert
Park and on behalf of the City Council, hereby recognizes the achievement of all graduating
members of the Class of 2020 and we offer heartfelt congratulations and best wishes on this
important milestone in your lives.
Duly and Regularly P roclaimed this 9th day of June, 2020.
CITY OF ROHNERT PARK
Joseph T. Callinan, MAYOR
Item 2.A.
1Go Sonoma Presentation
November 2020
Transportation Sales Tax Measure
Rohnert Park City Council
June 9, 2020 Presentation
2Go Sonoma Presentation
Proven Track Record
Go Sonoma Why Now?
Benefits to Residents
AGENDA
3Go Sonoma Presentation
The Sonoma County Transportation Authority (SCTA) manages a ¼-cent sales tax –known as Measure M –to help fund critical
transportation infrastructure projects and transit operations. The measure is set to expire in 2024 and the SCTA has decided to
seek voter approval this November to extend the measure 20 years.
SCTA
4Go Sonoma Presentation
Proven Track
Record
Measure M accomplishments
Leveraging outside funding
Citizen oversight and transparency
5Go Sonoma Presentation
Measure M
In November 2004 the voters of
Sonoma County chose to become a
self -help county, providing a ¼ cent
sales tax for transportation known as
the Traffic Relief Act for Sonoma
County, or “Measure M.”
6Go Sonoma Presentation
Improving trips for residents
Highway 101 was identified as the highest priority for
delivery and with Measure M, the SCTA delivered on that
promise. The third lane is completed, or in construction,
from the Marin-Sonoma County border to Windsor River
Road.
In Rohnert Park local measure funds went to:
•2 101 projects within the City Limits, including surface
street improvements at Rohnert Park Expressway and
connecting Wilfred Avenue to Golf Course Drive
•2 location improvements to Copeland Creek Trail
•Mutli -Use Pathway Improvements
•Paving projects on dozens streets within the City
7Go Sonoma Presentation
Helping to power our economy
Having local money to build transportation infrastructure
helps build the local economy too. Our local measure
allows new projects to get built sooner, creating jobs that
have a ripple effect throughout the county.
SCTA implements projects that improve our local
communities and protect our environment and quality of life.
8Go Sonoma Presentation
Design process of a new measure
Expenditure Plan
Go Sonoma
9Go Sonoma Presentation
Local partner support
In order to be eligible for the ballot a majority of
jurisdictions representing a majority of the
population must agree.
Go Sonoma Expenditure Plan
The guiding document for how local funds can be spent was
developed through a robust public process. The Board adopted it
on May 26, 2020.
Stakeholder engagement
Throughout the process SCTA advisory committees, stakeholder
groups and individuals have provided valuable insight and input.
Comprehensive Transportation Plan
The SCTA’s long range transportation plan plays a critical role in
assessing local priorities and coordinating projects.
SCTA kicks off discussions on new tax measure
SCTA considered 2018 but deferred to the Presidential election
cycle where turnout is expected to e very high.
01
02
03
04
05Process For New
Measure
10Go Sonoma Presentation
Public outreach
Between the Fall 2019 to Spring 2020 the SCTA team
invited residents to share their transportation needs
through a survey designed to inform Sonoma County’s
Comprehensive Transportation Plan.
11Go Sonoma Presentation
October 2019 poll shows voters are supportive of a ¼ cent extension
People indicated support for the following in order:
•Repair potholes –83%
•Reduce traffic congestion on local roads and highways –76%
•Make local roads and highways safer –75%
•Improve evacuation and emergency road access –74%
•Enhance transportation for seniors, veterans and people with
disabilities –73%
•Make walking and biking safer –71%
•Reduce GHG emissions –69%
Recent polling also indicates high levels of support.
More polling in July before final decision is made.
Polling Data
12Go Sonoma Presentation
Connecting people, places and goods as we
transition our transportation network to zero-
emissions by 2050.
The goals are that our transportation system should be:
1.Connected and Reliable: Deliver a seamless network that allows people
to use a variety of transportation types easily, affordably and dependably.
2.Safe and Well Maintained: Provide safe and well-maintained
transportation infrastructure.
3.Community Oriented and Place-Based: Implement place-based (or
context sensitive) transportation projects, tailored to urban, suburban and
rural communities that will improve local mobility.
4.Zero Emissions: Provide zero-emission transportation opportunities that
meet diverse community needs, improve health and enhance quality of life.
Go Sonoma -Vision and Goals
13Go Sonoma Presentation
Go Sonoma Ballot Question
Without raising taxes, shall the Sonoma County
Transportation Authority implement the Go Sonoma
Act to repair potholes; reduce congestion; make biking
and walking safer; expand local bus service; reduce
greenhouse gas emissions; improve evacuation
routes; and enhance transportation services for
students and seniors by continuing, for 20 years, the
current ¼-cent sales tax dedicated to transportation,
providing approximately $26 million annually?
14Go Sonoma Presentation
38%
27%
12%
23%
Increase Bus Service
Expand and enhance local bus
operations to provide a more reliable
service that works for more people.
Smooth and maintained roads
Fixing potholes and making our roads
smooth to drive and ride on.
Build bikeways and pathways
Better separate bikes from cars and
make it easier to bike and walk.
Move traffic and improve safety
Making changes to our roadway system,
prioritizing alternatives and using
technology to ensure reliability and
safety.
Go Sonoma –Funding Split
15Go Sonoma Presentation
Regional improvements
Local priorities
Benefits to
Residents
16Go Sonoma Presentation
Smooth and
Maintained Roads
Go Sonoma dedicates 38% or $10M each year
directly to pave roads.
Needs are great and on-going. Local funds can
be used on roads not eligible for federal funds.
17Go Sonoma Presentation
Go Sonoma –Annual Pothole Fund
Jurisdiction Split
(Population / Road Mile)
Estimated Annual
Sales Tax Funding
Cloverdale 1.59%$157,393
Cotati 1.27%$125,580
Healdsburg 2.18%$215,865
Petaluma 9.78%$966,615
Rohnert Park 6.24%$616,221
Santa Rosa 28.15%$2,781,097
Sebastopol 1.28%$126,852
Sonoma 1.84%$181,829
Windsor 4.61%$455,837
County 43.04%$4,252,710
18Go Sonoma Presentation
Move Traffic and Improve
Safety
Moving people and goods around Sonoma
County means making changes to our roadway
system, prioritizing alternatives and using
technology to ensure reliability and safety.
Ensures no delay in getting projects ready to go
for construction.
Requires road projects to include bike and
pedestrian elements.
19Go Sonoma Presentation
City of Rohnert Park –Sample Projects
Project Cost
($M)
Central Rohnert Park PDA –Commercial Connector Street Completion $5.70
Central Rohnert Park PDA -Rohnert Park Expressway Slip Streets $3.60
Citywide Advanced Traffic Management System (ATMS) Implementation $5.70
Redwood Drive Bridge Replacement at Hinebaugh Creek $10.00
Southwest Boulevard Corridor Improvements $2.20
State Farm Drive Overcrossing $17.00
City of Rohnert Park –Go Sonoma Sample Projects
20Go Sonoma Presentation
Expands and enhances local bus operations to
provide a more reliable service that works for
more people.
Prioritizes increased bus frequencies and
extended hours of operations
Dedicates funds to fare free programs for groups
like students and seniors.
Increase Bus Service,
Affordability and
Connections
21Go Sonoma Presentation
Build Bikeways
and Pathways
More than quadruples the amount of local
funding for bike and pedestrian projects.
Requires projects to use best practices for
bikeway design.
22Go Sonoma Presentation
City of Rohnert Park –Sample Projects
Project Cost
($M)
Central Rohnert Park PDA Complete Streets Improvements $6.00
Enhanced Bike/Pedestrian Crossings at NWP Railroad $2.00
Highway 101 Bicycle/Pedestrian Crossing $7.00
Trail to Crane Creek Regional Park $2.90
City of Rohnert Park –Go Sonoma Sample Projects
23Go Sonoma Presentation
November 2020 ballot
Why Now?
24Go Sonoma Presentation
Leveraging funds for seamless work on needed projects
Get projects
done sooner
By putting a measure on the ballot in 2020,
the SCTA will be able to plan for new
projects and fund new projects sooner. This
is particularly important in creating jobs to
support economic recovery.
25Go Sonoma Presentation
•Continue the work we have been doing for another 20
years.
•Keep our status as a self -help county.
•Keep Sonoma County eligible and competitive for
regional, State and federal funds.
•Supports all modes of transportation.
•Less crowded ballot
•High turnout election.
Why Now?
26Go Sonoma Presentation
Task Name June July August September October November
Cities/County Presentations
Poll #2
SCTA Final Approval of
Expenditure Plan, 7/13
Board of Supervisors Places on
Ballot, 8/4
Election, 11/3
SCHEDULE OF NEXT STEPS
27Go Sonoma Presentation
SCTA.CA.GOV/GOSONOMA
More information on the measure.
SCTA.CA.GOV/2050
Moving Forward 2050 Plan
info@scta.ca.gov
QUESTIONS?
ITEM NO. 2.B.
1
Meeting Date: June 9th, 2020
Prepared By: Suzanne Smith, Executive Director of County Transportation
Authority/Regional Climate Protection Authority (SCTA/RCPA)
Agenda Title: Request to Approve the GoSonoma Act Expenditure Plan of the Sonoma
County Transportation Authority as required by Public Utilities Code
section 180206(b)
RECOMMENDED ACTION:
Approve the GoSonoma Act Expenditure Plan of the Sonoma County Transportation Authority as
required by Public Utilities Code section 180206(b).
BACKGROUND:
SCTA’s current Measure M ¼-cent transportation sales tax will expire in 2025. To maintain the
County’s current status as a self-help county and to deliver critical transportation projects, the SCTA is
considering a sales tax ordinance and expenditure plan for the November 2020 ballot, collectively
named the “GoSonoma Act.” The tax imposed by the GoSonoma Act will be a 20-year ¼-cent sales
tax that will not take effect until the tax imposed by Measure M terminates in 2025. The GoSonoma
Act Expenditure Plan re-structures Measure M’s program categories to address roadway, bus, bicycle,
and pedestrian needs, and eliminates the Highway 101 and SMART programs.
Public Utilities Code Section 180206(b) requires a majority of the cities representing a majority of the
population in the incorporated area of the county and the Board of Supervisors to approve the draft
expenditure plan prior to its final adoption by SCTA. The GoSonoma Act Expenditure Plan approved
by the SCTA’s Board of Directors on May 26, 2020 is attached with this Summary for your Council’s
approval. Due to the procedural requirements for measure approval and the August 6 deadline to place
measures on the ballot, the GoSonoma Act must remain in this final form without changes.
Please find more information attached SCTA staff report from May 26, 2020 regarding GoSonoma and
SCTA Ordinance No. 5 with GoSonoma Expenditur e Plan.
OPTIONS CONSIDERED:
1. Recommended Option: Approve the GoSonoma Act Expenditure Plan of the Sonoma County
Transportation Authority as required by Public Utilities Code section 180206(b).
2. Alternative: Council could opt not to approve the expenditure plan. The measure may still
qualify for the ballot with the approval of other cities.
FISCAL IMPACT/FUNDING SOURCE:
The SCTA is responsible for placing the measure on the ballot but is also reliant upon contributions
from member jurisdictions to run the agency. If the GoSonoma measure is successful the election costs
will be paid from the new measure. If it is not successful, the SCTA will work with the cities and the
county to develop a payment plan for a portion of the yet to be determined election cost.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 2.B.
2
If the measure passes, Rohnert Park is expected to receive approximately $616,000 per year for road
maintenance starting in 2025 and will be eligible to compete for roadway and bike/pedestrian funds.
Attachments (list in packet assembly order):
1. GoSonoma Staff Report and Ordinance.
2. GoSonoma Info Sheet.
411 King Street, Santa Rosa, CA 95404 | 707.565.5373 | scta.ca.gov | rcpa.ca.gov
Staff Report
Issue
Shall the SCTA Board approve the GoSonoma Expenditure Plan and conduct the first reading of Ordinance No.
5?
Recommendation
Consider adopting the GoSonoma Expenditure Plan and Ordinance No.5. Direct staff to perform outreach to
the nine city councils and County Board of Supervisors seeking their support for GoSonoma.
Advisory Committee Recommendation
The Countywide Bicycle and Pedestrian Advisory Committee, Technical Advisory Committee, Transit
Technical Advisory Committee and Citizens Advisory Committee have reviewed the GoSonoma Expenditure
Plan.
Alternatives Considered
A CTP-based version of the Expenditure Plan was developed after a draft Expenditure Plan format was
emailed to all of the advisory groups on March 16 with blanks left in the four program categories. A prior
strawman proposal was discussed by Advisory Committees and the SCTA ad hoc Committee and Board in
January, February and March. The GoSonoma Expenditure Plan was discussed in April and May by the SCTA
Board and ad hoc committee. Final edits are proposed from the ad hoc committee in the version being
considered at the 5/26/2020 Special Board meeting
A matrix of public comments has been developed and responses to comments will be provided at the Board
meeting. Comments received after the 5/11/2020 Board meeting are summarized at the end of this staff
report.
Executive Summary
The Measure M ¼-cent transportation sales tax will expire in 2024. In order to maintain our status as a self-
help county and deliver critical transportation projects, the SCTA is considering a sales tax extension for the
November 2020 ballot. The GoSonoma Expenditure Plan is based on the Comprehensive Transportation Plan
(CTP) with the identified needs derived from project submittals from public works departments, transit
agencies and the SCTA/RCPA.
Policy Impacts / Nexus to Agency Goals
The SCTA currently manages a ¼-cent sales tax dedicated to a multi-modal expenditure plan known as
Measure M. The GoSonoma Expenditure Plan maintains the ¼-cent tax for an additional 20 years, eliminates
To: SCTA Board of Directors Meeting Date: 5/26/20
From: Suzanne Smith, Executive Director Item Number: 4.1.1
Subject: GoSonoma – November 2020 transportation sales tax ballot measure
Consent Item: ☐ Regular Item: ☒ Action Item: ☒ Report: ☐
the Highway 101 and SMART programs, and re-structures the program categories to address roadway, bus
and bicycle and pedestrian needs.
If voters do not renew Measure M by 2024, the SCTA and its member jurisdictions will no longer have a local
funding source to leverage State and federal dollars for transportation projects. By putting a measure on the
ballot in 2020, the SCTA will be able to plan for new projects and fund new projects sooner. This is particularly
important in creating jobs to support economic recovery.
Financial Implications
Is there a fiscal impact to this item? Yes ☒ No ☐
Is there funding in the current budget? Yes ☐ No ☒
The funding source(s) to be used are:
The cost of the election may need funds if the measure is
unsuccessful. If voters approve the measure, the new measure
funds can pay the election costs.
Background
The SCTA Board has been discussing when and how to ask voters to continue support for a local tax for
transportation. In March 2019, then Chair Landman formed the Measure M ad hoc committee to help focus
the approach. Members of the ad hoc are Chair Susan Gorin and Directors Bagby, Gurney, Landman, Rabbitt
and Rogers.
On July 9, 2019, the SCTA issued a call for projects for the Comprehensive Transportation Plan 2050 asking
project sponsors to identify and rank their 10 highest priority projects for consideration in a new tax measure;
as well as submit and rank up to 5 transit projects. The result was just over $3B in requests ranging from bike
safety projects to interchanges across Highway 101 to SMART extension to Cloverdale with increased service.
Figure 1 – CTP Measure Priorities by Category (Dollars in Millions)
38%
27%
12%
23%
Smooth and maintained roads
(38%)
Move traffic and improve safety
(27%)
Build bikeways and pathways
(12%)
Increase Bus Service (23%)
In the early fall of 2019, the SCTA hired Muelrath Public Affairs and EMC to help guide and perform an initial
poll. EMC conducted the first round of polling in September by surveying 600 likely 2020 voters. The results
were positive for a ¼-cent and less optimistic for a ½-cent.
There was very solid support for a ¼-cent with 73% and good support for a ½-cent with 67%. However, when
presented with an opposition statement, the support drops to 64% and 58% respectively. After adding in
“lean support,” the numbers go to 66% and 59%.
Highlights of the polling include:
• 64% of respondents rate maintaining local streets and roads as a high priority
• 61% say climate change is a high priority
• A super majority support a modern transportation network (69%) and value high-quality local roads
(73%) even it requires a tax increase
• People indicated support for the following in order:
o Repair potholes – 83%
o Reduce traffic congestion on local roads and highways – 76%
o Make local roads and highways safer – 75%
o Improve evacuation and emergency road access – 74%
o Enhance transportation for seniors, veterans and people with disabilities – 73%
o Make walking and biking safer – 71%
o Reduce GHG emissions – 69%
Following the poll, the ad hoc committee reviewed the project lists submitted by each jurisdiction and
deliberated on a possible structure for the measure. The ad hoc proposed a strawman that was structured
with two “buckets” of project types reflecting the importance of:
a. Improving the backbone of the transportation system across all modes of road maintenance,
active transportation and bus service, and
b. Connecting communities through infrastructure projects, both big and small, that help people
move safely and reliably wherever they need to go.
The SCTA advisory committees reviewed the strawman proposal in late January and early February. In
February and March, the Board took public comment and deliberated on the strawman. The direction to staff
was to drop the proposed structure, simplify the content and provide greater detail on the overall
expenditure plan. The DRAFT Expenditure Plan GoSonoma was developed to include four programs in two
categories. Staff has analyzed the CTP projects submitted as the highest priorities for the new measure and
divided them into these categories and then applied the program percentage of the total need:
A. Fix roads, fill potholes, improve traffic – 65%
Smooth & maintained roads 38%
Move traffic & improve safety 27%
B. Improve alternatives to cars, fight climate change – 35%
Increase bus service, affordability, & first/last mile connections 23%
Build bikeways & pathways 12%
The cost of elements of the roadway projects that directly benefit bicycle and pedestrians can be quantified at
approximately 25%; the result is an estimated 50/50 split between roads and alternatives.
Advancing the ballot measure in 2020 will allow Sonoma to:
• Keep our status as a self-help county.
• Keep us eligible for regional, State and federal funds and allows us to leverage those funds. Without it,
we won’t be competitive.
• Allows us to start on new projects now – this will help with economic recovery and job creation. From
inception to completion transportation project take years if not decades to deliver. Planners and
engineers need reliable known funding sources to develop and implement projects that will meet our
transportation needs.
• Help all modes of transportation.
• Continue the work we have been doing for another 20 years and is not a new tax. We have a proven
track record.
• Cost effectively support transportation – if you spend $25,000 a year on taxable goods (not groceries,
rent, insurance, etc.), this measure will cost you $62/year or $5/month.
• Protect funds for transportation. These funds cannot be taken away by the State or any other entity.
Can only be changed by the voters.
Benefits of GoSonoma include:
• Provides $10M each year directly to each city and the County to pave roads.
• More than triples the amount of local funding for bike and pedestrian projects.
• More than doubles the amount of local money going to local bus service.
• Dedicates 3% to first/last mile connections for transit and travel demand programs to get people out
of single occupant cars.
• Dedicates 2% to fare free programs for groups like students and seniors. This will serve an immediate
benefit and can serve as a match to regional and State programs that will grow the program.
• Identifies priority projects in each city and the County that improve traffic flow and safety. Will help
get those projects shovel ready and provide local match to leverage outside funding.
• Urges use of technology to ensure reliability and safety; not just infrastructure fixes.
• Encourages jurisdictions to prioritize climate change fighting projects and help meet State and local
GHG requirements.
A countywide poll was conducted for another topic the first week in May and included a question asking
about support for the GoSonoma ballot question. The result from 600 respondents was 76% support; margin
of error is 4%.
Summary of fine tuning comments received following 5/11/20 SCTA Board meeting:
• Smooth Roads category – concern about language which seems to award additional authority to the
determining agency regarding contractor’s means and methods
• Move Traffic category – too vague, not enough certainty funds will fix roads; if GHG/VMT is primary
criteria will lose support
• Move Traffic category – Priority should be given to projects that reduce GHG
• Move Traffic category – Four overall assessment criteria (how quickly built, create jobs, reduce GHG,
geographic equity) – reorder to make GHG first item on list
• Move Traffic category – 5% vs 18% vs 22% for non-auto elements - clarify or remove
• Move Traffic category – Role of CAC, and other committees - clarify or remove
• Bus Service category – Add more eligible recipients for fare free
• Bus Service category – Add "commute routes between communities" in Transit section
• Bus Service category – Add detail on community benefit programs in Transit section
• Bikeway category – Remove road improvement language in Bike section
• Bikeway category – Add "maximize separation between bikes and cars" to Bike section criteria
• Implementation section – Add “Go Sonoma is designed to prioritize projects that reduce greenhouse
gas emissions and boost the ability of jurisdictions to get climate fighting projects funded and meet
those objectives for the state.”
• Implementation section – Add “The Strategic Plan will include the evaluation criteria for prioritization
of projects to meet all four goals of the Comprehensive Transportation Plan.”
Schedule of Next Steps Target
Completion Date
Advisory committee and stakeholder input March/April 2020
SCTA Board Initial Draft Expenditure Plan April 13, 2020
SCTA Board Final Draft of Expenditure Plan May 26, 2020
Cities and County Presentations June 2020
Poll #2 June/July 2020
SCTA final approval of Expenditure Plan July 13, 2020
Board of Supervisors places on the ballot Aug 4, 2020
Supporting Documents
Resolution waiving reading of Ordinance No. 5
Ordinance No. 5
GoSonoma Expenditure Plan
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ORDINANCE NO. 5
AN ORDINANCE OF THE SONOMA COUNTY TRANSPORTATION AUTHORITY
IMPOSING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION; ADOPTING AN EXPENDITURE PLAN APPROVED BY THE CITIES
OF SONOMA COUNTY AND THE COUNTY OF SONOMA; AUTHORIZING THE
ISSUANCE OF BONDS TO FINANCE PROJECTS LISTED IN THE EXPENDITURE PLAN;
AND SETTING AN ANNUAL APPROPRIATIONS LIMIT
BACKGROUND FINDINGS.
New transportation investment is needed in our community. Without it, we will experience more
traffic, increased greenhouse gas emissions and poorly maintained streets that leads to time away
from our family and friends, bad air quality, increased costs for car maintenance and impacts to
our climate.
Go Sonoma, benefits everyone who lives and works in Sonoma County. Through a public
process, we have developed a plan that shows how we will fix local streets, improve
transportation corridors, increase bus transit service, and improve safety for cyclists, pedestrians
and drivers. Without increasing the current tax rate, more than twice as much money will be
dedicated to local roads, bus service and bike projects and cannot be taken away for any other
purposes.
Sonoma became a self-help county in 2004 when it passed the Traffic Relief Act known as
Measure M. In order to maintain our status as a self-help county and deliver critical transportation
projects, we need Go Sonoma to be in place now so we can get projects ready and before we lose
our standing. As a self-help county with a reliable revenue source the Sonoma County
Transportation Authority (SCTA) leveraged other funding at a ratio of 5:1 to widen the Highway
101 corridor. With a secure local funding source the SCTA has been able to secure highly
competitive State and federal funds that would not have been possible without a local commitment
that gets projects shovel ready.
Go Sonoma Act will provide the local funding commitment to our Comprehensive Transportation
Plan referred to as Moving Forward 2050, supporting our transportation system goals:
1. Connected and Reliable
2. Safe and Well Maintained
3. Community Oriented and Place-Based
4. Zero Emissions
Section 1. TITLE. This ordinance shall be known as the Go Sonoma Act. The Sonoma
County Transportation Authority hereinafter shall be called "Authority." This ordinance shall be
applicable in the incorporated and unincorporated territory of the County of Sonoma, which shall
be referred to herein as "County."
Section 2. EFFECTIVE AND OPERATIVE DATES. This ordinance shall be effective
upon the close of polls on November 3, 2020, if the measure is approved by two-thirds of the
electors voting on the measure at the election held that day. The imposition of the tax authorized
by this ordinance shall be operative on April 1, 2025, provided that the Authority gives at least
110 days notice to the California Department of Tax and Fee Administration ("Operative Date").
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There shall be no coincidental assessment of the existing Measure M retail transactions and use
tax approved by the voters on November 2, 2004, which expires on March 31, 2025, and the retail
transactions and use tax to be imposed pursuant to this ordinance.
Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To establish a dedicated local funding source to fix roads, fill potholes, improve traffic,
get people out of their cars and fight climate change set out in detail in the Expenditure Plan.
B. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section
180050 et.seq. of the Public Utilities Code which authorizes the Authority to adopt this tax
ordinance which shall be operative if a two-thirds majority of the electors voting on the measure
vote to approve the imposition of the tax at an election called for that purpose.
C. To adopt a retail transactions and use tax ordinance that incorporates provisions identical
to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not
inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
D. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefor that can be administered and collected by the California Department of Tax and
Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative procedures followed by the
California Department of Tax and Fee Administration in administering and collecting the
California State Sales and Use Taxes.
E. To adopt a retail transactions and use tax ordinance that can be administered in a manner
that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes,
and at the same time, minimize the burden of record keeping upon persons subject to taxation
under the provisions of this ordinance.
F. To adopt an expenditure plan setting forth the purposes for the tax pursuant to this
ordinance may be used.
G. To authorize the issuance of bonds to finance projects included in the expenditure plan
adopted as part of this ordinance.
Section 4. CONTRACT WITH STATE. Prior to the operative date, the Authority shall
contract with the California Department of Tax and Fee Administration to perform all functions
incident to the administration and operation of this transactions and use tax ordinance; provided,
that if the Authority shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a case the
operative date shall be the first day of the first calendar quarter following the execution of such a
contract.
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Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal
property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated
territory of the County at the rate of ¼ of 1 percent (0.25%) of the gross receipts of any retailer
from the sale of all tangible personal property sold at retail in said territory on and after the
operative date of this ordinance.
Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property sold is
delivered by the retailer or his agent to an out-of-state destination or to a common carrier for
delivery to an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the place to
which delivery is made. In the event a retailer has no permanent place of business in the State or
has more than one place of business, the place or places at which the retail sales are consummated
shall be determined under rules and regulations to be prescribed and adopted by the California
Department of Tax and Fee Administration.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other
consumption in the County of tangible personal property purchased from any retailer on and after
the operative date of this ordinance for storage, use or other consumption in said territory at the
rate of ¼ of 1 percent (0.25%) of the sales price of the property. The sales price shall include
delivery charges when such charges are subject to state sales or use tax regardless of the place to
which delivery is made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided
in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a
part of this ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF
USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code:
A. Wherever the State of California is named or referred to as the taxing agency, the
name of this Authority shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against
this Authority or any agency, officer, or employee thereof rather than by or against the California
Department of Tax and Fee Administration, in performing the functions incident to the
administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to
the exterior boundaries of the State of California, where the result of the substitution would be to:
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a. Provide an exemption from this tax with respect to certain sales, storage,
use or other consumption of tangible personal property which would not otherwise be exempt from
this tax while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the state under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "County" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
1. “A retailer engaged in business in the County” shall also include any retailer
that, in the preceding calendar year or the current calendar year, has total combined sales of
tangible personal property in this state or for delivery in the State by the retailer and all persons
related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this
section, a person is related to another person if both persons are related to each other pursuant to
Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under
Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be
required by this ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the County in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the County which is shipped to a point
outside the County, pursuant to the contract of sale, by delivery to such point by the retailer or his
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the County shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
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Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code by registration to an out-of-County address and by a declaration under penalty of
perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
b. With respect to commercial vehicles, by registration to a place of
business out-of-County and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an amount
fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease
of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease
for any period of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this County of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions
tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and
used or consumed by such operators directly and exclusively in the use of such aircraft as common
carriers of persons or property for hire or compensation under a certificate of public convenience
and necessity issued pursuant to the laws of this State, the United States, or any foreign
government. This exemption is in addition to the exemptions provided in Sections 6366 and
6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant
to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any
period of time for which the lessee is obligated to lease the property for an amount fixed by a lease
prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or
other consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of time
for which any party to the contract or lease has the unconditional right to terminate the contract or
lease upon notice, whether or not such right is exercised.
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6. Except as provided in subparagraph (7), a retailer engaged in business in the
County shall not be required to collect use tax from the purchaser of tangible personal property,
unless the retailer ships or delivers the property into the County or participates within the County
in making the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the County or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the County under the authority
of the retailer.
7. "A retailer engaged in business in the County" shall also include any retailer
of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the County.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable
for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other consumption of which is
subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes
and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation
Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation
Code, shall automatically become a part of this ordinance, provided however, that no such
amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of
mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court
against the State or the Authority, or against any officer of the State or the Authority, to prevent
or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
Section 14. APPROPRIATIONS LIMIT. The appropriations limit for the Authority for
fiscal year 2019-2020 shall be $52,743,652, unless that amount should be amended pursuant to
applicable law.
Section 15. ADOPTION OF EXPENDITURE PLAN AND ACCOUNTABILITY FOR
EXPENDITURE OF PROCEEDS OF THE TAX. The Board hereby adopts the Expenditure
Plan attached hereto and incorporated into this ordinance by reference. Proceeds of the tax
imposed by this ordinance shall be placed into a special account, and shall be spent only to
implement the projects set forth in the Expenditure Plan, including planning, engineering,
environmental review, and construction of such projects.
Section 16. ESTABLISHMENT OF BONDING AUTHORITY. The Authority is authorized
to issue bonds for the purposes of advancing the commencement of or expediting the delivery of
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transportation programs or projects set forth in the Expenditure Plan. The Authority may issue
limited tax bonds, from time to time, to finance any program or project in the Plan. The maximum
bonded indebtedness, including issuance costs, interest, reserve requirements, and insurance, shall
not exceed the total amount of the proceeds anticipated to be collected by imposition of this
transactions and use tax. All costs associated with the issuance of such bonds shall be accounted
for within the program category in which the bond proceeds are used. The bonds shall be payable
solely from the proceeds of the retail transactions and use tax, and may be issued any time before
expiration of the tax.
Section 17. ANNUAL REPORT. The Chief Fiscal Officer of the Authority shall annually
cause to be prepared a report setting forth (a) the amount of funds collected and expended; and (b)
the status of any projects authorized to be funded in the Expenditure Plan adopted by the Authority
in Section 15 herein.
Section 18. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA). Pursuant to the State CEQA Guidelines Section 15378(b)(4), adoption of this
retail transactions and use tax ordinance and Expenditure Plan is not a “project” subject to the
requirements of CEQA. Prior to the commencement of any project included in the Expenditure
Plan, any necessary environmental review required by CEQA shall be completed. Estimated costs
in the Expenditure Plan include the cost of such environmental review.
Section 19. REQUEST TO CALL ELECTION. The Authority requests the Board of
Supervisors to call an election for the approval of this ordinance, consolidated with the general
election of November 3, 2020. The question to appear on the ballot shall read:
Without raising taxes, shall the Sonoma County Transportation Authority implement the
Go Sonoma Act to repair potholes; reduce congestion; make biking and walking safer;
expand local bus service; reduce greenhouse gas emissions; improve evacuation routes;
and enhance transportation services for students and seniors by continuing, for 20 years,
the current ¼-cent sales tax dedicated to transportation, providing approximately $26
million annually?
Section 20. SEVERABILITY. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
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Section 21. TERMINATION DATE. The authority to levy the tax imposed by this
ordinance shall expire twenty (20) years from the operative date of this ordinance.
PASSED AND ADOPTED by the Sonoma County Transportation Authority, in the County
of Sonoma, in the State of California, on ____________________________, by the following
vote:
AYES:
NOES:
ABSENT:
____________________________________________
Susan Gorin, Chairperson
Attest:
Suzanne Smith, Clerk of the Board
I. GO SONOMA ACT -EXPENDITURE PLAN SUMMARY
New transportation investment is needed in our community. Without it, we will experience
more traffic, increased greenhouse gas emissions, and poorly maintained streets that lead to
time away from our family and friends, bad air quality, increased costs for car maintenance,
and impacts to our climate.
This plan, Go Sonoma, benefits everyone who lives and works in Sonoma County. Through a
public process we have developed a plan that shows how we will fix local streets, improve
transportation corridors, increase bus transit service, and improve safety for cyclists,
pedestrians and drivers. Without increasing the current tax rate, more than twice as much
money will be dedicated to local roads, bus service, and bike projects and cannot be taken
away for any other purposes.
Having local money to build transportation infrastructure helps build the local economy too.
GoSonoma will allow new projects to get built sooner, creating jobs that have a ripple effect
throughout the county. SCTA will implement projects to improve our local communities and
protect our environment and quality of life.
Sonoma became a self-help county in 2004 when it passed the Traffic Relief Act known as
Measure M. In order to maintain our status as a self-help county and deliver critical
transportation projects, we need Go Sonoma to be in place now so we can get projects ready
and before we lose our standing. As a self-help county with a reliable revenue source the
Sonoma County Transportation Authority (SCTA) leveraged other funding at a ratio of 5:1 to
widen the Highway 101 corridor. With a stable local funding source, the SCTA has been able to
secure highly competitive State and federal funds that would not have been possible without a
local commitment that gets projects shovel ready.
The new investment plan will include four programs in two categories:
Fix roads, fill potholes, improve safety and usability for all
Smooth & maintained roads 38%
Move traffic & improve safety 27%
Improve alternatives to cars, fight climate change
Increase bus service, affordability, & first/last mile connections 23%
Build bikeways & pathways 12%
All projects will have a match requirement of at least 15%
The Go Sonoma Act will continue, for 20 years, the ¼-cent sales tax currently dedicated to
transportation.
5/20/2020 1:49 PM
II. OUR TRANSPORTATION SYSTEM VISION AND GOALS
Go Sonoma is needed now in order to meet our transportation vision and goals and ensure key
projects can be planned and built without delays. Since most of the projects identified in
Measure M have been completed or are under way, a continuation of a local and reliable source
of funding now will result in more matching funds for new improvements coming on line
sooner.
VISION:
Connecting people, places and goods as we transition our transportation network to zero-
emissions by 2050.
Our guiding principles are to improve safety, equity and quality of life.
GOALS:
Our transportation system should be:
1. Connected and Reliable: Deliver a seamless network that allows people to use a variety
of transportation types easily, affordably and dependably.
2. Safe and Well Maintained: Provide safe and well-maintained transportation
infrastructure.
3. Community Oriented and Place-Based: Implement place-based (or context sensitive)
transportation projects, tailored to urban, suburban and rural communities that will
improve local mobility.
4. Zero Emissions: Provide zero-emission transportation opportunities that meet diverse
community needs, improve health and enhance quality of life.
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III. GO SONOMA ACT -EXPENDITURE PLAN
The Go Sonoma Act translates the SCTA vision and goals into investments for specific programs
in four program categories. Each program category will receive a percentage share of sales tax
revenues, currently estimated at $26 million annually. The program allocates 1% of the revenue
for administration and audits.
A. Fix Roads, Fill Potholes, Improve Safety and Usability for All – 65%
SMOOTH & MAINTAINED ROADS
Fixing potholes and making our roads smooth to drive and ride on is a central focus of the Go
Sonoma Act. Approximately $9.9 million annually (or 38% of the sales tax revenue) will be used
by cities and the County to fix existing roads and keep them well maintained. All projects will
take into consideration bicycle and pedestrian needs, traffic calming, intelligent transportation
system technology, construction methods and materials that reduce emissions, and
appropriate safety measures. These components of a road project are eligible for sales tax
revenue.
This program will help achieve the transportation system goals of: 1) Connected and Reliable,
2) Safe and Well Maintained, and 3) Community Oriented and Place Based.
Funds for this program will be allocated by a 50% population/50% road mile formula and local
governments must maintain their existing commitments of local funds for transportation
purposes. Below is a chart that estimates how much each jurisdiction can anticipate receiving
annually.
Jurisdiction Formula Estimated Annual
Sales Tax Funding Population /
Road Mile Split
Cloverdale 1.59% $157,393
Cotati 1.27% $125,580
Healdsburg 2.18% $215,865
Petaluma 9.78% $966,615
Rohnert Park 6.24% $616,221
Santa Rosa 28.15% $2,781,097
Sebastopol 1.28% $126,852
Sonoma 1.84% $181,829
Windsor 4.61% $455,837
County 43.04% $4,252,710
Total 100% $9,880,000
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MOVE TRAFFIC & IMPROVE SAFETY
In addition to fixing local roads, the Go Sonoma Act will provide approximately $7.0 million
annually (or 27% of the sales tax revenue) for projects that get people moving and improve
safety. Moving people and goods around Sonoma County means making changes to our
roadway system, prioritizing alternatives and using technology to ensure reliability and safety.
Projects will compete for the funds in this program based on the following criteria:
• Air Quality and Greenhouse Gas Emissions.
The project is likely to satisfy environmental requirements and supports the reduction of air
pollution and greenhouse gas emissions. It helps achieve goals set forth in the Shift Sonoma
County Low Carbon Transportation Plan and climate emergency resolutions approved by local
jurisdictions and the Regional Climate Protection Authority.
• Connectivity.
The project improves connections within and between communities and supports Priority
Development Areas.
• Cost Effectiveness.
The costs and benefits of the project are reasonably balanced and other grants above the
required match are leveraged when possible.
• Local Support.
The project has clear local support through a resolution of the local governing board and is
included in the SCTA’s Comprehensive Transportation Plan.
• Safety and Public Health.
The project improves safety and health for travelers of all modes, as well as community health
and resiliency. It uses best practices for features such as crosswalk, bikeway and pathway
designs on city streets (i.e., protected bike lanes) and for pedestrian improvements, transit
elements and sound walls on road projects in urban areas.
• Traffic Flow.
The project improves high traffic conditions with right-sized solutions that have regional
benefits that maximize the movement of people and reduce travel time. The flow of traffic is
improved through operational improvements such as interchanges, traffic signals, turn lanes,
or roundabouts, or by enabling reductions in vehicle miles traveled.
All projects will then be further assessed based on how they can reduce greenhouse gas
emissions; how quickly they can be built and the ability to create jobs; and how they address
geographic equity.
Initially, priority will be given to projects that make it safer to drive, bike, walk, or use public
transit and improve existing roads. Projects may include such things as interchange
improvements that improve traffic flow and adding non-automobile amenities such as bike
lanes and sidewalks while reconstructing roadways. All projects will require environmental
review, engineering and matching funds before construction can begin.
A commitment of 18% of the $7.0 million used in the “Move Traffic and Improve Safety”
category (which is equivalent to 5% of the total sales tax revenue) will be used for non-
4
automobile elements of road projects such as adding sidewalks and bike lanes and will be
clearly identified.
This program will help achieve the transportation system goals 1) Connected and Reliable, 2)
Safe and Well Maintained, 3) Community Oriented and Place Based, and 4) Zero Emissions.
B. Improve Alternatives to Cars , Fight Climate Change – 35%.
INCREASE BUS SERVICE, AFFORDABILITY & CONNECTIONS FOR FIRST/LAST MILE
Funding for local transit improvements in the Go Sonoma Act will expand and enhance local
bus operations to provide a more reliable service that works for more people. This program
includes maintenance of existing bus service, increased bus frequencies and extended hours of
operations, and a community benefit program to provide free rides for groups like students and
seniors. Increased bus frequencies and extended hours of operations should be prioritized
where routes make first and last mile connections to major bus transit hubs, schools and rail
stations, or serve major transit corridors or commute routes between communities.
Approximately $6 million (or 23% of sales tax revenue) annually is dedicated to this program. Of
that amount, 3% annually is dedicated to community benefit programs that support first/last
mile and commuter programs to be managed by SCTA.
Below is a chart estimating how much each category and each Transit Agency can expect from
the measure annually:
Operators Service Area
Population
%
Service
Continuity*
10%
Service
Expansion
8%
Fare Free Rides
up to 2%**
Petaluma Transit 12.43% $323,248 $258,598 Reimbursement of
costs
Santa Rosa CityBus 35.08% $912,019 $729,615 Reimbursement of
costs
Sonoma County
Transit
52.49% $1,364,733 $1,091,787 Reimbursement of
costs
100.00% $2,600,000 $2,080,000 $520,000
*The 2004 Measure M Bus Service program is now considered exisiting service but will be
continued in the new measure
**Remainder, if any, to be distributed by population formula to Service Expansion
This program will help achieve the transportation system goals 1) Connected and Reliable, 2)
Safe and Well Maintained, 3) Community Oriented and Place Based, and 4) Zero Emissions
BUILD BIKEWAYS AND PATHWAYS
This program will better separate bikes from cars and make it easier to bike and walk. It
includes building new infrastructure for bicycles and pedestrians that will increase overall
safety, close critical gaps in existing routes, and promote the use of active transportation
5
through community benefit programs to support safety education and encouragement like
Safe Routes to School and Vision Zero.
Approximately $3.1 million (or 12% of sales tax revenue) annually is dedicated to this program
and will be used for bicycle and/or pedestrian projects that compete based on the criteria
below. Of the total annual amount, 1% is dedicated annually to community benefit programs
that support safety education and encouragement.
• Demonstrate the potential to shift from cars to active transportation measured by a
reduction in vehicle miles traveled
• Use best practices for bikeway design, considering appropriate facilities that maximize
use and safety
• Implement safety improvement priorities identified through Vision Zero, a plan to
prevent all road deaths and serious injuries
• Design for all ages and abilities
This program will help achieve the transportation system goals 1) Connected and Reliable, 2)
Safe and Well Maintained, 3) Community Oriented and Place Based, and 4) Zero Emissions
IV. OVERSIGHT AND ADMINISTRATION
The implementation of the Go Sonoma Act will be the responsibility of the Sonoma County
Transportation Authority. The SCTA is composed of twelve elected officials; a representative
from each of the nine cities in Sonoma County and three members of the Sonoma County
Board of Supervisors. They also serve as the Board of the Regional Climate Protection Authority
(RCPA).
The SCTA will be responsible for developing and updating a strategic plan to guide allocation
decisions.
The Citizens Advisory Committee established under the Ordinance No. 1 that created the SCTA
will serve as an independent oversight body that will advise the SCTA on the administration of
the Go Sonoma Act and report to the public via annual audits of the Act and annual reports on
progress.
For the Move Traffic and Improve Safety and Build Bikeways and Pathways programs, potential
projects will be identified and prioritized by each city and the County when a call for projects is
issued. Sample projects are included in Moving Forward 2050, our Comprehensive
Transportation Plan, located here: scta.ca.gov/planning/comprehensive-transportation-plan/.
This list does not guarantee funding for a project.
SCTA staff will evaluate and score projects for the Move Traffic and Improve Safety and Build
Bikeways and Pathways programs based on the program criteria. The scored list of projects will
then be submitted to the SCTA Technical Advisory Committee (TAC) for review, evaluation and
recommendation. The TAC’s list of recommended projects will be sent to the SCTA/RCPA
6
advisory committees for their review and recommendation to the SCTA Board who will make
the final decision on funding for projects.
The SCTA will work closely and cooperatively with the California Department of Transportation
(Caltrans), the Metropolitan Transportation Commission (MTC) and the California
Transportation Commission (CTC) on programming state and federal grants to match funding
from the Go Sonoma Act for programs and projects. These partnerships will help to maximize
the state and federal funds that can be leveraged with a local source of funds and to deliver
projects in a timely manner.
V. IMPLEMENTATION GUIDELINES
The Go Sonoma Act will begin on April 1, 2025 and will end on March 31, 2045.
Environmental reporting, review and approval procedures as provided for under the National
Environmental Policy Act, the California Environmental Quality Act, or other applicable laws
will be adhered to as a prerequisite to the implementation of any project.
The State of California is leading the nation with a path to eliminate greenhouse gas emissions
by 2045 and reverse the growth of vehicle miles travelled.1 Go Sonoma will encourage
jurisdictions to prioritize climate fighting projects and help meet State and local GHG
requirements .
Use of the retail transactions and use tax under this Transportation Expenditure Plan will be
subject to the following restrictions:
1. The tax proceeds must be spent for the purposes of funding the transportation
programs and projects as allowed in the Go Sonoma Act and may not be used for
other purposes.
2. In accordance with California Public Utilities Code Section 180200, the tax proceeds
will be used to supplement, and may not be used to replace, existing local property
tax or other local revenues used for transportation purposes. This shall be governed
by a Maintenance of Effort Policy that ensures public transparency, restricts
jurisdictions from supplanting funds, indexes a baseline commitment, and
establishes clear compliance and penalties.
3. The tax proceeds will be expended in Sonoma County.
4. The SCTA is charged with a fiduciary duty in administering the tax proceeds in
accordance with the applicable laws and this Go Sonoma Act. Receipt of tax
proceeds may be subject to appropriate terms and conditions as determined by the
SCTA in its reasonable discretion, including, but not limited to, the right to require
1 Transportation related policies include: AB 32 California Global Warming Solutions Act of 2006; SB 32 Scoping
Plan; SB 375 Sustainable Communities and Climate Protection Act; SB 743 § 15064.3; Executive Order B-55-18 to
Achieve Carbon Neutrality by 2045; Transit Fleet Rule Regulation Order § 2023.1. Zero-Emission Bus Requirements.
See https://www.law.berkeley.edu/research/clee/research/climate/climate-policy-dashboard/ for comprehensive
list of California climate change policies.
7
recipients to execute funding agreements and the right to audit recipients’ use of the
tax proceeds.
Actual tax proceeds may be higher or lower than estimated in this Go Sonoma Act. The Go
Sonoma Act expenditure plan is based on the percentage distributions to each Program
Category and the dollar values included are estimates only. Actual tax proceeds will be
programmed annually in accordance with the percentage distributions in the Go Sonoma Act
expenditure plan.
The Sonoma County Transportation Authority will prepare a Strategic Plan prior to December
31, 2023, with review by the SCTA advisory committees and approval by the SCTA Board. It will
use funding prioritization criteria consistent with the goals and objectives of Moving Forward
2050, the Comprehensive Transportation Plan (CTP) and the Go Sonoma Act expenditure plan.
The Strategic Plan will include general procedures for project sponsors to initiate a project and
identify an implementation schedule and the programming of funds based on successful calls
for projects. The Strategic Plan will include the evaluation criteria for prioritization of projects
to meet all of the Goals of the CTP. The Strategic Plan will be updated at least every five years
during the life of the Go Sonoma Act.
The SCTA is authorized to bond for the purposes of advancing the commencement of or
expediting the delivery of transportation programs or projects. The SCTA may issue limited tax
bonds, from time to time, to finance any program or project in the Go Sonoma Act as allowed
by applicable law and as approved by the SCTA, and the maximum bonded indebtedness shall
not exceed the 20 year amount of proceeds of this retail transactions and use tax, estimated to
be $670 million in 2020 dollars. Such bonds will be payable solely from the proceeds of the
retail transactions and use tax and may be issued any time before expiration of the tax.
8
Provides $10M each year to pave roads -
doubling the amount of local funds.
More than doubles the amount of local
money going to local bus service.
More than quadruples local funding for
bike and pedestrian projects.
Dedicates funds to improve alternatives
to cars and fight climate change.
Provides opportunity for public projects
to create good, local jobs.
Dedicates funds to first/last mile
connections for public transit.
Urges use of technology to ensure safety
and reliability, not just infrastructure.
Dedicates funds to fare free transit for
students and seniors.
Dedicates funds to travel demand
programs for alternatives to single
occupant cars.
Requires road projects to include bike
and pedestrian elements.
Specifies projects are subject to CEQA for
VMT and GHG reduction.
Requires projects to use best practices
for bikeway design.
Requires paving projects to consider
methods that reduce GHG emissions.
Ensures no delay in getting projects
ready to go for construction.
Requires Cities and County to maintain
the same level of local money they
currently spend on transportation.
20-year ¼-cent sales tax extension for
transportation -not a tax increase.
Data driven expenditure plan has been
vetted though extensive stakeholder
outreach to help all modes of
transportation.
Cost effective for most residents, typical
cost is $62/year or $5/month.
Cannot be taken away by State or other
entities. Only changed by the voters.
Funding by Category
Benefits for All Types of Transportation
About the Measure
StreetMix.net
City of Rohnert Park –Sample Projects Smooth Roads
Project Cost
($M)
Central Rohnert Park PDA –Commercial Connector Street Completion $5.70
Central Rohnert Park PDA -Rohnert Park Expressway Slip Streets $3.60
Citywide Advanced Traffic Management System (ATMS)
Implementation $5.70
Redwood Drive Bridge Replacement at Hinebaugh Creek $10.00
Jurisdiction
Split
(Population /
Road Mile)
Estimated Annual
Sales Tax Funding
Cloverdale 1.59%$157,393
Cotati 1.27%$125,580
Healdsburg 2.18%$215,865
Petaluma 9.78%$966,615
Rohnert Park 6.24%$616,221
Santa Rosa 28.15%$2,781,097
Sebastopol 1.28%$126,852
Sonoma 1.84%$181,829
Windsor 4.61%$455,837
County 43.04%$4,252,710
More Information: scta.ca.gov /GoSonoma
City of Rohnert Park –Go Sonoma Sample Projects and Funding Splits
Potential projects will be identified and prioritized by each city and the County
when a call for projects is issued for the Move Traffic and Improve Safety and Build
Bikeways and Pathways programs. Sample projects are included in Moving Forward
2050, our Comprehensive Transportation Plan, found at: scta.ca.gov /2050
This list does not guarantee funding for a project. All projects are subject to a
competitive process.
City of Rohnert Park –Sample Projects Bikeways and Pathways
Project Cost
($M)
Central Rohnert Park PDA Complete Streets Improvements $6.00
Enhanced Bike/Pedestrian Crossings at NWP Railroad $2.00
Highway 101 Bicycle/Pedestrian Crossing $7.00
Trail to Crane Creek Regional Park $2.90
Annual Pothole Fund
Annual Transit Agency Funding
Operators Maintain and Expand Service Reimbursement
Petaluma Transit $581,846 Fare free rides and
commuter benefitsSanta Rosa CityBus $1,641,634
Sonoma County Transit $2,456,520
CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
June 9, 2020
Check Number: 262383 -262576
Dated: May 16, 2020 - May 29,2020
TOTAL
$1,160,752.69
$1,160,752.69
Item 5.A.1.
Accounts PayableChecks for ApprovalUser:Printed:jstuard512912020 - 1:49
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Item 5.A.2.
Item 5.A.3.
Item 5.A.4
Item 5.A.5.
1
Meeting Date: June 9th, 2020
Department: Public Works
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Angie Smith, Purchasing Agent
Agenda Title: Authorize the City Manager to Execute a Purchase Contract for Fuel
and Fluid Deliveries at Various City Locations with Nick Barbieri
Trucking, LLC, DBA Redwood Coast Fuels for an Amount Not to
Exceed $340,000 Annually
RECOMMENDED ACTION:
Authorize the City Manager to Execute a Purchase Contract for Fuel and Fluid Deliveries at
Various City Locations with Nick Barbieri Trucking, LLC, DBA Redwood Coast Fuels Not to
Exceed $340,000 Annually
BACKGROUND:
The City currently contracts out for diesel and unleaded regular gasoline fuel deliveries at four
(4) City locations. Tanks are filled up to five times per week to maintain fuel levels for City fleet
vehicles as well as stationary and mobile equipment. Fleet services also receives fluid (oils and
lubricants) deliveries used to maintain the City’s fleet.
ANALYSIS:
The current vendor is no longer under contract and cannot guarantee they can meet the City’s
potential emergency fuel service needs. In the event of a Public Safety Power Shutoff, a disaster
or other emergency, deliveries may be required after -hours or on weekends to keep the City’s
necessary fuel levels maintained, so vehicles and generators are fueled and staff can continue
serving the public.
Staff reached out to other Cities in the county to see who they were contracting with. It was
determined that the City of Santa Rosa recently went to bid and awarded a contract to the lowest
most responsive bidder. Their contract allows for cooperative purchasing by other agencies.
Santa Rosa awarded their contract to Nick Barbieri Trucking, LLC, DBA Redwood Coast Fuels
of Ukiah, CA. They are also under contract with the County of Sonoma, Town of Windsor and
City of Healdsburg.
Staff met with Nick Barbieri Trucking, LLC, DBA Redwood Coast Fuels and reviewed their
ability to meet the Cit y’s daily and emergency needs. With the possibility of future Public
Safety Power Shut offs (PSPS), disasters or other emergencies, it is imperative that the City have
a fuel vendor that can respond at any time day or night. Nick Barbieri Trucking will make daily
deliveries to the City from their Santa Rosa and Ukiah locations. They also have a fuel station
in south Santa Rosa that the City can go to in the event that our fuel tanks are depleted or go
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 5.B.
2
down or out of service. Response times for call-outs are 30 minutes to one hour, day or night,
seven days a week.
The cost structure is based on the Northern California Market Daily Rack Average which will be
determined by the daily average Oil Price Information Service (OPIS) price per product. The
Cit y would pay 18.9 cents over this price structure per gallon.
Per City Ordinance 843 and Resolution 2016-51. The City can purchase fuel and fluids through
a Cooperative Purchase Agreement with the City of Santa Rosa Agreement #F001818 through
Nick Barbieri Trucking, LLC, DBA Redwood Coast Fuels of Ukiah, CA.
OPTIONS CONSIDERED:
Option 1:
The proposed purchase contract is for three years with the possibility of two (2), three year
extensions. The maximum annual estimated cost for fuel and fluids would be approximately
$340,000. This amount is based off a three year average of actual City costs with a 10% increase
to cover price fluctuation in gas. The total contract cost over three years would not exceed
$1,020,000. Entering into a long-term contract provides the City with consistent service, timely
daily deliveries and guaranteed emergency delivery service as a top priority.
Staff recommends this option
Option 2:
A shorter term agreement could be used to fulfill the City’s fuel and fluids service needs.
However, this approach would be administratively burdensome and cause service interruptions
for the fleet services division. Staff does not recommend this option.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the following Strategic Plan Goals: GOAL C: Ensure the effective
delivery of public services.
FISCAL IMPACT/FUNDING SOURCE:
Sufficient Funding is included each year in the fleet services operating budget for fuel and fluid
deliveries. Total annual cost not to exceed $340,000. This cost will be allocated to each
departments fuel account.
Department Head Approval Date: 5-14-2020 (McArthur)
Finance Manager Approval Date: 5-26-2020 (Orozco)
City Manager Approval Date: 5-29-2020 (Jenkins)
City Attorney Approval Date: 5-26-2020 (Rudin)
Attachments: Fuel and Fluids Purchase Order Contract
Page 1 of 7
FUEL & FLUID DELIVERIES
PURCHASE ORDER CONTRACT
TERMS AND CONDITIONS
This Purchase Order Contract is entered into on this 9th day of June, 2020 by and between the
City of Rohnert Park, hereinafter called “City” and Nick Barbieri Trucking, LLC, DBA
Redwood Coast Fuels, hereinafter called "Contractor".
SCOPE OF SERVICES
Contractor shall provide to the City delivery services for diesel and regular unleaded fuel and
fluid s (oil, lubricants) at the following City locations:
LOCATIONS
Provide Diesel and Regular Unleaded Fuel Deliveries:
1.Public Works, Corporation Yard, 600 Enterprise Drive, Rohnert Park
Contact: Martin Avila, Office 707-584-3311, Cell 707-236-2625, mavila@rpcity.org
S ite Equipment: 1,000 Gallon Tank (500 Gallon Diesel / 500 Gallon Regular Unleaded)
2.Public Works, Pump Station, 201 J Rogers Lane, Rohnert Park
Contact: Warren Naumann, Office 707-588-3334, Cell 707-478-0982,
wnaumann@rpcity.org
S ite E quipment: 1,000 Gallon Diesel Tank
3.Public Safety Main Station, 500 City Center Drive, Rohnert Park
Contact: Mike Bates, Office 707-584-2647, Cell 707-484-1346, mbates@rpcity.org
S ite Equipment: 500 Gallon D iesel Tank
4.Public Safety Northern Station, 5200 Country Club Drive, Rohnert Park
Contact: Mike Bates, Office 707-584-2647, Cell 707-484-1346, mbates@rpcity.org
S ite Equipment: 500 Gallon Diesel Tank / 500 Gallon Regular Unleaded Tank
Provide delivery service of fluids (oil, lubricant) to include the following but not limited to:
1.Public Works, Corporation Yard, 600 Enterprise Drive, Rohnert Park
Contact: Martin Avila, Office 707-584-3311, Cell 707-236-2625, mavila@rpcity.org
S ite Equipment required at a minimum:
•120 Ga llon Tank
•Pneumatic Fluid Pump for 55 Gallon Drum (2)
•Pneumatic Oil Pump for 120 Gallon Oil Tanks (2)
Page 2 of 7
Site Fluids required at a minimum:
•15/40 Diesel Oil
•5/30 Semi Synthetic
•Tractor Hydraulic Fluid
•Automatic Transmissio n Fluid
•Red Coolant
•Yellow Coolant
PROJECT MANAGER FOR CITY
All service questions and requests for City shall be directed to the Fleet Services Supervisor,
Martin Avila, 600 Enterprise Drive, Rohnert Park, 707-588-3311 office, 707-236-2625 cell,
mavila@rpcity.org
Contract questions to be addressed to Angie Smith, Purchasing Agent, 600 Enterprise Drive,
Rohnert Park, CA 94928, 707-585-6740 office, asmith@rpcity.org
PROJECT MANAGER FOR CONTRACTOR
All questions and requests for Contractor shall be directed to Jessie Torres, Sales Representative,
3471 N. State Street, Ukiah, CA 95482, 707-463-3100 office, 707-972-4423 cell,
jesse@barbieritrucking.com
Dispatch contact, Ken Anderson, 707-974-2234 cell, ken@northbaypetro.com
TIME FOR PERFORMANCE
Delivery services for fuel shall occur up to five (5) days per week or as needed. Fluid delivery
service will be weekly or as needed. Emergency delivery service requests will be made within
one (1) hour of call by City.
STANDARD OF PERFORMANCE
Contractor shall perform all services required under this purchase order in the manner and
according to the standards currently observed by a competent practitioner in California.
Contractor shall assign only competent personnel to perform services pursuant to this purchase
order.
COST STRUCTURE
The cont ract cost structure for FUEL will be based on two factors:
1. Region Base Market Cost using Oil Price Information Service (OPIS) data and is also called
The Northern California Market Daily Rack Average which will be determined by the daily
average OPIS price per product requested.
2. The Differential Cost to the City shall be 18.9 Cents above the Daily Rack Average.
Differential price shall be exempt from: Federal Tax, Exclusive of State Sales Tax, Local Sales
Tac, California Motor Vehicle Fuel Tax, Leaking Underground Storage Tank Tax, Oil Spill
Liability Fund Tax.
Page 3 of 7
The formula outlines the fuel contract price to be paid:
Northern California Market Daily Rack Average (OPIS) + Differential = Contract Cost
The cont ract cost structure for FLUIDS will be based on the following:
Prices are only subject to an increase or decrease if imposed by the oil manufacturers and passed
down to the contractor.
•15/40 Diesel Oil - Delo 15/40- $13.05/gallon bulk - URSA 15/40- $10.65/gallon bulk
•5/30 Semi Synthetic - Chevron 5/30 - $8.05/gallon bulk
•Tractor Hydraulic Fluid – Size 55 Gallon Drum - THF $11.70/gallon drum
•Automatic Transmissio n Fluid (ATF) – Size 55 Gallon Drum – $15.21/gallon drum
•Red Coolant - Size 55 Gallon Drum - Delo 50/50 A/F $8.22/gallon d rum
•Yellow Coolant – Size 55 Gallon Drum - Univ 50/50 A/F $7.59/gallon d rum
PAYMENTS
Payment will be made on a calendar-month basis in arrears. All invoices shall be billed to City of
Rohnert Park, Attn: Accounts Payable, 130 Avram Avenue, Rohnert Park, CA 94928
The award of the contract is for a total not to exceed amount of three hundred and forty thousand
dollars ($340,000) per contract year.
TERM
This contract is for a three (3) year term and shall commence on July 1, 2020 ending on June 30,
2023, with the option to renew the contract for two additional, three (3) year terms upon mutual
agreement of both parties.
ACCEPTANCE
By accepting this Purchase Order, Vendor agrees to comply with these Terms and Conditions.
City do es not agree to any proposed additions, alterations, modifications, or deletions to this
Purchase Order by Vendor unless agreed to in writing by both Vendor and City as described
herein. Vendor shall sell, provide and deliver, and City shall purchase, goods, materials, and/or
services described in this Purchase Order, including any attached specifications (“Items”). Items
must comply with this Purchase Order and specifications, notice inviting bids, information to
bidders, request for proposal or proposal, or quote (if any).
DELIVERY
Vendor’s carrier shall deliver Items at the location identified by the City in the Purchase Order.
Vendor shall pay all freight costs unless otherwise noted on front of Purchase Order and set forth
in the purchase price. Time is of the essence for the shipment or delivery of Items and Items
shall be delivered no later than the date set forth on the reverse.
COMPLIANCE WITH LAW
Vendor shall have full and exclusive responsibility for compliance with all applicable federal,
state and local laws, rules, regulations, ordinances or requirements pertinent to its employees, the
sale of the Items, and the methods and procedures in connection with the work under this
Purchase Order. Vendor shall submit to City a completed Internal Revenue Service, Department
of the Treasury form W-9 (Request for Taxpayer Identification Number and Certification) before
commencing any work under this Purchase Order if requested by City.
Page 4 of 7
RISK OF LOSS
Vendor warrants title to all Items sold to City and Vendor shall bear the risk of loss of or damage
to Items until such time as City takes actual possession of Items by moving them from the point
of delivery, or at the point of delivery if such items will not be moved.
SUBSTITUTIONS
No substitution will be permitted without the written consent of City. If Vendor proposes any
substitution, Vendor guarantees that the substitution is equal in quality, capacity, durability, ease
of maintenance, and ease of installation to the Items originally specified.
CHANGES
City, by written order, may delete Items to be supplied under this Purchase Order, and the
Purchase Order price will be equitably reduced. City, by written order, may order an increase in
Items to be supplied, and the Purchase Order price will be equitably increased. If unit prices are
stated, the reduction or increase shall be calculated at the unit prices stated in the Purchase Order.
If no unit prices are stated, Vendor shall promptly, at the request of City, quote prices, and City
shall promptly accept or reject the quote.
INSPECTION AND TESTING
All Items will be subject to final inspection and approval after delivery; payment will not
constitute final acceptance. Vendor at its cost shall remove and replace any Items that City
designates as nonconforming or defective.
INDEMNIFICATION
Vendor agrees to indemnify and hold City harmless and defend (with counsel acceptable to
City), City and its officers, agents, employees and volunteers, from and against any and all
claims, loss, demands, injury, costs or liability that arise out of, or pertain to, or relate to the
negligence, recklessness, or willful misconduct of Vendor and its agents and subcontractors in
the performance of this contract; however, this indemnity does not apply to liability arising from
the sole negligence or willful misconduct of City, or City’s agents or independent contractors
who are directly responsible to the City, or for defects in design furnished by those persons, or 2)
to the extent caused by the active negligence of City.
WARRANTY
Vendor warrants that all Items and related services to be supplied under this Purchase Order are
sufficient for the purpose intended; that all Items and related services will conform to the
specifications, drawing samples or other descriptions specified by the City; that the Items are
new, merchantable, good quality and free from defects (whether patent or latent) in material and
workmanship; that all workmanship and Items to be provided are of the best grade and quality;
and, that it has good and clear title to all Items to be supplied by it and the same are free and
clear from all liens, encumbrances and security interests. For a period of one year after delivery
of the Items, Vendor shall at its own expense replace or repair defective Items at the request of
City. This warranty provision shall be in addition to any manufacturer warranties or other
warranties set forth in the specifications, quote, or proposal, if any.
PAYMENT
Unless otherwise specified the proposal or quote accepted by the Cit y, payment will be made
after delivery or receipt of items and invoice within 30 days. City may withhold 10% of the
Page 5 of 7
price until the Items are installed, tested, and operating (if applicable). City shall pay all
applicable sales and use taxes.
TERMINATION
City may terminate all or any portion of this Purchase Order for cause upon written notice in any
of the following circumstances: if Vendor fails to deliver the Items within the time specified; if
Vendor fails to perform any other provision of this Purchase Order; or, if Vendor is adjudged
bankrupt or it makes a general assignment for the benefit of its creditors, or if a receiver is
appointed for Vendor. If the Purchase Order includes recurring deliveries of Items, the City may
terminate for convenience upon 15 days prior notice. Prior to terminating this Purchase Order
for any reason, Vendor shall provide as much advance written notice to City, but in no event less
than 30 days.
INTEGRATION
This Purchase Order constitutes the sole, final, complete, exclusive and integrated expression
and statement of the terms of this agreement among the parties concerning the subject matter
addressed herein, and supersedes all prior negotiations, representations or agreements, either oral
or written, that may be related to the subject matter of this Purchase Order, except those other
documents that are expressly referenced.
WAIVER
The waiver at any time by any party of its rights with respect to a default or other matter arising
in connection with this Purchase Order shall not be deemed a waiver with respect to any
subsequent default or matter. No payment by City to Vendor shall be considered or construed to
be an approval or acceptance of any defective goods or any other breach or default.
PREVAILING WAGE
For purchase orders involving construction, alteration, demolition, repair or maintenance work,
as those terms are used in Labor Code 1782, Vendor agrees to pay all workers employed on this
Work (if applicable) not less than the general prevailing rate of per diem wages for Work of a
similar character in the locality of City, and not less than the general rate of per diem wages for
holiday and overtime work, as established pursuant to the California Labor Code and applicable
regulations and orders.
ATTORNEY’S FEES
In the event any legal action is brought to enforce or construe this Purchase Order, the prevailing
party shall be entitled to an award of reasonable attorney's fees, expert witness and consulting
fees, litigation costs and costs of suit.
INSURANCE
Vendo r shall procure and maintain for the duration of the contract insurance against claims for
death or injuries to persons or damage to property that may arise from or in connection with the
performance of the work hereunder by the Vendor, its agents, representatives, or employees.
Vendor shall comply with the City’s minimum standard insurance requirements:
1. Commercial General Liability coverage (occurrence Form CG 00 01) and include products
coverage. Coverage shall be at least as broad as Insurance Services 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
Page 6 of 7
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.
2. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease.
3. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1
(any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no
less than $2,000,000 per accident for bodily injury and property damage.
4. Vendor shall also maintain Pollution Legal Liability and Remediation and/or Errors &
Omissions applicable to underground or above ground fuel storage tanks, fueling or refueling
operations with a limit no less than $2,000,000 per claim or occurrence and $2,000,000
aggregate per policy period of one year. This policy shall include coverage for bodily injury,
property damage personal injury and environmental site restoration, including fines and penalties
in accordance with applicable EPA or state regulations. The Automobile Liability policy shall
be endorsed to include Transportation Pollution Liability insurance, covering materials to be
transported by Vendor pursuant to the contract. This coverage may also be provided as part of
the Pollution Legal Liability and Remediation policy.
If the Vendor 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 Vendor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the General Liability, Automobile Liability, and Pollution Legal Liability and
Remediation policies, with respect to liability arising out of work or operations performed by or
on behalf of the Vendor including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
For any claims related to this contract, the Vendor’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,
officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its
officers, employees, or volunteers shall be excess of the Vendor’s insurance and shall not
contribute with it.
Each insurance policy required above shall provide that coverage shall not be canceled, except
with notice to the City.
Vendor shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive the Vendor’s obligation to
Page 7 of 7
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.
Vendor hereby grants to City a waiver of any right to subrogation which any insurer of said
Vendor may acquire against the City by virtue of the payment of any loss under such insurance.
Vendo r agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
CITY OF ROHNERT PARK NICK BARBIERI TRUCKING, INC
DBA, REDWOOD COAST FUELS
_________________________________ ____________________________________
Darrin Jenkins, City Manager Date Randy Parker, VP/Manager Date
ITEM NO. 5.C.
1
Meeting Date: June 9th, 2020
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Terrie Zwillinger, Project Manager, Department of Public Works
Agenda Title: Adopt a Resolution Approving the Various Courts Resurfacing Project
No. 2017-26, 2018-14 and 2018-19, Finding the Project Exempt from
CEQA, Approving and Adopting Plans and Specifications, Authorize the
use of $55,000 of remaining infrastructure funds from 2019 Sidewalk and
Driveway Replacement Project 2017-22 to be transferred to this project,
and Awarding the Contract to Vintage Contractors, Inc.
____________________________________________________________________________________________________
RECOMMENDED ACTIONS:
Adopt a Resolution for the following actions:
1. Approve and adopt the plans and specifications for the Various Courts Resurfacing
Project No. 2017-26, 2018-14 and 2018-19,
2.Find such action exempt from California Environmental Quality Act (CEQA),
3.Authorize the use of $55,000 of remaining infrastructure funds from the 2019 Sidewalk
and Driveway Replacement Project 2017-22 to be transferred to this project, and
4.Accept the bid and award the contract for the project to Vintage Contractors, Inc. in the
amount of $330,745.
BACKGROUND:
With the exception of Magnolia Park tennis courts, all city courts need some form of
rehabilitation or resurfacing. At the October 24, 2017 City Council meeting, the City Council
approved a Recreational Courts Rehabilitation Plan which included phasing of rehabilitating
courts over a three year period. The 2017-18 infrastructure reserve budget included $200,000 for
court resurfacing of Sunrise Park tennis courts, Honeybee basketball, and Dorotea Park
basketball courts (Phase 1 of the Rehabilitation Plan). The City Council also directed staff to
convert one current tennis enclosure at Sunrise Park into four pickleball courts. In Fiscal Year
2018-19, another $208,000 was added for rehabilitation of Sunrise Park basketball, Ladybug
Park tennis, Rainbow Park tennis, Alicia Park soccer and Golis Park tennis and basketball courts
(Phase 2 of the Rehabilitation Plan).
Staff designed and advertised the Rehabilitation of Sunrise Park Tennis Courts, Pickleball
Courts, Honeybee Park Basketball Courts and Dorotea Park Basketball Courts in July, 2018,
however no bids were received. Staff re-designed and re-advertised the project in March, 2019
and received one bid for twice the engineer’s estimate amount. The bid was canceled and staff
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO.
2
added the courts from Phase 2 of the Rehabilitation Plan to the project. SSA, Landscape
Architects was hired to provide plans, specifications and an engineer’s cost estimate for the new
expanded project.
SSA, Landscape Architects provided construction cost estimates for all the courts. The costs
exceeded the budget for most of the courts. See Table 1 for the budgets, construction cost
estimates and estimated total project cost for each project.
Staff recommended combining the funding for all the projects in Phase 1 and 2 ($408,000 total)
and funding only rehabilitation of the following courts:
•Sunrise Park Tennis Courts – 2 tennis courts
•Sunrise Park Pickleball – convert 2 tennis courts to 4 pickleball courts
•Sunrise Basketball Courts – 2 basketball courts
•Honeybee Basketball – 2 basketball courts
•Dorotea Basketball – 1 basketball court
•Alicia Park Soccer – convert 2 tennis courts into a futsal/soccer court.
The remaining projects would be funded at a later date. The rehabilitation of these courts were
combined into the Various Courts Rehabilitation Project No. 2017-26, 2018-14 and 2018-19.
ANALYSIS:
In accordance with the requirement in the Uniform Public Contract Cost Accounting Act as set
forth in the California Public Contract Code, a formal invitation to bid for the Various Courts
Rehabilitation Project was advertised with on April 23, 2020 and was published on May 1 and
May 8, 2020 with the Community Voice.
Bid Analysis
Sealed bids were publicly opened on May 23, 2020 at 2:00 PM and staff received one (1) bid, as
listed below:
No. Contractor Base Bid Amount
1 Vintage Contractors, Inc $330,745
The apparent low bidder is Vintage Contractors, Inc. with a base bid in the amount of $330,745.
Staff has reviewed the bid proposal and t he contractor is found to be responsible and responsive.
Staff recommends that the City Council approve and adopt the plans and specifications as well as
accept the bid and award a contract to the lowest responsible and responsive bidder, being
Vintage Contractors, Inc. Adopting the resolution would find the project to be exempt under
CEQA regulations as is described below.
Timeline
If the City Council awards the bid, construction of the project would begin in July of 2020. The
construction period is 60 calendar days. Under the best circumstances, construction would be
complete by September, 2020; however, unforeseen conditions could extend the construction
period.
ITEM NO.
3
ENVIRONMENTAL ANALYSIS:
The Project involves rehabilitation of existing facilities. Therefore, the Project is categorically
exempt from the requirements of CEQA pursuant to Sections 15301 (Existing Facilities) and
15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15301,
15302).
STRATEGIC PLAN ALIGNMENT:
This project is consistent with Strategic Plan Goal D2 – Improve Transportation and
Infrastructure.
OPTIONS CONSIDERED:
Option 1: This project was designed to rehabilitate tennis and basketball court surfaces. The
City Council has determined that this project is a high priority and staff recommends that the
construction contract be approved. Staff recommends this option.
Option 2: If the project is not constructed, the courts will continue to deteriorate, creating
tripping hazards and expanded surfaces to rehabilitate. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE:
The project is funded through Infrastructure Reserve, Neighborhood Upgrade and Rohnert Park
Foundation Funds and has been identified by the City Council as an important Capital
Improvement Project.
The budget for the awarded project is as follows:
Various Courts Rehabilitation Project
Project No. 2017-26, 2018-14 and 2018-19
Item Amount
Construction Cost Vintage Contractors, Inc $330,745
10% Construction Contingency 33,075
Design Engineer Costs 62,125
Staff labor, City legal, printing, etc. * 37,056
Total Project Cost 463,000
Total Current Budget FY 19/20 408,000
Budget Shortfall (55,000)
*Note: The staff labor cost is higher than typical due to staff time to design of two failed bids.
There is insufficient funding to award the construction contract for this project within the project
budget, with a funding shortfall of $55,000. Staff has identified $55,000 of available funding in
the 2019 Sidewalk and Driveway Improvement Project No. 2017-22. The City approved 15%
contingency for construction of that project and $55,000 remains unused. The project is almost
complete, with one approved change order item remaining. Staff recommends to fund the budget
shortfall of $55,000 in the Various Courts Replacement Project by decreasing appropriations in
the 2019 Sidewalk and Driveway Improvements Project and increasing the appropriations for the
Various Courts Rehabilitation Project. The funding is from Infrastructure Reserve Funds.
ITEM NO.
4
In addition to the budget shortfall, the Resolution for award of the construction project would
include decreasing available appropriations for the following projects and increasing
appropriations for the Various Courts Rehabilitation Project.
Table 1: Project Budgets
Project
Number Project Name Approved
Funding ($)
Recommended
Project Budget
Appropriations
Proposed
New Budget
Current Project – Various Courts Resurfacing Project
2017-26
Sunrise Park Tennis/ Pickleball,
Honeybee Basketball
Dorotea Basketball
200,000 188,920 388,920
2018-14 Sunrise Basketball 24,000 22,300 46,300
2018-19 Alicia Park Soccer 15,000 12,780 27,780
Recommended Decreased Appropriation
2018-16 Ladybug Park Tennis 50,000 (50,000) 0
2018-17 Rainbow Park Tennis 18,000 (18,000) 0
2018-18 Golis Park Tennis and Basketball 101,000 (101,000) 0
2017-22 2019 Sidewalk and Driveway
Improvements Project 55,000 (55,000) 0
Total 463,000 0 463,000
Department Head Approval Date: 5/26/20
Finance Approval Date: 5/28/20
City Attorney Approval Date: 5/28/20
City Manager Approval Date: 5/29/20
Attachments
1.Resolution
2.Exhibit A to the Resolution (Contract)
1
RESOLUTION NO. 2020-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE VARIOUS COURTS RESURFACING PROJECT NO. 2017-26, 2018-
14 AND 2018-19, FINDING THE PROJECT EXEMPT FROM CEQA, APPROVING
AND ADOPTING PLANS AND SPECIFICATIONS, AUTHORIZING THE USE OF
REMAINING INFRASTRUCTURE FUNDS FROM PROJECT 2017-22, AND
AWARDING THE CONTRACT TO VINTAGE CONTRACTORS, INC.
WHEREAS the Various Courts Resurfacing Project No. 2017-26, 2018-14 and 2018-19
(“Project”) will rehabilitate the tennis courts and basketball courts at Sunrise Park, convert one
of the tennis courts to pickleball at Sunrise Park, rehabilitate the basketball court at Honeybee
Park and Dorotea Park and rehabilitate the soccer court at Alicia Park; a nd,
WHEREAS, Staff recommended decreasing appropriations for the Ladybug Park Tennis
Court, Rainbow Park Tennis Court and Golis Park Tennis and Basketball Courts Rehabilitation
Projects to fund the Various Courts Rehabilitation Project No. 2017-26, 2018-14 and 2018-19;
and,
WHEREAS, the City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section
3.04.020 provides that the City's purchasing functions shall be governed by the City's purchasing
policy; and,
WHEREAS, consistent with requirements in t he California Uniform Public Contract
Cost Accounting Act (CUPCCAA) and the California Public Contract Code, an invitation to bid
was advertised on April 23, 2020 and was published on May 1 and May 8, 2020 with the
Community Voice; and,
WHEREAS, the plans and specifications for the Project were designed by SSA
Landscape Architects of Santa Cruz, California; and,
WHEREAS, the sealed bids for the Project were publicly opened on May 21, 2020; and,
WHEREAS, Public Works staff reviewed the bid received for responsiveness and
determined that Vintage Contractors, Inc. submitted the lowest cost bid and is the lowest
responsive and responsible bidder, and,
WHEREAS, the total cost for the project is $463,000, however the current budget for the
project is $408,000, equaling a $55,000 budget shortfall; and,
WHEREAS, there is $55,000 of available funding remaining in t he 2019 Sidewalk and
Driveway Improvements Project No. 2017-22; and,
WHEREAS, staff is proposing to fund the budget shortfall o f $55,000 fr om the
Infrastructure Reserve Funds remaining in the 2019 Sidewalk and Driveway Improvements
Project No. 2017-22; and,
WHEREAS, the Various Courts Resurfacing Project No. 2017-26, 2018-14 and 2018-19
has been iden tified by the City Council as a n important Capital I mprovement Project.
Resolution 2020 -048
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby determine, authorize and approve the following:
Section 1. The above recitals are true and correct and material to this Resolution.
Section 2. In making its findings the City Council relied upon and hereby incorporates
by reference all of the bid materials, correspondence, staff reports and all other related materials.
Section 3. The Project is categorically exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines sections 15301 (Existing
Facilities) and 15302 (Replacement or Reconstruction). (14 Cal. Code Regis. §§ 15301, 15302).
Section 4. The plans and specifications for the Various Courts Resurfacing Project No.
2017-26, 2018-14 and 2018-19 are hereby approved and adopted (On file at City Clerk’s Office).
Section 5. In accordance with California Public Contract Code Section 20160 et seq. and
following any other applicable laws, the bids for the Project are accepted, and Vintage
Contractors, Inc. is hereby found to be the lowest responsive and responsible bidder and any
irregularities in such bid are waived in accordance with applicable law.
Section 6. The City Manager is hereby authorized and directed to execute an agreement
between Vintage Contractors, Inc. and the City of Rohnert Park for the Project in the amount of
Three Hundred Thirty Thousand, Seven Hundred Forty-Five Dollars ($330,745), which has been
prepared by the City and is attached hereto as Exhibit “A.” The City Manager is hereby
authorized and directed to take all actions necessary to effectuate this agreement for and on
behalf of the City of Rohnert Park, including execution of the agreement in substantially similar
form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by the City
Manager or City Attorney.
Section 7. The City Manager is authorized to sign Contract Change Orders up to ten
percent (10%) of the construction contract award amount.
Section 8. The Finance Manager is authorized to appropriate Infrastructure Reserve Fund
savings from the 2019 Sidewalk and Driveway Improvements Project No. 2017-22 to the
Various Courts Resurfacing Project No. 2017-26, 2018-14 and 2018-19 in the amount of
$55,000, and decrease appropriations for Ladybug Park Tennis Court, Rainbow Park Tennis
Court and Golis Park Tennis and Basketball Courts Rehabilitation Projects to fund the Various
Courts Rehabilitation Project No. 2017-26, 2018-14 and 2018-19.
Section 9. City staff is hereby directed to issue a Notice of Award to Vintage Contractors,
Inc. for this project.
Section 10. This Resolution shall become effective immediately.
Section 11. All portions of this Resolution are severable. Should any individual
component of this Resolution be adjudged to be invalid and unenforceable by a body of
competent jurisdiction, then the remaining Resolution portions shall continue in full force and
effect, except as to those Resolution portions that have been adjudged invalid. The City Council
of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each
section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact
that one or more section, subsection, clause, sentence, phrase or other portion may be held
invalid or unconstitutional.
Resolution 2020 -048
3
DULY AND REGULARLY ADOPTED this 9th Day of June, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, Assistant City Clerk
Attachment: Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Page 1
C O N T R A C T
VARIOUS COURTS RESURFACING PROJECT
PROJECT NO. 2017-26, 2018-14 and 2018-19
THIS AGREEMENT, made and entered into this _____ day of______________, 2020, by
and between _____________________, hereinafter called "Contractor", and the City of Rohnert Park,
hereinafter called "City".
W I T N E S S E T H :
WHEREAS, the City Council of said City has awarded a contract to Contractor for
performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1.Scope of Work: The Contractor must perform all the work and furnish all the labor,
materials, equipment and all utility and transportation services required to complete all of the work of
construction and installation of the improvements more particularly described in the Resolution
adopted by the City Council of said City on __________________________, 2020 the items and
quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office
of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid
and for which the Contractor retains responsibility.
2.Time of Performance and Liquidated Damages: The Contractor must begin work
wit hin fifteen (15) calendar days after official notice by the City Engineer to proceed with the work
and must diligently prosecute the same to completion within Sixty (60) calendar days of that Notice.
The Contractor acknowledges and agrees that t ime is of the essence with respect to Contractor’s
work and that Contractor shall diligently pursue performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or
within such further time as said City Council must have authorized, the Contractor must pay to the
City liquidated damages in the amount of $500.00 day for each and every day's delay in finishing the
work beyond the completion date so specified. Additional provisions with regard to said time of
completion and liquidated damages are set forth in the specifications, which provisions are hereby
referred to and incorporated herein by reference.
3.Payments: Payments will be made by City to the Contractor for said work performed
at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's
bid.
The award of the contract is for a total amount of Three Hundred Thirty Thousand, Seven
Hundred Forty-Five Dollars ($330,745).
4.Component Parts and Interpretation: This contract must consist of the following
documents, each of which is on file in the office of the City Clerk and all of which are incorporated
herein and made a part hereof by reference thereto:
a)This Agreement
b)Notice Inviting Sealed Proposals
c)Instruction and Information to Bidders
Page 2
d)Accepted Proposal, with all attachments and certifications
e)Performance Bond
f)Payment Bond
g)Special Provisions
h)Standard Specifications
i)Technical specifications
j)Design Standards
k)Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence will
govern: this contract; change orders; supplemental agreements and approved revisions to plans
and specifications; special conditions; standard specifications; detail plans; general plans; standard
plans; reference specifications. In the absence of a controlling or contrary provision in the
foregoing, the Standard Specifications (2010 edition) of the California Department of
Transportation shall apply to this project.
5.Independent Contractor. Contractor is and will at all times remain as to City
a wholly independent contractor. Neither City nor any of its officers, employees, or agents will
have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or
subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at
any time or in any manner represent that it or any of its officers, employees, agents, or
subcontractors are in any manner officers, employees, agents or subcontractors of City.
6.Prevailing Wages: Copies of the determination of the Director of the
Department of Industrial Relations of the prevailing rate of per diem wages for each craft,
classification or type of worker needed to execute this Contract will be on file in, and available at,
the City Office located at 130 Avram Avenue, Rohnert Park, CA 94928.
Contractor must post at the work site, or if there is no regular work site then at its principal
office, for the duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code
§ 1773.2.)
Contractor, and any subcontractor engaged by Contractor, may pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section
1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section
1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the
execution of the Contract by Contract or or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance
with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that
contractors and subcontractors must submit contract award information to the applicable joint
Page 3
apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not
less than one hour of apprentice’s work for every five hours of labor performed by a journeyman
(unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft
or trade or a like amount to the California Apprenticeship Council, and that contractors and
subcontractors must not discriminate among otherwise qualified employees as apprentices solely
on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices
defined in Labor Code section 3077, who are in training under apprenticeship standards and who
have written apprentice contracts, may be employed on public works in apprenticeable
occupations.
With each application for payment, Contractor shall also deliver certified payrolls to Owner
as set forth above in these General Conditions, and concurrently therewith (but in no event less
frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor
Commissioner.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to
comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC
§ 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours
and Safety Standards Act (40 USC § 327 and following).
7.Hours of Labor: Contractor acknowledges that under California Labor Code
sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will
forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40 hours in any
one calendar week in violation of the provisions of Labor Code section 1810.
8.Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411,
Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the
Contractor or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the
public works project and which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the
perfor mance of the Contract. The ratio of apprentices to journeymen in such cases must not be less
than one to five except:
A.When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for certificate,
or
B.When the number of apprentices in training in that area exceeds a ratio of one to five,
or
C.When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D.When the assignment of an apprentice to any work performed under a public works
Contract would create a condition which would jeopardize his life or the life, safety,
or property of fellow employees or the public at large, or if the specified task to which
Page 4
the apprentice is to be assigned is of such a nature that training cannot be provided by
a journeyman, or
E.When the Contractor provides evidence that he employs registered apprentices on all
of his Contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable
trade on such Contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and any Subcontractor under him must comply with the requirements of
Section 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. .
9.Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which
reads as follows:
"A contractor must not discriminate in the employment of persons upon
public works on any basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code,
except as otherwise provided in Section 12940 of the Government Code. Every contractor
for public works who violates this section is subject to all the penalties imposed for a
violation of this chapter. "
10.Workmen's Compensation Insurance: In accordance with the provisions of Article 5,
Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is
required to secure the payment of compensation to his employees and must for that purpose obtain
and keep in effect adequate Workmen's Compensation Insurance.
The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for workmen's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and will comply with such
provisions before commencing the performance of the work of this contract.
11.Indemnity and Insurance: To the fullest extent permitted by law (including without
limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release
and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from
and against any and all actions, claims, demands, damages, disability, losses, expenses including, but
not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted
by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities
hereunder, including the activities of other persons employed or utilized by Contractor including
subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due
to the sole negligence, intentional misconduct or active negligence of the City. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Contractor under Worker's Compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided by
Page 5
Contractor and must continue to bind the parties after termination/completion of this Agreement.
Contractor shall procure and maintain throughout the time for performance of the work under
this Contract the insurance required by the Special Provisions. The requirement that Contractor
procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to
indemnify City as provided in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12.City R ight of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
impracticable to proceed, or when the City is prevented from proceeding with the Contract by act
of God, by law, or by official action of a public authority. In addition, the occurrence of any of
the following is a default by Contractor under this Contract:
A.Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or any
permitted extension.
B.Contractor fails to complete the Work on time.
C.Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor’s
insolvency.
D.Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E.Contractor fails to make prompt payment to any subcontractor or for
material or labor.
F.Contractor fails to abide by any applicable laws, ordinances or instructions
of City in performing the Work.
G.Contractor breaches or fails to perform any obligation or duty under the
Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice of
default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless Contractor cures the default within 10 days after the service of such notice, or
satisfactory arrangements acceptable to City for the correction or elimination of such default are
made, as determined by City, City may thereafter terminate this Contract by serving written notice
on Contractor. In such case, Contractor will not be entitled to receive any further payment, except
for Work actually completed prior to such termination in accordance with the provisions of the
Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor’s surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice of
its intention to take over and perform this Contract within five days after service of the notice of
termination or does not commence performance within 10 days from the date of such notice, City
may take over the Work and prosecute the same to completion by contract or by any other method
it may deem advisable for the account and at the expense of Contractor. Contractor and the surety
will be liable to City for any and all excess costs or other damages incurred by City in completing
the Work.
Page 6
If City takes over the Work as provided in this Section, City may, without liability for so
doing, take possession of, and utilize in completing the Work, such materials, appliances, plant,
and other property belonging to Contractor as may be on the site of the Work and necessary for
the completion of the Work.
13.Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld must be deposited with the public agency, or with a state
or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon
satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the California
Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The
Contractor must be the beneficial owner of any securities substituted for moneys withheld and must
receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions
earned directly to the escrow agent at the expense of the Contractor. At the expense of the
Contractor, the Contractor may direct the investment of the payments into securities and the
Contractor shall receive the interest earned on the investments upon the same terms provided for
in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the
Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City, pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a.The amount of securities to be deposited;
b.The terms and conditions of conversion to cash in case of the default of the Contractor;
and
c.The termination of the escrow upon completion of the contract.
14.General Provisions
A.Authority to Execute. Each Party represents and warrants that all necessary
action has been taken by such Party to authorize the undersigned to execute this Contract and to
bind it to the performance of its obligations.
B.Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City’s sole discretion since the
experience and qualifications of Contractor were material considerations for this Contract.
C.Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D.Integrated Contract. This Contract, including the Contract Documents, is
the entire, complete, final and exclusive expression of the Parties with respect to the Work to be
performed under this Contract and supersedes all other agreements or understandings, whether oral
or written, between Contractor and City prior to the execution of this Contract.
E.Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City Council
Page 7
or City Manager, as applicable. The Parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract may
be executed in several counterparts, each of which will be deemed an original, and all of which,
when taken together, constitute one and the same instrument. Amendments to this Contract will
be considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or other electronic signature will have the same effect as an original
signat ure.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Contract will not constitute a waiver of any other
provision, or a waiver of any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of
the provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review this
Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance
with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is declared
or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Contract will not be affected and the Contract will be read and
construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue
will be in the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed
by its officers, t hereunto duly authorized, and Contractor has subscribed same, all on the day and year
first above written.
CITY OF ROHNERT PARK VINTAGE CONTRACTORS, INC
____________________________________
City Manager Date Name/Title Date
Per Resolution No. _________________ adopted by the Rohnert Park
City Council at its meeting of ________________________________.
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney
Due to its file size, a copy of the Plans
and Specs for Agenda Item 5.C. can be
made available upon request to the City
Clerk’s Office
Item 5.C.
ITEM NO. 5.D.
1
Meeting Date: June 9th, 2020
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Angela Beran, Management Analyst
Agenda Title: Authorize the City Manager to Execute Amendment #1 of the Third Amended
and Restated Agreement Between the City of Rohnert Park and Rohnert Park
Disposal, Inc. for Refuse, Recyclable Materials Compostable Materials, and
Street Sweeping Services As Assigned to Recology Sonoma Marin
RECOMMENDED ACTION: Approve a contract amendment to reduce the level of franchise fees
for the City’s current exclusive franchise agreement with Recology Sonoma Marin for Refuse,
Recycling, Compost Materials, and Street Sweeping, and implement a low income discount program.
BACKGROUND: The City grants Recology Sonoma-Marin (Recology) an exclusive franchise for
collection and hauling of solid waste, including garbage, recycling, and organic materials. The City
assigned this franchise agreement to Recology in November, 2017 after Recology acquired Rohnert
Park Disposal, the prior contractor. Under the contract, Recology sets rates for garbage service, subject
to some oversight by the City.
The franchise agreement allows for an annual rate adjustment based on changes in the average of the
refuse rate index numbers including labor, fuel, vehicle replacement, vehicle maintenance, processing
and disposal fees, and the consumer price index. Additionally, the franchise agreement allows
Recology to request a detailed review of rates every three years, whereby all costs of service are
reviewed. Recology requested and the City via R3 Consulting (R3) recently completed the rate review.
ANALYSIS: Under the existing contract, Recology Sonoma Marin is entitled to increase their rates,
effective July 1, based on a detailed rate review that adjusts rates to meet actual operating costs. The
recently-completed detailed review of rates found that a rate increase of 33.4% is justified based on
Recology’s actual costs of operations. The increase is based on a clear and well-organized rate
application, with generally reasonable assumptions and projections. R3 carefully reviewed the
materials and data, and recommended a lower increase than initially requested by Recology. Because
the contract allows for Recology to increase rates after such a review every three years, an increase is
required by the contract and is not discretionary. The proposed amendment will not modify these
provisions. Staff recognizes, however, that while the City is required to allow Recology to implement
a rate increase based on Recology’s costs of operation, the current economic landscape may make a
rate increase particularly difficult for certain citizens.
The agreement includes fees charged by the City to Recology that include an AB 939 Fee, a refuse
vehicle fee, and exclusive rights franchise fee that represented the reasonable market value of 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.D.
2
franchise rights granted to Recology. In the opinion of staff, the value of the franchise is at least equal
to the franchise fees being collected. However, in recognition that many residents and businesses are
facing financial challenges associated with the COVID-19 pandemic, staff is recommending a
restructuring and reduction of the fees received by the City to a single fee of 15%, which will reduce
the customer rate increase from the 33.4 % increase which Recology is entitled to, to an effective
customer rate increase of 20.9%.
The amended franchise fee was the subject of negotiation and is justified based on the regulatory costs
related to AB939 compliance and monitoring, value provided to Recology for the grant of an exclusive
franchise, use of public property, and for associated benefits provided by the City, including staff costs
for administration. The fee also reflects the value received by Recology for the exclusive franchise
rights to collect solid waste within the City of Rohnert Park. The portion of the franchise fee for
exclusive rights is justified based on the value of the use of public property for Recology’s collection
activities, and assumptions regarding the additional economic value provided to Recology by a City-
created exclusive collection right. This right allows the waste hauler to benefit from economies of
scale in terms of its selection of collection vehicles, collection routes, provides certainty to the waste
hauler over the term of the contract and incorporates the value of certain compostable materials that
have a resale value in the marketplace.
The franchise fee also reflects the value of the use of public property to offset estimated damage to
local residential roads attributable to the impact of heavy refuse vehicle use. In addition, this fee covers
the staff expenses of administrating the solid waste franchise agreement, including salaries and
benefits, and associated legal expenses. Additionally, the revised fee structure would also be supported
by a market-valuation approach, as the fee is generally in line with similar fees charged by neighboring
jurisdictions:
Jurisdiction Franchise Fee
Santa Rosa 14% plus annual AB939 fee of $125,000
Healdsburg 10% plus $23,000 annual fees.
Cloverdale 12% plus $615,000 administrative fee over contract term.
Sebastopol 10%
Cotati 14.3% plus $12,300 per month vehicle impact fee and $50,000 annual
administrative fee
Corte Madera 20%
Saratoga 19% plus $62,989 monthly vehicle impact fee and $83,954 monthly
administrative and household hazardous waste fees
Los Gatos 19% plus $105,703 monthly vehicle impact fee and $117,022 monthly
administrative and household hazardous waste fees
The smaller customer rate increase that would result if the amendment is approved is illustrated in
Table 1 below. Even with the proposed customer rate increases, customer rates for Rohnert Park would
be below average when compared with other local jurisdictions for most residential cart sizes, as set
forth in Table 2.
Table 1 below illustrates the dollar amount of the increase for different sizes of garbage cans. Table 2
compares the proposed higher rates with those of other local cities.
ITEM NO. 5.D.
3
TABLE 1
CURRENT VS PROPOSED RESIDENTIAL RATE COMPARISON
Cart Size (gal) 20 32 68 95
Rohnert Park Current Rate $ 11.08 $ 20.32 $ 31.74 $ 49.53
Rohnert Park Proposed Rate $13.40 $24.57 $38.38 $59.90
Percent of Residential Accounts 14 % 40 % 39 % 8 %
Rate difference +$ 2.32
+$ 4.25
+$ 6.64
+ $10.37
TABLE 2
ROHNERT PARK PROPOSED RATE VS CURRENT REGIONAL RATE COMPARISON
JURISDICTION EFFECTIVE DATE 20-GAL 32-GAL 64*/68-GAL 95/96**-GAL
Rohnert Park
Proposed Rate 7/1/2020 $13.40 $24.57 $38.38 $59.90
Cloverdale 9/1/2019 $17.60 $23.73 $36.81 $4812
Cotati 1/1/2019 $10.56 $14.83 $38.89 $59.93
Healdsburg 1/1/2021 $19.67 $26.12 $37.54 $50.99
Novato Sanitary District 1/1/2020 $14.09 $22.53 $45.03 $67.57
Petaluma 7/1/2020 $14.45 $25.58 $48.50 $80.01
Rohnert Park (Current) 7/1/2019 $11.08 $20.32 $31.74 $49.53
Santa Rosa 1/1/2020 $ 29.43 $ 33.13 $ 48.21 $ 73.63
Sebastopol 7/1/2019 $12.00 $20.89 $37.86 $63.29
Windsor TBD $21.07 $28.30 $44.73 $69.10
Average $16.66 $23.94 $41.03 $62.46
Proposed Rohnert Park
vs. Average -24.3% 2.6% -6.9% -4.3%
ITEM NO. 5.D.
4
It is worth noting that in 2017 the City exercised our option to extend the contract with Recology from
2020 to 2025. We believed that this was a more prudent course than conducting a competitive
procurement. As the new rates remain significantly below Santa Rosa and Windsor, which conducted
such procurements in recent years, the decision to extend the contract with Recology was sound.
In addition to reducing the City’s franchise fees, the proposed amendments include the addition of a
discount option similar to utility provider PG&E’s CARE (California Alternate Rates for Energy
(CARE) Program. The proposed discount option provides low-income residents with the opportunity
for a 15% discount on their Recology rates, thereby mitigating the impact of higher rates. To be
eligible, residents must provide documentation of enrollment in a similar economic assistance
program. Funding for a CARE program would be provided out of unrestricted general funds of the
City.
ALIGNMENT WITH STRATEGIC PLAN: Providing solid waste services is a core City service.
The contract ensures the effective delivery of public services.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approval of the reduced franchise fees to mitigate the
impact of the required rate increase, and establishment of the CARE program to further reduce
the impact on low-income residents.
2. Alternative: Staff also considered not lowering franchise fees under the contract and not
implementing a CARE program.
FISCAL IMPACT/FUNDING SOURCE: The reduction in franchise fees represents an annual net
loss in revenue of $1,270,203 compared to what the City would receive without the reduction. It is a
loss of $354,189 compared to budgeted FY 19-20 revenue.
Department Head Approval Date: N/A
Finance Director Approval Date: N/A
City Attorney Approval Date: 6/4/2020
City Manager Approval Date: 6/5/2020
Attachments (list in packet assembly order):
1. Proposed Amendment to Franchise Agreement
Attachment 1
OAK #4829-2153-2350 v4 1
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED AGREEMENT BETWEEN
CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INCORPORATED FOR
REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET
SWEEPING SERVICES
This First Amendment (“Amendment”) to the Third Amended and Restated Agreement for
Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services, dated as of
November 28, 2017, by and between the City of Rohnert Park, (“City”) and Recology Sonoma
Marin, a California corporation (“Recology”), as assignee of Rohnert Park Disposal, Inc. (“RPDI”)
(collectively, City and Recology are “Parties”).
WHEREAS, City and RPDI were parties to the Third Amended and Restated Agreement
for Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services, dated
as of November 28, 2017 (the “Franchise Agreement”);
WHEREAS, as part of the Assignment and Assumption Agreement, dated as of November
28, 2017, RPDI assigned the Franchise Agreement to Recology with consent of City;
WHEREAS, the Parties now desire to amend certain provisions of the Franchise
Agreement to implement a low income discount program, provide for program funding, and
restructure the fee provisions of the Franchise Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Parties and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Amendment to Add Low Income Discount Program. Effective July 1, 2020, the Franchise
Agreement is amended to add the following Section 8.05 “Low Income Discount Program”, to
read as follows:
8.05. LOW INCOME DISCOUNT PROGRAM
8.05.1 Program.
Contractor shall provide a fifteen percent (15%) discount off Single-Family Residential
Customer Rates to qualified Single-Family Residential customers (“Discount”),
commencing on July 1, 2020. To qualify, the customer must: (a) live in a Single-Family
Residence that is billed separately (not combined with any other dwelling unit); and
(b) provide Contractor with a copy of the customer’s PG&E bill (or other suitable
documentation of a type approved in advance by City) verifying that the customer is
enrolled in PG&E’s CARE Program. Participating customers shall be required by
Contractor to promptly notify it if they are no longer enrolled in the CARE Program.
Contractor shall require participating customers to reconfirm their eligibility for the
Discount by submitting their most recent PG&E bill to Contractor annually, so that they
receive no more than twelve (12) months of discounted rates between each eligibility
determination (except for the retroactively-applied Discount referred to in the next
sentence). Contractor shall begin applying the Discount to customer invoices issued after
the customer qualifies, provided, however, that qualifying customers who submit
applications on or before August 31, 2020 shall have the Discount applied retroactively to
charges for services provided on or after July 1, 2020.
Attachment 1
OAK #4829-2153-2350 v4 2
8.05.2 Program Funding.
The Discount shall be fully funded by City through unrestricted revenues available to the
City, to be paid by the City to Contractor on a monthly basis on a mutually agreed date
earlier than the date City Fee payments are due under Section 7.03. The amount of each
monthly payment shall equal the total dollar amount of the Discounts provided on
customer invoices issued in the previous month. In the event that the City does not make
payment by the agreed date, Contractor shall be entitled to a dollar-for-dollar reduction
from City Fee payments required under Section 7.01 and 7.03. In such event, Contractor
shall be entitled to offset the dollar amount of the Discount against the amount of the City
Fee that would otherwise be payable pursuant to Sections 7.01 and 7.03. Contractor shall
apply such offsets on a monthly basis, reducing the dollar amount of the monthly City Fee
payment by the dollar amount of the Discounts provided on customer invoices issued in
the previous month. Contractor shall report to City the amount of such offsets on a monthly
basis, at the time Contractor submits the City Fee payment. Contractor shall also include
in its annual report a summary of the number of customers receiving the Discount each
month, their service levels, and the total monthly dollar amount of the Discount.
2. Amendment of Fees. Effective July 1, 2020, Section 7.01 “Contractor’s Payments to City”
of the Franchise Agreement is amended to read in its entirety as follows:
7.01 CONTRACTOR'S PAYMENTS TO CITY
In consideration of the rights provided Contractor herein, Contractor shall make the
following payments to the City:
Contractor shall pay City a fee of fifteen percent (15%) of Gross Revenues under this
Agreement (the “City Fee”), representing a franchise fee for the exclusive rights granted
pursuant to this agreement to provide refuse services in the City of Rohnert, and a
regulatory fee for related AB 939 compliance and diversion. The City and Contractor agree
that the City Fee (1) represents the result of bona fide negotiations between the City and
Contractor, and (2) is reasonably related to the value of the rights granted herein, which
includes but is not limited to the use of City property, City streets and rights of way, and
staff resources, and (3) is in part a regulatory fee to recoup those regulatory costs incurred
by the City for preparing, adopting, and implementing the Source Reduction and Recycling
and Household Hazardous Waste Elements required by AB 939, including costs of
inspection, staff time, and monitoring.
3. Conforming Changes. Effective July 1, 2020, the Franchise Agreement is amended to
replace all remaining instances of “Franchise Fee” with “City Fee” in Sections 1.34, Exhibit N, and
Exhibit O-2 and to delete all remaining instances of “AB 939 Compliance and Diversion Fee” in
Exhibit N and Exhibit O-2, and delete all instances to “Refuse Vehicle Fee” in Exhibit N and Exhibit
O-2.
4. No Retroactivity. For avoidance of doubt, nothing in this Amendment shall be intended to
impose any retroactive obligation on any Party.
5. Multiple Originals; Counterparts. This Amendment may be executed in multiple originals,
each of which is deemed to be an original, and may be signed in counterparts or via DocuSign.
Attachment 1
OAK #4829-2153-2350 v4 3
IN WITNESS WHEREOF, this Amendment is entered into effective as of the date first written
above.
City of Rohnert Park
By:
Name:
Title:
Date:____________________________
APPROVED AS TO FORM:
________________________________
City Attorney
ATTEST:
________________________________
JoAnne Buergler, City Clerk
Recology Sonoma Marin
By:
Name:
Title:
Date:____________________________
By:
Name:
Title:
Date:____________________________
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, June 2, 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 June 1st, 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, City Attorney Marchetta-Kenyon, Development Services Director/City
Engineer Pawson, Director of Human Resources Perrault, Director of Public Safety Mattos,
Fire Marshall Thompson, Director of Public Works and Community Services McArthur,
Planning Manager Beiswenger, Planner III Garcia, Senior Code Compliance Officer Kirk,
Interim Finance Manager Orozco, Information Systems (IS) Operations Manager Rowley,
and City Clerk Buergler.
Staff Present: Assistant City Clerk Lopez Cuevas and IT Analyst Son.
2. AGENDA ITEMS
A. 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: City Clerk Buergler read comments submitted by: John Haig,
Annie Nicol, Charles Bryan Jones, Ginny Medeiros, Adrienne Lauby, Anita LaFollette,
Janal Reyes, Catherine Crotty and Vera Zaro, who spoke in support of porta-potties and
hand washing stations for the homeless.
Council received and accepted the report.
City of Rohnert Park Special Meeting Minutes June 2, 2020
for City Council Page 2 of 3
ACTION: By consensus (none opposed) Council authorized the Mayor to sign
letters to businesses requesting their contact information so the City
may provide them information directly.
ACTION: By consensus (none opposed) Mayor will sign a joint letter asking
the Legislators for revisions to the proposed distribution of CARES
Act funds for COVID-19 response costs.
ACTION: Moved/seconded (Mackenzie/Adams) Mayor is authorized to sign
letters, as approved by the City Manager, on matters dealing with
budget issues and potential funding from state or federal sources.
Motion carried by the following unanimous 5-0-0 roll call vote:
AYES: Adams, Belforte, Stafford, Mackenzie, and Callinan NOES:
None, ABSTAINS: None, ABSENT: None
B. Introduction and Adoption of an Urgency Ordinance of the City Council of
the City of Rohnert Park, California, amending Chapter 9.49 (Fireworks
Regulations) of the Rohnert Park Municipal Code to Amend Provisions Relating to
Permitting and Sale of Fireworks and Prohibit Use of Fireworks in Commercial
Parking Lots. Director of Public Safety Mattos presented the item. Recommended
Action(s): Adopt Urgency Ordinance 948.
PUBLIC COMMENT: City Clerk Buergler read a comment submitted by Dennis Revell.
Councilmember Belforte stated for the record that she is “…against us allowing the sale of
fireworks during the 2020 season due to COVID, the safety of the officers and the safety
of our community. The only reason I’m voting for this ordinance is I think it’s a way to
decrease the amount of people coming into the City of Rohnert Park…”
Mayor Callinan stated for the record that he thinks “… it is highly ridiculous how we are
penalizing our citizens of Rohnert Park that live in condominiums and apartments that they
have no place to light fireworks. So we're almost banning them from purchasing them.
We're letting the fireworks sale go on but now we are prohibiting anyone that lives in an
apartment complex or condominium from lighting off fireworks. That’s such a shame…”
ACTION: Moved/seconded (Mackenzie/Adams) to introduce and adopt
Urgency Ordinance No. 948, an Urgency Ordinance of the City
Council of the City of Rohnert Park, California, amending Chapter
9.49 (Fireworks Regulations) of the Rohnert Park Municipal Code
to Amend Provisions Relating to Permitting and Sale of Fireworks
and Prohibit Use of Fireworks in Commercial Parking Lots. Title
Read by Mayor Callinan
Motion carried by the following 4-1-0 roll call vote: AYES:
Adams, Belforte, Stafford, and Mackenzie, NOES: Callinan,
ABSTAINS: None, ABSENT: None
City of Rohnert Park Special Meeting Minutes June 2, 2020
for City Council Page 3 of 3
C. Discussion and Direction on Policy Options for Food Trucks. Planning Manager
Beiswenger presented the item. Recommended Action(s): review and provide direction
to staff on short-term and long-term strategies related to food trucks.
PUBLIC COMMENT: None*
ACTION: By consensus (none opposed) Council will allow food trucks with
the issuance of a temporary use permit (TUP).
ACTION: By consensus (none opposed) Council will not allow food trucks to
serve business parks for expanded periods during lunch hours.
ACTION: By majority (Callinan opposed) Council will allow local businesses
other than restaurants to locate food trucks adjacent to established
businesses that have limited on-site food options (e.g. brew pubs)
and to initiate a project to consider amendments to the municipal
code accordingly.
ACTION: By majority (Adams/Callinan opposed) Council will not allow local
businesses to have a food trucks to complement on-site commercial
activities that are not food related (e.g. hardware store, big box store)
ACTION: By consensus (none opposed), Council will not allow “Food Truck
Courts.”
ACTION: By consensus (none opposed) Council will not allow food trucks on
vacant and underutilized properties.
*Comment from Adam Bosch was received after this item was closed and therefore not
read for the record or considered in connection with this agenda item.
3. ADJOURNMENT
Mayor Callinan adjourned the special meeting at 2:22 p.m.
_____________________________________ __________________________________
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
Wednesday, June 3, 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 10:01 a.m., the notice for which being
legally noticed on June 2, 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, City Attorney
Marchetta-Kenyon, Director of Human Resources Perrault, and City Clerk Buergler.
Staff Present: Office Assistant Machado and IT Analyst Son.
2.PUBLIC COMMENTS
No public comments regarding items on this agenda were received
3.CLOSED SESSION
Mayor Callinan made the closed session announcement pursuant to Government Code
§54957.7 and Council recessed to Closed Session at 10:03 am to consider:
A.Conference with Labor Negotiators (Government Code §54957.6)
Agency designated representative(s): Darrin Jenkins, City Manager
Employee Organizations:
a.Service Employees' International Union (SEIU)
b. Rohnert Park Employees' Association (RPEA)
c.Rohnert Park Public Safety Officers' Association (RPPSOA)
d. Rohnert Park Public Safety Managers' Association (RPPSMA)
e. Management Unit
f.Confidential Unit
g.Unrepresented Employees
Item 5.F.
City of Rohnert Park Special Meeting Minutes June 3, 2020
for City Council Page 2 of 2
B.Reconvened Joint Special Meeting Open Session at 11:04 am to report on Closed
Session (Government Code § 54957.1):
Mayor Callinan reported: no reportable action.
4.ADJOURNMENT
Mayor Callinan adjourned the special meeting at 11:04 am
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Joseph T. Callinan, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. 6.B.
1
Meeting Date: June 9th, 2020 DRAFT
Department: Public Safety, Fire Division
Submitted By: Jim Thompson, Fire Marshal
Prepared By: Jim Thompson, Fire Marshal
Agenda Title: PUBLIC HEARING: Protest Hearing to Hear Protests to Resolution 2020-047
Which Declared Weeds to be a Nuisance and Requiring Weed and Rubbish
Abatement and Adopt a Resolution Ordering the Abatement of Weed and Trash
Nuisances Existing within the City of Rohnert Park.
RECOMMENDED ACTION:
Staff recommends that the City Council to 1) Conduct a Protest Hearing to Hear Protests to Resolution
2020-047 Which Declared Weeds to be a Nuisance and Requiring Weed and Rubbish Abatement and 2)
Adopt a Resolution Ordering the Abatement of Weed and Trash Nuisances Existing within the City of
Rohnert Park.
BACKGROUND:
Each year the City Council adopts resolutions declaring weeds to be a nuisance and directing property
owners to abate the weeds or be subject to City-initiated abatement through the use of a contractor.
ANALYSIS:
A citywide inspection for lots and properties for compliance of the Weed Abatement Standards has been
implemented. Listed property owners have been contacted by letter, phone or e-mail to remind them
about the annual process of cutting hazardous vegetation. Late spring rains could create the need for
property owners to cut twice and final compliance could be delayed.
This program has been successful for years and has been able to achieve 100 percent compliance. We
intend to continue that successful record.
As required under the Government Code and the Municipal Code, written notices to abate have been
mailed to non-compliant property owners warning them that their property shall be subject to abatement.
Also, a notice has been published twice in the Community Voice regarding the Weed Abatement Protest
Hearing scheduled for June 9th, 2020.
Inspections for compliance of the properties noted in violation will begin June 2, 2020, with abatement by
the City intended to begin July 2, 2020.
STRATEGIC PLAN ALIGNMENT:
Implementing this action is consistent with Strategic Plan Goal D; continue to “develop a vibrant
community.”
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends holding the protest hearing. Historically, this
mitigating practice has been utilized each year with good results and no opposition.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.B.
2
2. 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: 06/03/2020
City Manager Approval Date: 06/03/2020
City Attorney Approval Date: 05/28/2020
Attachments (list in packet assembly order):
1) Resolution
2) Exhibit A to the Resolution: Properties list - Abatement List
RESOLUTION NO. 2020-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ORDERING THE ABATEMENT OF WEED AND TRASH NUISANCES EXISTING
WITHIN THE CITY OF ROHNERT PARK
WHEREAS, it is the determination of the City Council that certain weeds are growing
upon the streets and sidewalks and upon and in front of private property within the City of
Rohnert Park which, if not abated, constitute a fire and health menace and are otherwise noxious
and dangerous, and that such weeds constitute a public nuisance;
WHEREAS, such weeds are more particularly defined and described in Section 8.08.010
of the Rohnert Park Municipal Code;
WHEREAS, on May 26th, 2020, the City Council of the City of Rohnert Park declared
such weeds to be a public nuisance and authorized the City Clerk to mail notice to the owners of
such properties in accordance with Section 8.08.040 of the Rohnert Park Municipal Code and
requirements in the Government Code;
WHEREAS, a duly noticed protest hearing was held before the City Council on June 9th,
2020, in order for affected property owners to state their objections and protests to the removal of
weeds, refuse, and rubbish from their properties.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert
Park, having heard and considered all objections and protests to the removal of such weeds,
refuse, and rubbish at the noticed time and place, overrules all objections and protests, if any.
BE IT FURTHER RESOLVED that the Council of the City of Rohnert Park authorizes
and orders the Fire Marshal, or his designee(s), to abate the nuisances existing within the City of
Rohnert Park, effective immediately upon adoption, on the properties described in Exhibit “A” to
this resolution.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 9th day of June 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
_____________________________
Sylvia Lopez Cuevas, Assistant City Clerk
Attachments: Exhibit A - Abatement List
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
Budget & Finance Task Force
Staff Changes Post Study Session
Proposed Capital Project Changes
General Fund Overview
FY 2020/21 Budget Update
1
Budget and Finance Task Force
2
Recommended Action Priority Savings
Freeze Vacancies Citywide 1 $ (371k)
Postpone Non-Essential City
Building/Park Improvements
2 $ (1.5M)
Fund Spreckels Performance
Costs from Endowment
3 N/A
Implement Updated Master Fee
Schedule
4 N/A
Budget and Finance Task Force
3
Recommended Action Priority Savings
Consider In-House City Attorney
/ Legal Department
5 N/A
Reduce Consultants Citywide 6 $ (621k)
Reduce Overtime Citywide by
10%
7 $ (97k)
Reduce Part Time Staff 8 (284k)
Staff Changes Post Study Session
4
Revenue Reductions
Sales Tax $(413k)
Transit Occupancy Tax ($230k)
Refuse Franchise Fees ($215k)
In Lieu Property Tax ($155k)
Staff Changes Post Study Session
5
Revenue Reductions
Development Services Building Permits ($204k)
Public Safety Fireworks Infractions ($20k)
Community Services Facility Rentals ($11k)
Community Services Summer Camps ($12k)
Staff Changes Post Study Session
6
Salary & Benefits Changes
Defunded three vacant positions; Custodian,
Community Services Manager, Information
System Technician ($371K)
Corrections to Pubic Safety staffing
methodology in Salary Model ($566k)
Staff Changes Post Study Session cont.
7
Operating Cost Reductions
Administration expenditures including
meetings, training, and travel ($16k)
Finance expenditures including training, travel,
and equipment ($10k)
Human Resources expenditures including
training, travel and contract services ($24k)
Staff Changes Post Study Session cont.
8
Operating Cost Reductions (cont.)
Development Services including training, bank
charges and reimbursements ($16k)
Public Safety including overtime, office
equipment, vehicles and reimbursements
($175k)
Public Works including contract services, small
tools, special department expenditures and
reimbursements ($7k)
Staff Changes Post Study Session cont.
9
Operating Cost Reductions (cont.)
Community Services including part time staff,
contracted services, utilities, and publicity
($217k )
Operating Cost Increase
Various departmental updates for Liability and
Property Insurance $73k
Staff Changes Post Study Session cont.
10
Rebalanced Internal Service Funds
Information Technology ($91k)
Fleet Services ($21k)
Capital Project Changes
11
CIP Projects to Eliminate
Roberts Lake Entryway Beatification ($150k)
Meadow Pines Playground Replacement ($60k)
Lamont Playground Equipment ($18k)
Bocce Ball Courts ($50k)
Magnolia Park Electrical ($132k)
Community Center Upgrades ($532k)
Staff Changes Post Study Session cont.
12
CIP Projects to Partially Reduce
Building Major Repairs ($75k) Project retains
funding of $25k
Public Safety Northern Station Roof
Replacement ($225k) Repair funded for $25k
Sports Center Roof Replacement ($175k)
Repair funded for $25k
Staff Changes Post Study Session cont.
13
CIP Projects to Partially Reduce
ADA Transition Plan Implementation ($50k)
Project retains funding of $100k
Wooden Streetlight Replacement ($550k)
Project retains funding of $320k
Roundabout Commerce Boulevard ($275k)
Project retains funding of $2.5 M
Staff Changes Post Study Session cont.
14
CIP Projects to Partially Reduce
Commerce Water Line ($160k)
Project retains funding of $1.6 M
Emergency Preemption Phase II ($446k)
Phase I funded at $204k
Protective Permissive Signal Heads($150k)
Project retains funding of $525k
Proposed Budget FY 2020/21
General Fund Overview
15
General Fund Balanced Budget
16
General Fund Forecasted Revenues:
General Fund Proposed Expenditures:
Projected Addition to Reserves:
$34.7M
34.7M
$ 0.0M
ITEM NO. 6.C.
1
Meeting Date: June 9th, 2020
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Manuel Orozco, Interim Finance Manager
Prepared By: Katie Edgar, Acting Accounting Supervisor
Agenda Title: Discussion and Direction Regarding City of Rohnert Park Operating, Capital
Improvement Program and City of Rohnert Park Foundation Budgets for Fiscal
Year 2020/2021
RECOMMENDED ACTION:
City Council consider and discuss the information presented regarding the FY 2020-21 Proposed
Budget and provide feedback to staff.
BACKGROUND:
On April 23, a budget session was held with the City Manager presenting an overview of the FY 2020-
21 Proposed Budget. Due to the continued shelter-in-place order to suppress the spread of the novel
coronavirus, the presentation represented a preliminary draft budget. The pandemic situation is still
evolving and the extent of economic disruption is still uncertain. In response, the City has established a
Finance and Budget Committee to generate and prioritize recommended actions to produce cost
savings during this time. The budget changes presented today reflect a citywide effort to re-evaluate
revenue projections and re-align expenditures to minimize the use of reserves.
ANALYSIS:
Following the budget session presentation, each department had the opportunity to re-evaluate their
operating budget proposals and incorporate the direction of the Finance and Budget Committee. The
Finance and Budget Committee recommended the actions in Table 1, with the savings represented as
of implementation, compared to the FY 19-20 Adopted Budget. Only City vacancies that resulted in
limited service disruption were defunded. Many Capital Projects identified as non-essential
improvements were partially or fully defunded. Items 3-5 where not implemented after further analysis
revealed little budgetary savings. In the long term, the Endowment revenue is utilized best as an
interest-earning asset, the Master Fee Schedule will need to be updated to maintain the current level of
cost recovery, and our average annual City Attorney cost are comparatively less than similar
municipalities with internal Legal Departments. Consultant costs were successfully reduced 30%,
overtime 8%, and part time staffing reduced by 24%.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.C.
2
Table 1: Finance and Budget Committee Recommendations
Recommended Action Priority Savings
Freeze Vacancies Citywide 1 $ (370,998)
Postpone Non-Essential City Building/Park Improvements 2 $ (1,467,000)
Fund Spreckels Performance Costs from Endowment Revenue 3 N/A
Implement Updated Master Fee Schedule 4 N/A
Consider In-House City Attorney / Legal Department 5 N/A
Reduce Consultants Citywide 6 $ (620,914)
Reduce Overtime Citywide by 10% 7 $ (97,294)
Reduce Part Time Staff 8 $ (284,119)
These recommendations constitute only a portion of the changes suggested today. Outlined below are
the budgetary changes.
Staff Identified Increases / (Decreases) to Proposed Budget:
General Fund Revenue Changes ($1.3M)
• Sales Tax ($413k)
• Transit Occupancy Tax ($230k)
• Refuse Franchise Fees ($215k)
• In Lieu Property Tax ($155k)
• Development Services Building Permits ($204k)
• Public Safety Fireworks Infractions ($20k)
• Community Services Facility Rentals ($11k)
• Community Services Summer Camp Revenue ($12k)
General Fund Operating Expenditures Changes ($1.3M)
• Various reductions in Administration expenditures including meetings, training, and
travel ($16k)
• Various reductions in Finance expenditures including training, travel, and equipment
($10k)
• Various reductions in Human Resources expenditures including training, travel and
contract services ($24k)
• Various reductions in Development Services including training, bank charges and
reimbursements ($16k)
• Various reductions in Public Safety including overtime, office equipment, vehicles
and reimbursements ($175k)
• Various reductions in Public Works including contract services, small tools, special
department expenditures and reimbursements ($7k)
• Various reductions in Community Services including part time staff, contracted
services, utilities, and publicity ($217k)
• Various departmental updates for Liability and Property Insurance $73k
ITEM NO. 6.C.
3
• Various salary and benefits changes including adjustments to Public Safety staffing
methodology and defunding three vacant positions; Custodian, Community Services
Manager, Information System Technician ($937k)
Internal Service Fund Changes (112k)
• Re-balance Fleet charges due to various expense reductions including IT charges and
insurance (21k)
• Re-balance IT charges due to expense reductions including salary and benefits,
contracts, and software (91k)
Enterprise Fund Revenue Changes ($966k)
• Sewer Utility Fees ($459k)
• Sewer Capital Preservation Fees ($507k)
Special Revenue Fund Revenue Changes ($2.5M)
• Water Capacity Developer Fee ($328k)
• Public Facilities Finance Fee ($1.4M)
• Affordable Housing Development Fee ($533k)
• Southeast Specific Plan Community Facilities District ($86k)
• Southeast Specific Plan Regional Traffic Fee ($161k)
• Valley House Mitigation Fee ($40k)
• General Plan Maintenance Fee ($29k)
• Gas Tax Revenue $124k
Special Revenue Fund Expense Changes ($101k)
• Southeast Specific Plan Reimbursement to Public Works ($27k)
• Southeast Specific Plan Reimbursement to Public Safety ($60k)
• Public Facilities Finance Fee Reimbursement to Development Service ($14k)
Casino Programs Expense Changes ($327k)
• Suspend the Small Grants program until non-guaranteed contributions resume
($100k)
• Suspend Leadership Rohnert Park program until non-guaranteed contributions
resume ($80k)
• Suspend the Fee Waiver program until non-guaranteed contributions resume ($15k)
• Reduce homelessness cleanup contracts and legal expenses ($70k)
• Reduce reimbursement to Economic Development for contracts and community
promo ($40k)
• Various reductions in operation budgets including part time, materials, travel, and
training ($22k)
Capital Improvement Program
Projects Fully Defunded
• Roberts Lake Entryway Beatification ($150k)
ITEM NO. 6.C.
4
• Meadow Pines Playground Replacement ($60k)
• Lamont Playground Equipment ($18k)
• Bocce Ball Courts ($50k)
• Magnolia Park Electrical ($132k)
• Community Center Upgrades ($532k)
Projects Partially Defunded: (Reduction) Remaining
• Building Major Repairs ($75k) Project retains funding of $25k
• Public Safety Northern Station Roof Replacement ($225k) Repair funded for $25k
• Sports Center Roof Replacement ($175k) Repair funded for $25k
• ADA Transition Plan Implementation ($50k) Project retains funding of $100k
• Wooden Streetlight Replacement ($550k) Project retains funding of $320k
• Roundabout Commerce Boulevard ($275k) Project retains funding of $2.5 M
• Commerce Water Line ($160k) Project retains funding of $1.6 M
• Emergency Preemption Implementation Phase II ($446k) Phase I funded at $204k
• Protective Permissive Signal Head Conversion ($150k) Project retains funding of
$525k
STRATEGIC PLAN ALIGNMENT:
Options discussed align with the City goal to achieve and maintain financial stability.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends implementing the proposed changes in the FY 20-21
Budget to maintain financial stability.
2. Alternative: Direct staff to make additional budgetary changes that align the city with the goal
of financial stability.
FISCAL IMPACT/FUNDING SOURCE:
The proposed changes reflect an approximate reduction of $1.3 million in General Fund revenues, $2.5
million in special revenue funds, and $1.0 million in enterprise fund revenue compared to the budget
proposed in April 2020. The reduction in General Fund operating costs including salar y and benefits
save the City $1.3 million in expenditures. Therefore, the changes presented result in a balanced
General Fund budget that will not require the use of reserves. The proposed reductions in the Capital
Improvement Program total $3.1 million, with $1.7 million returning to the Infrastructure Reserve
Fund.
Finance Director Approval Date: 06/02/2020
City Attorney Approval Date: N/A
City Manager Approval Date: 06/04/2020
ITEM NO. 6.D.
1
1
Meeting Date: June 9th, 2020
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Cindy Bagley, Deputy Director of Community Services
Agenda Title: Discussion and Direction Regarding Summer Camp, Preschool, and other
Child Care/Supervision Programs Offered Through the Community
Services
RECOMMENDED ACTION:
Provide staff direction regarding the operation of City sponsored summer day camp, preschool,
and other child care/supervision programs.
BACKGROUND:
Effective March 16, 2020 all Community Services programs were cancelled and facilities closed
in compliance with the Sonoma County shelter-in-place order to prevent the spread of COVID-
19 (COVID). On May 22, 2020 the Sonoma County Health Officer lifted the ban on “all
childcare, summer camp programs, and other educational or recreational institutions or programs
providing care or supervision for children of all ages for less than 24 hours.”
The May 22 Order specifies that programs must be conducted subject to the following
requirements:
i. Childcare shall be carried out in stable groups of 12 or fewer (“stable” means that the
same 12 or fewer children are in the same group each day).
ii. Children shall not change from one group to another.
iii. If more than one group of children is cared for at one facility, children shall remain in
groups as small as possible and remain separated from other groups. It is important to
keep the same children and teacher or staff with each group and include children from
the same family in the same group. Groups shall not mix with each other.
iv. Childcare providers shall remain solely with one group of children, except for
temporary briefs or other short-term relief.
v. Children and childcare providers within the same childcare group are allowed to
commingle and are not required to maintain a six-foot distance from each other at all
times.
vi. Facial Coverings are not required for children younger than age two (2). For children
two (2) years of age or older, the Health Officer encourages parents and childcare
providers to follow the guidance of the American Association of Pediatrics when
masking children over two years of age. (https://services.aap.org/en/pages/2019-
novel-coronavirus-covid-19-infections/masks-and-children-during-covid-19/). Facial
Covering practices should be consistent with the cognitive and developmental
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.D.
2
capabilities of the child when in a childcare setting. Naptime is an exception to the
masking requirement as children should not be masked when they are sleeping;
napping children should observe social distancing (nap 6 feet apart).
vii. Childcare operations that use facilities defined as “Parks” under the County Health
Officer’s Order No. C19-11 (“Amended Parks Closure Order to Prevent the Spread of
COVID-19, Allowing Limited, Socially Distanced Access to Some Parks, for
Outdoor Recreational Activities,” dated May 12, 2020, section 6), shall qualify as
“individuals from the same household” for purposes of section 7.f of that Order, so
long as they also comply with the group size and other limitations set out in this
section.
Per the current Park Health Order, childcare groups may use shared park facilities that are open
(including walking trails, tennis courts, sports fields, trails, etc.) as if they were part of the same
household, however, “high touch” equipment and facilities in parks shared with other members
of the public, such as playgrounds, picnic areas, and pools, must remain closed to all users.
As part of the recent COVID-19 community survey, residents were asked questions pertaining to
summer day camps and whether or not they would enroll their child if in-person camps were
offered through the City.
This report focuses on the potential City operation of summer day camp (day camp) and will
include community benefit, community survey results, health and safety risks, liability concerns,
and fiscal impact. In addition, this report will address the operation of contract camps, preschool,
and other child care/supervision programs offered through Community Services. Staff is seeking
City Council direction on whether or not the City should operate its summer day camp program.
ANALYSIS:
Summer camp programs provide social, emotional, and educational enrichment opportunities for
participants. The COVID-19 pandemic caused schools to close and move to virtual education for
students. Because of this, children have missed months of interacting with their peers. Offering
summer camp in-person will give youth in the community an opportunity to re-socialize with
their peers under the new social distancing requirements they may experience in the 2020/21
school year.
Camp programs also provide parents with affordable child care and supervision during standard
working hours.
The COVID-19 Community Survey asked residents, with children under the age of 12, to
complete a set of questions regarding summer camp programs. For the purposes of this report,
the two most relevant questions and results are listed below:
1. If the Sonoma County Health Officer 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?
a. Yes – 81 responses
b. No – 121 responses
c. Maybe – 97 responses
ITEM NO. 6.D.
3
2. 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?
a. Yes – 52 responses
b. No – 117 responses
c. Maybe – 125
The City’s day camp historically has an average of 35 participants per week, so 81 respondents is
higher than what the City typically sees in registrations.
Prior to the survey being sent, staff began the development of virtual summer camp plans. These
plans include pre-recorded videos of staff leading campers through art, cooking, science, and
outdoor activities based on a weekly theme. The virtual summer camp would be a combination
of live video (zoom sessions) and the pre-recorded segments. Staff would send a “camp kit” to
the home of each participant which includes:
1. Daily Schedule
2. Zoom login information
3. Arts and Craft Supplies
4. Science Supplies
5. Grocery list for cooking supplies
One “day” of a virtual camp session took approximately one week to plan, film, and edit. Based
on the survey results, which indicate that more people are interested in in-person camp than
virtual camp, staff temporarily abandoned the filming of virtual camps, and formulated plans to
potentially operate an in-person camp in compliance with federal, state, and local requirements.
The plan is summarized in the section below:
I. Summer Day Camp Operation Protocols
Staff created a day camp protocol document to address the health and safety of staff and campers
in preparation of Sonoma County allowing day camps to operate (Attachment A). These
protocols will be updated from time to time to reflect the most current health orders and
recommendations. Highlights of these protocols include the following:
Health Checks:
1. Staff and participants will do a self-conducted health screen each day prior to camp,
including taking their temperature.
2. Upon arrival at camp, staff and participants will have their temperature taken with a no-
touch thermometer.
3. If staff or participants have a temperature of 100.4 or higher they will not be permitted
to enter Camp. Campers will be given a 15 minute window to re-take their temperature.
If temperature does not go down, they will not be able to attend Camp for 14 days.
4. Any staff or participant exhibiting symptoms consistent with COVID-19 will be
removed from the group and asked to leave Camp and not return for 14 days from the
onset of symptoms. In addition, they must be symptom free for a minimum of two days
before being allowed to return to Camp.
ITEM NO. 6.D.
4
Cleaning and Sanitation:
A strict set of protocols have been established based on CDC guidelines to lower the risk of the
spread of COVID-19. Camp staff will be trained on the cleaning and sanitation protocols as
described in Attachment A.
Camp Layout:
Camp will operate one week at a time, Monday through Friday from 9am to 4pm. Each camp
unit/group will have one staff member assigned to them for the entirety of the week. The City is
not able to offer a before and after care option because it would require part-time staff to work
too many hours in one day and cumulatively for the week.
The orders of the County Health Officer would not require children participating in outdoor
camps to wear masks, but they are encouraged to wear masks at all times while indoors based on
the age and cognitive abilities of the child consistent with guidance from the American
Association of Pediatrics. Staff do not believe campers would have an enjoyable experience
being masked all day, so have come up with two different options for the camp location pending
masking requirement/recommendations.
Option 1: If the Sonoma County Health Officer lifts mask requirements for indoor use, camp
could be held in its historical configuration of part indoor and part outdoor:
a. Two camp locations
a. Burton Rec Center – 5 to 8 year olds
i. 30 kids maximum – 3 groups of 10 (10:1 ratio recommended by CDC)
ii. One group in the Club Room; One group in the Main Room; One group
outside at all times
b. Community Center – 9 to 11 year olds
i. One group of 10 kids
ii. Could take more groups if the demand was high (this group has the fewest
enrollments historically).
Option 2: If indoor mask requirements remain in effect, camp would be outdoors on the grass
between the Performing Arts Center (PAC) and the Sports Center for all four groups (all ages).
c. The grass would be set up using PVC fencing, delineators, and cones to create
four separate areas (one for each group).
d. Each area would be big enough to host an arts/crafts station, a science station, and
a physical activity station.
e. Twice per week, campers will go inside the community center (one group at a
time) for a camp snack cooking project (maximum time in the facility would be
20 minutes with masks).
Safety Measures: Staff have developed included safety protocols consistent with CDC
regulations and applicable health orders of the County Health Officer for child care and are
further detailed in Attachment A.
ITEM NO. 6.D.
5
Even with these safety protocols in place, offering summer day camp in-person presents health
and safety concerns for staff and participants. These concerns are outlined in the following
section:
II. Health and Safety Concerns
Though the percentage of positive COVID-19 cases in Sonoma County is going down, the
effects of Phase 2 re-opening and beyond are unknown. With more people out in the community,
the transmission of COVID could increase putting campers and staff at risk of contracting the
disease and further spreading it into the community.
Statistics have shown that children are less physically affected by COVID, but could
asymptomatically carry and spread the disease to more vulnerable populations. In addition,
children have a more difficult time understanding the concept of and adhering to social
distancing protocols. They may also have a more difficult time keeping masks on their faces.
These factors could increase the likelihood of children passing COVID to other campers, staff
and their families.
III. Liability Concerns
The City’s pooled self-insurance program, Redwood Empire Municipal Insurance Fund
(REMIF), is slated to determine at its June Board meeting whether COVID-19 related claims
should be excluded from the liability coverage provided to the City and other pool members. If
REMIF determines that it does not have a duty to cover claims associated with COVID-19, and
the City faced litigation, the City would need to independently assess REMIF’s duty to cover
such claims, and may be faced with a choice of litigating a coverage dispute with REMIF or
being solely responsible for defense and settlement costs for all such claims.
In the event that the City Council directs staff to proceed with summer camps, the City would
proactively minimize litigation risk by ensuring that all parents and guardians are aware of risks
and requiring all participants to sign liability waivers assuming the risks of participation.
However, this may not eliminate the burden of dealing with potential claims related to in-person
classes are offered.
Contract Camps, Preschool, and Other Child Care/Supervision Programs
Community Services has a long history of providing other youth-centered programs during the
summer through contract instructors. These programs are held in City facilities and meet the
requirements for operation from the May 22, 2020 amended health order. For example Miss
Betty’s preschool camp, youth tennis camps, and Playwell Teknologies engineering camp.
Many of these camps have already submitted proposals to offer virtual programs. Staff is seeking
direction from Council regarding in-person camps/programs from these outside contract
instructors, assuming that such providers request it. If these programs were offered in-person,
ITEM NO. 6.D.
6
providers would be required to submit protocols demonstrating compliance with applicable
health orders and maintain insurance requirements determined by the City.
FISCAL IMPACT:
Summer Day Camp - The Cost recovery policy using the Community Benefit Methodology
requires day camp to cost recover at a minimum of 80%. This includes a 35% overhead to cover
the cost of full-time staff contribution to the planning and implementation of camp.
a. In order to run camp at Burton, a minimum of 11 kids total would need to enroll
(recovery = 82%).
• The direct cost of operating camp at the minimum number of kids (excluding full-
time staff) is $10,752. The revenue collected would be $11,880.
b. In order to run camp at the Community Center, a minimum of 6 kids would need to enroll
recovery = 84%).
• The direct cost of operating camp at the minimum number of kids (excluding full-
time staff) is $5,741. The revenue collected would be $6,480
c. At maximum enrollment, the camps would cost recovery at over 100% (including the
35% overhead).
The 35% overhead covers “sunk” costs (i.e. – full-time staff). If this were not a consideration, the
camps would cost recover 100% of the direct expenses (supplies and part-time staff) even at the
minimum enrollment. Maximum enrollment results in a net positive contribution to the general
fund. A full analysis of the fiscal impact can be found in Attachment B.
Contract Instructor Led Programs: The cost to the City is unknown and is based on the
number of registrants in each program. Contract instructors are contracted to pay the City
between 20% and 35% of the revenue they collect. Full-time staff involvement in these classes
includes contract execution, registration, advertisement, and payment. If not taking full-time staff
costs into consideration, Contract instructor led programs typically provide a net positive
contribution to the general fund.
As discussed above, without REMIF liability coverage for COVID-19 related claims, the City
would pay 100% of claims out of its general fund. If the City does receive coverage from the
REMIF pool, the City would pay about 50% of defense and claims costs indirectly through
premium increases over a five year period.
STRATEGIC PLAN ALIGNMENT:
Offering summer camp programs with updated health and safety protocols is in line with
Strategic Plan Goal C: Ensure the effective delivery of public services and Goal D-4 Provide
Community Services programs that support the community.
OPTIONS CONSIDERED:
Summer Day Camp
Option 1: Offer in-person summer day camp following the protocols in Attachment A (or
similar). Doing so would accommodate residents seeking in-person day camp and provide
ITEM NO. 6.D.
7
campers with social, emotional, and educational enrichment. However, this option could put staff
and participants at risk of contracting and spreading COVID-19. Staff recommends this option
with the ability to suspend the operation of in-person camp in response to the spread of
COVID-19 if needed. Such camps would also be subject to any applicable health orders
and may be shut down by the State Health Officer or County Health Officer at any time.
Option 2: Do not offer in-person summer camps, but offer only virtual summer camp. This
option would give residents a modified summer camp experience while mitigating any potential
of contracting and spreading COVID-19 due to camp. This option would not provide social
interaction, but would still provide educational enrichment to participants. This option would
mitigate any health and safety risks. The amount of time it takes to develop a virtual camp does
not represent a good use of full-time staff efforts based on the number of people interested in
participating in this format of camp. Staff does not recommend this option.
Option 3: Offer both in-person and virtual camps. This option would give residents a choice in
their preferred camp offering. This option could still put staff and participants in the in-person
camp at risk of contracting and spreading COIVD-19. In addition to the comments regarding
staff time presented in Option Two, offering both camp formats would stretch the ability of staff
to offer each program at the highest standard achievable. Staff does not recommend this
option.
Option 4: Do not offer any type of summer day camp program. This option would not give
residents camp options run by the City of Rohnert Park. This would not provide any social,
emotional or educational enrichment opportunities operated by the City this summer. Staff does
not recommend this option.
Contract Instructor Led Programs
The City will continue to work with contract instructors to provide virtual offerings. In addition,
staff recommends allowing in-person contract instructor-led summer camps with the
ability to suspend in-person camps in response to the spread of COVID-19 if needed. Such
camps would also be subject to any applicable health orders and may be shut down by the
State Health Officer or County Health Officer at any time.
Department Head Approval Date: J. McArthur 5/29/20
Finance Director Approval Date: N/A N/A
City Attorney Approval Date: S. Rudin 6/3/20
City Manager Approval Date: D. Jenkins 6/4/20
Attachment: A.) Summer Day Camp Protocols
B.) Summer Day Camp Budget Summary
ATTACHMENT A
COVID-19 OPERATION GUIDELINES – Day Camp 2020
This document provides the minimum standards for the City of Rohnert Park to operate summer day
camps during summer 2020 in accordance with guidelines set by the County of Sonoma, the State of
California, and the US Centers for Disease Control and Prevention (CDC). The guidelines are in place to
support the safety of camp participants and staff while continuing to provide a high-quality camp
experience. The guidelines are subject to change and may be amended based upon changes to local,
state, or federal health orders.
Guidelines & Roles
These guidelines define how city staff shall be utilized at camp. All employees serving as camp staff shall
be provided with and trained on the Day Camp Handbook 2020 which outlines general staffing
procedures for staff to follow. All camp staff shall receive additional COVID-19 protocol training.
Staffing Ratio & Assigned Camp Units: Camp staff shall be assigned to a camp unit of no more than 10
participants. Staff members will remain with the same group except for temporary briefs or other
short-term relief. If a staff member is unable to work, a replacement staff member will be assigned.
Staff members who have been in contact with other camp units during that week are not eligible to be a
replacement staff member. (More detailed information on Camp Units Below)
Camp Counselor (Staff): An adult (aged 18+) hired by the City of Rohnert Park who has satisfied required
background checks prior to starting employment as a Community Services Leader. All Camp Counselors
are required to attend a pre-camp training.
Camp Director: The lead part-time staff member for a specific camp. They oversee all operations of the
camp. This can be either an hourly staff member that is a job-class of Senior Community Services Leader
or a full-time staff member. This person is not assigned to a camp unit and has limited direct interaction
with participants. They are to follow the same guidelines as a “Floating Staff” (see below).
Floating Staff: Refers to a staff member who floats between groups to assist with supervision, check-
in/check-out procedures, facility cleaning, and setup/take-down activities, etc without groups present.
This person is not assigned to a specific camp unit and must always maintain at least six feet of distance
with all other staff and campers.
Procedures
Personal Protective Equipment (PPE): All staff shall be provided with necessary PPE. This includes a
mask, gloves, and hand sanitizer. Reusable masks that have been provided must be washed each day.
Staff may bring their own mask from home if it is either new or has been washed prior to use each day.
Employee Self-Screening: All employees are required to perform a daily health screening as outlined in
the Employee Self Screening Memo dated April 16, 2020. This includes answering a set of health
questions and reporting to one’s supervisor that they are free from any of the listed symptoms for at
least the preceding 24 hours.
Social Distancing: Community Services has implemented a series of protocols to promote social
distancing. These guidelines are consistent with the health orders of the County of Sonoma for
operation of Child Care (camp) facilities.
ATTACHMENT A
Camper Social Distance: Campers shall be required to maintain at least 6 feet of distance between each
other during periods when they are not in their designated camp unit.
Creation of Camp Units: Prior to each camp session, campers will be assigned to a group that they will
remain with throughout the entire session. Campers will be able to request other camper to be in their
unit. At least one request will be granted whenever possible. Siblings shall be placed in the same unit
unless their difference in age does not allow them to participate together. Under current health orders,
groups will be limited to 10 participants and will be assigned a maximum of two staff persons per
session (week). Staff and participants shall not intermingle between camp units.
Retention of Camp Units: Camp units shall be stable groups and for repeating programs participants
shall be assigned to the same camp unit for each program occurrence, subject to applicable
requirements of the County of Sonoma Health Officer.
Rotation of Camp Units: Each camp unit will need to remain in a separate area/room. Rotation of areas
can only be performed if the area is cleaned, sanitized, and disinfected prior to a new camp unit using it.
Camp unit rotations shall be done in a manner that minimizes interactions between units (example: no
passing in the halls).
Cleanliness Guidelines
Areas that are used for camp activities must be cleaned, sanitized, and disinfected regularly. Staff shall
follow the plan below to address the cleaning of facilities and areas that are used by camp participants
as well as the general public. Staff shall utilize guidance for cleaning of specific items and the use of
appropriate cleaning products from the CDC.
Sanitizing (Cleaning): The removal of germs, dirt, and impurities from surfaces. It does not kill germs,
but by removing them, it lowers their numbers and the risk of spreading infection. Using a soap and
water solution after disinfecting avoids harsh chemical residue being left on surfaces.
Disinfecting: Using chemicals, for example, EPA-registered disinfectants, to kill germs on surfaces. This
process does not necessarily clean dirty surfaces or remove germs, but by killing germs on a surface
after cleaning, it can further lower the risk of spreading infection. Staff will utilize a disinfectant
approved by the EPA for use against COVID-19.
Hand Sanitizer & Hand Washing: Hand sanitizer shall be provided at the camp site for all participants
and staff. It is recommended that participants and staff wash their hands or use hand sanitizer at least
once an hour or more frequently as needed. Camp participants shall be reminded that proper hand
washing requires washing with soap and water for at least 20 seconds.
Facility Cleaning
• Pre-camp staff training will include best practices to disinfect and to sanitize all facility surfaces.
• Restrooms, including faucets, toilets, and urinals must be cleaned and disinfected daily. If the
restroom is used, staff shall spray disinfectant on high-touch surfaces after every use.
• Drinking fountains will not be utilized. Participants will be required to bring their own water
bottle(s). Staff will assist in refilling water bottles at the kitchen area/sink and will ensure no
ATTACHMENT A
contact is created with the water bottle and the water-dispensing unit. Staff will have backup
disposable water bottles for campers who forget their water bottle.
• Countertops must be cleaned and disinfected daily and as needed. Disinfected surfaces must
also be wiped down with sanitizing solution prior to use.
• Floors must be cleaned and disinfected daily and as needed.
• Door and cabinet handles must be cleaned and disinfected daily.
• Mats, chairs, and benches must be cleaned and disinfected daily and between uses.
• Camp cubbies shall be cleaned and sanitized each week or between use by different campers.
Equipment Cleaning
Camp Unit Equipment (Kit): To minimize shared equipment, each camp unit shall be assigned their own
basic sets of equipment for use throughout the week. When possible campers will be given individually
labeled sets of supplies. Items that are not able to be assigned to individual campers, such as playground
balls, cones, cooking supplies etc will be washed after each use. This entire kit shall be cleaned daily and
more often as necessary.
Common equipment that is used by multiple camp units shall be minimized. When equipment is used by
multiple units it shall be cleaned and/or sanitized as appropriate for the piece of equipment and its
intended use.
For items that cannot be practically or safely disinfected (mostly soft and porous materials or food
service items) staff shall clean those items with a soap and water solution.
Camp Unit Rotation Cleaning
Camp units may rotate between different areas within the camp facility. Only one unit may occupy an
area at a time. When transitioning between areas, units must first clean and sanitize the high touch
surfaces in the area they are leaving, such as tables, chairs, door handles and any common equipment.
Eating Area: Tables, countertops, and refrigerators are to be cleaned and sanitized daily. If groups are
eating outdoors staff will be sure that entire area used is cleaned and sanitized as appropriate for
outdoors. Camp units will have their own eating areas.
Camp Site Guidelines
These guidelines define policies and procedures for use of the site.
Camp Facilities:
Camp Burton – Burton Avenue Recreation Center
3 Camp Units ages 5-8 (30 Participants)
Camp Community Center – Rohnert Park Community Center (meeting Room #2)
1 Camp Unit ages 9-11 (10 participants)
Mask or Face Coverings: All participants and staff shall be required to have a mask or face covering with
them at all times. All participants and staff shall be required to wear a mask or face covering any time
they are inside any indoor facility or enclosed open space, and during camper check-in and check-
out. Staff shall be required to wear a mask outdoors when social distancing cannot be
ATTACHMENT A
maintained. Children shall not be subject to a mask requirement when they are sleeping or participating
in outdoor activities, and all requirements for children to wear masks shall be subject to the cognitive
and physical abilities of the child. Napping children shall be required to observe social distancing (nap 6
feet apart) rather than wear masks.
Per the CDC, cloth face coverings should:
• fit snugly but comfortably against the side of the face
• be secured with ties or ear loops
• include multiple layers of fabric
• allow for breathing without restriction
• be able to be laundered and machine dried without damage or change to shape
Camp Check-In/Out Location: Camp check-in shall take place at the following locations
Check-in and Check-Out Time: Check-in will have staggered drop-off times. Check-in time will begin 30
minutes prior to the start of camp (8:30am) and parents will be assigned a drop-off window prior to the
first day of camp. Check-out time will begin 10 minutes before the end of camp (3:50pm) and will be
extended to 15 minutes after the end of camp (4:15). Parents will be given a preferred pick-up window.
Burton Rec Center (Camp Burton) The check-in table shall be placed outside the main entrance in front
of the facility curbside in front of the Burton Avenue Recreation Center sign.
Community Center The check-in table shall be placed outside the door to meeting Room #2
• Check-in area shall have markings in front of the table to illustrate 6 feet of separation between
family units during drop-off.
• The check-in table shall be equipped with a sneeze guard for the staff person checking in
participants.
• The staff person responsible for check-in shall not be assigned to a camp unit unless the camp
unit is the only camp unit on site. The staff person must wear a mask at all times during check-in
and wear disposable gloves.
Camp Check-in Procedure (staff and participants):
Prior to arriving to the camp site: Staff, participants, and parents must perform a self-conducted health
screening by taking their temperature and ensuring that they do not have a fever of 100.4°F or higher.
They must also ensure that they do not have symptoms that the CDC has indicated are symptoms of
COVID-19.
Upon arrival: Camp staff and participants must receive a health screening, which includes taking their
temperature with a no touch thermometer. Staff and participants must not have a temperature of
100.4°F or higher and must be asked to confirm that they do not have any of the symptoms that the CDC
has indicated are symptoms of COVID-19. All participants and accompanying adults are required to
wear a mask throughout the check-in process.
Currently recognized symptoms of COVID-19 are the following:
• Cough
ATTACHMENT A
• Shortness of breath or difficulty breathing
• Fever
• Chills
• Muscle pain
• Sore throat
• New loss of taste or smell
If a participant has a temperature of 100.4°F or higher there will be an allowable grace period (up to
fifteen minutes) where the camper can wait with their parent/guardian in a vehicle or at a reasonable
distance away from the facility. This guideline recognizes that temperatures can rise quickly if the
camper was running to the facility excited, wearing a hat, or drinking a hot drink. If after the second test,
they still test 100°F or higher, the camper will need to leave the area immediately for the remainder of
the day. Staff must also disinfect all surfaces and areas that the dismissed camper may have touched. If
the camper has a temperature of 100°F or higher, a new pair of gloves is required and the non-contact
thermometer should be disinfected and sanitized before additional participants are checked.
Once the health screening is complete the staff person shall sign in the child (parent does not need to
sign anything) and direct the child to their camp unit. Non-participants are not permitted in the camp
facility.
Camp Check out Procedure
Check-out Time: The standard check-out period begins 30 minutes prior to the end of the camp day. At
this time a check-out table will be setup under the same guidelines as check-in. If a parent expects to
check their child out earlier, they should notify staff at check-in and arrangements will be made.
Checking out: When parent/guardians want to check out their child, they will remain six feet apart and
will approach the staff person at the check-out table. Staff will check the ID of the parent/guardian
picking up the child. Then either verbally or by radio the staff will summon the child to the check-out
area to leave with their parent/guardian. Once the child leaves, staff will complete the sign-out sheet for
the child. Parents waiting for their child will be directed to an outdoor waiting area maintaining at least
6 feet from other family units.
Camper Belongings & Lunch: Campers will be asked to bring only a single backpack or bag to camp
containing everything they need for the day. These items should include at a minimum:
1. Lunch
2. Snack
3. Water Bottle
4. Cloth face covering or mask
Campers shall have a single cubby or clearly designated area to keep their belongings. These areas shall
be cleaned and disinfected at the end of each week.
Sharing of Belongings: Campers are not permitted to share any of their belongings, including food, with
other campers outside of their household.
ATTACHMENT A
Sunscreen: Due to the amount of time campers likely will spend outdoors it is recommended that
campers come to camp with sunscreen applied. It is also recommended for campers who are able to
apply sunscreen themselves to bring sunscreen with them. Staff will not apply sunscreen to campers.
For participants that need assistance will sunscreen application, spray on sunscreen should be used.
Restrooms: Restroom usage shall be closely monitored by staff. No more than one camp unit may use
restrooms at one time. Markings shall be on the floor to establish a line for utilizing bathrooms. Touched
surfaces shall be disinfected after each use (see above “Facility Cleaning”).
Camper or Staff Illness
Suspected Illness at Camp: If a camper or staff experiences symptoms of illness the camp director must
be notified immediately. The camp director shall take action to remove the participant or staff from the
group to a designated resting area for further assessment.
Child Sent Home: If a child is suspected of being ill the camp director shall call their parent/guardian and
they will need to come and pick up their child as soon as possible.
Returning to camp: Participants or staff who experience symptoms of COVID-19 shall not return to
camp for 14 days from the onset of symptoms or until they have received a negative COVID-19 test
result or have been advised by a medical professional that they may return to such activities.
Camp Burton Camp Community Center OVERALL PROGRAM
Number of Weeks June (6/8 start)3 3
Number of Weeks July Aug 5 5
Total Weeks 8 8
Staffing Ratio Maximum 10:1 10:1
Maximum Participation 30 10
Minimum Participation 11 6
Cost Per Week 135.00$ 135.00$
Maximums
Maximum Revenue 32,400.00$ 10,800.00$ 43,200.00$
Labor Maximum 18,147.25$ 4,841.60$ 22,988.85$
Supplies Maximum 3,500.00$ 1,200.00$ 4,700.00$
Maximum Expense 21,647.25$ 6,041.60$ 27,688.85$
True Net Revenue 10,752.75$ 4,758.40$ 15,511.15$
Overhead (35%)7,576.54$ 2,114.56$ 9,691.10$
Cost Recovery 111%132%116%
Minimums
Minimum Revenue 11,880.00$ 6,480.00$ 18,360.00$
Labor Minimum 8,985.65$ 4,841.60$ 13,827.25$
Supplies Minimum 1,750.00$ 900.00$ 2,650.00$
Minimum Expense 10,735.65$ 5,741.60$ 16,477.25$
True Net Revenue 1,144.35$ 738.40$ 1,882.75$
Overhead (35%)3,757.48$ 2,009.56$ 5,767.04$
Cost Recovery 82%84%83%
SUMMER CAMPS SUMMARY 2020
ATTACHMENT B
ITEM NO. 6.E.
1
Meeting Date: June 9th, 2020
Department: City Attorney
Submitted By: Michelle Marchetta Kenyon, City Attorney
Agenda Title: Report from City Attorney Regarding Districting Proposal Submitted by
FAIR-RP
RECOMMENDED ACTION:
It is recommended that the City Council receive report from City Attorney regarding districting
proposal submitted by FAIR-RP.
BACKGROUND:
On October 11, 2019, the City of Rohnert Park received a letter from a potential Plaintiff’s attorney
alleging that the City’s at-large election system violated the California Voting Rights Act
(“CVRA”). Although the City disputed the allegations, the City Council adopted Resolution 2019-
140 which declared the City’s intent to initiate procedures to transition from at-large elections to by-
district elections.
The City held seven public hearings on November 12, 2019, November 26, 2019, December 10,
2019, January 14, 2020, January 28, 2020, February 11, 2020 and February 25, 2020. On February
11, 2020 the Council introduced Ordinance 944 (“Ordinance”), which added Chapter 2.66 “District
Elections” to provide for the election of members of the City Council by five districts, establish
district boundaries as identified in map 112 and specified an election order of Districts 1, 3 and 4 to
be elected in November 2020 and Districts 2 and 5 to be elected in November 2022. The Ordinance
was formally adopted on February 25, 2020 and took effect on March 26, 2020.
At the City Council meeting on May 19, 2020, Councilmember Belforte and Vice Mayor
Mackenzie requested an agenda item to discuss a proposal submitted by a group entitled Fair and
Inclusive Representation in Rohnert Park “FAIR-RP” relating to districting (“Proposal”). (See
Attachment 1).
DISCUSSION:
After a thorough review and analysis, the City Attorney’s office summarizes below both the
Proposal as well as our analysis of the legal and logistical challenges presented by the Proposal.
Proposal
The Proposal recommends that the City take the following actions:
1) Replacement of Ordinance 944: Enact a new ordinance replacing Ordinance 944 while
still retaining map 112 as the adopted district map.
2) Establishment of Seven Council Seats: For the period between 2020 and 2022 elections,
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.E.
2
the new ordinance would temporarily establish seven Council seats as follows:
a. Five by district seats (Districts 1 to 5) would be for the newly formed districts, as
detailed in map 112; and
b. Two at-large seats for incumbent Councilmembers whose terms do not expire
until 2022 who would serve until 2022.
3) 2020 Election of Five By District Council Seats: In 2020, Districts 1 through 5 would
elect Councilmembers as follows:
a. Districts 1 and 5 would elect Councilmembers to two-year terms; and
b. Districts 2, 3 and 4 would elect Councilmembers to four-year terms.
4) Dissolution of Two At-Large Council Seats: In 2022, the two at-large Council seats
would be dissolved concurrently with the at-large members’ end of terms and Districts 1
and 5 would elect Councilmembers to four-year terms. At this time the City would
return to a five member council elected by districts.
Analysis
Establishment of Seven Council Seats with Two At-Large Seats
Although the Proposal calls for retaining Map 112, the Proposal also seeks to add two new at-large
council seats. The addition of two “at-large” seats creates a concern as the City would be creating a
hybrid approach of mixing at-large with by district methods of election. This hybrid method of
electing members of a governing body by combining at-large elections with district-based elections
is considered “at-large” for purposes of the CVRA.1 As a result, the City could be susceptible to
another CVRA challenge with this hybrid approach.
Moreover, any ordinance transitioning to a by district election system which increases council seats
would require compliance with the CVRA and other legal requirements such as hearings, preparation
of a new map and the establishment of districts which would have to be substantially equal in
population.2 Additionally, findings would have to be made that any such change is in furtherance of
the CVRA. Making such findings to substantiate two additional at-large council seats could prove
challenging given that the City just found that establishment of five districts with five
councilmembers for each district was necessary to further the purposes of the CVRA.
Establishment of Two-Year Terms
The Proposal seeks to have Districts 1 and 5 serve only two-year terms during the 2020-2022
transition period. Establishing only two-year terms for two councilmembers, would conflict with
State law which generally requires four-year terms for councilmembers, unless otherwise allowed by
statute. State law provides that after a general law city is incorporated, terms of office shall be
staggered and each councilmember shall hold office for four years from the Tuesday succeeding
their election, until their successors are elected and qualified.3 This four-year term for
councilmembers is maintained even if a city transitions to by district or from district elections
through an election process.4 While there is statutory authority to allow a two-year term for the first
election cycle after incorporation or special reorganization to establish staggered elections, this
process would not apply to the City’s establishment of districts.
1 Elections Code §§ 14026(a)(3); 14027.
2 [Government Code §34886; Elections Code § 21601(a)].
3 Government Code § 57377.
4 Government Code § 34879.
ITEM NO. 6.E.
3
Timing Constraints
Finally, the City is very limited in terms of what action can be taken due to deadlines relating to the
November, 2020 election. Any boundary changes to districts and election sequencing must occur
and be effective by July 1, 2020.5 This would mean that any ordinance establishing new boundaries
or changing the sequencing would need to be adopted and effective prior to July 1, 2020. Any
direction from Council should consider these time constraints as the Council may be precluded from
certain options due to the impending election deadlines.
FISCAL IMPACT/FUNDING SOURCE:
As a result of the City transitioning to by district elections within the Safe Harbor provisions of
Elections Code section 10010, the City’s liability to a potential Plaintiff’s attorney was capped at
$30,000. In addition to the costs paid to a potential Plaintiff’s attorney, the City paid NCE for
demographic services and staff time to transition to by district elections. While there is no
significant fiscal impact relating to this discussion item, there may be further costs incurred by the
City, depending upon future City Council direction to staff.
City Attorney Approval Date: 06/03/2020
Finance Manager Approval Date: N/A
City Manager Approval Date: 06/03/2020
Attachments (list in packet assembly order):
1. Fair RP Proposal dated April 10, 2020
5 Elections Code §§ 12262; 10502, 10504, 10509, 10522.
________________________________
From: Chris Borr <chrisborr@sbcglobal.net>
Sent: Friday, April 10, 2020 11:49 AM
To: Callinan, Joseph
Subject: District Elections Alternate Approach for RP
EXTERNAL EMAIL
Joe -
I appreciated our conversation this morning as we discussed the District Elections issue and how
it has created strong and polarizing feelings in Rohnert Park. We both acknowledged that this has
become an unintended consequence of RP having to move away from at-large city council
elections and implement district-based elections, starting this year.
In our call today, I outlined an alternate approach that could remove much of the divisiveness
around district elections, expedite Latino representation, and allow all interested parties the
freedom to run for election in 2020. The alternative approach would establish a transition period
between 2020 and 2022 by replacing Ordinance 944 with a New Ordinance.
The New Ordinance could establish the following:
1. Map 112 would remain as the District Map.
2. For the transition period between 2020 and 2022 elections, the new ordinance would
temporarily establish 7 city council seats:
a. 2 seats would be for incumbent council members whose terms do not expire until the 2022
elections and would be considered at-large council members until then
b. 5 seats would be for the newly formed 5 Districts, with one seat each representing the
District in which the elected official lives
3. For the 2020 election, all 5 Districts would elect 1 council member to represent them. Two
Districts would elect their council members to one 2-year term and three Districts would elect
their council members to one 4-year term. The proposed grouping of 2-year and 4-year terms by
District is:
a. District 1 & 5 elect council members for 2-year terms in 2020
i. Hispanics of voting age represent 27% and 18% of these districts’ populations,
respectively, and are the two highest percentages of the 5 districts
b. District 2,3, and 4 elect council members for 4-year terms in 2020 and every 4-years
thereafter
i. Hispanics of voting age represent 17%, 13% and 13%, respectively, across these
districts’ populations
4. In 2022, the transition period ends. The 2 at-large council positions disappear and Rohnert
Park returns to a 5-seat city council.
a. Districts 1 & 4 would elect (or re-elect) their council members to 4-year terms in the 2022
election, and every 4-years thereafter.
I think this alternate approach has merits on many levels:
* It uses the map already adopted by the City Council
* It allows all districts to elect their first district council member in 2020, thereby affording
representation to the Latino community
* it does not prevent anyone from running for election in 2020
* It preserves the two incumbents in office until their term expires in 2022 as at-large council
members
* It provides a period for Rohnert Park to transition to district-based elections and reduce /
eliminate the current polarizing feelings
You mentioned you would review this alternate approach with Darrin Jenkins, the City Manager,
and ask him to review it with the other council members in order to see if 2 of them would
support this appearing on a future agenda. I sincerely appreciate your willingness to take that
step, Joe. I may also point out that, as Mayor, it is within your discretion to agendize this item on
your own.
Thanks for taking the time to connect with me today, Joe. I have no doubt you have Rohnert
Park's best interests at heart and that you will give this approach due consideration in the most
appropriate way.
Best regards,
Chris Borr
975 Elizabeth Avenue, Rohnert Park
Parks & Recreation Commissioner for 12 years