2020/09/22 City Council Agenda Packet
"We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow."
FOUNDATION BOARD SPECIAL MEETING AND ROHNERT PARK CITY COUNCIL,
ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT COMMISSION
JOINT REGULAR MEETING
Tuesday, September 22, 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
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING AND
FOUNDATION BOARD SPECIAL MEETING - CALL TO ORDER/ROLL CALL
(Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____)
2.PRESENTATIONS
2.A Mayor's Recognition: Recognizing the City of Rohnert Park Information Technology
Department for their service to the City during the COVID-19 pandemic
Item 2.A.
2.B Mayor's Proclamation: Proclaiming October 2020 as Domestic Violence Awareness
Month
Item 2.B.
3.DEPARTMENT HEAD BRIEFINGS
4.PUBLIC COMMENTS
Persons wishing to address the Council on City business not listed on the Agenda may do so at this
time. Please refer to 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- Cash Report for Month Ending July 31, 2020
5.A.2. Successor Agency - Cash Report for Month Ending July 31, 2020
5.A.3. Housing Successor Agency- Cash Report for Month Ending July 31, 2020
the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else
raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City
of Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
within which the decision may be challenged to the 90th day following the date that the decision
becomes final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section
54952.3): Members of the City Council receive no additional compensation as a result of convening this
joint meeting of the City Council and the Rohnert Park Financing Authority.
5.A.4. RPFA- Cash Report for Month Ending July 31, 2020
5.A.5. City Bills/Demands for Payment dated September 1 through September 16, 2020
5.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting,
November 26, 2019
Item 5.B.
5.C Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting,
September 8, 2020
Item 5.C.
5.D Authorize the City Manager to Execute Amendment 2 to Task Order 2017-01 with LCA
Architects, Inc. for Additional Design Services for the New Fire Station #3 Project (CIP
Project 04-13) for an additional amount not to exceed of $25,431, and a total Task Order
Amount of $715,701
Item 5.D.
5.E Adopt Resolution 2020-088 Approving a Public Improvement and Public Facilities Fee
and Water Capacity Charge Credit Agreement with Keiser 42 LLC, a California Limited
Liability Company for a Portion of Keiser Avenue (CEQA Status: Consistent with the
Updated Final EIR Adopted on April 8, 2014)
Item 5.E.
5.F Adopt Resolution 2020-089 Accepting Labath Avenue, Carlson Avenue, Dowdell Avenue
and Redwood Drive Improvements and Directing Related Actions
Item 5.F.
5.G Adopt Resolution 2020-090 Authorizing an Agreement with Wildlife Heritage
Foundation to Fund Initial and On-Going Costs to Support Wilfred Avenue California
Tiger Salamander Maintenance Management Plan and Authorizing the City Manager to
Increase Appropriations in the FY 2020/21 Budget by $520,078 for the Project and
Related Actions
Item 5.G.
5.H Adopt Resolution 2020-091 Accepting the State of California Office of Traffic Safety
(OTS) Selective Traffic Enforcement Program Grant and Amending the FY 2020-21
Operating and Revenue Budget
Item 5.H.
6.FOUNDATION BOARD CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s) of the
Board Members of the City of Rohnert Park Foundation unless any Board Member or anyone else
interested in a consent calendar item has a question about the item.
Board Motion/Roll Call Vote:
(Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____)
6.A Approval of Minutes of Board Special Meeting held on January 14, 2020
Item 6.A.
6.B Approval of Minutes of Board Special Meeting held on February 11, 2020
Item 6.B.
6.C Acceptance of 2020 Financial Report
Item 6.C.
7.REGULAR ITEMS
7.A Authorize Staff to Waive Minor Temporary Use Permit (TUP), and Minor Encroachment
Permit Fees and Building and Fire Inspection Fees Associated with Minor TUPs for
Outdoor Business Service Expansions as a Response to COVID-19, Refund Fees
Collected to Date and Appoint an Ad-Hoc Subcommittee to Assist Staff as Necessary
A. Staff Report
B. Public Comment
C. Council discussion/direction
Item 7.A.
7.B Council Discussion Regarding Sunrise Park Improvements
A. Verbal Staff Report
B. Public Comments
C. Council discussion/direction
7.C City of Rohnert Park’s Response to Novel Coronavirus (COVID-19)
A. Verbal Staff Report
B. Public Comments
C. Council discussion/direction
8.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.
8.A Standing Committee Reports:
8.B Liaison Reports:
1. Chamber of Commerce Board of Directors Meeting (9/15)
8.C Outside Agency Appointments:
1. Sonoma County Transportation Authority/Regional Climate Protection Authority
(SCTA/RCPA) Board of Directors Meeting (9/14)
2. Zero Waste Sonoma Board of Directors Meeting (9/16)
8.D Other Reports:
1. 2020 Fall Economic Forecast with Dr. Chris Thornberg, September 16, 2020
(Councilmember Adams)
9.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.
10.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.
11.PUBLIC COMMENTS
Persons wishing to address the Council on City business not listed on the Agenda may do so at this
time. Please refer to Page 1 for details on how to submit public comments.
12.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, please
refer to page 1 for more details on submitting a public comment. 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 MAYOR OF THE CITY OF ROHNERT PARK
Recognizing
T HE C ITY OF R OHNERT P ARK’S I NFORMATION T ECHNOLOGY D EPARTMENT
Whereas, the City of Rohnert Park’s Information Technology Department has provided superb
service to City employees since the beginning of the COVID-19 pandemic, including transitioning
forty staff members from working in the office to working at home during the first week of the
Shelter in Place Order; and
Whereas, the Information Technology Department transitioned an additional forty staff members
to remote work in the following three weeks; and
Whereas, the Information Technology Department responded to double the amount of help desk
requests as staff use technology more than ever, and demonstrated the City values of
communication and collaboration by personally contacting every remote staff person to enhance
their work at home experience; and
Whereas, the Information Technology Department demonstrated the City value of innovation by
supporting additional technologies such as Apple computers and the use of a virtual platform for
City Council meetings; and
Whereas, the Information Technology Department accomplished this transition while supporting
on-site operations, responding to two major weekend outages of servers at Public Safety,
supporting a major remodel of the Public Safety Main Station requiring the re-installation of all
computers and printers, and receiving the highest possible rating on 90% of service calls – all while
short one full time position.
Now, Therefore, be it Proclaimed that I, Joseph T. Callinan, as Mayor and on behalf of the
City Council, do hereby present this Proclamation of Recognition to the City of Rohnert Park
Information Technology Department staff of David Rowley, Michael Son, Sean Viduya, and Rudy
Reischenbock.
Duly and Regularly Proclaimed this 22nd Day of September 2020.
CITY OF ROHNERT PARK
Joseph T. Callinan, MAYOR
Item 2.A.
PPP rrr ooo ccc lll aaa mmm aaa ttt iii ooo nnn
A PROCLAMATION OF THE MAYOR OF THE CITY OF ROHNERT PARK
Recognizing
O CTOBER 2020 AS D OMESTIC V IOLENCE A WARENESS M ONTH
Whereas, The City of Rohnert Park recognizes that domestic violence affects one in four
families in our local community and that the crime of domestic violence violates an individual's
privacy, dignity, and security, based on the systematic use of emotional, physical, sexual,
psychological, and economic control or abuse; and
Whereas, the YWCA Sonoma County is a community-based, not for profit organization
affiliated with the YWCA USA. YWCA Sonoma County embodies its mission to empower,
educate, and advocate for domestic violence survivors and their children who find they are
unsafe in their own homes; and
Whereas, domestic violence is a serious crime that affects people of all races, sexes, ages,
sexual orientations, and income levels. Stopping the cycle of assault in the home requires a
coordinated effort between the criminal justice system and the agencies that provide services
to victims; and
Whereas, Domestic Violence Awareness Month provides an important opportunity to learn
more about domestic violence and to demonstrate support for the numerous organizations and
individuals who provide advocacy efforts, services and assistances to victims.
Now, T herefore, be it Proclaimed that I, Joseph T. Callinan, as Mayor and on behalf
of the City Council, do hereby proclaim October 2020 as Domestic Violence Awareness Month in
Rohnert Park.
Duly and Regularly Proclaimed this 22nd Day of September 2020.
CITY OF ROHNERT PARK
Joseph T. Callinan, MAYOR
Item 2.B.
Item 5.A.1.
Item 5.A.2.
Item 5.A.3.
Item 5.A.4.
CITY BILLS/DEMANDS FOR PAYMENT
September 22,2020
Check Number: 264267 -264491
Dated: September 1,2020 - September 16,2020
TOTAL
$2,024,335.03
$2,024,335.03
Item 5.A.5.
Accounts PayableChecks for ApprovalCheck Number Check Date264267 09103/202026426809t03t202026426909/03t202026427009t03120202642710910312020264272091031202026427309/03/202026427409/0312020jstuard9/1612020 - 12:57 PM09103/202009t03120200910312020Account NameClinic expens NOT Sp&NtrElgbleRec Refund ClearingClinic expens NOT Sp&NtrElgbleRepair & Maint Equip - ParksRec Refund ClearingMeetings & Travel - PolicePostage&Shipping-DSJanitorial Supplies - PWSpec Dept Exp - ASSpec Dept Exp - ASSales Tax PayableVendor NameButler Animal Health HoldingCheck TotalCrystal ColbumCheck TotalComplete Welders SupplyCheck TotalD. WALTON SAW TNC.CheckMelissa DeForestCheck Total:Catherine DeRosaCheckFedExCheckFishman Supply CompanyCheck Tota.l:Frizelle-Enos CompanyFrizelle-Enos CompanyFrizelle-Enos CompanyCheck TFrozen Fresh Foods, Inc.User:Printed:264275264275264275Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund126427609t0312020General FundSpec Dept Exp - PWAmount28.4328.4330.0030.0038.7538.75276.00276.0030.0030.0023.9223.92124.51t24.5117.3717.37176.582.89-2.89176.5874.88
Check Number Check Date Fund NameAccount NameSmTools&Equip-FleetVehicles- FleetRepair & Maint Equip - SWRSpec Dept Exp -SewerRepairs & Maint Routine-ASBldgSpec Dept Exp - ASSpec Dept Exp -SewerRepairs & Maint Routine-AquatiRepairs & Maint Routine-PSMainRepairs & Maint Routine-PSMainShelter Food - ASShelter Food - ASShelter Food - ASSpec Dept Exp - ParksSpec Dept Exp - ParksCommunity Outreach Exp - ASCommunity Outreach Exp - ASContract Svcs - ASPrinting Services - FinancePostage&Shipping-FINSystemRepair - SewerSmTools&Equip-WTRUniform Purchases - FireUniform Purchases - PoliceUniform Purchases - FireVendor NameAmount26427726427726427726427726427726427726427726427726427726427726427826427826427826427926428009103/202009/03t202009103t202009t03t202009/03/202009/03t202009/03t202009/031202009103/202009/03/2020Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.09t03t202009103t202009t03/202009t031202009103t202009t03/20200910312020091031202009t03t2020091031202009/03t202009103/202009/03/202009t03t20200910312020ISF - FleetISF - FleetSewer Utility FundSewer Utility FundGeneral FundGeneral FundSewer Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundSewer Utility FundWater Utility FundGeneral FundGeneral FundGeneral FundCheck Total74.88I15.82-124.86643.807.307.386.5889.8035.12319.73I1.03Check Total:Hill's Pet Nutrition Sales IncHitl's Pet Nutrition Sales IncHill's Pet Nutrition Sales IncCheck Total:Horizon Distributors Inc.Check TotalJohn Deere FinancialCheck Total:Koefran IndustriesKoefran IndustriesKoefran IndustriesCheck TotalMoonlight BPO LLCMoonlight BPO LLCCheck Total:Motion Industries,Inc,Motion Industries,Inc,Check Total:Werle Enterprise,LlC National Print and PromoWerle Enterprise,LlC National Print and PromoWerle Enterprise,LlC National Print and Promor,1 I 1.70298.52140.64145.16264281264281264281584.32r 5.5915.59241.41241.41375.00230.00400.00264282264282264283264283264284264284264284r,005.0043.99145.'75r89.7466.1437.742103.8826.1426.1428.89
Check Number Check Date Fund NameAccount NameSpec Dept Exp - ASSpec Dept Exp - StreetsContract Svcs - PS MainRepair & Maint Equip - ParksTraining & Travel - PoliceSpec Dept Exp - StreetsPool Chemicals - AquaticsPool Chemicals - AquaticsPool Chemicals - AquaticsSpec Dept Exp - EOCVendor NameCheck Total:Nick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCCheck Total:Check Total:Redwood Lock Inc.Redwood Lock Inc.Check Total:Rentokil North Americqlnc.Check Total:Rincon Valley Yard and Garden Inc.Check Total:Santa Rosa Junior CollegeCheck Total:Sherwin WilliamsCheck Total:SIERRA CHEMICAL COSIERRA CHEMICAL COSIERRA CHEMICAL COCheck Total:Sierra Ofüce Supply and PrintingCheck TotalSiteone Landscape SupplyAmount26428526428526428526428526428s26428526428526428526428509t03t2020Water Utility FundGas&Oil-PoliceSpec Dept Exp - FleetGas&Oil-FireGas&Oil-PoliceGas&Oil-PoliceGas&Oil-PoliceGas&Oil-FireUnleaded Fuel InventoryDiesel Fuel InventoryDistributionSystemRepair-Water Pace Supply09t03t202009t03t202009t03t202009t03t202009t0312020091031202009t03t202009t03t202009t031202009/031202009/0312020091031202009/03120200910312020091031202009t03t202009t03/202009t03/202009t0312020General FundISF - FleetGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund81.17349.211,077 .48t32.6s405.09586.43606.'7',|228.39778.39319.422642862642872642872642882642892642902642912642922642922642922642934,483.83212.55212.557.0774.39General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund60.0044.8444.844,279.004,279.0013 r.968l .4660.003,133.3084.8313t.962,114.062t0.s6808.6884.83119.0526429409t0312020General FundSpec Dept Exp - Parks3
Check Number264294Check Date09/03t2020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund26429526429626429726429726429726429826430026430126430226430226430209/03/202009t03/202009t03/202009103/202009/03/202009/03t202009t03/202009t03t202009t03t202009t03t202009/03/20200910312020091031202009t03t202009t03t202009t03/202009t03t202009t03t2020091031202009/03t20200910312020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalTri-SignalIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration IncIntegration Inc09/0312020 Water Utility FundSpec Dept Exp - ParksTree Removal In-Lieu Fee DepTree In Lieu Revenue - ParksDistributionSystemRepair-Water David TitusAccount NameEquipment under 5K - ParksSpec Dept Exp - StreetsTraining & Travel - PoliceContract Svcs - PS MainContract Svcs - CHContract Svcs - PWContract Svcs - PACContract Svcs - SpCContract Svcs - StFrmContract Srvs - CHAContract Svcs - RPCCContract Svcs - ASContract Svcs - AquaticsContract Svcs - Gold RidgeSpec Dept Exp-Meas M ParksClinic expens NOT Sp&NtrElgbleSpec Dept Exp - ParksSpec Dept Exp-Meas M Pa¡ksSpec Dept Exp-Meas M ParksVendor NameSiteOne Landscape SupplyCheck Total:Six Robblees' Inc.Check Total:SSDTTFCheck Total:Sweet Lane Nursery and Vineyards, Inc.Sweet Lane Nursery and Vineyards, Inc.Sweet Lane Nursery and Vineyards, Inc.Check Total:Check Total:Amount485.98ó05.03119.48119.487 14.00714.002,040.512,040.s1-2,040.512,040.51656.001,650.001,784.031,784.0346.6546.65214.'78220.22128.87264299264299264299264299264299264299264299264299264299264299264299656.00r 50.00150.00150.00150.00150.00r 50.00r 50.00r50.00150.00r 50.00r 50.00Measure M ParksGeneral FundGeneral FundMeasure M ParksMeasure M ParksCheck TotalUnited Forest Products, Inc.Check Total:VCA Animal Care Center of Sonoma CountyCheck Total:Wheeler ZamaroniWheeler ZamaroniWheeler Zamaroni4Check Total:563.87
Check Number264303Check Date09t0312020Fund NameWater Utility FundAccount NameSpec Dept Exp - WaterVendor NameWyatt Inigation Co.AT&TAT&TAT&TAT&TCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasCintasAmount79.8179.8189.5089.505,802.385,802.3 81,289.441,289.44776.s0776.50249.448.5822.1622.1622.1628.69488.0531.61540.8926.468.5822.1622.1622.16472.8828.69540.8931.612,589.3356,915.3 856,91 5.3 8I,700.481,700.48320. r 126430426430526430626430726430826430826430826430826430826430826430826430826430826430826430826430826430826430826430826430826430826430826430926431009t03t2020General FundTelephone & Interne-Aquatics09/0312020ISF - Information Technology Telephone & Internet - IT09t0312020ISF - Information Technology Telephone & Intemet - IT0910312020ISF - Information Technology Telephone & Intemet - ITCheck Total:Check Total:Check Total:Check Total:Check Total:091031202009t031202009t03t202009t03t202009/03t202009103/20200910312020091031202009103/202009t03/202009ta3D02009t03/202009t031202009t03/202009t031202009t03t202009t03t202009/03/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundSpec Dept Exp - EOCRepairs & Maint Routine-PSMainSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCRepairs & Maint Routine-PSMainSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOCSpec Dept Exp - EOC0910312020 Recycled Water Utility Fund Purchase of RW09t03t2020General FundEquipment under 5K - FINClinic expens NOT Sp&NtrElgbleCheck Total:City of Santa RosaCheck Total:DELL MARKETING LPCheck Total:IDEXX Distribution Inc.526431109/03/2020General Fund
Check Number Check Date Fund Name26431209/03t2020General FundAccount NameOffice Supplies - CMPrinting - WaterPrinting ServicesPostage & Shipping - WaterPostage & Shipping - SewerVehicles - FirePR-97 M & H B-Ball Ct ResurfacRetention Payable - CIPTelephone & Internet - RPCCTelephone & Intemet- PACTelephone&Intemet-PWTelephone & Internet - RPCCTelephone&Intemet-PWTelephone & Internet - PWTelephone & lnternet - PWTelephone & Internet - FleetVendor NameCheck Total:JAY'S ENGRAVING & RUBBERCheck TotalMoonlight BPO LLCMoonlight BPO LLCMoonlight BPO LLCMoonlight BPO LLCCheck TotalStommel IncCheck Total:Vintage Contractors, IncVintage Contractors, IncCheck Total:AT&TCheck Total:AT&TCheck Total:AT&TCheck Total:AT&TCheck Total:AT&TCheck Total:AT&TCheck TotalAT&T2643132643t32643132643132643142643r52643152643r626431726431826431926432026432126432209/03/202009103/202009/03/202009103/202009/03t202009t03/202009t03/2020091041202009/04/202009/04t202009t04t202009/04/202009t04t202009/04/2020Water Utility FundSewer Utility FundWater Utility FundSewer Utility FundGeneral FundCapital Projects FundCapital Projects FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundAmount320.1 I52.3752.37594.79594.:791,857.571,857.574,904.722,776.962,776.961s7,970.00-7,898.50l s0,07r .s042.2842.28174.84174.8440.6240.6263.6663.6620.8120.3141.4441.4422.0622.0642.48626432309104t2020ISF - FleetAT&TCheck Total
Check Number Check Date Fund Name26432409t0412020General Fund26432509/04t2020Sewer Utility Fund26432609t04/2020General Fund26432709/0412020warer Utility Fund2643280910412020General Fund26432909/0412020General Fund26433009/04t2020General Fund26433109t04/2020General Fund26433209/04/2020General FundAccount NameTelephone & Inteme-AquaticsTelephone & Intemet- SewerTelephone & Interne- PS MainTelephone & Intemet - WaterTelephone & Interne- PS MainTelephone & Intem - PS Bldg-NTelephone&Intemet-CHTelephone & Internet - PWTelephone & Internet - RPCCDeveloper Refundable Deposits2297 Revenue - DS2297 Expenses - DSContract Svcs - DSDeveloper Refundable Deposits2297 Revenue - DS2297 Expenses - DSDeveloper Refu ndable Deposits2297 Revenue - DS2297 Expenses - DSDeveloper Refundable Deposits2297 Revenue - DSVendor NameCheck Total:AT&TCheck TotalAT&TCheck TotalAT&TCheck TotalAT&TCheck TotalComcastCheck TotalComcastCheck TotalComcastCheckComcastCheck TotalComcastCheck TotalCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, Inc26433326433326433326433326433326433326433326433326433326433326433326433309104/202009/04/202009/04t202009/041202009/04t202009t041202009t04t202009/04t202009/04t202009/041202009t041202009t04/2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund7Amount42.4842.4242.4222.0622.0669.5369.s344.4444.443.883.8815t.92151.9269.5269.523 1.503 1.50t49.96149.96382.50-382.50382.503,612.5042.50-42.5042.5042.50-42.5042.50552.50-552.50
Check Number264333264333264333264333264333264333264333264333264333264333264333264333264333264333264333264333Check Date09/04/2020091041202009104/202009t04/202009/04/2020091041202009t04/202009t04t2020091041202009104t202009t04t202009/041202009t04t202009t04t202009/04t202009/04t2020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundVendor NameCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyISF - Information TechnologyAccount Name2297 Expenses - DSDeveloper Refundable Deposits2297 Revenue - DS2297 Expenses - DSContract Svcs - DSDeveloper Refundable Deposits2297 Revenue - DS2297 Expenses - DSContract Svcs - DSContract Svcs - DSDeveloper Refu ndable Deposits2297 Revenue - DS2297 Expenses - DSDeveloper Refu ndable Deposits2297 Revenue - DS2297 Expenses - DSEquip Lease - ITEquip Lease - ITEquip Lease - ITEquip Lease - ITEquip Lease - ITEquip Lease - ITEquip Lease - ITEquip Lease - ITCheck Total:Dell Financial ServicesDell Financial ServicesDell Financial ServicesDell Financial ServicesDell Financial ServicesDell Financial ServicesDell Financial ServicesDell Financial ServicesCheck Total:FedExCheck Total:Green Valley Consulting EngineersCheck Total:KBA Docusys Inc.Check Total:Theodore GiesigeCheck Total:Michael HarrowAmount552.5042.50-42.5042.50300.00127.50-t27.s0127.50297.s042.50170.00- 170.00170.00807.50-807.50807.5026433426433426433426433426433426433426433426433409t04t202009t04/2020091041202009t04t202009t04t202009/04/2020091041202009t04/20206,420.0017.5046.7315.'1519.1426.7814.33110.7414.3 826433526433626433726433809t04/2020General FundPostage&Shipping-DS09/04/2020Capital Projects FundOF-63 Pathway Repaving0910412020General FundEquip Lease - CH09t09/2020General FundMgmt Med Reimb- Retiree MedMgmt Med Reimb- Retiree Med265.3526.4426.446,440.006,440.0066.9166.91700.40700.408'70.07I26433909t09t2020General Fund
Check Number Check Date Fund Name2643400910912020General Fund264341Q9t0912020General FundMgmt Med Reimb- Retiree MedMgmt Med Reimb- Retiree MedHOMERRAILAccount NameContract Svcs - CHUniform Laundry Svcs -FleetUniform Laundry Svcs -WaterUniform Laundry Svcs -SewerUniform Laundry Svcs-PWUniform Laundry Svcs-StreetUniform Laundry Svcs -ParksContract Svcs - FleetUniform Laundry Svcs -FleetUniform Laundry Svcs -WaterUniform Laundry Svcs -SewerUniform Laundry Svcs-PWUniform Laundry Svcs-StreetUniform Laundry Svcs -ParksContract Svcs- CCTraining & Travel - PoliceClinic expens NOT Sp&NtrElgbleSpec Dept Exp - PS Bldg-NorthSpec Dept Exp - PS Bldg-SouthContract Svcs - CHContract Svcs - CHVendor NameCheck Total:JOSEPH D. NETTERCheck Total:Check Total:A¡ama¡k Uniforms & Career Apparel Group, Inc.Arama¡k Uniforms & Caree¡ Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.A¡amark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.A¡amark Uniforms & Career Apparel Group, Inc.Aramark Uniforms & Career Apparel Group, Inc.A¡amark Uniforms & Career Apparel Group, Inc.Check Total:Captions Unlimited of Nevada Inc.Check Total:City of FairfieldCheck Total:Complete Welders SupplyCheck Total:CulliganCulliganCheck Total:Daiohs USA Inc.Daiohs USA Inc.Amount870.071,1 52.001,152.001,355.2926434226434226434226434226434226434226434226434226434226434226434226434226434226434226434326434426434526434626434626434726434709/09/202009t091202009t09t202009t09t202009t09t202009t09t202009t09/202009t09t202009t091202009t09t202009t09t202009t09t202009t09t202009t09t202009t09t202009t091202009t09t2020091091202009t09/202009109/202009t09t20201,355.29-581.342'7.9654.7335.4532.7038.4'71 81 .58278.0227.9654.733 5.4532.7038.47181.58General FundISF - FleetWater Utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundISF - FleetISF - FleetWater Utility FundSewer Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund438.46412.50412.501,365.001,365.0038.7s38.7580.0080.00160.001 04.1 0104.01oCheck Total:208.1 I
Check Number264348264348264348264348Check Date09/09t202009/09t202009/09t202009109t2020Fund NameGeneral FundSewer Utility FundWater Utility FundWater Utility FundGeneral FundGeneral FundGeneral FundISF - FleetGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundMeasure M ParksGeneral FundGeneral Fund26434926435026435126435226435309109t202009t09/202009t09t202009t09t2020091091202009t09t202009t0912020091091202009t09t202009/09t202009t09t202009t09t202009t09t202009/09t202009109t202009t09t2020Account NameSupplies Exp- PS Main StationEquipment under 5K - SewerRepairs & Maint Routine-WaterRepairs & Maint Routine-WaterSoftwr License & Maint - CCSpec Dept Exp - AquaticsSoftw License & Maint- PSVeh Repairs for Parks-FleetRepairs & Maint Routine -RPCCUnleaded Fuel InventoryDiesel Fuel InventoryUnleaded Fuel InventoryUnleaded Fuel InventoryUnleaded Fuel InventoryUnleaded Fuel InventoryUnleaded Fuel InventoryOffice Supplies - PoliceSpec Dept Exp-Meas M ParksSpec Dept Exp - ParksRepair & Maint Equip - ParksVendor NameGrainger Inc.Grainger Inc.Grainger Inc.Grainger Inc.Check TotalGranicus, Inc.Check Total:dba:Associated Services Harold A. Steuber,Inc.Check Total:Informer Systems LLCCheck Total:John Deere FinancialCheck Total:Kelly Moore Paint Company IncCheck Total:Nick Ba¡bieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCCheck Total:Office DepotCheck Total:Park Avenue Turf Inc.Check Total:Productivity Plus AccountProductivity Plus AccountAmount46.38308.8533.r0588.81977.14872.598'72.5952.5052.501,378.001,378.0084.7984.7951.152643542643542643542643542643542643542643s451.15556.34201.2t3 r 6.68r 58.86281.73579.05609.582643552643562643572643572,703.4547.6147.611,563.901,563.9021.1777.632643580910912020General FundSpec Dept Exp -Police10Redwood Lock Inc.Check Total:98.808.50
Check Number264358264358264358Check Date09t091202009t09t202009109120200910912020General Fund0910912020General Fund0910912020General Fund09t0912020General Fund09t09/2020Water Utility FundFund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundWater Capital Project FundWater Capital Project FundAccount NameSpec Dept Exp -PoliceSales Tax PayableRepairs & Maint Routine - CHContract Svcs - ASRepairs & Maint Routine -Pa¡ksSpec Dept Exp - StreetsLicense, Permits Fees-AquaticsDistributionSystemRepair-WaterAdvertising - DSAdvertising - NonDeptAdvertising - NonDeptRepairs & Maint Routine-PSMainVehicle Rep & Maint - PoliceVehicle Rep & Maint - PoliceW A-26 Water Tank #8 ProjectRetention Payable - WTR CIPVendor NameRedwood Lock Inc.Redwood Lock Inc.Redwood Lock Inc.Check Total:Rentokil North Americalnc.Check Total:Rexel USA,IncCheck Total:Sherwin WilliamsCheck Total:Sonoma County Environmental Health & SafetyCheck Total:Syar Industries Inc.Check Total:The Community Voice/Shah Family LLCThe Community Voice/Shah Family LLCThe Community Voice/Shah Family LLCCheck Total:Water One Industries, Inc.Check Total:Winner MotorcycleWinner MotorcycleCheck Total:ARGONAUT CONSTRUCTORSARGONAUT CONSTRUCTORSCheck Total:AT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYAmount0.7 4-0.74362.54371.0480.0080.0020.2020.20648.91648.91809.00809.00303.0926435926436026436126436226436326436426436426436409t09t202009t091202009t09t202009t09t202009t09t202009t09t2020091091202009t09t202009t09t202009/091202009t09t20200910912020303.09229.00289.00217.00t99,446.44382.60559. I 955.84393.66194.3226436526436626436626436726436726436826436826436826436826436809t09t2020General Fund735.001,ó60.6 r1,660.6 r427.49719.991,147.48209,943.62-10,497.18Sewer Utility FundWater Utility FundISF - FleetGeneral FundGeneral FundCell Phone - SewerCell Phone - WTRCell Phone - FleetCell Phone - CMCell Phone - DS11
Check Number264368264368264368264368264368264368264368264368264368264368264368264368264368264369264369264369264369264370264370264371264372264372264373264373264374Check Date09t091202009109t202009t09t202009t09t202009t09t202009t09/202009t09t202009t09t202009t09t202009t09t202009t09t202009/09t202009t09t2020Vendor NameAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&T MOBILITYAT&TMOBILITYAT&TMOBILITYAT&TMOBILITYFund NameGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundISF - Information TechnologyGeneral FundGeneral FundISF - Information Technology Contract Svcs - ITGeneral Fund Contract Svcs - FINISF - Information Technology Contract Svcs - ITGeneral Fund Contract Svcs - FINBuildg Standard Sp Rev SB14'Bldg Stnds/SBl473 PayableBuildg Standard Sp Rev SBl4'Buildng Standards Special RevGeneral FundRetention Payable - GFAccount NameCell Phone - HRCell Phone - PoliceCelt Phone - FireCell Phone - FireCell Phone - ASCell Phone - PWCell Phone - StreetsCell Phone - ParksCell Phone - SrCCell Phone - Storm DrainsCell Phone - ITCell Phone - PoliceCell Phone - RPCCOF-78 Facilities/Bldng Mjr RprPR-49 Trail to Crane Creek PrkEquip over 5k-Cptl Preserv WTRRetention Payable - WTR PrsvtCheck Total:BOLT STAFFING SERVICE INCBOLT STAFFING SERVICE INCBOLT STAFFING SERVICE INCBOLT STAFFING SERVICE INCCheck Total:CA BUILDING STANDARDS COMMISSIONCA BUILDING STANDARDS COMMISSIONCheck TotalDC Electric Group Inc.Check TotalDudekDudekCheck TotalFowler Electric Services IncFowler Electric Services IncCheck Total:Check Total:IDEXX Distribution Inc.Amount78.0455.845 5.84614.2488.0498.32249.42473.2622.2041.32133.883,966.2241 .0109109t202Q09t09/202009/09t2020091091202009/09t2020091091202009/09t2020091091202009/09/202009t09/202009/09/20207,503.24459.00t,874.405 16.381,874.404,724.r81,473.00-147.30Capital Projects FundCapital Projects FundWater - Capital PreservationWater - Capital Preservation1,325.70598.25598.254,572.9912,720.3117,293.30r 0,042.50-502.129,540.38r.I 16.00r,t 16.00443.780910912020 Capital Projects FundPR-97 M & H B-Ball Ct ResurfacGHD INC.Clinic expens NOT Sp&NtrElgble26437509t09/2020General Fund12Check Total:443.78
Check Number264376264376Check Date09t091202009t09t2020Fund NameGeneral FundGeneral FundGeneral FundGeneral FundISF - FleetGeneral FundCapital Projects FundCapital Projects FundCapital Projects FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund0910912020Water Utility FundAccount NameBIA Assessment PayableBIA Chgs for Svc - FINPurchase of Water - WaterVehicle Rep & Maint - PoliceVehicle Rep & Maint - ParksVeh Rep NonDeptmtl - FleetVeh Rep & Maint- StreetsPR-97 M & H B-Ball Ct ResurfacPR-105 Bballl Resurface S ParkPR-l09 Court Surfaces- AliciaDef Comp Payable-GwDef Comp Payable-GwDef Comp Payable-GwUnited Way PayableEquipment under 5K - FireUniform Purchases - FireVendor NameSonoma County Tax CollectorSonoma County Tax CollectorCheck TotalSonoma County Water AgencyCheck Total:Splash Express ofsanta Rosa LLCSplash Express of Santa Rosa LI-CSplash Express ofSanta Rosa LI-CSplash Express ofSanta Rosa LLCCheck Total:SSA Landscape Architects IncSSA Landscape Architects IncSSA Landscape Architects IncCheck Total:State of CaliforniaCheck Total:HSA BankCheck Total:MYERS-STEVENS & TOOHEY& CO., TNC.Check Total:Nationwide Retirement SolutionsCheck Total:Nationwide Retirement SolutionsNationwide Retirement SolutiondNationwide Retirement SolutionsCheck Total:United WayCheck Total:All Star Fire Equipment Inc.All Star Fire Equipment Inc.Amount42,712.78-854.264 r ,858.52246,093.8t2643792643792643792643802643812643822643832643782643782643782643782643842643842643842643',772643852643862643860910912020091091202009t09t202009t09t202009t091202009t091202009t091202009/101202009fi0t202009tr0t202009t10t202009t111202009trv2020246,093.8158.5052.006.5013.0009/0912020Successor Agency Housing FurLicense, Permits & Fees - Hsg09/r0t2020General FundHSABank Payable09n0t2020General FundPORAC LTD Payable09/r012020General FundDef Comp Payable-Gw130.003,463.042,050.88132.755,646.6725.0025.001,169.221,169.222,266.302,266.301,260.741,260.741,975.005,t67.601,750.008,892.6040.0040.00674.r5304.99l3
264387264388264389264390Check Number Check Date Fund NameAccount Name09/1u2020Sewer Captial Project Fund 2019 Interceptor Outfall - P20911U2020ISF - FleetVeh Repairs for Water-Fleet09/1v2020General FundSoftw License & Maint- PS09/1U2020Capital Projects FundPR-l22 Honeybee Pool Renovatio26439109t11t2020Capital Projects Fund1401 Snyder non-capital09/11/2020Capital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundCapital Projects FundSewer Utility FundGeneral FundWater Utility FundGeneral FundWater Utility FundWater Utility FundGeneral FundGeneral FundGeneral FundSoutheast Dist. Specific PlanUniversity Dist. Specifìc PlanUniversity Dist. Specific PlanSoutheast Dist. Specific PlanUniversity Dist. Specific PlanUniversity Dist. Specific PlanTR-105 State Farm Dr Rehab PhlSystemRepair - SewerSpec Dept Exp - ParksDistributionSystemRepair-WaterSmTools&Equip-PWDistributionSystemRepair-WaterDistributionSystemRepair-WaterSpec Dept Exp - StreetsRepairs & Maint Routine-ASBldgRepairs & Maint Routine-ASBldgVendor NameCheck Total:BRELJE & RACE CONSULTINGCheck Total:Bridgestone Americas, Inc.Check Total:Callyo 2009 CorpCheck Total:CINQUINI & PASSARINO TNC.Check Total:City of Rohnert ParkCheck TotalCSG Consuttants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCSG Consultants, IncCheck Total:Check Total:DrafTech Blueprinting IncCheck Total:Friedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementFriedman's Home ImprovementAmount979.14I,365.00l,365.002,622.292,622.292,990.002,990.00831.25831.2550.00264393264394264392264392264392264392264392264392091111202009/tv20200911v202009trU202009/1v202009/1U202009t11/202009t11/202009nt/202009n1/202009/11/2020091111202009t11t2020091111202009t11/202050.001,120.00892.5042.50662.50382.507,007.507 t.1855.12l8l .599.94291.1922.69l.0l87.5843.4138.040911v2020Capital Projects FundTR-35 Keiser Recon West Segmen Data Instincts10,107.50935.00935.0071.1826439526439526439526439526439526439526439526439526439514
264396264396264396264397264397264397264398264398264398264399264400264400264401Check Number Check Date Fund NameAccount NameSpec Dept Exp - ASSpec Dept Exp - ASSales Tax PayableSpec Dept Exp - EOCVeh Rep NonDeptmtl - FleetSpec Dept Exp - WaterTR-104 Traffic Signal SysTR-128 Railroad Safety ImprvmnTR-l21 PÆ Singal Head ConversContract Svcs - Spay & NeuterContract Svcs - ASRepairs & Maint Routine -FleetGas&Oil-FireGas&Oil-PoliceGas&Oil-FireGas&Oil-PoliceGas&Oil-PoliceUnleaded Fuel InventoryOffrce Supplies - CHOfüce Supplies - PoliceVendor NameCheckFrizelle-Enos CompanyFrizelle-Enos CompanyFrizelle-Enos CompanyGrainger Inc.Grainger Inc.Grainger Inc.Iteris, IncIteris, IncIteris, IncKimley Horn andCheck TotalBarbara Leach, D.V.M.Barbara Leach, D.V.M.Nick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCOffrce DepotOffrce Depot09111/2020Capital Projects Fund TR-I04 Trafüc Signal Sys0911U202009nt/202009llt/20200911U202009n11202009n11202009nU2020091tU202009,Lu202009n1120200911v202009/tt/202009nU202009/111202009n11202009lrt/202009t111202009t1v202009tr|202009lrt/2020General FundGeneral FundGeneral FundGeneral FundISF - FleetWater Utilify FundCapital Projects FundCapital Projects FundCapital Projects FundSpay and Neuter FundGeneral FundISF - FleetGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral Fund09nU2020Capital Projects Fund PR-l 17 SpC Boiler&Tank Rplcmnt Matrix HG, Inc.2644022644022644022644022644022644022644022644Q326440326440409t11/2020General FundSpec Dept Exp - Fire15Ofüce Furniture World, IncCheck TotalCheck TotalCheck TotalCheck TotalCheckCheckCheckAmount730.57243.570.96-0.96243.573Q2.37215.3415.24532.956,727.s02,730.008,677.50r 8,135.00465.00465.00195.002,650.002,84s.00667.00667.00280.s6198.83497.56223.56683.10196.09527.112,606.81137.4443.61181.05101.37
Check Number264404264404Check Date09111120200911v2020Fund NameGeneral FundGeneral FundISF - FleetISF - FleetISF - FleetISF - FleetISF - FleetISF - FleetAccount NameSpec Dept Exp - FireSales Tax PayableVeh Repairs for Fire-FleetVeh Repairs for Fire-FleetVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetVeh Repairs for Pa¡ks-FleetSpec Dept Exp - FleetVeh Repairs for Police-FleetVeh Repairs for Police-FleetSales Tax PayableVeh Repairs for Police-FleetVeh Repairs for Police-FleetSales Tax PayableVeh Repairs for Police-FleetVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetSales Tax PayableVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetSales Tax PayableVeh Repairs for Parks-FleetVeh Repairs for Parks-FleetSales Tax PayableVeh Repairs for Police-FleetVeh Repairs for Police-FleetSales Tax PayableVeh Repairs for Police-FleetVeh Repairs for Police-FleetSales Tax PayableVendor NameOffrce Furniture World, IncOffice Furniture World, IncCheck Total:Opperman & Son Inc.Check Total:Platinum ChevroletCheck Total:PowerplanCheck TotalProductivity Plus AccountProductivity Plus AccountProductivity Plus AccountAmount-0.230.23101.3794.3126440526440626440'7264408264408264408264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409264409091ry2020091tv202009t1v20200911U202009nt/202009nt/20200911U20200911U202009111120200911v202009nv202009/tU202009t11t202009trv202009t1t/2020091111202009t11t202009/rU20200911U202009,rU202009/1u202009nv202009nv20200911U202009/ru20200911v202009nt/202009nv202009t11/202009nv202094.31223.13223.1321.3821.3847.9347.72186.76ISF - FleetISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetGeneral FundCheck TotalSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSa¡ta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto Parts282.4142.02440.69-1.01t.0t220.6s-0.510.51145.49160.37-0.370.375.00165.20-0.380.3843.55-0.r00. l0188.33-0.430.4356.95-0.130.1316
Check Number264409264409264409264409264409264409Check Date0911v202009trU20200911v202009tr1/202009nU2020091rU202009nU20200911v202009t1v202009n1t20200911U202009111/202009nl/2020ISF - Fleet0911112020 Water Utility FundFund NameISF - FleetISF - FleetGeneral FundISF - FleetISF - FleetGeneral FundWater Capital Project FundCapital Projects FundAccount NameVeh Repairs for Police-FleetVeh Repairs for Police-FleetSales Tax PayableSpec Dept Exp - FleetSpec Dept Exp - FleetSales Tax PayableWA-27 Commerce Wtr Ln RplcmntTR-105 State Farm Dr Rehab PhlVendor NameSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsSanta Rosa Auto PartsCheck Total:Check Total:Check Total:Clerk Sonoma County Clerk Recorder,AssessorClerk Sonoma County Clerk Recorder,AssessorCheck Total:Southwest Pipeline and Trenchless CorpCheck Total:State Fire TrainingState Fire TrainingCheck Total:Superior Supplies lnc.Superior Supplies Inc.Superior Supplies Inc.Superior Supplies Inc.Superior Supplies Inc.Check Total:Transunion Risk & Alternative Data Solutions, Inc.Check Total:Universal Building Services & Sttpply Co.Check Total:VCA Animal Care Center of Sonoma CountyAmount30.64-0.070.07413.29-0.940.942644102644112644t22644122644132644142644142644t6264417Spec Dept Exp - FleetSix Robblees'Inc.DistributionSystemRepair-WaterSoiland Co., Inc.1,912.18124.26124.2648.0048.0050.0050.00100.008,695.408,695.40328.00408.000911112020Sewer Captial Project Fund Retention Payable-SWR CIP26441526441526441526441526441509nU202009nv202009,LU202009trv202009,rU2020General FundGeneral FundWater Utility FundWater Utility FundWater Utility FundWater Utility FundWater Utility FundGeneral FundGeneral FundTraining&Travel-FireTraining&Travel-FireDistributionSystemRepair-WaterDistributionSystemRepair-WaterDistributionSystemRepair-WaterDistributionSystemRepair-WaterDistributionSystemRepair-WaterContract Svcs - PoliceJanatorial Services - StFrmClinic expens NOT Sp&NtrElgble736.00193.52141.'t2232.17283.4013 t.8950.001,460.00982.7050.00I,460.0035.0026441809trr/2020General Fund17Check Total:35.00
Check Number264419Check Date09/tv2020Fund NameWater Capital Project FtmdAccount NameWA-51 Keiser Parallel PipelineVendor NameWRA, IncCheck Total:Yarbrough Bros. Towing, Inc.Check Total:Bettyjane HotalingCheck Total:Pacific Gas & ElectricPacific Gas & ElectricPacific Gas & ElectricPacific Gas & ElectricPacific Gas & ElectricCheck TotalPacific Gas & ElectricCheck TotalPacific Gas & ElectricPacific Gas & ElectricPacific Gas & ElectricPacific Gas & ElectricCheck Total:Pacific Gas & ElectricCheck Total:PAMELA STAT'FORDPAMELA STAFFORDPAMELA STAFFORDPAMELA STAFFORDCheck Total:Alpha Analltical Laboratories,lncAlpha Analytical Laboratories, IncAlpha Analytical Laboratories,lncAlpha Analytical Laboratories,lncAlpha Analytical Laboratories,lncAlpha Analytical Laboratories, IncAlpha Analytical Laboratories, IncAlpha Analytical Laboratories,lncAmount17,281.50t7,281.506l 5.00ó r 5.001,202.251,202.25t,606.7114,312.040.0rI,010.81392.3517,321.923,849.073,849.071,345.301,425.03207.67176.813,154.81756.1s756.152,8s2.00720.00540.00121.602644222644222644222644222644222644202644212644232644252644262644262644262644262644272644272644272644272644272644272644272644270911U202009/lv20200911v2020091111202009trt/202009nt/202009/tU20200911U202009trr/202009nt/202009111/2020091111202009nv20200911U2020091rv202009/1U202009/14t202009n4t202009il4t202009/r4t202009/141202009n4t202009114t202009n4t2020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundContract Svcs - PoliceContract Instructors - RPCCPGE - AS BldgPG&E - PS Main StationDebt Srvcs Principal - PS MainPG&E - PS Bldg-NorthPG&E - PS Bldg-SouthPG&E - AquaticsPG&E - Gold RidgePG&E - SrCPG&E - AquaticsPG&E LBRCContract Inslructors - RPCCContract Instructors - RPCCContract Instructors - RPCCContract Instructors - RPCCContractual Svs - WaterContractual Svs - WaterContractual Svs - WaterContractual Svs - WaterContractual Svs - WaterContractual Svs - WaterContractual Svs - WaterContractual Svs - Water2644242644242644242644240911112020 Wilfred Widening Maintenc JEPG&E - Wilfred JEPAWater Utility FundWater Utility FundWater Utility FundWater Utility FundWater Utility FundWater Utility FundWater Utility FundWater Utility Fund4,233.60216.002,720.00940.00940.00216.001, 105.00216.00216.0018
Check Number Check Date Fund Name26442809n4t2020General Fund26442909/1412020General FundAccount NameRepairs & Maint Routine-PACSoftw License & Maint- PSContract Svcs - CHContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContracted Svcs - EOCContract Svcs - StreetsSpec Dept Exp - EOCSpec Dept Exp - StreetsSpec Dept Exp - ParksSpec Dept Exp - WaterSpec Dept Exp - StreetsSpec Dept Exp - FleetRepairs & Maint Routine-PSMainSmTools&Equip-FleetRepairs & Maint Routine -ParksSpec Dept Exp - WaterTraining&Travel-WTRTraining & Travel - ParksVendor NameCheck TotalAmerican Storage LLCCheck TotalCI Technologies IncCheck TotalCintasCintasCintasCintasCintasCintasCheck Total:DC Electric Group Inc.Check Total:FastenalFastenalFastenalFastenalFastenalFastenalCheck Total:Grainger Inc.Grainger Inc.Grainger Inc.Check Total:dba:Associated Services Harold AAmount6,569.00r 50.00r 50.002,450.00264431264430264430264430264430264430264430091141202009t14/202009114/2020091t4/202009t14/2020091t4/2020091t4/202009114/202009n4/202009/14/202009/141202009/r4t2020091141202009t141202009114120202,450.0048.8926.46488.0s75.0628.6931.61264432264432264432264432264432264432184.451,492.13131.48414.96414.96414.97153.393,02 r.89578.5928.0671.39698.76184.45678.0466.9066.90r ó0.00r 60.0075.00091r412020General FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundWater Utility FundGeneral FundISF - FleetGeneral FundISF - FleetGeneral Fund26443326443326443326443409n4t2020Water Utility Fund26443509tr4t2020Water Utility FundSteuber,lnc.ED JOERGERCheck Total:Check Total:2644360911412020General Fund19Brian JonesCheck Total:75.00
264438264439264440Check Number26443'lCheck Date09114/2020Fund NameGeneral FundWater Utility FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundAccount NameSpec Dept Exp - StreetsGas&Oil -WaterUnleaded Fuel InventoryUnleaded Fuel InventoryUnleaded Fuel InventoryDiesel Fuel InventoryOffice Supplies - CHOfüce Supplies - CHOfüce Supplies - CH09/14t2020ISF - Information Technology Softwr License & Maint - IT09/1412020 Water Utiliry FundContractual Svs - Water09/14t2020ISF - FleetRepairs & Maint Routine -FleetGeneral FundSpec Dept Exp -PoliceGeneral FundSpec Dept Exp - StreetsGeneral FundVehicles - FireISF - Information Technology Softwr License & Maint - ITISF - Information Technology Softwr License & Maint - ITGeneral FundSpec Dept Exp - ParksVendor NameKelly Moore Paint Company IncCheck Total:Lynbrook Solutions LLCCheck Total:Miksis Service IncCheck TotalMSI Fuel Management, Inc.Check TotalNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCNick Barbieri Trucking, LLCCheck TotalOfñce DepotOffrce DepotOffice DepotCheck Total:Redwood Lock Inc.Check Total:Reliable Ha¡dware & Steel Co.Check Total:Santa Rosa Campway, Inc.Check Total:SHI International CorpSHI International CorpCheck TotalSiteOne Landscape SupplyAmount52.2452.244,423.784,423.78l,125.001,125.00I,678.0026444126444126444126444126444109n4t202009n4/202009n412020091141202009t14t202009/14/202009tr4t202009t14/202009114t202009/14t2020091r4/2020091r41202009n4/202009n4/20201,678.005 19.89552.36s49.64489.81333.022644422644422644422644432644442644452644462644462644472,444.72354.415t7.576.39878.379.249.24133.99133.991,443.021,443.025,689.484,85 1.0610,540.54605.03605.03585.6226444809ir412020General FundSpec Dept Exp - Parks20Soiland Co., Inc.Check Total
Check Number Check Date Fund NameAccount NameVendor Name264449Q9n4/2020Water Utility FundDistributionSystemRepair-Water Syar Industries Inc.2644s009n4t2020ISF - FleetSoftwr License & Maint - FleetSyn-Tech Systems26445109t14t2020General FundAdvertising - NonDeptThe Community Voice/Shah2644s209t14t2020General FundSpec Dept Exp - StreetsUnited Rentals North2644532644542644552644562644572644s826445926446009n4t2020General Fund09tr4t2020Water Utility Fund09n412020Water Utility Fund09t16/2020General Fund09n612020General Fund09n612020General Fund09/L612020General Fund09tr6t2020General FundContract Svcs - PoliceDistributionSystemRepair-WaterSpec Dept Exp - WaterAmWINS Group-Ret MedTelephone & Internet - BARCTelephone & Internet - RPCCTelephone & Internet - PWTelephone&Intemet-PWTelephone&Intemet-CHCheck Total:Voiance Language Services LLCWheeler ZamaroniWyatt Irrigation Co.Check Total:AmWins Group Benefits, Inc.AT&TAT&TAT&TAT&T26446109n6t2020General Fund21AT&TCheck TotalCheck Total:Check Total:Check Total:Check TotalCheck TotalCheck TotalCheck Total:Check Total:Check Total:Check Total:LLCAmounts85.62404.r2404.122,650.002,650.0026s.00265.002,136.402,136.4038.3 53 8.3545.4745.4726.0526.0533,507.3233,507.3221.9121.9142.5042.5083.3583.3542.5242.5283.34c.
Check Number Check Date Fund Name26446209/t6/2020General Fund26446309116t2020General Fund26446409/16/2020General Fund26446509/16/2020Gener¿l Fund26446609t1612020General Fund26446709/16t2020General Fund26446809fl6t2020General Fund26446909116/2020General Fund26447009n6/2020General Fund26447109116/2020ISF - Information26447209tr6t2020General Fund26447309116/2020General Fund26447409¡t6t2020General Fund22AT&TCheck Total:Telephone & Inteme- PS MainAT&TTelephone & Interne- PS MainAT&TTelephone&Intemet-CHAT&TTelephone & Inteme- PS MainAT&TTelephone & Intem - PS Bldg-NAT&TTelephone & Inteme-AquaticsAT&TTelephone & Internet - CHAT&TTelephone & Intemet - AS BldgAT&TTelephone & Internet - CHAccount NameTelephone&Intemet-ITTelephone&Intemet-CHTelephone & Internet - StFrmTelephone & Interne- PS MainVendor NameAT&TAT&TCheck Total:Check Total:Check TotalCheck TotalCheck TotalCheck Total:Check Total:Check Total:Check Total:Check TotalCheck Total:Check Total:Amou[rt83.ts437.6t37.6185.5385.531,691.021,691.02342.91342.9t42.5042.5061.2761.27t24.18t24.1842.5042.s083.3483.3462.9262.92206.12206.12102.95102.9s397.59AT&TAT&T
Check Number Check Date Fund NameAccount NameWater Utility Fund Equipment under 5K - WaterSewer Utility Fund Equipment under 5K - SewerISF - Information Technology Ofüce Equip - ITNeighbrhd Upgrd WkFrce HsnCell Phone - DS,ÀIUWHNeighbrhd Upgrd WkFrce HsnCell Phone - NUWHCasino Waterway Fund Spec Dept Exp - WRCGeneral Fund Cell Phone - CHGeneral Fund Cell Phone - PWGeneral Fund Cell Phone - ParksGeneral Fund Cell Phone - DSGeneral Fund Cell Phone - FireSewer Utility Fund Cell Phone - SewerWater Utility Fund Cell Phone - WTRISF - Information Technology Cell Phone - ITISF - Fleet Cell Phone - FleetSewer Utility Fund Laguna Plant - Sewe¡PublicFacility FinanceDvlprFe SubR Expansion Debt ServiceVendor NameCheck Total:CDW GovernmentCDW GovernmentCDW GovemmentCheck Total:Cellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCellco PartnershipCheck TotalCity of Santa RosaCify of Santa RosaCheck TotalComcastCheck TotalComcastCheck TotalComcastCheck Total:ComcastCheck Total:Corelogic Information Solutions, Inc.Check TotalDELL MARKETING LPAmount264475264475264475264477264477264478264479264480264481264482091161202009/r6/2020091r61202009n6t202009n6t2020091r61202009/16t202009/1612020091161202009n6t2020091161202009tr6t202009t16t202009tr61202009t16/2020091161202009n6t2020397.59r38.r5138.154,335.912644762644762644762644762644762644'762644'762644762644762644762644762644764,612.2138-0138.0138.0138.0158.05266.07306.52390.12152.04192.08306.3638.0109t16t2020General FundTelephone & Intemet - StFrm09t16t2020General FundTelephone & Intern - PS Bldg-S091r612020General FundTelephone & Internet - SpC09n6t2020General FundTelephone & Intem - PS Bldg-N09/1612020ISF - Information Technology Softwr License & Maint - IT1,861.298t4,166.1961,422.89875,589.08I 40.0 r140.0 r157.3s157.35s69.49569.49249.96249.96206.00206.0080.4626448309/L6/2020ISF - Information Technology Equip Lease - IT23
26448426448426448426448426448s264486264487264487264488264488264488264489264490264491264491264491091t6t202009t16t202009116/202009t16/2020091161202009116/202009n6t2020091161202009/16t202009/16/202009/16t2020Check Number Check Date Fund NameAccount NameDeveloper Refundable Deposits2297 Revenue - DS2297 Expenses - DSContract Svcs - DSContract Svcs - WRCContract Svcs - WRCPR-123 Eagle&Benicia Prk LghtsPR-123 Eagle&Benicia Prk LghtsSales Ta.x PayableContract Srvcs-Systm DvlpmntVendor NameCheck Total:Check TotaliPROMOTEu.com Inc.Check TotalLeaf Capital Funding,LlCCheck TotalStephen PyeStephen PyeCheck Total:Rexell Energy SolutionsRexell Energy SolutionsRexell Energy SolutionsCheck Total:SDI Presence LLCCheck Total:WaterNet SurveyCheck Total:US BankUS BankUS BankCheck TotalReport TotalGeneral FundGeneral FundGeneral FundGeneral FundCasino Waterway FundCasino Waterway FundCapital Projects FundCapital Projects FundGeneral FundDudekDudekDudekDudek80.462,863.69-2,863.692,863.69586.00Amount3,449.69230.81230.813,079.203,079.203,850.004,902.508,752.5040,594.3846.71-46.7140,594.3832,550.0032,550.0024,945.00General FundSpec Dept Exp - EOCSports Ctr Capitl Faciliy Rsrv Equip Lease- SpC Captl09/1612020General Fund09/16t2020Water Utility Fund09/t6/2020091t61202009/16t2020Contractual Svs - WaterISF - Information Technology Softwr License & Maint - ITISF - Information Technology Spec Dept Exp - ITISF - Information Technology Softwr License & Maint - IT24,945.00399.98449.9033.95883.832,024,335.03AP-Checks for Approval (9/1612020 - 12:57 PM)24Page 24
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, November 26, 2019
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
Councilmember Mackenzie Participated via Teleconference:
Scottsdale Links Resort, 16858 North Perimeter Drive, Room 223, Scottsdale, AZ 85260
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Pro Tem Callinan called the joint regular meeting to order at 5:00 pm, the notice for
which being legally noticed on November 21, 2019.
Present: Joseph T. Callinan, Vice Mayor
Susan Hollingsworth Adams, Councilmember
Jake Mackenzie, Councilmember (attending via teleconference)
Pam Stafford, Councilmember
Absent: Gina Belforte, Mayor
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City Attorney
Rudin, Development Services Director Pawson, Director of Public Works and Community
Services McArthur, Director of Public Safety Mattos, Director of Human Resources Perrault,
Senior Analyst Leo Tacata, Management Analyst Beran, Payroll Fiscal Specialist Piotrkowski
and City Clerk Buergler.
2.PLEDGE OF ALLEGIANCE
Led by Assistant City Manager Schwartz.
3.PRESENTATIONS
Mayor's Proclamation: Rancho Cotate High School's Girls Tennis Team for winning the
North Bay League Redwood Championship.
Mayor Pro Tem Callinan read the certificate and presented it to Head Coach Paul Lovelace and
Assistant Coach Wendy Goebel.
4.DEPARTMENT HEAD BRIEFING
None.
Item 5.B.
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 2 of 7
5.PUBLIC COMMENTS
Eris Weaver thanked the Council and Foundation for selecting the Sonoma County Bicycle
Coalition for the Small Grants Program and spoke about the importance of having separated
bike paths.
Melanie Davis requested a designated parking area for the homeless’ RV’s and travel trailers in
her neighborhood. Melanie stated having issues with the police enforcing or ticketing travel
trailers parked in no parking zones or handicap zones on Laguna Dr.
6.CLOSED SESSION
A. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to
Government Code §54956.9(d)(2): (One Case)
Closed Session did not take place due to Mayor’s absence.
7.CONSENT CALENDAR
7.A Acceptance of Reports for:
1. City- Cash Report for Month Ending October 31, 2019
2. RPFA- Cash Report for Month Ending October 31, 2019
3. Successor Agency- Cash Report for Month Ending October 31, 2019
4. Housing Successor Agency- Cash Report for Month Ending October 31, 2019
5. City Bills/Demands for Payment dated November 4 through November 15, 2019
7.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular
Meeting, November 12, 2019
7.C Adoption of Resolution 2019-143 Authorizing the City Manager to Appropriate
Accumulated Interest From 2007R Tax Allocation Bond Proceeds and Return Funding to
Spreckels Performing Arts Center Capital Facility Fund
7.D Adoption of Resolution 2019-144 Appointing Don Schwartz as City Treasurer
7.E Adoption of Ordinance 937 Approving a Fourth Amendment to the Development
Agreement by and among the City of Rohnert Park and Penn Grove Mountain LLC
Regarding the Southeast Specific Plan Area
7.F Adoption of Ordinance 938 Repealing and Replacing Chapters 15.04 through 15.30 of
Title 15 “Buildings and Construction” of the Rohnert Park Municipal Code to Adopt by
Reference the 2019 California Building Standards Code with Local Amendments as set
forth in Chapters 15.04 (General Provisions and Penalties), 15.08 (Building Code), 15.12
(Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing
Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green Building
Standards Code), and 15.28 (Fire Code) To Title 15 “Buildings and Construction”,
Amending Section 8.28.030 Regarding Securing of Dangerous Buildings, and
Recodifying Existing Regulations in Chapters 15.28 and 15.30 Related to Fireworks in a
New Chapter 9.49 (Fireworks Regulations) in title 9 “Public Peace, Morals and Welfare"
7.G Adoption of Resolution 2019-145 Approving Updated Job Descriptions, Job Title
Changes, and Salary Ranges for positions in the City’s Unrepresented Management
and Confidential Units PULLED BY STAFF
7.H Adoption of Resolution 2019-146 Authorizing and Approving Amendment Seven to
the Memorandum of Agreement between the City of Rohnert Park and the Rohnert
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 3 of 7
Park Public Safety Officers’ Association (RPPSOA) Regarding Acting Pay
Assignments
7.I Adoption of Resolution 2019-153 Reciting the Facts of the of Special Municipal
Election Consolidated with the General Election Held on November 5, 2019, Declaring
Results and Such Other Matters as Provided by Law
7.J Approving an Agreement with Tyler Technologies for a New Finance and
Human Resources Information System
7.K Approving an Agreement with SDI Presence for Consulting Services to Support
Implementation of New Finance and Human Resources System
ACTION: Moved/seconded (Stafford/Mackenzie) to approve the Consent Calendar
with the exception of item 7.G.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
8.REGULAR ITEMS:
A.PUBLIC HEARING (Noticed November 15, 2019): Second Public Hearing to
Receive Input on Composition of Districts and Number of Districts Regarding the By-
District Based City Councilmember Elections. Senior Consultant of National Demographics
Corporation Jeff Tilton presented the item. Recommended Action(s): 1) Receive a report from
staff on the districting process and permissible criteria to be considered to create district
boundaries and 2) Hold a public hearing to receive community input and provide input to staff
regarding the composition of voting districts and sequencing of elections.
Public Hearing Opened: 5:18 pm
PUBLIC COMMENT:
Steve Keith spoke about outreach and engagement; Chris Meyer spoke about the census and
requested the City to use email lists to conduct outreach; Jim Duffy spoke about census and re-
districting; and Gary Coffman spoke about outreach.
Public Hearing Closed: 5:59 pm
Council received and accepted the report.
B.Introduction of an Ordinance Amending Rohnert Park Municipal Code Sections
13.02.110, 13.44.070, 13.44.090 13.44.110 and 13.44.120, and Adding New Section
13.44.200, to Modify Temporary Water Service, Water Service Application and Deposit,
Water Service Billing, Water Service Notices and Water Service Discontinuation.
Management Analyst Beran and Payroll Fiscal Specialist Piotrkowski presented the item.
Recommended Action(s): Introduce by title only and waive first reading of Ordinance No.
939.
PUBLIC COMMENT: None.
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 4 of 7
ACTION: Moved/seconded (Stafford/Adams) to introduce Ordinance No. 939, And
Ordinance of the City Council of the City of Rohnert Park Amending
Rohnert Park Municipal Code Sections 13.02.110, 13.44.070, 13.44.090
13.44.110 and 13.44.120, and adding new section 13.44.200, to modify
temporary water service, water service application and deposit, water
service billing, water service notices and water service discontinuation.
Title read by Mayor Pro Tem Callinan.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
C.Consider Adopting a Resolution Declaring Intention to Form the Westside
Residential Services Community Facilities District to Fund Certain Public Services and
Authorizing and Directing Certain Related Actions. Director of Development Services
Pawson presented the item. Recommended Action(s): Adopt Resolution 2019-147 Declaring
Intention to Form the Westside Residential Services Community Facilities District to Fund
Certain Public Services and Authorizing and Directing Certain Related Actions.
PUBLIC COMMENT: None.
ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2019-147.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
D.Consider Adopting a Resolution to Accept the Classification and Compensation
Study prepared by Koff & Associates. Director of Human Resources Perrault presented the
item. Also present was Katie Kaneko, President of Koff & Associates. Recommended
Action(s): Adopt Resolution 2019-148 Accepting the Classification and Compensation Study
prepared by Koff & Associates District to Fund Certain Public Services and Authorizing and
Directing Certain Related Actions.
PUBLIC COMMENT: None.
ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2019-148.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
7.G. Adoption of Resolution 2019-145 Approving Updated Job Descriptions, Job Title
Changes, and Salary Ranges for positions in the City’s Unrepresented Management and
Confidential Units. Director of Human Resources Perrault presented the item and made a
disclosure under Government Code Section 5495.3.
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 5 of 7
PUBLIC COMMENT: None.
ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2019-145.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
E.Consider Adopting Resolutions Approving Amendments to Employment
Agreements Between the City of Rohnert Park and Don Schwartz for Assistant City
Manager Services; Timothy S. Mattos for Director of Public Safety Services; Victoria
Perrault for Human Resources Director Services and Mary Grace Pawson for Development
Services Director Services. Director of Human Resources Perrault presented the item.
Recommended Action(s): Approve Amendments to the Employment Agreements between the
City of Rohnert Park and Don Schwartz for Assistant City Manager Services; Timothy S. Mattos
for Director of Public Safety Services; Victoria Perrault for Human Resources Director Services
and Mary Grace Pawson for Development Services Director Services.
PUBLIC COMMENT: None.
ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2019-149
Approving Amendments to Employment Agreements Between the City
of Rohnert Park and Don Schwartz for Assistant City Manager Services.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
ACTION: Moved/seconded (Stafford/Mackenzie) to introduce adopt Resolution
2019-150 Approving Amendments to Employment Agreements
Between the City of Rohnert Park and Timothy S. Mattos for Director of
Public Safety Services.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
ACTION: Moved/seconded (Stafford/Mackenzie) to introduce adopt Resolution
2019-151 Approving Amendments to Employment Agreements
Between the City of Rohnert Park and Victoria Perrault for Human
Resources Director Services.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 6 of 7
ACTION: Moved/seconded (Stafford/Mackenzie) to introduce adopt Resolution
2019-152 Approving Amendments to Employment Agreements
Between the City of Rohnert Park and Mary Grace Pawson for
Development Services Director Services.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
F.Selection of City Council Officers for 2020 – Consideration of Nomination and
Selection of Mayor and Vice Mayor.
PUBLIC COMMENT: None.
ACTION: Councilmember Stafford nominated Vice Mayor Callinan for Mayor
and Councilmember Mackenzie for Vice Mayor, seconded by
Councilmember Adams, for a one (1) year term commencing at the
first regular meeting in December 2019.
Motion carried by the following roll call vote 4-0-1 vote: AYES:
Adams, Mackenzie, Stafford, and Callinan, NOES: None, ABSENT:
Belforte.
9.COMMITTEE / LIAISON/ OTHER REPORTS
A.Standing Committees:
None.
B.Liaison Reports:
1.Chamber of Commerce (Board of Directors) (11/19)
Councilmember Stafford reported on the meeting.
C.Outside Agency Reports:
1. Sonoma Clean Power Authority Special Meeting of the Board of Directors (SCP)
(11/14)
No Report (Mayor Belforte was absent).
2. Zero Waste Sonoma, Special Meeting of the Board of Directors (11/20)
Councilmember Stafford reported on the meeting.
3. Association of Bay Area Government (ABAG) General Assembly (11/21)
Councilmember Mackenzie informed he was unable to attend the meeting.
D.Other Reports
1. Metropolitan Transportation Commission (MTC) (11/20)
Councilmember Mackenzie reported on the meeting.
10.COMMUNICATIONS
None.
City of Rohnert Park Joint Regular Meeting Agenda for City Council November 26, 2019
RPFA/CDC Successor Agency Page 7 of 7
11.MATTERS FROM/FOR COUNCIL
None.
12.PUBLIC COMMENTS
None.
13.ADJOURNMENT
Mayor Pro Tem Callinan adjourned the joint regular meeting at 7:10 p.m.
_____________________________________ __________________________________
JoAnne Buergler, City Clerk Joseph T. Callinan, Mayor Pro Tem
City of Rohnert Park City of Rohnert Park
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, September 8, 2020
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Callinan called the joint regular meeting to order at 5:00 p.m., the notice for which being
legally noticed on September 3, 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 Kenyon, Director of Human Resources Perrault, Director of Public Works
and Community Services McArthur, Development Services Director Pawson, Finance Director
Bali, Director of Public Safety Mattos, Deputy Chief Bates, Fire Marshall Thompson, Deputy
Director of Community Services Bagley, Environmental Coordinator Bennett, Management
Analyst Beran, Senior Analyst L. Tacata, Project Manager Zwillinger and Deputy City Clerk
Machado.
Staff Present: City Clerk Lopez Cuevas, and Information Systems (IS) Operations Manager
Rowley.
2.PRESENTATIONS
Mayor's Proclamation: Proclaiming September 2020 as Firefighter Appreciation Month
Mayor Callinan read and presented the certificate to Deputy Chief Bates.
Mayor Callinan declared a recess at 5:09 p.m. and reconvened the meeting at 5:21 p.m.
Mayor's Proclamation: Proclaiming September 2020 as "Bike to Wherever Days!" Month
Mayor Callinan read and presented the certificate to Eris Weaver, Executive Director of Sonoma
County Bicycle Coalition.
Item 5.C.
City of Rohnert Park Joint Regular Meeting Agenda for City Council September 8, 2020
RPFA/CDC Successor Agency Page 2 of 5
3. SSU STUDENT REPORT
Emily Ann Miller, Vice President of External Affairs of Sonoma State University Associated
Students, Inc. (SSU ASI) provided the report and informed that SSU is reorganizing to facilitate
remote learning, students are overseeing the Basic Needs Program and indicated SSU students do
not support amendments to Rohnert Park Municipal Code Chapter 9.48.
4. DEPARTMENT HEAD BRIEFING
Deputy Director of Community Services Bagley presented an update on the State Parks Grant
and informed Alicia Park does qualify for the state-wide program; the City will pursue
community feedback from A Section and actively pursue the grant. The Grant results will be
released sometime in the summer of 2021.
5. PUBLIC COMMENTS
Deputy City Clerk Machado read comments submitted by Julie Royes, who spoke about the use
of synthetic pesticides and informed neighbors are willing to pull weeds from W Park to keep it
clean.
6. CONSENT CALENDAR
6.A. Acceptance of Reports for: City Bills/Demands for Payment dated August 15 through
August 31, 2020
6.B. Approval of Minutes for City Council/RPFA/Successor Agency/Foundation Joint Regular
Meeting, May 26, 2020
6.C. Approval of Minutes for City Council/RPFA/Successor Agency/Foundation Joint Regular
Meeting, August 25, 2020
6.D. Adopt Resolution 2020-080 Approving a New Records Management Policy for the City
of Rohnert Park and Superseding Resolutions 2016-84
6.E. Adopt Resolution 2020-081 Amending Appendix A: Designated Positions and Appendix
B: Disclosure Categories of the City of Rohnert Park Conflict of Interest Code
6.F. Adopt Resolution 2020-082 Finding the Wilfred Avenue Bioretention Rehabilitation
Project Exempt from CEQA Under CEQA Guidelines Section 15301, Approving the
Plans and Specifications, Awarding the Construction Contract to Ghilotti Construction
Company for $605,138.80, Authorizing a Budget Amendment to Increase Appropriations
for the Project, Changing Project Number from 2017-22 to 2020-31, and Related Actions
6.G. Adopt Resolution 2020-083 Approving Southeast Estates Subdivision Phase 1A Final
Map and Accepting Subject to Improvement Offers of Dedication for Public Right-of-
Way, Public Utility Easements and Sidewalk Easements
6.H. Adopt Resolution 2020-084 Accepting the Willow Glen (Maurice Fredricks) Park and
Directing Related Actions PULLED BY MAYOR CALLINAN
6.I. Adopt Resolution 2020-085 Authorizing and Approving the City of Rohnert Park Current
Pay Rates and Ranges Revised August 16, 2020
6.J. Adopt Resolution 2020-086 for the Alicia Park Court Resurfacing Project No. 2018-19,
Authorize the use of $114,838 of Unanticipated Revenue from Sonoma County Park Tax
(Measure M) and Authorizing the City Manager to Execute a Contract Change Order with
Vintage Contractors, Inc. in the Amount of $80,400 PULLED BY MAYOR CALLINAN
City of Rohnert Park Joint Regular Meeting Agenda for City Council September 8, 2020
RPFA/CDC Successor Agency Page 3 of 5
6.K. Adopt Ordinance 951, an Ordinance of the City Council of the City of Rohnert Park
Repealing Chapter 9.48 - “Alcohol Offense/Loud Parties” and Replacing it in its entirety
with Chapter 9.48 – “Alcohol Offenses, Loud and Unruly Gatherings, and Social Host
Accountability” to Impose Stricter Criminal and Civil Penalties Against Alcohol Offenses
and Loud Parties (CEQA Status: Exempt)
ACTION: Moved/seconded (Stafford/Mackenzie) to approve the Consent Calendar
with the exception of Item 6.H. and Item 6.J.
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
6.H. Adopt Resolution 2020-084 Accepting the Willow Glen (Maurice Fredricks) Park and
Directing Related Actions
6.J. Adopt Resolution 2020-086 for the Alicia Park Court Resurfacing Project No. 2018-19,
Authorize the use of $114,838 of Unanticipated Revenue from Sonoma County Park Tax
(Measure M) and Authorizing the City Manager to Execute a Contract Change Order with
Vintage Contractors, Inc. in the Amount of $80,400
ACTION: Moved/seconded (Callinan/Belforte) to approve Item 6.H. and Item 6.J.
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
7. REGULAR ITEMS:
A. Consider Adopting a Resolution Approving an Access and Improvement Agreement
with Goals Foundation for the Installation of a Mini Pitch System at Alicia Park Soccer
Court and Approving the Plans and Specifications (CEQA Status: Exempt). Project
Manager Zwillinger presented this item. Also present was Frankie Lemus, on behalf of the
Rohnert Park Cotati Latino Alliance, who expressed support of this item. Recommended
Action(s): Adopt Resolution 2020-087 Approving an Access and Improvement Agreement with
Goals Foundation for the Installation of a Mini Pitch System at Alicia Park Soccer Court,
Approving the Plans and Specifications, and Finding the Project Categorically Exempt from the
Requirements of CEQA Pursuant to CEQA Guidelines Section 15301.
PUBLIC COMMENTS: None.
ACTION: Moved/seconded (Callinan/Stafford) to adopt Resolution 2020-087.
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
City of Rohnert Park Joint Regular Meeting Agenda for City Council September 8, 2020
RPFA/CDC Successor Agency Page 4 of 5
B. Discussion and Direction on Role and City Participation in Russian River
Watershed Association. Environmental Coordinator Bennett presented this item.
Recommended Action(s): Withdraw from the Russian River Watershed Association (RRWA)
MOU effective July 1, 2021 and send a letter stating that this will be the City’s last year of
membership.
PUBLIC COMMENT: None.
ACTION: Moved/seconded (Callinan/Stafford) staff is to send a letter signed by the
Mayor giving 60 day-notice that the City is withdrawing from the Russian
River Watershed Association (RRWA).
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
C. Discussion and Direction on City’s Voting Position on Resolution Packet for the
League of California Cities Annual Conference – October 7-9, 2020, Virtual Conference.
Deputy City Clerk Machado presented this item. Recommended Action(s): Support the
proposed resolution asking congress to enact legislation that would allow cities the ability to hold
social media companies liable for their role in promoting criminal acts.
PUBLIC COMMENT: None.
ACTION: By consensus, (none opposed) Voting Delegate Adams is directed to vote
in support the proposed resolution at the League of California Cities
Annual Business Virtual Meeting on October 9, 2020.
D. City of Rohnert Park’s Response to Novel Coronavirus (COVID-19)
A verbal report was provided by City Manager Jenkins informing that due to the current number
of cases, our County continues to be in the widespread category; therefore we continue to have
the most restrictions under the Governor’s system. City Manager Jenkins informed that the City
continues to work with the County in resolving issues related to the COVID reporting hot line.
PUBLIC COMMENT: None.
Council received and accepted the Report.
8. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committees:
None.
B. Liaison Reports:
C. Outside Agency Reports:
1. Sonoma County Transportation Authority/Regional Climate Protection Authority
(SCTA/RCPA) Board of Directors Special Meeting (9/3)
City of Rohnert Park Joint Regular Meeting Agenda for City Council September 8, 2020
RPFA/CDC Successor Agency Page 5 of 5
Vice Mayor Mackenzie informed this special meeting was held under closed session and
no report can be provided at this time.
D. Other Reports:
None.
9. COMMUNICATIONS
None.
10. MATTERS FROM/FOR COUNCIL
At the request of Council member Stafford, Vice mayor Mackenzie and Mayor Callinan, staff is
to add a discussion item to a future agenda to discuss S Park and Pickle Ball Courts.
11. PUBLIC COMMENT
Deputy City Clerk Machado read comments submitted by Tanya Watson, who spoke about
people not wearing masks at S Park and issues at the construction site on Avram Avenue (noise
and leaving garbage on the street).
12. CLOSED SESSION:
Mayor Callinan made the closed session announcement pursuant to Government Code §54957.7
and Council recessed to Closed Session at 6:40 p.m. to consider:
A. Personnel Matters (Government Code § 54957): Public Employee Annual Performance
Evaluation - Title: City Manager
B. Reconvened Joint Regular Meeting Open Session at 7:17 p.m. to report on Closed
Session (Government Code § 54957.1):
Mayor Callinan reported: no reportable action.
13. ADJOURNMENT
Mayor Callinan adjourned the joint regular meeting 7:17 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, City Clerk Joseph T. Callinan, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. 5.D.
1
Meeting Date: September 22, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Vanessa Garrett, Deputy City Engineer
Agenda Title: Authorize the City Manager to Execute Amendment 2 to Task Order
2017-01 with LCA Architects, Inc. for Additional Design Services for the
New Fire Station #3 Project (CIP Project 04-13) for an additional
amount not to exceed of $25,431, and a total Task Order Amount of
$715,701
RECOMMENDED ACTION:
By Minute Order, authorize the City Manager to execute Task Order 2017-01 Amendment
2 with LCA Architects, Inc. for additional design services for the New Fire Station #3
Project (CIP Project 04-13) for an additional amount not to exceed $25,431, and a total
amount not to exceed of $715,701.
BACKGROUND:
The Westside Fire Station, which is located in the Stadium Lands Planned Development Area
consists of 3 bedrooms, 2 bathrooms, office, living areas, and 2 large apparatus bays and is
intended to enhance public safety response in the western part of the City. On February 14,
2017, the City Council approved Task Order 2017-01 with LCA Architects, Inc. (LCA) for
design of the Fire Station #3 project on the Westside of the City. On November 13, 2018, the
City Council approved Task Order 2017-01 Amendment 1 for redesign of the fire station,
with changes that reduced the overall project cost. The project has since been successfully bid
and the fire station is in construction, with completion expect in the summer of 2021.
While the fire station project has been coordinated with the ongoing development in the
Stadium Lands area, as built construction conditions from the recently completed Cambria
Hotel have necessitated minor changes to the fire station site plan to accommodate a sidewalk
that was constructed slightly wider than originally designed. Staff also requested additional
assistance from LCA in designing the power service for PG&E application and corrosion
protection for utilities around the site. All of these items were not included in LCA’s original
scope.
ANALYSIS:
The additional services that are being requested are necessary to accommodate unforeseen site
conditions and for the successful completion of the fire station.
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
The additional cost for these services total $25,431 which is approximately 3.5% of LCA’s
total contract and 0.6% of the construction cost of the fire station. As noted above this modest
increase is necessary to ensure timely and coordinated completion of the station.
STRATEGIC PLAN ALIGNMENT:
By hiring outside professionals, the City is ensuring the effective delivery of public services thus
aligning with Goal C of the Strategic Plan.
OPTIONS CONSIDERED:
None. Working with the design engineer for the station is the only feasible and cost-effective option
for executing these modest changes to the work.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact of the proposed action is $25,431. Funding will come from approved CIP Project
2004-13. The proposed total Task Order value is within the approved budget for the project, which
currently has an unencumbered budget of $2.6 Million.
Department Head Approval Date: 08/31/2020
Finance Approval Date: 09/01/2020
City Attorney Approval Date: 09/08/2020
City Manager Approval Date: 09/10/2020
Attachments (list in packet assembly order):
1. Task Order No. 2017-01 Amendment 2 with LCA Architects.
AMENDMENT 2 TO TASK ORDER NO. 2017-01
CITY OF ROHNERT PARK
AND LCA ARCHITECTS, INC.
AUTHORIZATION OF ADDITIONAL DESIGN SERVICES FOR THE WESTSIDE FIRE
STATION (Project No. 2004-13)
SECTION 1 – PURPOSE
The purpose of this Amendment 2 to Task Order No. 2017-01 (“Amendment”) is to authorize
and direct LCA Architects, Inc. to proceed with the work specified in Section 2 below in
accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert
Park ("City") and LCA Architects, Inc. ("Consultant") dated June 14, 2016.
SECTION 2 – SCOPE OF WORK
The additional items authorized by this Amendment are presented in Exhibit “A,” attached
hereto and incorporated herein.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties
referenced in SECTION 1. The additional cost for the additional services as set forth in
SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor
charges in accordance with the provisions of the MASTER AGREEMENT and as shown in
Exhibit “B” attached hereto and incorporated herein, for an amount not-to-exceed $25,431. Total
compensation under Task Order No. 2017-01, Amendment 1, and this Amendment shall not
exceed $715,701.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2020, or as extended by
the City Engineer or her designee.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for professional services
between City and Consultant are incorporated by reference.
CITY OF ROHNERT PARK LCA Architects
_____________________________ ___________________________________
Darrin Jenkins, City Manager (Date) Carl Campos, President (Date)
Per Minute Order adopted by the
Rohnert Park City Council at its meeting of _________
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
City Clerk City Attorney
Exhibit A
OAK #4815-8360-6986 v1
Exhibit A
Scope of Services
ASR #1: Landscape Added Services: $1,261
ASR #2: Joint Trench Design For PG&E Application: $16,950
ASR #6 and 7: Changes to Bioretention Swale Area: $7,220
ITEM NO. 5.E.
1
Meeting Date: September 22, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Agenda Title: Adopt a Resolution Approving a Public Improvement and Public Facilities Fee
and Water Capacity Charge Credit Agreement with Keiser 42 LLC, a California
Limited Liability Company for a Portion of Keiser Avenue (CEQA Status:
Consistent with the Updated Final EIR Adopted on April 8, 2014)
RECOMMENDED ACTION: Adopt a Resolution Approving a Public Improvement and Public
Facilities Fee and Water Capacity Charge Credit Agreement with Keiser 42 LLC, a California Limited
Liability Company for a portion of Keiser Avenue.
BACKGROUND: The City has approved a Development Area Plan (DAP) and Tentative Map for the
42 lot Bristol Subdivision, located south of Keiser Avenue, east of Snyder Lane and north of Lawrence
Jones Middle School in the University District Specific Plan Area. The developer for the Bristol
Subdivision is Keiser 42 LLC (“Developer”) and t he conditions of approval for the DAP and Tentative
Map require the construction of public infrastructure so that it will be coordinated with and available to
serve the development.
The City and the Developer have previously entered into a Public Improvement and Reimbursement
Agreement to provide for the construction of all in-tract improvements together with electric,
communication and gas improvements on Keiser Avenue. The Developer has made good progress on
this work and is working towards completing its Final Map and beginning model home construction. In
order to satisfy its conditions of approval and support its model home construction, the developer must
complete the reconstruction of approximately six hundred feet of Keiser Avenue from Snyder Lane
through the entrance to its subdivision. Attachment 1 illustrates these improvements. The
reconstruction of Keiser Avenue, including installation of recycled water main, is included in the
City’s Public Facilities Fee Program and developer constructed improvements to Keiser Avenue are
generally eligible for Public Facilities Fee Credits. The water line in Keiser Avenue is included in the
City’s Water Capacity Charge program and developer is completing the installation of fire hydrants as
part of its project, which is eligible for Water Capacity Charge credits.
ANALYSIS: The proposed Public Improvement and Public Facilities and Water Capacity Charge
Credit Agreement (Agreement) obligates the Developer to co mplete reconstruction of approximately
six hundred and forty feet of Keiser Avenue, which will satisfy its conditions of approval and provide
access for its proposed development. The Agreement outlines in more detail than specified in the
conditions of approval, the Developer’s duty to install the improvements to City standards and protect
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 5.E.
2
them until acceptance; the City’s rights for inspection and cost recovery; the process by which new
improvements will be inspected by the City; requirements to pay prevailing wage; requirements for
bonds, insurance and indemnity and the City’s remedies against breach or default by the Developer.
The Agreement provides the developer with $477,352.50 in Public Facilities Fee credits and $24,000
in Water Capacity Charge credits, which will be used to offset Public Facilities Fees due at building
permit.
ENVIRONMENTAL ANALYSIS: The proposed Public Improvement Agreement will authorize and
provide for the construction of infrastructure improvements that will serve the development. These
improvements were included in the Project Description Section of the Draft Environmental Impact
Report (Draft EIR dated July 2005) for the University District Specific Plan. The description of the
required infrastructure improvements necessary to serve the development was not substantially
changed by either the Final EIR (March 2006) or the CEQA Addendum (February 2014). A
Consistency Analysis, performed in February 2018, confirmed that the scope of improvements
proposed by the Bristol Project was consistent with University District EIR and that no further CEQA
analysis is required. The City will use its plan approval process to ensure that mitigations to control
construction noise, dust, hazards and biological impacts are included as part of the work.
OPTIONS CONSIDERED: None. The proposed action is necessary to ensure that the Developer
complies with its Conditions of Approval.
FISCAL IMPACT/FUNDING SOURCE: This action has no direct fiscal impact on the City This
action will provide the Developer $477,352.50 in Public Facilities Fee credits and $24,000 in Water
Capacity Charge credits. In exchange, the City will receive completed infrastructure that would
otherwise need to be funded from the Public Facilities and Water Capacity Charge Special Revenue
Funds.
Department Head Approval Date: 09/01/2020
Finance Director Approval Date: NA
City Attorney Approval Date: 09/08/2020
City Manager Approval Date: 09/10/2020
Attachments (list in packet assembly order):
1. Location Map
2. Resolution Approving a Public Improvement and Public Facilities Fee and Water Capacity
Charge Credit Agreement with Keiser 42 LLC, a California Limited Liability Company, for
a portion of Keiser Avenue
3. Resolution Exhibit A – Public Improvement and Public Facilities Fee and Water Capacity
Charge Credit Agreement by and between the City of Rohnert Park and Keiser 42 LLC, a
California Limited Liability Company
Vast Oak North
Completed by UDLLC To be completed by UDLLC DA
Cotati Rohnert Park
School District
Bristol
To be completed by Keiser 42
under Agreement
Attachment 1
Location Map
Snyder Lane
Keiser Avenue
Petaluma
Hill
Road
RESOLUTION NO. 2020-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A PUBLIC IMPROVEMENT AND PUBLIC FACILITIE FEE AND
WATER CAPACITY CHARGE CREDIT AGREEMENT WITH KEISER 42 LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY FOR A PORTION OF
KEISER AVENUE
WHEREAS, on May 23, 2006, the City Council of the City of Rohnert adopted
Resolution No 2006-141 approving the Final Environmental Impact Report (EIR) for the
University District Specific Plan Area including a draft EIR, a recirculated draft EIR, response to
comments, changes, clarifications, and corrections to the draft EIR and recirculated draft EIR and
appendices (together the “2006 EIR”); and
WHEREAS, on April 8, 2014, the City Council of the City of Rohnert Park adopted
Resolution No. 2014-032 approving an addendum to the 2006 EIR (together with the 2006 EIR
collectively called the “Updated Final EIR”); and
WHEREAS, on August 14, 2018, the City Council of the City of Rohnert Park adopted
Resolution 2018-112 approving the Tentative Map for the Bristol Development (Gee Property),
prepared by MacKay & Somps and dated November 2017 (the “Tentative Map”), subject to
certain conditions of approval (“Conditions of Approval”); and
WHEREAS, the Developer intends to file the Final Map for the Bristol Development ,
consisting of 42 single-family residential lots; and
WHEREAS, the Conditions of Approval include requirements for Developer to
reconstruct the portion of Keiser Avenue that is necessary to support access to the development;
and
WHEREAS, utilizing funding generated by it Public Facilities Fee and Water Capacity
Charge programs, the City has prepared plans and specifications for the reconstruction of Keiser
Avenue that have been approved by the Deputy City Engineer and are in conformance with the
Conditions of Approval; and
WHEREAS, the Developer has posted performance and labor and materials bonds in the
amount of Five Hundred One Thousand Three Hundred Fifty Two Dollars and No Cents
($501,352.50) for the Keiser Avenue Improvements which includes the installation of fire
hydrants on the water system, installation of a recycled water main and surface improvements to
Keiser Avenue; and
WHEREAS, the City and Developer desire to enter into a Public Improvement and Public
Facilities Fee and Water Capacity Charge Credit Agreement for the Keiser Avenue Improvements
to more thoroughly define the terms and conditions of the construction and dedication obligations
under the conditions of approval and the City’s intent to provide credit for installation of eligible
facilities in its Public Facilities Fee and Water Capacity Charge programs.
NOW, THEREFORE, BE IT RESOLVED that based on the evidence presented at the
duly noticed public meeting of September 22, 2020, the City Council of the City o f Rohnert Park
finds that the public improvements and activities were adequately described and mitigated in the
University District Specific Plan Area Updated Final EIR, and that no other CEQA analysis is
warranted.
Resolution 2020-088
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BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
does hereby approve and authorize the execution by the City Manager of the Public Improvement
and Public Facilities Fee and Water Capacity Charge Credit Agreement by and between the City
of Rohnert Park, a municipal corporation, and Keiser 42 LLC, a California Limited Liability
Company for a portion of the Keiser Avenue (the “Improvement Agreement”) in substantially
similar form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by
the Cit y Manager or City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions necessary to effectuate the terms of the Improvement Agreement.
DULY AND REGULARLY ADOPTED this 22nd day of September 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Exhibit A to Resolution
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928-2486
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
PUBLIC IMPROVEMENT AND PUBLIC FACILITIES FEE AND WATER CAPACITY
CHARGE CREDIT AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK
AND KEISER 42 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR A PORTION
OF KEISER AVENUE
This Public Improvement and Reimbursement Agreement (the "Agreement") is made and entered into on
this ______ day of ______________ 2020 (the "Effective Date") by and between Keiser 42 LLC, a
California Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California
municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as
“Party” and collectively as “Parties”.
RECITALS
A. On August 14, 2018, the City Council of the City of Rohnert Park adopted Resolution
No. 2018-112, appr oving the Tentative Map and Development Area Plan for the Bristol Development
(Gee Property), prepared by MacKay & Somps and dated November 2017 (the "Tentative Map"), subject
to certain conditions of approval (the "Conditions").
B. The Conditions require that the Developer provide improvements to Keiser Avenue as
necessary for access to its development (the “Improvements”).
C. With funding from its Public Facilities Fee Program, the City has prepared plans,
specifications and drawings for the Improvements (the “Improvement Plans”). These plans are on file in
the office of the City Engineer and have been approved as outlined below:
• City of Rohnert Park, Keiser Avenue Reconstruction Project - Phase 2, Snyder Lane to
Kerry Road (Portion), Project # 2017-18, prepared by GHD Inc, dated June 1, 2020, 58
sheets.
D. Developer intends to file the final map for the Bristol Development, consisting of 42
single-family residential lots (the “Project”) and wishes to begin the construction of the Bristol
infrastructure in advance of filing the maps.
E. City and Developer desire to enter an agreement providing for the construction and
installation of the Improvements in accordance with the plans, specification and drawings described in
Recital C.
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AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the terms and
conditions set forth in this Agreement, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and, together
with the Project approvals and the requirements of Chapter 16.16 of the RPMC, are hereby
incorporated into and form a material part of this Agreement.
2. Purpose and Effective Date
2.1 Purpose. The purpose of this Agreement is to guarantee completion of the
Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the
Conditions for the Project.
2.2 Effective Date. The Effective Date of this Agreement shall be as set forth above.
3. Property Subject to Agreement. The property which is the subject of this Agreement is
located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached
hereto (the “Property”).
4. Improvements
4.1 Duty to Install Improvements. Developer will construct, install and complete, or
cause to be constructed, installed and completed, at the Developer's sole cost and expense, the
Improvements, in accordance with the Improvement Plans (defined in Recital C. above) and to the
satisfaction of the City Engineer, in his/ her reasonable discretion. Developer will also supply all labor
and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The
construction, installation and completion of the Improvements including all labor and materials furnished
in connection therewith are hereinafter referred to collectively as the "Work."
City shall not be responsible or liable for the maintenance or care of the Improvements until City formally
approves and accepts them in accordance with its policies and procedures. City shall exercise no control
over the Improvements until approved and accepted. Any use by any person of the Improvements, or any
portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s
acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair
until they are completed by Developer and approved and accepted by City. Maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, parkways, water mains, and sewers; weed
control; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in
good and safe condition all streets and street improvements. It shall be Developer’s responsibility to
initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work
when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under
this section, City may do all work necessary for such maintenance and the cost thereof shall be the
responsibility of Developer and its surety under this Agreement. Prior to undertaking said maintenance
work, City agrees to notify Developer in writing of the deficiencies and the actions required to be taken
by the Developer to cure the deficiencies. Developer shall have thirty (30) days from the date of the
notice within which to correct, remedy or cure the deficiency. If the written notification states that the
problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four
(24) hours to correct, remedy or cure the deficiency. City shall not be responsible or liable for any
damages or injury of any nature in any way related to or caused by the Improvements or their condition
prior to acceptance.
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4.2. Completion Date. Developer will complete the Work within one year of the
Effective Date or as required by the Conditions of Approval for the Bristol Property, whichever is sooner.
All Work will be completed in a good and workmanli ke manner in accordance with accepted design and
construction practices. This completion date may be extended by the City in its sole and absolute
discretion at the request of Developer, which request shall be accompanied by a written assurance
acceptable to the City Attorney that the securities required by Section 5 shall remain enforceable
throughout the term of the extension.
4.3. Estimated Cost of Work. The estimated cost of the Work is Five Hundred One
Thousand Three Hundred Fifty Two Dollars and Fifty Cents ($501,352.50).
Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the
actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way
limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its
own cost, expense, and liability.
4.4. Modifications to the Plans. Approval of this Agreement by City does not release
Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at
any time, in the opinion of the City Engineer, in his /her reasonable discretion, the Improvement Plans are
deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as
necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted
design and construction standards.
4.5. Foreman or Superintendent. Developer shall give personal attention to the Work.
A competent foreman or superintendent, satisfactory to the City Engineer, in his/her reasonable
discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer
prior to commencement of the Work, shall be present on the Property during the performance of the
Work. Any c hange in the superintendent will require advance notification to the City Engineer and
concurrence of the City Engineer and the Engineer of Record for the Improvement Plans .
4.6. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any
encroachment permits required by the City in order to perform the Work.
4.7. Inspection: All of the Improvements shall be constructed and installed to the
satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized ag ents shall,
at all times during the construction of the Improvements, have free access to the Improvements and shall
be allowed to examine and inspect the Improvements and all material used and to be used in the
Improvements to confirm compliance with City Plans and Specifications.
4.8. Commencement of Construction and Inspection. Developer and its contractor
or subcontractors shall not commence construction of the Improvements until Developer has received
written authorization from City to proceed. Written authorization shall be in the form of signed
approved plans along with permit issuance, including any encroachment permit required to carry on
construction activities in the City's right -of-way as described in Section 4 .6. All work performed on
the Improvements shall be done in strict compliance with the City approved plans, specifications and
the contract documents and in a good and workmanlike manner. All work performed by Developer,
its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees
and costs to construct the Improvements shall be borne solely by Developer (including the applicable
Inspection Fee in accordance with the City's adopted Engineering Fee Schedule). Inspection by City
or its employees or agents shall not relieve Developer of its liability for design defects or improper
or inadequate workmanship.
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4.9. City's Inspection, Administration and Testing Costs. In accordance with its
Reimbursement Agreement with the City, Developer shall pay to City the actual cost for all inspection,
administration and testing services furnished by City in connection with this Agreement, including those
performed by consultants under contract with the City (the "City Costs"). City agrees not to double charge
Developer (through the imposition of both a processing fee and a consultant charge) for any individual
monitoring, inspection, testing or evaluation service. In addition, City agrees to limit its use of outside
consultants to those reasonably necessary or desirable, as determined by the City Manager or his/her
designee in his/her reasonable discretion, to accomplish the requisite inspection, administration and
monitoring.
4.10. No Waiver by City. Inspecting of the work and/or materials, or approval of work
and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies
with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments
thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this
Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the
failure to comply with this Agreement.
4.11. Erosion Control. Pursuant to Rohnert Park Municipal Code Chapter 15.52,
Developer shall be responsible for the control of erosion on the Property and shall prevent its entry into
the storm drainage system.
4.12. Prevailing Wages. The work of the Improvements constitutes a "public work"
as defined in the California Labor Code, section 1771, et seq ("Labor Code Regulations") because
the work is being paid for in whole or in part out of public funds. City and Developer acknowledge
that the construction of the Improvements is subject to the payment of prevailing wages . Further,
Developer agrees to defend, indemnify and hold City, its elected officials, officers, employees, and
agents free and harmless from any and all claims, damages, suits or actions arising out of or
incident to Developer's obligations under this section and the payment of prevailing wages.
4.13. Contractor Licenses. All work performed on the Improvements shall be
done only by contractors licensed in the State of California and qualified to perform the type of
work required and comply with the City's Business License Ordinance.
4.14. Repair of Work Damaged During Construction. Developer agrees to repair or
have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or
private property damaged as a result of or incidental to the Work or in connection with the development
of the Property or to pay to the property owner of any damaged road, street or property the full cost of
such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any
owner whose private property was repaired by Developer or to whom Developer has paid the full cost of
such repair in accordance with this Section 4.14. City shall be under no obligation whatsoever to accept
the Work completed un der this Agreement until such time as all repairs have been completed or have
been paid for and written acceptances have been provided to the City Engineer, except as otherwise
provided in section 4.18.1
4.15. Payments. Developer agrees that it will pay, when due, all those furnishing labor
or materials in connection with the Work. Developer further agrees that pursuant to Government Code
section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 5.1.2
of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said
liens are released by bond in compliance with Civil Code section 3143.
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4.16. Liability for Work Prior to Formal Acceptance. Until the City Council has
formally accepted the Improvements, Developer shall be solely responsible for all damage to the
work, regardless of cause, and for all damages or injuries to any person or property at the work
site, except damage or injury due to the sole negligence of City, or its employees. Developer shall
replace or repair any portion of the Improvements that have been destroyed or damaged prior to
final acceptance of completed work by the City Council or the City Engineer. Any such repair or
replacement shall be to the satisfaction and subject to the approval of the City Engineer. Developer
shall repair to the satisfaction of the City Engineer any damage to the utilities systems, concrete
work, street paving or other public improvements that may occur in connection with the
Improvements work.
4.17. Completion of Work. After Developer (a) completes the Work in accordance
with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any road, street,
or private or public property damaged as a result of the Work or pays the full cost of such repair to the
owner whose property was damaged and (c) obtains the written acceptance of such repair or payment
from any owner whose private property was repaired by Developer or to whom Developer paid the full
cost of such repair, Developer will provide City with a written notice of completion, together with copies
of all written acceptances.
4.18. Final Acceptance.
4.18.1 Notice of Completion. Within thirty (30) days of receipt of Developer's
written notification pursuant to Section 4.17 above, City Engineer shall inspect the Work and repairs and
review the written acceptances, if any, and send Developer a written notice stating whether the Work and
repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether
the written acceptances have been provided. If the Work and repair are, in the opinion of the City
Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City
Engineer will list the deficiencies that must be corrected to find the Work and repair complete and
satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances,
the City Engineer will send Developer a written notice of satisfactory completion. The requirement for
written acceptances may be waived by the City Engineer, in his/her reasonable discretion, if Developer
has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond
to Developer's written notification within thirty (30) days will not be deemed a breach or default under
this Agreement.
4.18.2 Acceptance of Improvements. After sending Developer a written notice
of satisfactory completion pursuant to Section 4.18.1, the City Engineer will recommend acceptance of
the Improvements, or a portion thereof, to the City Council. In conjunction with such recommendation,
the City Engineer will recommend the acceptance of the offers of dedication shown on the final map for
the Property. The acceptance of the Improvements, offers of dedication and right-of-way and easements,
if any, shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of
acceptance, in a form to be approved by the City Attorney, in the Official Records of Sonoma County.
4.19. Warranty Period; Repair and Reconstruction. Without limiting the foregoing,
Developer expressly warrants and guarantees all work performed under this Agreement and all materials
used in the Work for a period of one (1) year after the date of recordation of the notice of acceptance of
the improvements in accordance with Section 4.18. If, within this one (1) year period, any Improvement
or part of any Improvement installed or constructed, or caused to be installed or constructed by
Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of the
Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair,
replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement
6
to the satisfaction of the City Engineer. Should Developer fail to act promptly, by failing to repair, replace
or reconstruct work thirty (30) days after notification by City, or in accordance with this requirement, or
should the exigencies of the situation require repairs, replacements or reconstruction to be made before
Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform
the necessary reconstr uction and Developer shall pay to the City upon demand the actual cost of such
repairs, replacements or reconstruction.
4.20. Record Drawings. Upon completion of the Improvements and prior to final
acceptance by the City Council, Developer shall deliver to City one electronic file, in a format
specified by the City Engineer, and one mylar copy of "as-built" drawings. These drawings shall be
in a form acceptable to the City Engineer, shall be certified by an engineer licensed by the State of
California as to accuracy and completeness, and shall reflect the Improvements as actually
constructed, with any and all changes incorporated therein. Developer shall be solely responsible
and liable for ensuring the completeness and accuracy of the record drawings.
4.21. Ownership of Improvements. From and after acceptance of the
Improvements by formal action of the City Council, ownership of the Improvements shall be
vested exclusively in City.
5. Security.
5.1 Performance, Labor and Materials and Warranty Security. In accordance with
Sections 16.16.060 through 16.16.070 of the Rohnert Park Municipal Code, Developer will furnish and
deliver to City, within the times set forth below, the following surety bonds, each of which must be issued
by a surety company duly and regularly authorized to do general surety business in the State of California,
or an irrevocable assignment of funds or letter of credit as may be acceptable to the City Attorney.
5.1.1 Performance Security. Developer shall furnish and deliver performance security
concurrently with the execution of this Agreement, which must meet the requirements of Government
Code Section 66499.1, if applicable, and Rohnert Park Municipal Code Section 16.16.070 and be
acceptable to the City Attorney, in the amount of Five Hundred One Thousand Three Hundred Fifty Two
Dollars and Fifty Cents ($501,352.50).
The security shall be conditioned upon the faithful performance of this Agreement with respect to the
Work and shall be released by the City effective upon the date of recordation of the notice of acceptance
of the improvements as described in Section 4.18.2 and Developer's delivery of the Warranty Security
described in Section 5.1.3.
5.1.2 Labor and Materials Security. Developer shall furnish and deliver labor and
materials security concurrently with the execution of this Agreement which security must meet the
requirements of Government Code Section 66499.2, if applicable, and Rohnert Park Municipal Code
Section 16.16.070 and be acceptable to the City Attorney, in the amount of Five Hundred One Thousand
Three Hundred Fifty Two Dollars and Fifty Cents ($501,352.50).
The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to
all persons furnishing labor, materials or equipment to them. The City shall retain each security until both
(i) the City accepts the Work in accordance with Section 4.18 above and (ii) the statute of limitations to
file an action under Civil Code section 3114 et seq. has expired. After said date, the security may b e
reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for
whom claims of lien have been recorded and notice given in writing to the City Council. The balance of
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the security shall be retained until the final settlement of all such claims and obligations. If no such claims
have been recorded, the security shall be released in full by the City Engineer.
5.1.3. Warranty Security. Developer shall furnish and deliver warranty security in the
amount specified in sect ion 16.16.070 c. of the Rohnert Park Municipal Code., upon acceptance of the
Improvements and prior to release of the Performance Security, in the amount in the amount of Seventy
Five Thousand Two Hundred and Three Dollars and No Cents ($75,203.00).
The s ecurity shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work
for a period of one (1) year following the date of recordation of the notice of acceptance of the
improvements against any defective work or labor done, or defective materials furnished.
5.2. Additional Security. If either upon execution of this Agreement or during the
course of performance the City considers that it is necessary to have Developer post additional security,
the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed
by sureties satisfactory to it. The condition of the security shall be that if Developer fails to perform its
obligation under this Agreement, the City may in the case of a cash bond a ct for it using the proceeds or
in the case of a surety bond require the sureties to perform the obligations of the Agreement.
6. Indemnity and Insurance.
6.1 Indemnification. Developer agrees to indemnify, defend and hold the City, its
elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from
and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims")
arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts,
omissions, or operations under this Agreement, including, but not limited to, the performance of the
Work, whether such acts, omissions, or operations are by Developer or any of Developer's contractors,
subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence
or willful misconduct of the City. This indemnification includes, without limitation, the payment of all
penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the
reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and
costs incurred by each of them.
The aforementioned indemnity shall apply regardless of whether or not City has
prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless
of whether any insurance required under this Agreement is applicable to any Claims. The City does not
and shall not waive any of its rights und er this indemnity provision because of its acceptance of the bonds
or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City
shall survive the expiration or termination of this Agreement.
Developer agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every contractor and sub-contractor or any other person
or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the
event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees
to be fully responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder.
6.2. Insurance. Developer shall maintain Commercial General Liability Insurance
protecting the City from incidents as to bodily injury liability and property damage liability that may
occur as a result of the Work and additional repairs. Developer shall provide certificate(s) of insurance
8
and endorsements to City before any Work commences. The insurance policy shall contain, or be
endorsed to contain, the following provisions:
(1) The City, its officers, elected officials, employees, consultants, agents and
volunteers are to be covered as additional insured’s as respects to liability arising
out of activities performed by or on behalf of Developer. The covera ge shall
contain no special limitations on the scope of protection afforded to the City, its
officers, elected officials, employees, consultants, agents and volunteers.
(2) The amounts of public liability and property damage coverage shall not be less
than $3,000,000 (Three Million Dollars) per occurrence for bodily injury,
personal injury and property damage.
(3) The insurance shall be maintained in full force until the work has been completed
to the satisfaction of the City Engineer.
(4) The insurance p olicy shall provide for 30 days’ notice of cancellation to the City.
The policy shall not be cancelled earlier than nor the amount of coverage be
reduced earlier than 30 days after the City receives notice from the insurer of the
intent of cancellation or reduction.
(5) Any failure to comply with the reporting provisions of the policy shall not affect
the coverage provided to the City, its officers, elected officials, employees,
consultants, agents and volunteers.
(6) Developer's insurance coverage shall be primary insurance as respects the City,
its officers, elected officials, employees, consultants, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, elected officials,
employees, consultants, agents and volunteer s shall be in excess of Developer's
insurance and shall not contribute to it.
(7) Any deductibles or self -insured retentions must be declared to and approved by
City. At the option of City, either: (a) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City, its elected officials,
officers, employees, agents, and volunteers; or (b) Developer and its contractors
shall provide a financial guarantee satisfactory to City guaranteeing payment of
losses and related investigation costs, claims, and administrative and defense
expenses.
(8) Developer and Developer's insurance company agree to waive all rights of
subrogation against City, its officers, elected officials, employees, agents and
volunteers for losses paid under Developer's workers' compensation insurance
policy which arise from the work performed by Developer.
In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all
work must cease as of the cancellation date until replacement insurance coverage is provided.
6.3. Workers' Compensation Insurance. Developer shall provide, or cause to be
provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their
subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required
9
by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full
force and effect.
6.4. Other Insurance Requirements. Developer shall:
(1) Prior to taking any actions under this Agreement, furnish City with properly
executed certificates of insurance which shall clearly evidence all insurance
required in this section and provide that such insurance shall not be canceled,
allowed to expire or be materially reduced in coverage except on thirty (30)
days prior written notice to City.
(2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required
herein.
(3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements.
(4) Maintain all insurance required herein from the time of execution of this
Agreement until the acceptance of the Improvements.
(5) Place all insurance required herein with insurers licensed to do business in
Calif ornia .
7. Breach of Agreement; Opportunity to Cure; Remedies.
7.1. Notice of Breach and Default. The occur rence of any of the following constitutes
a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein
or abandons the Work.
(2) Developer assigns the Agreement without the prior written consent of City.
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or a receiver is appointed in the event of Developer's insolvency.
(4) Developer or Developer's contractors, subcontractors, agents or employees, fail
to comply with any terms or conditions of this Agreement.
(5) Any delay in the construction of any portion of the Work or repairs, which in the
reasonable opinion of the City Engineer, endangers public or private property.
The City may serve written notice of breach and default upon Developer and the financial institution
holding the security.
7.2. Breach of Agreement; Performance by City. If the City gives Developer notice,
under Section 7.1, of breach and default of this Agreement, the City may proceed to complete the Work
by contract or other method the City considers advisable, at the sole expense of Developer. Developer,
immediately upon demand, shall pay the costs and charges related to the Work and any subsequent
repairs. City, without liability for doing so, may take possession of and utilize in completing the Work
10
and repairs, if any, such materials and other property belonging to Developer as may be on or about the
Property and necessary for completion of the work. In the event of default, the financial institution
holding the security shall be liable to City to pay the face amount of the bonds, as specified under Section
5.
7.3. Remedies. City may bring legal action to compel performance of this Agreement
and recover the costs of completing the Work and/or repairs, if any, including City's administrative and
legal costs. Developer agrees that if legal action is brought by City under this section of the Agreement,
Developer shall pay all of the costs of suit; reasonable attorney fees, arbitration costs and such other costs
as may be determined by the court or arbitrator. No failure on the part of City to exercise any right or
remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.
8. Public Facilities Fee and Water Capacity Charge Credits .
8.1. Eligible Improvements. The Improvements eligible to receive the a fee credit (the
“Public Facilities Fee Credit”) described in this Section 8 are the installation of a recycled water main and
the surface improvements to Keiser Avenue from its intersection with Snyder Lane to approximately 640
feet east of its intersection with Snyder Lane. The Improvements eligible to receive the a charge credit
(the “Water Capacity Charge Credit ”) described in this Section 8 are the installation of two fire hydrants
along Keiser Avenue between its intersection with Snyder Lane and 600 feet east of its intersection with
Snyder Lane.
8.2. Source and Method of Credits. Subject to the limitations set forth in Section 8.6,
City shall credit Developer for the costs associated with the construction of the Keiser Avenue Surface
improvements and fire hydrant improvements as outlined in Exhibit B.
The Public Facilities Fee Credit represents reimbursement to the Developer for the costs
of the Keiser Avenue recycled water main and surface improvements that are covered by the Public
Facilities Fee, but which Developer has agreed to incur. The initial estimated total credit amount is
indicated under the "Public Facilities Fee Credit Calculation" heading in Exhibit B, attached hereto, and
shall be afforded to Developer in the form of a credit against the Public Facilities Fee that would
otherwise be applicable to the Project.
The Water Capacity Charge Credit represents reimbursement to the Developer for the
costs of the two fire hydrants that are covered by the Water Capacity Charge, but which Developer has
agreed to incur. The initial estimated total credit amount is indicated under the "Water Capacity Charge
Credit Calculation" attached hereto, and shall be afforded to Developer in the form of a credit against the
Water Capacity Charge that would otherwise be applicable to the Project
8.3. Implementation of the Credit s. Developer shall be entitled to receive both the
Public Facilities Fee Credit and the Water Capacity Charge Credit at the time of issuance of building
permits for the Bristol project. Such credit shall be personal to the Developer and shall not run to
successors and assigns unless expressly authorized to so run, in writing by the Developer.
8.4. Fee and Charge Obligation. Developer's obligation to pay the full amount of the
Public Facilities Fee and Water Capacity Charge for any development on the Bristol Project property
shall remain a debt and obligation of Developer until completion by Developer and acceptance of the
Improvements by City. In the event that the Improvements are not completed by a date two (2) years from
the Effective Date of this Agreement, any Public Facilities Fee or Water Capacity Charge previously
credited pursuant to this Agreement shall be immediately due and payable. If such fees and charges are
not paid as required, City may provide written notice to Developer of its default. If such default is not
11
corrected within 30 days from the date of written notice, Developer agrees that the amount of any unpaid
Public Facilities Fees and Water Capacity Charges may be placed upon the Bristol Project property as a
lien and special assessment. The assessment shall continue until it is paid, together with interest at the
legal maximum rate computed from the date of confirmation of the statement until payment. The
assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are
collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is
provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. In addition, City may use any other
available legal means to collect the unpaid Public Facilities Fee and Water Capacity Charge and the
choice of one remedy does not affect City's ability to use alternative remedies.
8.5 Expiration of Credit Obligation. The Public Facilities Fee and Water Capacity
Charge Credit shall be granted to Developer at the time Developer obtains building permit(s) for the
Project. City's obligation to extend Developer a credit as described herein shall continue for a total of two
(2) years from the date the Developer begins construction of the Keiser Avenue surface improvements
and the fire hydrant improvements unless the obligation is sooner satisfied. If Developer fails to complete
the Improvements within the two-year time frame, City may seek payment of the Public Facilities Fee and
Water Capacity Charges from Developer as provided in Section 8.4, above.
8.6 Maximum Credit. The total amount of the Public Facilities Fee Credit obligation
for the Improvements shall be as determined by City in accordance with the City of Rohnert Park 2011
Update to the Public Facilities Finance Plan. The Parties acknowledge and agree that the maximum credit
amount for the Keiser Avenue surface improvements is Four Hundred Seventy Seven Thousand Three
Hundred Fifty Two Dollars and Fifty Cents ($477,352.50) as more fully described in Exhibit B.
The total amount of the Water Capacity Charge Credit is based on the City’s estimate of
construction costs. The Parties acknowledge and agree that the maximum credit amount for the fire
hydrant installations is Twenty Four Thousand Dollars and No Cents ($24,000.00) as more fully
described in Exhibit B.
8.7 Areas and Quantities . The areas and quantities used to develop th ese credits are
based on the information and plans available at this time. The actual area s and quantities may change at
the time of dedication to the City and/or construction by the Developer. If it is determined by the City
Engineer that the areas and quantities have changed, the credit amount may be adjusted
9. Miscellaneous.
9.1 Compliance with Laws. Developer shall fully comply with all federal, state and
local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own
cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay
all fees and taxes required by law and make any and all deposits legally required by those public utilities
that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses,
notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.
9.2 Notices. Formal written notices, demands, correspondence and communications
between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by
next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer
indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail,
postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands,
correspondence and communications may be sent in the same manner to such persons and addresses as
either party may from time-to-time designate by next day delivery or by mail as provided in this section.
12
City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Manager
with a copy to: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Attorney
Developer: Keiser 42 LLC,
c/o Signature Homes, In c.
4670 Willow Road, Suite 200
Pleasanton, CA 94588
Attn. Stephen Miller
Notices delivered by deposit in the United States mail as provided above shall be deemed to have been
served two (2) business days after the date of deposit if addressed to an address within the State of
California, and three (3) business days if addressed to an address within the United States but outside the
State of California.
9.3 Attorney Fees. Should any legal action or arbitration be brought by either party
because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party
shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may
be determined by the court or arbitrator.
9.4 Entire Agreement. The terms and conditions of this Agreement constitute the
entire agreement between City and Developer with respect to the matters addressed in this Agreement.
This Agreement may not be altered, amended or modified without the written consent of both parties
hereto.
9.5 Runs with the Land; Recordation. This Agreement pertains to and shall run with
the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma
County.
9.6 Transfers; Assignments. Developer may assign its obligations under this
Agreement to successor owner(s) of the Site with the prior written approval of the City. In connection
with any such assignment, Developer and its assignee shall execute and deliver to City a written
assignment and assumption agreement in a form acceptable to the City Attorney.
9.7 Time is of the Essence. Time is of the essence of this Agreement and of each and
every term and condition hereof.
9.8 Severability. If any provision of this Agreement is held, to any extent, invalid,
the remainder of this Agreement shall not be affected, except as necessarily required by the invalid
provision, and shall remain in full force and effect.
9.9 Waiver or Modification. Any waiver or modification of the provisions of
this Agreement must be in writing and signed by the authorized representative(s) of each Party.
9.10 Relationship of the Parties. Neither Developer nor Developer's contractors,
subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City
and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent
13
contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and
dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation
assumed by the Parties.
9.11 Binding upon Heirs, Successors and Assigns. The terms, covenants and
conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto;
provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion
of the Property unless this Agreement has been assigned pursuant to Section 9.6, in which event this
Agreement shall remain binding upon Developer.
9.12 Governing Law; Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of California, without reference to choice of law provisions. Any
legal actions under this Agreement shall be brought onl y in the Superior Court of the County of Sonoma,
State of California.
9.13 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
9.14 Interpretation. This Agreement shall be construed according to its fair
meaning, and not strictly for or against any party. No presumptions or rules of interpretation based
upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply
to the interpretation of this Agreeme nt.
9.15 Headings. Section headings in this Agreement are for convenience only and are
not intended to be used in interpreting or construing the terms, covenants or conditions contained in this
Agreement.
9.16 Authority. Each party executing this Agreement on behalf of a party represents
and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to
bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee
has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
9.17 Joint and Several Liability. University District and Vast Oak agree to and shall
be jointly and severally liable for all obligations of Developer under this Agreement.
Signatures on Next Page
14
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
Effective Date.
Dated:
"DEVELOPER"
Keiser 42 LLC
A California Limited Liability Company
By: ____________________________
Name: Stephen Miller
Title: Executive Vice President
"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Dated: By:
City Manager
Per Resolution No. 2020-____ adopted by the Rohnert Park
City Council at its meeting of September 22, 2020.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
16
ACKNOWLEDGMENT
A notary public or other officer completing this
certifi cate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
personally appeared _______________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________
(Seal)
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EXHIBIT A
LEGAL DESCRIPTION
FOR APN/PARCEL ID(S): 045-253-009-000, 045-253-010-000, 045-253-011-000 AND 045-253-012-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROHNERT PARK,
COUNTY OF SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE (APN: 145-253-010-000):
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH,
RANGE 7, WEST, M.D.B. & M., AND BEING THAT PART OF THE "RISK TRACT", DESCRIBED IN
THAT DEED TO DAVID RISK AND OTHERS, DATED APRIL 20, 1899, AND RECORDED MAY 5, 1899
IN BOOK 184 OF DEEDS, PAGE 474, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 184 OF DEEDS, PAGE 474, INDICATED BY A STAKE MARKED "RISK",
THENCE NORTH ALONG THE WEST LINE OF THE LAND SO DESCRIBED IN THE DEED TO DAVID
RISK RECORDED IN BOOK 184 OF DEEDS, PAGE 474, A DISTANCE OF 1247.40 FEET TO A POINT
IN THE CENTER OF A 40 FOOT ROAD (KEISER ROAD); THENCE ALONG THE CENTERLINE OF
SAID ROAD, NORTH 89° 16' EAST, 405.4 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH, A DISTANCE OF 333.21 FEET TO AN IRON PIPE; THENCE EAST A
DISTANCE OF 222.8575 FEET; THENCE NORTH A DISTANCE OF 336.06 FEET TO A POINT IN THE
CENTERLINE OF KEISER ROAD; THENCE SOUTH 89°16' WEST, 222.875 FEET TO THE POINT OF
BEGINNING.
PARCEL TWO (APN: 145-253-011-000):
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH,
RANGE 7, WEST, M.D.B. & M., AND BEING THAT PART OF THE "RISK TRACT", DESCRIBED IN
THAT DEED TO DAVID RISK AND OTHERS, DATED APRIL 20, 1899, AND RECORDED MAY 5, 1899
IN BOOK 184 OF DEEDS, PAGE 474, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 184 OF DEEDS, PAGE 474, INDICATED BY A STAKE MARKED "RISK",
THENCE NORTH ALONG THE WEST LINE OF THE LAND SO DESCRIBED IN THE DEED TO DAVID
RISK RECORDED IN BOOK 184 OF DEEDS, PAGE 474, A DISTANCE OF 1247.40 FEET TO A POINT
IN THE CENTER OF A 40 FOOT ROAD (KEISER ROAD); THENCE ALONG THE CENTERLINE OF
SAID ROAD, NORTH 89° 16' EAST, 628.275 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH, A DISTANCE OF 336.06 FEET; THENCE EAST A DISTANCE OF
222.8575 FEET; THENCE NORTH A DISTANCE OF 338.91 FEET TO A POINT IN THE CENTERLINE
OF KEISER ROAD; THENCE SOUTH 89° 16' WEST, 222.875 FEET TO THE POINT OF BEGINNING.
PARCEL THREE (APN: 145-253-012-000):
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH,
RANGE 7, WEST, M.D.B. & M., AND BEING THAT PART OF THE "RISK TRACT", DESCRIBED IN
THAT DEED TO DAVID RISK AND OTHERS, DATED APRIL 20, 1899, AND RECORDED MAY 5, 1899
IN BOOK 184 OF DEEDS, PAGE 474, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 184 OF DEEDS, PAGE 474, INDICATED BY A STAKE MARKED "RISK";
THENCE NORTH ALONG THE WEST LINE OF THE LAND SO DESCRIBED IN THE DEED TO DAVID
RISK RECORDED IN BOOK 184 OF DEEDS PAGE 474, A DISTANCE OF 1247.40 FEET TO A POINT IN
THE CENTER OF A 40 FOOT ROAD (KEISER ROAD); THENCE ALONG THE CENTERLINE OF SAID
ROAD, NORTH 89° 16' EAST, 851.150 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH, A DISTANCE OF 338.91 FEET; THENCE EAST A DISTANCE OF
222.8575 FEET; THENCE NORTH A DISTANCE OF 341.76 FEET TO A POINT IN THE CENTERLINE
OF KEISER ROAD; THENCE SOUTH 89° 16' WEST, 222.875 FEET TO THE POINT OF BEGINNING.
PARCEL FOUR (APN: 145-253-009-000):
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH,
RANGE 7, WEST, M.D.B. & M., AND BEING THAT PART OF THE "RISK TRACT", DESCRIBED IN
THAT DEED TO DAVID RISK AND OTHERS, DATED APRIL 20, 1899, AND RECORDED MAY 5, 1899
IN BOOK 184 OF DEEDS, PAGE 474, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED
RECORDED IN BOOK 184 OF DEEDS, PAGE 474, INDICATED BY A STAKE MARKED "RISK";
THENCE NORTH ALONG THE WEST LINE OF THE LAND SO DESCRIBED IN THE DEED TO DAVID
RISK RECORDED IN BOOK 184 OF DEEDS, PAGE 474, A DISTANCE OF 1247.40 FEET TO A POINT
IN THE CENTER OF A 40 FOOT ROAD (KEISER ROAD); THENCE ALONG THE CENTERLINE OF
SAID ROAD, NORTH 89° 16' EAST, 1074.025 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH A DISTANCE OF 341.76 FEET; THENCE EAST, A DISTANCE OF
222.8575 FEET TO AN IRON PIPE; THENCE NORTH A DISTANCE OF 344.62 FEET TO A POINT IN
THE CENTERLINE OF KEISER ROAD; THENCE SOUTH 89° 16' WEST, 222.875 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM:
THE PORTION OF KEISER AVENUE DEDICATED TO THE CITY OF ROHNERT PARK AS
DESCRIBED IN DOCUMENT NUMBER 2020-______, SONOMA COUNTY RECORDS
Exhibit B - Public Facilities and Water Capacity Charge Credit Calculations
Assumptions:
1. Bristol constucts 640 feet of roadway (Snyder to Model Home Driveway)
2. Work includes demo, earthwork, lime treat, base rock, curb, gutter and 1st lift AC, recycled water main extension from Snyder Lane and hydrants
Length 640 feet
Item No Item Quantity Unit Unit Cost Item Cost
20% Contingency
25% Management
Total Cost per
CL Foot
1 Mobilization 10.00 %300.54$ 30.05$ 13.52$ 43.58$
2 Clear & Grub 32.00 SF 0.27$ 8.64$ 3.89$ 12.53$
3 Pavement Removal 24.00 SF 2.80$ 67.20$ 30.24$ 97.44$
4 Earthwork (curb to curb)2.51 CY 14.91$ 37.42$ 16.84$ 54.26$
5 Lime Treat (curb to curb)3.78 SY 1.16$ 4.38$ 1.97$ 6.36$
6 Pavement (3" AC/13" AB)31.00 SF 5.90$ 182.90$ 82.31$ 265.21$
7 Pavement (6"AC/18" AB)0.00 SF 6.19$ -$ -$ -$
8 2" Overlay 0.00 SF 2.39$ -$ -$ -$
479.37$
9 Mobilization 10 %76.85 7.69$ 3.46$ 11.14$
10 Curb and Gutter 2 LF 26.5 53.00$ 23.85$ 76.85$
11 Median Curb 0 LF 6.14 -$ -$ -$
12 PCC Sidewalk (6' each side)0 SF 6.14 -$ -$ -$
13 Streetlighting 0 EA 5000 -$ -$ -$
14 Landscaping (5' with 6" curb)0 SF 6.5 -$ -$ -$
15 Underground Utilities 0 LF 127.42 -$ -$ -$
87.99$
Total Cost per CL Foot 567.37$
PF Credit for 640 feet of Surface Improvements (Rounded)363,115.00$
Item No Item Quantity Unit Unit Cost Item Cost
1 8" Recycled Water Main 675 LF 146.50$ 98,887.50$
2 Tie in at Snyder 1 EA 15,350.00$ 15,350.00$
PF Credit for Reycled Water Main 114,237.50$
Item No Item Quantity Unit Unit Cost Item Cost
1 Fire Hydrants 2 EA $12,000 $24,000
Water Capacity Charge Credit $24,000
Public Facility Fee Credit
Water Capacity Charge Credit
Surface Costs
Median and Frontage Costs
Subtotal Surface Costs per CL Foot
Subtotal Median and Frontage Costs per CL Foot
Recycled Water Main (included in PF Sewer Component with RP Reuse System)
ITEM NO. 5.F.
1
Meeting Date: September 22, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Agenda Title: Adopt a Resolution Accepting the Labath Avenue, Carlson Avenue, Dowdell
Avenue and Redwood Drive Improvements and Directing Related Actions
RECOMMENDED ACTION: Adopt a Resolution Accepting the Labath Avenue, Carlson Avenue,
Dowdell Avenue and Redwood Drive Improvements and Directing Related Actions.
BACKGROUND: On July 24, 2018 the City Council adopted Resolution 2018-103, approving an
Off-Site Public Improvement , Public Facilities Fee Credit Agreement and Termination and
Supersession of a Deferred Improvement Agreement with the Rohnert Park 668 LP (Developer) for the
Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements, which was
recorded on September 10, 2018, as Instrument No. 2018064014 in Sonoma County’s Official Records
(“Improvement Agreement”). This agreement required the Developer to construct offsite roadway and
joint trench improvements necessary to support the construction of a 135 unit apartment complex. The
Developer has completed construction of the required offsite improvements to the satisfaction of the
City, obtained any applicable fee credits, and is requesting the City to accept the work and close out its
project.
ANALYSIS: Staff is requesting that the City Council authorize acceptance of the offsite
improvements including improvements to Carlson Avenue (half street width, curb, gutter, sidewalk
and landscaping), Labath and Dowdell Avenues (sidewalk and landscaping) and Redwood Drive
(utility interties) including actions related to filing of a Notice of Completion, and booking the new
assets, as well as terminating the improvement agreement after the warranty period has expired. These
actions are the final steps in transferring the developer-constructed improvements to the City, in
accordance with the Improvement Agreement.
At this time, the improvements, including all punch list work, is complete, there are no mechanics liens
and the developer has submitted the required warranty bond.
STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with Strategic Plan Goal
D – Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED: None. City acceptance of complete improvements is required by the
improvement agreement.
FISCAL IMPACT/FUNDING SOURCE: Upon acceptance, the City will receive street and
streetscape assets with an estimated value of $736,480.00. The City will be responsible for future
maintenance of these assets. Funding for the maintenance is generally provided through a Community
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 5.F.
2
Facilities District established for the Residences at Five Creek. The district is funded from a special tax
collected on the residential property in the Residences at Five Creek development.
Department Head Approval Date: 09/01/2020
Finance Director Approval Date: NA
City Attorney Approval Date: 09/08/2020
City Manager Approval Date: 09/10/2020
Attachments (list in packet assembly order):
1. Resolution Accepting the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood
Drive Improvements and Directing Related Actions.
2. Resolution Exhibit A – Notice of Completion – Labath Avenue, Carlson Avenue, Dowdell
Avenue and Redwood Drive Improvements
3. Resolution Exhibit B - Certificate of Acceptance for the Labath Avenue, Carlson Avenue,
Dowdell Avenue and Redwood Drive Improvements
4. Resolution Exhibit C – Termination of Improvement Agreement – Labath Avenue, Carlson
Avenue, Dowdell Avenue and Redwood Drive Improvements
RESOLUTION NO. 2020-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE
AND REDWOOD DRIVE IMPROVEMENTS AND DIRECTING RELATED ACTIONS
WHEREAS, on July 24, 2018, the City Council of t he City of Rohnert Park adopted
Resolution 2018-103, Authorizing and Approving an Off-Site Public Improvement , Public
Facilities Fee Credit Agreement and Termination and Supersession of a Deferred Improvement
Agreement for the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive
Improvements by and between t he City of Rohnert Park and the Rohnert Park 668 LP
(Agreement); and
WHEREAS, the Agreement was recorded on September 10, 2018 as Instrument No.
2018064014 in the Official Records of the County of Sonoma; and
WHEREAS, Rohnert Park 668 LP (Developer) has completed the construction of the
Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements in
accordance with the plans and specifications for the work, obtained applicable public facility fee
credits and has requested the City to accept the work; and
WHEREAS, the Developer has submitted cost documentation for Labath Avenue,
Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements which substantiates and
asset value of $736,480.00; and
WHEREAS, accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park authorizes and directs the City Engineer to execute and file the Notice of Completion and
related documents for the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive
Improvements, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A
which is attached to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period
associated with the recording of the Notice of Completion, the City Manager is hereby authorized
and directed to execute the Notice of Acceptance for the Labath Avenue, Carlson Avenue,
Dowdell Avenue and Redwood Drive Improvements in substantially similar form to Exhibit B ,
attached to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED THAT upon expiration of the warranty period, the City
Manager is hereby authorized and directed to execute the Acknowledgement of Completion and
Termination of the Off-Site Public Improvement , Public Facilities Fee Credit Agreement And
Termination And Supersession Of A Deferred Improvement Agreement for the Labath Avenue,
Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements, in substantially similar
form to Exhibit C, attached to this Resolution and incorporated by this reference.
BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance
Director is authorized and directed to take the actions necessary to accept the Labath Avenue,
Resolution 2020-089
2
Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements defined in the Agreement,
as a capital asset of the City with a current book value of $736,480.00.
DULY AND REGULARLY ADOPTED this 22nd day of September 2020
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT A TO RESOUTION
CERTIFICATE OF COMPLETION
LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD
DRIVE IMPROVEMENTS
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that the work and improvements hereinafter described, the contract for doing which was
entered into by and between the City of Rohnert Park and the Rohnert Park 668 LP dated August 1,
2018, was completed to my satisfaction on September 22, 2020.
That said work and improvements generally consisted of the construction of street,
sidewalk and streetscape improvements on Labath Avenue, Carlson Avenue, Dowdell Avenue
and Redwood Drive, as more particularly described in the plans and specifications approved by the
City Engineer of Rohnert Park on June 21, 2018.
DATED: _____________, 2020
____________________________________
City Engineer
EXHIBIT A TO RESOUTION
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD
DRIVE IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal
corporation located in Sonoma County, State of California, with its principal offices at City Hall,
130 Avram Avenue, Rohnert Park, California 94928 of the following:
That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the
__ day of September, 2020, did file with the City Clerk of the City of Rohnert Park, my Certificate
of Completion of the following described work, which was completed under a Public Improvement
Agreement between the City of Rohnert Park and Rohnert Park 668 LP, dated August 1, 2018 and
in accordance with the plans and specifications for said work filed with and approved by the City
Engineer.
That said work and improvements were completed on September 22, 2020 and that the
name of the surety on the contractor's bond for labor and materials on said project is Western
Surety Company (Bond No. 3004614).
That said work and improvements generally consisted of the construction street, sidewalk,
and streetscape improvements on Labath, Carlson and Dowdell Avenue and utility tie-ins on
Redwood Drive as more particularly described in the plans and specifications approved by the City
Engineer of Rohnert Park on Ju ne 21, 2018.
Dated: September _____, 2020 CITY OF ROHNERT PARK
_________________________________
Mary Grace Pawson, P.E.
City Engineer
The undersigned certifies that she is authorized to and does make this verification on behalf
of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof;
and that the undersigned declares under penalty of perjury that the foregoing is true and correct to
the best of her knowledge.
Executed on this __ day of September, 2020, at Rohnert Park, California.
CITY OF ROHNERT PARK
_________________________________
Mary Grace Pawson, P.E.
City Engineer
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
ACCEPTANCE OF LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE
AND REDWOOD DRIVE IMPROVEMENTS
WHEREAS, Rohnert Park 668 LP as owner has completed the Labath Avenue, Carlson Avenue, Dowdell
Avenue and Redwood Drive Improvements (Improvements).
WHEREAS, the purpose of the improvements is to provide street, sidewalk and streetscape improvements for
the City.
WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the
Improvements for the above described purposes.
NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby
accepts the Improvements and authorizes the City Manager to execute this acceptance.
Dated: __________________ CITY OF ROHNERT PARK
_________________________________
Darrin Jenkins
City Manager
Authorized by Rohnert Park City Council Resolution No.
2020-__ adopted on September 22, 2020.
Exhibit B to Resolution
ACKNOWLEDGMENT
State of California
County of _____________________________)
On _________________________ before me, __________________________________
(insert name and title of the officer) personally appeared __________________________
_______________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
EXHIBIT C TO RESOLUTION
WORD-LA\LNB\70378756.3 -1-
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attn: City Clerk
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF OFF-SITE PUBLIC
IMPROVEMENT, PUBLIC FACILITIES FEE CREDIT AGREEMENT
AND TERMINATION AND SUPERSESSION OF A DEFERRED IMPROVEMENT
AGREEMENT
Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements
This Acknowledgement of Completion and Termination of Off-Site Public Improvement
Agreement, Public Facilities Fee Credit Agreement and Termination and Supersession of a Deferred
Improvement Agreement (Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive
Improvements) (the "Acknowledgement") is entered into as of ______________, 2021, by the City of
Rohnert Park, a California municipal corporation (“City”), in favor of the Rohnert Park 668 LP, a
California Limited Partnership (“Developer”).
RECITALS
A.City and Developer, entered into that certain Off-Site Public Improvement Agreement, Public
Facilities Fee Credit Agreement and Termination and Supersession of a Deferred Improvement
Agreement (Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements)
recorded on September 10, 2018 as Instrument No. 2018064014 in the Official Records of Sonom a
County, California (the "Improvement Agreement ") with respect to Developer’s Residences at Fiv e
Creek Apartments (the “Property”), more particularly described in Exhibit A of the Improvement
Agreement. Initially capitalized terms not otherwise defined herein shall have the meaning given in the
Improvements Agreement.
B.City certified in that certain Notice of Completion, dated _________, 2020 and recorded on
__________, 2020 as Instrument No. 2020_________ in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on September 22, 2020. In addition, Developer has received all public facilities fee credits
contemplated in the Improvement Agreement.
C.City has no outstanding claims related to the Improvement Agreement, Improvements,
defective labor, or defective materials furnished.
D.As the Developer has completed performance under the Improvements Agreement, City
desires to record a written statement acknowledging such completion and termination.
NOW, THEREFORE, City hereby acknowledges and certifies as follows:
1.Termination of the Improvement Agreement. Developer has completed performance of the
Improvement Agreement and the Improvement Agreement is hereby deemed terminated.
EXHIBIT C TO RESOLUTION
WORD-LA\LNB\70378756.3 -2-
2.Survival. Section 7.1, Indemnity, of the Improvement Agreement shall survive termination as
set forth therein.
3.Authority. The undersigned represents and warrants that it has the full capacity, right, power
and authority to execute, and deliver this Acknowledgement, and all required actions, consents and
approvals therefor have been duly taken and obtained.
IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the
date set forth above.
CITY:
City of Rohnert Park,
a municipal corporation
By: _____________________
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2020-___
adopted on September 22, 2020
APPROVED AS TO FORM:
By: ______________________
Name: ______________________
Title: City Attorney
Attest
By: ______________________
Name: Sylvia Lopez Cuevas
Title: City Clerk
EXHIBIT C TO RESOLUTION
WORD-LA\LNB\70378756.3 -3-
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
ITEM NO. 5.G.
1
Meeting Date: September 22, 2020
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Leo Tacata, Senior Analyst
Agenda Title: Adopt a Resolution Authorizing an Agreement with Wildlife Heritage
Foundation to Fund Initial and On-Going Costs to Support Wilfred
Avenue California Tiger Salamander Maintenance Management Plan and
Authorizing the City Manager to Increase Appropriations in the FY
2020/21 Budget by $520,078 for the Project and Related Actions
RECOMMENDED ACTION:
Approve a resolution to authorize an Agreement with Wildlife Heritage Foundation to fund
initial and on-going costs to support Wilfred Avenue California Tiger Salamander Maintenance
Management Plan and authorize City Manager to increase FY 20/21 budget appropriations in the
amount of $520,078.
BACKGROUND:
On September 25, 2012, the City entered into a Joint Exercise of Powers Agreement with the
County of Sonoma and the Federated Indians of Graton Rancheria for Implementation of
Mitigation Measures for Widening Wilfred Avenue (“Wilfred JEPA”). The Wilfred JEPA
established the obligations of the City, County, and Tribe with respect to the construction and
maintenance of Wilfred Avenue west of the 2012 City limit. As part of constructing the Wilfred
Avenue Improvement Project (“Project”), the Tribe secured permits which required the
construction and maintenance of tunnels for California Tiger Salamander. Wilfred Avenue
construction was completed in 2013.
Section 6.6 of the Wilfred JEPA provides that the Tribe shall provide a maintenance fund for the
maintenance of Wilfred Avenue west of the 2012 City Limit. The initial annual payment for the
Wilfred JEPA maintenance fund was $288,214, and is escalated annually using the California
Construction Costs Index. The calculation of the maintenance costs included in Section 6.6 of
the Wilfred JEPA was established prior to the construction of the Project, and did not include
costs for the construction and maintenance of the California Tiger Salamander tunnels ultimately
required for the Project.
ANALYSIS:
As part of the permit requirements for the Project, the City was required to and has prepared a
Tiger Salamander Maintenance Management Plan (“Plan”). One required component of the Plan
is a requirement to establish a funding mechanism to support monitoring, maintenance, and
management in perpetuity.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 5.G.
2
Wildlife Heritage Foundation (WHF), headquartered in Lincoln, California, was identified by the
Tribe as an appropriate organization to manage an endowment to meet the monitoring,
maintenance and management requirements of the permit. WHF is a 501(c)(3) nonprofit
dedicated to protecting and enhancing wildlife habitat and connecting Californians to the
outdoors. WHF is a statewide land trust that preserves ecologically significant land and water
resources and engages and cooperates with land trusts, conservation organizations, public
agencies, project proponents and other land stewards that require expertise in the area of the
protection of wildlife and open space habitat in perpetuity. WHF has been accredited by the Land
Trust Alliance and is a member in good standing of the California Council of Land Trusts.
WHF developed a Property Analysis Report (PAR) which estimates the size of an endowment to
fund ongoing salamander tunnel maintenance to be $460,314.The endowme nt must mature at
least three years before its proceeds can be used to fund the monitoring, maintenance, and
management activities of the City’s Plan. The PAR calculates $54,764 to fund initial and capital
activities of the first three years of the Agreement, and an additional $5,000 in costs toward
WHF’s Legal and Enforcement Fund. The total amount of the Agreement is $520,078. The PAR
is provided as Attachment C to this staff item.
Because the contributions to the Wilfred JEPA maintenance fund did not anticipate the cost of
the establishment of the endowment, the additional burden from establishing the endowment
could leave the Maintenance Fund balance in a relatively low position. Scheduled road repair
maintenance for the next fiscal year may not have sufficient funding without using other casino
mitigation sources.
FISCAL IMPACT:
Funding is proposed to be appropriated from the Wilfred JEPA Maintenance Fund, which has
a current fund balance of $826,840. The cost of establishing an endowment in support of the
Tiger Salamander Maintenance Management Plan is not an anticipated cost. However, the
City is required to establish a permanent funding mechanism that ensures the monitoring,
maintenance, and management of the Tiger Salamander Maintenance Management Plan as a
condition of the USFWS biological opinion for the Project and related permits. Once
established, the endowment is expected to provide sufficient revenue to fund the ongoing
maintenance of the salamander tunnels along Wilfred Avenue, including repairs and the
required biological monitoring and reporting.
OPTIONS:
1. Recommended: Adopt a Resolution to amend the Wilfred JEPA Maintenance Fund to
appropriate $520,078 from fund balance to fund the establishment of an endowment to
support the Wilfred Avenue California Tiger Salamander Tunnel Maintenance
Management Plan.
2. Do not fund the proposed activities with Wilfred JEPA maintenance funds and direct
staff to return to Council with recommendations for alternative funding sources.
Finance Approval Date: 09/11/2020
City Attorney Approval Date: 09/11/2020
City Manager Approval Date: 09/14/2020
ITEM NO. 5.G.
3
Attachments:
A. Resolution
B. Agreement
C. Property Analysis Report
RESOLUTION NO. 2020-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AN AGREEMENT WITH WILDLIFE HERITAGE FOUNDATION
TO FUND INITIAL AND ON-GOING COSTS TO SUPPORT WILFRED AVENUE
CALIFORNIA TIGER SALAMANDER MAINTENANCE MANAGEMENT PLAN,
AUTHORIZING CITY MANAGER TO INCREASE FY 2020/21 BUDGET BY $520,078
FOR THE PROJECT, AND RELATED ACTIONS
WHEREAS; On September 25, 2012, the City entered into The Joint Exercise of Powers
Agreement By and Between the City of Rohnert Park (“City”), the County of Sonoma
(“County”) and the Federated Indians of Graton Rancheria (“Tribe”) for Implementation of
Mitigation Measures for Widening Wilfred Avenue (“Wilfred JEPA”); and
WHEREAS, Section 6.6 of the Wilfred JEPA provides that the Tribe make payments to
the City for the purpose of funding the maintenance of Wilfred Avenue west of the City’s 2012
city limit ; and
WHEREAS, On May 29, 2013, the United States Fish and Wildlife Service issued a
Biological Opinion for the Wilfred Avenue Improvement Project for Inclusion with the
California Tiger Salamander and Three Endangered Vernal Pool Plant Species on the South
Santa Rosa Plain (“Biological Opinion”); and
WHEREAS, the Biological Opinion requires the City to develop a conceptual Tiger
Salamander Plan (“CTS Plan”) that includes a component to establish a funding mechanism to
provide funding to support monitoring, maintenance, and management of the CTS Plan in
perpetuity; and
WHEREAS, the Wildlife Heritage Foundation is a California statewide land trust with
expertise in the area of the protection of wildlife and open space habitat in perpetuity; and
WHEREAS, the City desires to enter into an Agreement with Wildlife Heritage
Foundation to fund initial and on-going costs to support the Wilfred Avenue California Tiger
Salamander Maintenance Management Plan in the amount of $520,078.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The above recitals are true and correct and material to this Resolution.
2. The City Manager is hereby authorized and directed to execute the contract with Wildlife
Heritage Foundation in substantially similar form to Exhibit A, which is attached hereto
and incorporated by this reference, for the sum of five hundred and twenty-one thousand
seventy-eight dollars ($520,078) to fund initial and on-going costs to support the Wilfred
Avenue California Tiger Salamander Maintenance Management Plan.
3. The Finance director is authorized to increase appropriations to the Wilfred Avenue
Special Revenue Fund (177) in the amount of $520,078.
4. This Resolution shall become effective immediately.
5. All port ions 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,
Resolution 2020 -090
2
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.
DULY AND REGULARLY ADOPTED this 22 day of September, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Cuevas Lopez, City Clerk
Attachment: Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Endowment Agreement for Wilfred Avenue Improvement Project Page 1
OAK #4829-8163-0154 v1
ENDOWMENT AGREEMENT
FOR THE
WILFRED AVENUE IMPROVEMENT PROJECT
This ENDOWMENT AGREEMENT FOR THE WILFRED AVENUE IMPROVEMENT PROJECT
(“Agreement”) is made and entered into on ____________, 2020 (the “Effective Date”), by and
between the WILDLIFE HERITAGE FOUNDATION, a California nonprofit public benefit
corporation (“WHF”), and the CITY OF ROHNERT PARK (“City”). WHF and City are sometimes
referred to herein collectively as the “Parties” and each individually as a “Party.”
RECITALS
WHEREAS, in connection with the City’s Wilfred Avenue Improvement Project in the City
of Rohnert Park, County of Sonoma (the “Project”), certain state and federal regulatory
agencies have issued the following permits that set forth certain management and monitoring
requirements relating to the Project (collectively, “Permits”):
A. United States Fish and Wildlife Service (“USFWS”) Biological Opinion (File No.
08ESMF00-2013-F-0235, May 29, 2013); and
B. Incidental Take Permit (ITP) issued by the California Department of Fish and
Wildlife (“CDFW”) to City (ITP No. 2081-2012-056-03) on May 31, 2013; and
C. Amendment No. 1 to Incidental Take Permit (ITP No. 2081-2012-056-03),
issued by CDFW to City on June 18, 2013; and
D. Department of the Army Permit (No. 2013-00011N), issued by the U.S. Army
Corps of Engineers (“ACOE”), dated May 31, 2013.
WHEREAS, the Permits require the City to undertake certain management, mitigation,
and monitoring activities as set forth in the following documents (collectively, the
“Management Plans”):
A. Conceptual Tiger Salamander Tunnel Implementation and Management Plan,
Wilfred Avenue Improvement Project (Corps File No. 2013-00011N; USFWS
File No. 81420-2008-F-0261), prepared for the City, June 2013; and
B. City of Rohnert Park, Department of Public Works, Wilfred Avenue
Maintenance Management Plan, June 21, 2019.
WHEREAS, WHF is: (a) a California nonprofit public benefit corporation exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code (“Code”), and (b) qualified to
Endowment Agreement for Wilfred Avenue Improvement Project Page 2
OAK #4829-8163-0154 v1
hold endowments pursuant to California Government Code sections 65965-65968 (a “Qualified
Charitable Conservation Organization”).
WHEREAS, the Property Analysis Record, dated August 24, 2020 attached to this
Agreement as Attachment A sets forth all of the costs, fees, and expenses for the City’s
management, maintenance, monitoring, and other activities set forth in the Management Plan
(“PAR”).
WHEREAS, the City desires to fund, and WHF to hold and manage, an endowment to
cover the costs of City’s management, maintenance, monitoring, and other activities, in perpetuity, as
required by the Permits and set forth in the Management Plan, subject to the terms and conditions
of this Agreement.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises made herein, the Parties
agree as follows:
1. NAME OF FUND. There is hereby established in WHF, and a part thereof, a fund
designated as the “Wilfred Avenue Endowment Fund” (the “Fund”) to receive contributions in
the form of money, and to administer the same.
2. PURPOSE. The purpose of the Fund shall be to fund the management,
maintenance, monitoring, and other activities conducted by City in accordance with the
Management Plan commencing upon the Effective Date (collectively, the “Management
Activities”), which Management Activities City hereby agrees to undertake.
3. FUNDING.
A. Within sixty (60) days of the Effective Date, City shall transfer to WHF the
following amounts in immediately available funds for the following purposes:
(i) The sum of Fifty-Four Thousand Seven Hundred Sixty-Four Dollars
($54,764) (the “Initial Capital Account”) to fund the Management Activities undertaken
by City and endowment management costs incurred by WHF during the three year
period immediately following the date City funds the Initial Capital Account with WHF
(the “Initial Management Period”); and
Endowment Agreement for Wilfred Avenue Improvement Project Page 3
OAK #4829-8163-0154 v1
(ii) The sum of Four Hundred Sixty Thousand Three Hundred
Fourteen Dollars ($460,314) (the “Permanent Endowment”) to fund the Management
Activities undertaken by City and endowment management costs incurred by WHF in
perpetuity following expiration of the Initial Management Period (the “Perpetual
Endowment Period”); and
(iii) The sum of Five Thousand Dollars ($5,000) (the “Legal Funds”) to
fund WHF’s legal and emergency fund.
B. Initial Capital Account. No distribution shall be made from the Initial
Capital Account for any purpose unrelated to, or unconnected with the following for costs
incurred during the Initial Management Period: (i) expenditures of City to perform the
Management Activities during the Initial Management Period; and (ii) the fees and expenses set
forth in Section 12 of this Agreement. Any amount remaining in the Initial Capital Account
following completion of the Initial Management Period shall be transferred to the Permanent
Endowment.
C. Permanent Endowment. No distribution shall be made from the
Permanent Endowment for any purpose unrelated to, or unconnected with the following during
the Perpetual Endowment Period: (i) expenditures of City to perform the Management
Activities during the Perpetual Endowment Period; and (ii) the fees and expenses set forth in
Section 12 of this Agreement.
D. Legal Funds. The Legal Funds paid to WHF shall be made immediately
available to WHF and shall not be managed or administered as part of the Permanent
Endowment. The Legal Funds are not included in, nor shall they be added to, or administered
as part of, the Permanent Endowment.
E Additional Funding. WHF has the discretion to accept, but not require,
additional funds acceptable to WHF from time to time from City and from any other individuals,
entities, and other sources to be added to either the Fund, all subject to the provisions hereof;
provided, that WHF shall not be responsible for undertaking or paying any costs for any
activities not contemplated by the Management Plan without having received additional
funding to cover those costs. All grants, bequests, and devises to WHF shall be irrevocable once
accepted by WHF and shall satisfy any and all obligations related to the Fund.
Endowment Agreement for Wilfred Avenue Improvement Project Page 4
OAK #4829-8163-0154 v1
4. PROPERTY ANALYSIS REPORTS; PRIORITIZATION.
A. PAR. The Parties hereby agree and acknowledge that the PAR represents
a good faith estimate by the Parties of the costs of the Management Activities required under
the Management Plan in a typical year as of the Effective Date; (ii) the City will follow adaptive
management practices in undertaking the Management Activities, which may require the
expenditure of varying amounts of funds on the items listed in the PAR in any given year; (iii)
the amounts listed in the PAR are not intended to be a “floor” or a “ceiling” of annual costs for
the various items listed in the PAR; and (iv) the costs listed in the PAR are estimates based on
the Management Plan as of the Effective Date, and the cost to perform the items listed in the
PAR are likely to increase over time, as a matter of course, due to inflation. Notwithstanding
any contrary provision herein, in no event shall the PAR be deemed to limit WHF’s ability to
fund any permitted activities so long as such funds are used in accordance with Section 2
above.
B. Prioritization. Due to unforeseen circumstances, prioritization of tasks,
including tasks resulting from new requirements, may be necessary if insufficient funding is
available in the Fund to accomplish all Management Activities. If task prioritization is required
with regards to the Management Activities, the Parties shall meet to discuss and approve task
priorities and funding availability to determine which tasks will be implemented. In general,
tasks shall be prioritized in the following order: (i) as duly required by a Regulatory Agency or
any other local, state, or federal agency with jurisdiction over the Permits; (ii) as necessary to
maintain or remediate habitat quality; and (iii) to tasks that monitor resources, particularly if
past monitoring has not shown downward trends. Equipment and materials necessary to
implement priority tasks also will be considered priorities.
5. DISTRIBUTIONS.
A. Distributions. Upon full funding of the Fund, as set forth in Section 3
above, the annual earnings allocable to the Fund, net of the fees and expenses set forth in
Section 5.B.(v) and Section 12 below, shall be committed, granted or expended solely for the
purposes of the Fund as set forth in Section 2 above. No distribution shall be made from the
Fund to any individual or entity if, in the judgment of WHF, such distribution will endanger
WHF’s tax exemption status with any taxing authority. Except as permitted under law, WHF
shall not make a distribution from the Fund if such distribution would endanger the principal of
the Fund or the Fund’s capacity to generate earnings adequate to fulfill its purpose. It is
intended by the foregoing that at the time a distribution is made from the Fund, the
distribution must be made solely for the purposes set forth in this Agreement.
Endowment Agreement for Wilfred Avenue Improvement Project Page 5
OAK #4829-8163-0154 v1
B. Payments. WHF shall make distributions from the Fund annually, in
arrears, in accordance with the following guidelines:
(i) Annual distributions to City shall be made on or before
December 31 in the amount equal to the costs incurred by City during the immediately
preceding twelve-month period ending September 30 that are consistent with the PAR.
(ii) Amounts specified in the PAR for Management Activities shall be
subject to annual adjustment for inflation based upon the most recent Consumer Price
Index All Urban Consumers, All Items, 1982-1984=100 (“CPI”). The annual invoiced
amount in most years is expected to be less than the annual costs calculated in the PAR,
such that a maximum amount will remain for investment in the Fund, allowing for larger
annual costs periodically in years when large capital improvements are required. In
years when larger distributions are required, WHF can distribute such amount to the
extent such amount is consistent with the Management Plan and the PAR. WHF shall
not be obligated to disburse any amounts that will jeopardize the principal amount of
the Fund or WHF’s tax exemption status.
(iii) In the case of emergencies or unforeseen funding needs, WHF
may make an additional disbursement at any time during the year as long as such
distribution: (a) is consistent with the PAR, and (b) is offset by savings on other items in
the PAR, and (c) would not jeopardize the principal amount of the Fund or WHF’s tax
exemption status.
(iv) On or before March 31 of each year, WHF shall provide USFWS,
CDFW, ACOE, and City an activity report for the immediately preceding calendar year
which details the beginning and ending balance of the Fund, and deposits,
disbursements, fees, earnings, gains, losses, and other investment activity accruing to
the Fund (the “Activity Report”), and within sixty (60) days of completion of WHF’s
annual financial statements audited by independent certified public accountants, WHF
shall provide to USFWS, CDFW, ACOE, and City a copy of such audited financial
statements (the “Audited Financial Statements”).
(v) WHF shall make distributions to itself, on an annual basis, to cover
the following: (i) costs to administer the Funds; and (ii) WHF’s costs in managing the
Fund, to the extent such costs are consistent with the PAR.
Endowment Agreement for Wilfred Avenue Improvement Project Page 6
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6. VARIANCE. If (a) WHF ceases to be an organization that is legally qualified to
hold the Fund, proposes to dissolve, or becomes bankrupt, or (b) the Fund is dissolved, or
(c) this Agreement is terminated; the assets of the Fund, after payment or making provisions for
payment of any liabilities properly chargeable to the Fund or properly payable to WHF, the
Fund pursuant to this Agreement, shall be distributed to an qualified organization designated
by City, which qualified organization shall accept in writing the terms of this Agreement as a
condition to the distribution. For purposes of this Section, “bankruptcy” shall include (a) the
filing of a voluntary petition under any federal or state law for the relief of debts; (b) the
continued pendency of an involuntary proceeding under any such law on the 90th day after its
filing, or the entry of an order for relief under any such involuntary proceeding, whichever
occurs first; (c) the making of a general assignment for the benefit of WHF’s creditors; and
(d) the seizure by a sheriff, receiver, or trustee of a substantial portion of WHF’s assets.
7. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the
contrary, WHF shall hold the Fund, and all contributions to the Fund, subject to the provisions
of the applicable federal and California laws, and WHF’s Articles of Incorporation, Bylaws, and
“Endowment Management Policy” adopted by WHF’s board of directors. WHF’s Board of
Directors shall monitor the distribution of the funds maintained in the Fund and shall have all
powers of modification specified in the United States Treasury Regulations under Code
Section 170. Specifically, WHF shall have the right to modify any restriction or condition on the
distribution of funds where that restriction or condition becomes unnecessary, incapable of
fulfillment, or inconsistent with the purposes of this Agreement.
8. AMENDMENT. Any amendment of this Agreement requires the written
agreement of City and WHF. If required by policy or practice of such office, the written
concurrence of the California Attorney General’s office, Registrar of Charitable Trusts, shall also
be secured.
9. ACCOUNTING. The receipts and disbursements of the Fund shall be accounted
for separately and apart from each other and from other management and endowment funds
of WHF.
10. INVESTMENT OF FUNDS. WHF shall discharge its duties with respect to the Fund
with the care, skill, prudence, and diligence under the circumstances then prevailing, which
persons of prudence, acting in a like capacity and familiar with such matters, would use in the
conduct of an enterprise of a like character and with like aims, and shall exercise wise and
prudent investment strategies. WHF shall have all powers necessary or, in its sole discretion,
Endowment Agreement for Wilfred Avenue Improvement Project Page 7
OAK #4829-8163-0154 v1
desirable to carry out the purposes of the Fund, including, but not limited to, the power to
retain, invest, and reinvest the Fund and the power to commingle the assets of the Fund with
those of other funds for investment purposes. However, WHF shall separately account for the
balance of the Fund from other balances of all other accounts maintained or managed by WHF.
In the investment and management of the Funds, WHF shall act in accordance with the
standard set out in California Probate Code Section 18501, et seq. (the “Uniform Prudent
Management of Institutional Funds Act”). However, City and WHF acknowledge that the Fund
may suffer an investment loss causing a reduction of the Fund’s principal from time-to-time
through no fault of WHF. An investment loss of any amount of the Fund is not the
responsibility of WHF, provided WHF acted in accordance with WHF’s duty to prudently invest
the amounts in the Fund according to the standard set out in the Uniform Prudent
Management of Institutional Funds Act. However, City is not responsible for any investment
loss of any amount and shall have satisfied its obligation to fund the Fund by making the
contributions described in Section 3 of this Agreement. WHF is authorized to allocate receipts
and expenses between principal and income accounts according to the California Uniform
Principal and Income Act, as amended (the “CUPIA”). WHF will determine how to allocate
receipts or expenses that are not governed by the CUPIA. Nothing stated herein shall create an
obligation of WHF to supplement funds set forth in Section 3 of this Agreement as a result of
any losses that may be sustained to the Fund.
11. COSTS OF THE FUND. It is understood and agreed that the Fund shall bear a
reasonable and fair portion of the total investment and administrative costs, fees, and expenses
incurred by WHF.
12. GOVERNING LAW; CONSTRUCTION. This Agreement shall be governed by the
laws of the State of California and the United States of America, as applicable. The headings
and captions of Articles and Sections used in this Agreement are for convenience only, and this
Agreement shall be interpreted without reference to any headings or captions. Similarly, the
presence or absence of language in prior drafts of this document shall not be used to interpret
any provision hereof. This Agreement has been prepared and revised by attorneys for all of the
Parties, so any rule of law or construction that ambiguities are to be construed against the Party
responsible for drafting shall not apply.
13. NOTICES. All notices, requests, demands, and other communications required by
the Agreement shall be in writing and shall be deemed to have been duly given on the date of
service if served personally (or by electronic mail) on the party to whom notice is to be given, or
upon delivery, or rejection of delivery, if mailed to the party to whom notice is to be given, by
Endowment Agreement for Wilfred Avenue Improvement Project Page 8
OAK #4829-8163-0154 v1
overnight mail or first class mail, registered or certified, postage prepaid, or upon delivery, or
rejection of delivery, if sent by recognized overnight courier, and properly addressed as follows:
CITY: City of Rohnert Park
Attention: Leo Tacata, Senior Analyst
City of Rohnert Park
130 Avram Ave
Rohnert Park, CA 94928
Email: ltacata@rpcity.org
WHF: Wildlife Heritage Foundation
Attention: Darla Guenzler, Executive Director
563 Second Street, Suite 120
Lincoln, CA 95648
Email: darla@wildlifeheritage.org
Any Party may change its address for purposes of this Section by giving the other Party written
notice of the new address in the manner set forth above.
14. ENTIRE AGREEMENT; RECITALS; AMENDMENT. This Agreement constitutes the
entire agreement between the Parties, and supersedes all prior agreements, whether oral or in
writing. The Recitals to this Agreement are incorporated into the Agreement by this reference.
This Agreement may be amended only in writing and pursuant to Section 8.
15. WAIVER. No provision of this Agreement may be waived except in a written
instrument signed by the Party who is entitled to the benefit of said provision. No waiver of
any of the provisions of this Agreement shall constitute a waiver of any other provision nor shall
any waiver constitute a continuing waiver.
Endowment Agreement for Wilfred Avenue Improvement Project Page 9
OAK #4829-8163-0154 v1
16. CONSTRUCTION.
A. References to any provision of the Internal Revenue Code shall be
deemed references to the U.S. Internal Revenue Code of 1986 as the same may be amended
from time to time and the corresponding provision of any future U.S. Internal Revenue Code.
B. It is intended that nothing in this Agreement shall affect the status of
WHF as an entity that is a Qualified Charitable Conservation Organization. This Agreement shall
be interpreted in a manner consistent with the foregoing intention and so as to conform to the
requirements of the Internal Revenue Code and any regulations issued pursuant thereto
applicable to the intended status of WHF.
17. SEVERABILITY. If any provision of this Agreement is held to be unlawful or invalid
by any court of law with duly established jurisdiction over this Agreement, the Parties intend
that the remainder of this Agreement shall remain in full force and effect notwithstanding the
severance of the unlawful or invalid provision(s).
18. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which shall be considered an original, but all of which together shall constitute one and
the same instrument.
19. COOPERATION. The Parties will cooperate in good faith to achieve the objectives
of this Agreement and to avoid disputes. The Parties will use good faith efforts to resolve
disputes at the lowest organizational level and, if a dispute cannot be so resolved, the Parties
will then elevate the dispute to the appropriate officials within their respective organizations.
20. AUTHORITY. Each person signing this Agreement on behalf of a Party to this
Agreement warrants to the other that its respective signatory has fully right and authority to
enter into and consummate this Agreement and the transactions contemplated hereby.
21. CONSTRUCTION OF AGREEMENT. The provisions contained herein shall not be
construed in favor of or against any of the Parties to this Agreement but shall be construed as if
each of the Parties prepared this Agreement.
22. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and shall
inure to the benefit of the Parties, their permitted successors and assigns.
Endowment Agreement for Wilfred Avenue Improvement Project Page 10
OAK #4829-8163-0154 v1
23. REMEDIES. No remedy or election hereunder shall be deemed exclusive, but
shall, whenever possible, be cumulative with all other remedies at law or in equity.
24. NECESSARY FURTHER ACTS. Each Party to this Agreement agrees to perform any
further acts and execute and deliver any documents that may be reasonably necessary to carry
out the intent of this Agreement.
25. TIME IS OF THE ESSENCE. Time and each of the terms, covenants and conditions
of this Agreement are expressly made of the essence.
26. ELECTRONIC SIGNATURES. The Parties hereto agree that if this Agreement is
transmitted electronically, the electronic transmittal of the execution signatures shall be
treated as original signatures and given the same legal effect as an original signature.
[Signatures follow]
Endowment Agreement for Wilfred Avenue Improvement Project Page 11
OAK #4829-8163-0154 v1
IN WITNESS WHEREOF, CITY and WHF have each executed this Agreement by a duly
authorized representative, effective as of the day and year first above written.
CITY:
CITY OF ROHNERT PARK
By ____________________________________
Name: ______________________________
Title: _______________________________
Date __________________________________
WHF:
WILDLIFE HERITAGE FOUNDATION,
a California nonprofit public benefit corporation
By ____________________________________
Darla Guenzler, Executive Director
Date __________________________________
OAK #4829-8163-0154 v1
563 Second Street, Suite 120 | Lincoln, CA 95648 | www.wildlifeheritage.org | 916.434.2759
563 Second St., Ste. 120
Lincoln, CA 95648
916.434.2759
www.wildlifeheritage.org
August 24, 2020
Leonardo Tacata, Jr., Senior Analyst
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Dear Leo,
Thank you for the opportunity to assist the City of Rohnert Park (“City”) in
meeting its mitigation responsibilities associated with the Wilfred Avenue
Improvement Project.
As requested, we have prepared a financial analysis – often referred to as a
Property Analysis Report or “PAR” – for the project. This memo outlines the
basic assumptions, tasks, and respective responsibilities for the project insofar
as it supports the financial analysis for the project.
THE PROJECT
Key Characteristics of the Project. Located in the County of Sonoma, the project
site consists of the installation and ongoing maintenance of twelve tunnels
under Wilfred Avenue between Langner Avenue and Stony Point Road (0.85
mile). The purpose of the tunnels is to facilitate the safe movement of the
California Tiger Salamander (“CTS”) between the agricultural fields on the north
and south sides of Wilfred Avenue. The tunnel system consists of twelve grated
tunnels embedded in the roadway and directional fencing on both sides of the
roadway to guide the CTS into the grated tunnels.
The primary tasks are to:
inspect and clear debris from the tunnels
monitor, maintain, and replace (as needed) the tunnels and fencing
manage vegetation and collect trash on both sides of the road to prevent
obstacles to CTS movement
adapt these tasks, including the addition of other tasks, as needed
There is no permanent protection of land (such as a conservation easement) for
this project. Instead, the goal is to ensure that the necessary tasks can be
completed in perpetuity through a combination of designated responsibilities
and sufficient funding for selected tasks.
563 Second Street, Suite 120 | Lincoln, CA 95648 | www.wildlifeheritage.org | 916.434.2759
Roles and Responsibilities. Below are the key parties’ roles and responsibilities:
City of Rohnert Park (“City”) has a leading and enduring role in the project. The project
imposes the obligation to implement all the primary tasks delineated above.
Biological Consultant (“Bio Consultant”) is to be engaged by the City to participate in all
activities to ensure that CTS are not harmed in the process of these activities. The Bio
Consultant must have the appropriate permits to handle CTS issued by the California
Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.
Wildlife Heritage Foundation (“WHF”) will hold the initial funds and permanent endowment
funds. WHF will hold, manage, invest, and disburse the funds consistent with the PAR,
management plans, and Endowment Agreement. WHF will conduct an annual visual
inspection to verify that the management activities appear to be occurring. WHF’s
responsibilities will begin immediately upon receipt of the funding.
KEY FACTORS AND ASSUMPTIONS
After an initial meeting with you in the Fall of 2019, WHF agreed to prepare a financial analysis and
endowment agreement for the project.
To prepare the attached PAR, our Senior Biologist conducted a site visit with a representative of the
City’s Department of Public Works. We had multiple conference calls with City staff, and we
reviewed the following documents:
•Conceptual Tiger Salamander Tunnel Implementation and Management Plan, Wilfred Avenue
Improvement Project, Corps File No. 2013‐00011N, Service File No. 81420‐2008‐F‐0261, Santa
Rosa Plain, Sonoma County, California. Huffman‐Broadway Group, Inc. June 2013.
•Wilfred Avenue Maintenance Management Plan. City of Rohnert Park, Department of Public
Works. [unknown date]
•Endowment Costs for Implementation of Golf Course Drive CTS Tunnel Long‐Term
Management Plan. Huffman‐Broadway Group, Inc. May 2015.
•Biological Opinion of the Wilfred Avenue Improvement Project (Corps File No. 2013‐000 11N)
for Inclusion with the California Tiger Salamander and Three Endangered Vernal Pool Plant
Species on the Santa Rosa Plain, California, Programmatic Consultation (Service File No.
81420‐2008‐F‐0261). U.S. Fish and Wildlife Service. May 29, 2013.
•Incidental Take Permit for the Wilfred Avenue Improvement Project. Incidental Take Permit
No. 2081‐2012‐056‐03. California Department of Fish and Wildlife. May 31, 2013.
563 Second Street, Suite 120 | Lincoln, CA 95648 | www.wildlifeheritage.org | 916.434.2759
Amendment No. 1 to Incidental Take Permit for the Wilfred Avenue Improvement Project.
Incidental Take Permit No. 2081‐2012‐056‐03. California Department of Fish and Wildlife.
June 18, 2013.
Securing the ability to meet the long‐term funding needs of the project rests on three fundamental
assumptions:
1. The City holds a perpetual responsibility to implement the tasks identified on page 1 (above).
It may use its own staff or sub‐contract for this work by qualified individuals.
2. The City must provide all the funds needed for its own work or contractors for implementing
the monitoring, maintenance, and replacement of the infrastructure and other tasks such as
vegetation management and debris collection. The only exceptions to the City’s financial
responsibility are addressed by the following point.
3. The City will provide funding to WHF to establish, hold, and manage an initial fund and an
endowment to cover certain long‐term costs. These costs are for the services of a qualified
consultant to conduct biological monitoring during monitoring and maintenance activities as
well as WHF’s services as endowment manager.
PAR CALCULATIONS
The attached PAR delineates the applicable costs identified in the management plans, from
knowledge of the site, and WHF’s management experience. It has the following elements:
1. Initial and Capital Costs (Section 14) are for the first three years of stewardship to avoid
drawing on the permanent endowment. Most items are identical to the long‐term expenses
as the tasks are the same. However, some expenses are not expected to occur within the first
three years and are excluded. These Initial funds are held in a temporarily restricted account.
Any funds that were received from the City but that remain at the end of the period will be
transferred into the endowment account.
2. Annual Ongoing Costs (Section 15) these are the annual expenses, including amortized
amounts for expenses that do not occur each year but must be earned and saved to meet
periodic expenses. The sum is capitalized at 3.5% to produce the sum needed as the principle
in a permanently‐restricted fund – also called an “endowment”. The endowment will be
invested and managed to produce revenue. The revenues support annual disbursements,
less‐than‐annual disbursements, and inflation savings to maintain the buying power of the
fund. The contingency sums are held in the account for unanticipated expenses related to
achieving the conservation objectives of the project.
563 Second Street, Suite 120 | Lincoln, CA 95648 | www.wildlifeheritage.org | 916.434.2759
3. Summary (Section 16), as the name suggests, this table summarizes the figures from Sections
14 and 15 and shows the amount of required endowment. Section 16 also contains funding
for legal defense and enforcement. Upon receipt, the defense sum will be transferred to
WHF’s legal and enforcement fund which is held and managed as a temporarily restricted
account.
The anticipated expenses are delineated and summarized in the attached tables. The amount to be
conveyed by the City to WHF are:
54,764 Initial and Capital – Section 14
460,314 Endowment Principle – Section 15
5,000 Legal and Enforcement Fund – Section 16
520,078 Total
CONCLUSION
Thank you for the opportunity to assist with this project. It has been a pleasure to work with you to
understand the project and develop a shared understanding of its funding needs.
Please do not hesitate to contact us with any questions you may have. We are always happy to
discuss any aspect.
Best regards,
WILDLIFE HERITAGE FOUNDATION
Darla Guenzler
Executive Director
Section 14 ‐ Initial & Capital Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County)8/24/2020
Note Task Specific Cost/ Annual Times Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
Habitat Monitoring
1 Tunnel and Fencing
Monitoring, Annual
City staff monitor tunnel
and fencing, winter
(after 1" rain)
3 0.00
2 Tunnel and Fencing
Monitoring, Annual
City staff monitor tunnel
and fencing, May ‐ June
3 0.00
3 Tunnel and Fencing
Monitoring, Annual
Biological monitoring
during monitoring,
winter and May‐June
Hours 10.0 150.00 1,500.00 3 4,500.00
4 Tunnel Maintenance to
Remove Obstructions
Annual removal of
obstructions
3 0.00
5 Tunnel Maintenance to
Remove Obstructions
Biological monitoring
during obstruction
removal
Hours 14.0 150.00 2,100.00 3 6,300.00
6 Sub‐Total 10,800.00
7
8 Tunnel Maintenance
9 Tunnels (in‐road and
roadside entrance),
Maintenance
Periodic maintenance ‐
contractor
3 0.00
10 Tunnels (in‐road and
roadside entrance),
Maintenance
Periodic maintenance ‐
city staff monitoring of
contractor
3 0.00
11 Tunnels (in‐road and
roadside entrance),
Maintenance
Periodic maintenance ‐
biological monitoring
Hours 8.0 150.00 1,200.00 3 3,600.00
12 Sub‐Total 3,600.00
13
14 Directional Fencing Maintenance
15 Fencing Maintenance Maintenance by
contractor
3 0.00
16 Fencing Maintenance Monitoring by City staff 3 0.00
17 Fencing Maintenance Biological monitoring by
consultant
Hours 8.0 150.00 1,200.00 3 3,600.00
18 Fencing Maintenance Engaging contract
services
1 0.00
19 Sub‐Total 3,600.00
20
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six
months from the date of this document.
Section 14 ‐ Initial & Capital Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County)8/24/2020
Note Task Specific Cost/ Annual Times Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
21 Site Maintenance
22 Trash and Debris
Inspection
Inspect for trash and
debris
6 0.00
23 Trash and Debris
Removal
Pick‐up and remove
trash, routine items
3 0.00
24 Trash and Debris
Removal
Pick‐up and remove
trash, large materials
1 0.00
25 Trash and Debris
Removal
Pick‐up and remove
trash, dumping fee for
large materials
1 0.00
26 Vegetation Inspection Inspect vegetation for
amount, density, types
3 0.00
27 Vegetation Management
and Clearance
Hand/hand tool removal
of vegetation
3 0.00
28 Sub‐Total 0.00
29
30 Planning
31 Develop Adaptive
Management Plan for
Drainage, Tunnel and/or
Fencing
Consulting services to
prepare draft
Hours 12.0 150.00 1,800.00 1 1,800.00
32 Develop Adaptive
Management Plan
Project engineer
develops engineering
portion of plan
1 0.00
33 Coordinate Adaptive
Management Plan
Development
City staff coordinates all
parties
1 0.00
34 Assist with Agency
Coordination of Plan
Consulting services 8.0 150.00 1,200.00 1 1,200.00
35 Develop Annual Work
Plan and Budget
Prepared by city staff 3 0.00
36 Sub‐Total 3,000.00
37
38 Reporting
39 Annual Monitoring /
Maintenance Report
Preparation by
consultant
Hours 12.0 150.00 1,800.00 3 5,400.00
40 Annual Monitoring /
Maintenance Report
Review by city staff 3 0.00
41 Annual Monitoring /
Maintenance Report
Finalize report and
coordinate with agencies
and endowment holder
Hours 4.0 150.00 600.00 3 1,800.00
42 Sub‐Total 7,200.00
43
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six
months from the date of this document.
Section 14 ‐ Initial & Capital Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County)8/24/2020
Note Task Specific Cost/ Annual Times Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
44 Administration and Project Management
45 Bookkeeping City staff 1 0.00
46 Accounting Report and
Invoice Preparation
City staff 1 0.00
47 Project Record Keeping City staff 1 0.00
48 Manage contractors;
prepare and execute
contracts
City staff 1 0.00
49 Staff Management City staff 1 0.00
50 Sub‐Total 0.00
51
52 Endowment Management
53 Site Inspection Site inspection L. Hours 8 100.00 800.00 3.0 2,400.00
54 Insurance Insurance Annual 1 225.00 225.00 3.0 675.00
55 Audit Audit cost‐share Annual 1 400.00 400.00 3.0 1,200.00
56 Project Management Communication with City
staff, review reports
Annual 2 100.00 200.00 3.0 600.00
57 Project Accounting Accounting services L. Hours 12 80.00 960.00 3.0 2,880.00
58 Investment Management Investment management L. Hours 0.0025 1,000,000 2,500.00 3.0 7,500.00
59 Annual Financial Report CE report L. Hours 12 100.00 1,200.00 3.0 3,600.00
60 Administration Copies, Postage, Phone,
etc.
Percentage 0.03 188.55 188.55 3.0 565.65
61 Sub‐Total 19,420.65
62
63 Subtotal 47,620.65
64 General Contingency 15%7,143.10
65 Total Initial & Capital Costs 54,763.75
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six
months from the date of this document.
Section 15 ‐ Ongoing Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County) 8/24/2020
Note Task Specific Cost/ Annual Divide Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
1 Habitat Monitoring
2 Tunnel and Fencing
Monitoring, Annual
City staff monitor tunnel and
fencing, winter (after 1" rain)
1 0.00
3 Tunnel and Fencing
Monitoring, Annual
City staff monitor tunnel and
fencing, May ‐ June
1 0.00
4 Tunnel and Fencing
Monitoring, Annual
Biological monitoring during
monitoring, winter and May‐
June
Hours 10.0 150.00 1,500.00 1 1,500.00
5 Tunnel Maintenance to
Remove Obstructions
Annual removal of obstructions 1 0.00
6 Tunnel Maintenance to
Remove Obstructions
Biological monitoring during
obstruction removal
Hours 14.0 150.00 2,100.00 1 2,100.00
7 Sub‐Total 3,600.00
8
9 Tunnel Maintenance
10 Tunnels (in‐road and
roadside entrance),
Maintenance
Periodic maintenance ‐
contractor
1 0.00
11 Tunnels (in‐road and
roadside entrance),
Maintenance
Periodic maintenance ‐ city
staff monitoring of contractor
1 0.00
12 Qualified Biologist Present
for all Tunnel
Maintenance
Periodic maintenance ‐
biological monitoring
Hours 8.0 150.00 1,200.00 5 20% 288.00
13 Tunnels (in‐road and
roadside entrance),
Replacement
Replacement, contractor 20 0.00
14 Tunnels (in‐road and
roadside entrance),
Replacement
Replacement, biological
monitoring
20 0.00
15 Tunnels (in‐road and
roadside entrance),
Replacement
Replacement, city 20 0.00
16 Qualified Biologist Present
for all On‐site Activities
Biological monitoring for
periodic replacement
Hours 24.0 150.00 3,600.00 20 180.00
17 Sub‐Total 468.00
18
19 Directional Fencing Maintenance
20 Fencing Maintenance Maintenance by contractor 1 0.00
21 Fencing Maintenance Monitoring by city staff 1 0.00
22 Fencing Maintenance Biological monitoring by
consultant
Hours 8.0 150.00 1,200.00 5 20% 288.00
23 Fencing Maintenance Engaging contract services 5 0.00
24 Fencing Maintenance,
Replacement
Replacement by contractual
services
20 0.00
25 Fencing Maintenance,
Replacement
Monitoring by city staff 20 0.00
26 Fencing Maintenance,
Replacement
Biological monitoring by
consultant
Hours 24.0 150.00 3,600.00 20 180.00
27 Sub‐Total 468.00
28
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six months from the
date of this document.
Section 15 ‐ Ongoing Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County) 8/24/2020
Note Task Specific Cost/ Annual Divide Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
29 Site Maintenance
30 Trash and Debris
Inspection
Inspect for trash and debris 0.5 0.00
31 Trash and Debris Removal Pick‐up and remove trash,
routine items
1 0.00
32 Trash and Debris Removal Pick‐up and remove trash, large
materials
5 0.00
33 Trash and Debris Removal Pick‐up and remove trash,
dumping fee for large materials
5 0.00
34 Vegetation Inspection Inspect vegetation for amount,
density, types
1 0.00
35 Vegetation Management
and Clearance
Hand/hand tool removal of
vegetation
3 0.00
36 Sub‐Total 0.00
37
38 Planning
39 Develop Adaptive
Management Plan for
Drainage, Tunnel and/or
Fencing
Consulting services to prepare
draft
Hours 12.0 150.00 1,800.00 5 360.00
40 Develop Adaptive
Management Plan
Project engineer develops
engineering portion of plan
5 0.00
41 Coordinate Adaptive
Management Plan
Development
City staff coordinates all parties 5 0.00
42 Assist with Agency
Coordination of Plan
Consulting services 8.0 150.00 1,200.00 5 240.00
43 Develop Annual Work
Plan and Budget
Prepared by city staff 1 0.00
44 Sub‐Total 600.00
45
46 Reporting
47 Annual Monitoring /
Maintenance Report
Preparation by consultant Hours 12.0 150.00 1,800.00 1 1,800.00
48 Annual Monitoring /
Maintenance Report
Review by city staff 1 0.00
49 Annual Monitoring /
Maintenance Report
Finalize report and coordinate
with agencies and endowment
holder
Hours 4.0 150.00 600.00 1 600.00
50 Sub‐Total 2,400.00
51
52 Administration and Project Management
53 Bookkeeping City staff 1 0.00
54 Accounting Report and
Invoice Preparation
City staff 1 0.00
55 Project Record Keeping City staff 1 0.00
56 Manage contractors;
prepare and execute
contracts
City staff 1 0.00
57 Staff Management City staff 1 0.00
58 Sub‐Total 0.00
59
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
To be funded by City of Rohnert Park
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six months from the
date of this document.
Section 15 ‐ Ongoing Tasks and Costs DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County) 8/24/2020
Note Task Specific Cost/ Annual Divide Contin‐Total
List Description Unit Quantity Unit Cost Years gency %Cost
60 Endowment Management
61 Site Inspection Site inspection L. Hours 8 100.00 800.00 1.0 800.00
62 Insurance Insurance Annual 1 225.00 225.00 1.0 225.00
63 Audit Audit cost‐share Annual 1 400.00 400.00 1.0 400.00
64 Project Management Communication with City staff,
review reports
Annual 2 100.00 200.00 1.0 200.00
65 Project Accounting Accounting services L. Hours 12 80.00 960.00 1.0 960.00
66 Investment Management Investment management L. Hours 0.0025 1,000,000 2,500.00 1.0 2,500.00
67 Annual Financial Report CE report L. Hours 12 100.00 1,200.00 1.0 1,200.00
68 Administration Copies, Postage, Phone, etc. Percentage 0.03 188.55 188.55 1.0 188.55
69 Sub‐Total 6,473.55
70
71 Subtotal 14,009.55
72 Contingency 15%2,101.43
73 Total Annual Costs 16,110.98
This analysis is based on the information known to WHF about the project site. New information may require changes as will the passage of time beyond six months from the
date of this document.
Section 16 ‐ Financial Summary DRAFT
Property: Wilfred Avenue Fund (0.85 mile long, Sonoma County)8/24/2020
1st Budget Year: 2020 State: CA
Item Descriptions
Initial & Capital Financial Requirements
Ongoing Costs 47,621
Contingency Expense 7,143
Sub‐Total of Initial & Capital 54,764
Annual Ongoing Financial Requirements
Ongoing Costs 14,010
Contingency Expense 2,101
Sub‐Total of Annual Ongoing 16,111
460,314
Stewardship costs are based on 3.50% of Endowment Earnings per Year
5,000
520,078
Legal and Enforcement Fund
Funding Required
Endowment to Produce Annual Income
This analysis is based on the information known to WHF about the project site. New information may require changes as will the
passage of time beyond six months from the date of this document.
ITEM NO. 5.H.
1
Meeting Date: September 22, 2020
Department: Public Safety
Submitted By: Jeff Justice, Lieutenant
Prepared By: Jeff Justice, Lieutenant
Agenda Title: Adopt a resolution accepting the State of California Office of Traffic Safety
(OTS) Selective Traffic Enforcement Program Grant and Amending the
FY 2020-21 Operative and Revenue Budget
RECOMMENDED ACTION:
Staff recommends City Council consider the following actions:
1. Adopt a resolution accepting the State of California Office of Traffic Safety (OTS)
Selective Traffic Enforcement Program grant agreement;
2. Amend the FY 2020-2021 Public Safety Department program budget expenditures and
revenues for grant funds to receive and appropriate $54,500.00 for the OTS STEP grant;
and
3. Authorize the City Manager, or designee, to execute any and all agreements on behalf of
the City of Rohnert Park, in substantially the form submitted, subject to review and
approval as to form by the City Attorney.
BACKGROUND:
The Public Safety Department has been awarded a one-year Office of Traffic Safety grant
totaling $54,500.00. This grant period begins October 1, 2020 and operates through September
30, 2021. In order to ensure the highest benefit and outcome from this grant, the Public Safety
Department will be utilizing a number of proven and effective traffic collision reduction
strategies specifically concentrating on high-risk driving factors such as DUI, speeding,
aggressive driving, and distracted driving enforcement. Operations will be directed at
intersections with disproportionately high number of traffic collisions. To achieve the maximum
outcome, these strategies are designed to foster media attention, thus enhancing the impact of
both education and deterrence. In addition to the increased patrols, this grant also funds the
purchase of equipment and refunds some of the costs incurred from enforcement related training.
Special enforcement operations to reduce the number of fatalities and serious injury collisions to
drivers, motorcyclist and pedestrians will be conducted by addressing traffic violations that are
considered primary collision factors. This type of enforcement strategy has proven to reduce
injury collisions in communities across the nation.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 5.H.
2
ANALYSIS:
By adopting a resolution accepting the OTS STEP grant, the Public Safety Department will be
able to deploy its resources strategically to provide maximum enforcement and ensure safer
roadways in our community. The Department of Public Safety has executed eight comparable
grants over the past nine fiscal years and has been able to increase traffic enforcement by at least
2500 hours. These additional traffic enforcement hours are made possible because of the long-
standing cooperative relationship between the City and the Office of Traffic Safety.
OPTIONS CONSIDERED:
Council options considered include:
1. Adopting a resolution authorizing the City to receive the proposed grant from the Office
of Traffic Safety for Selective Traffic Enforcement (recommended action); or
2. Not adopting the resolution. This action will result in the City not receiving state grant
funds, thereby sacrificing 610 of available traffic enforcement hours (not
recommended).
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact is neutral due to an increase in the program budget of $54,500.00, with
corresponding offsetting increase in OTS grant revenue funds of $54,500.00.
Department Head Approval Date: N/A
City Manager Approval Date: 09/17/2020
City Finance Director Approval Date: N/A
City Attorney Approval Date: 09/17/2020
Attachments:
1. Resolution
2. Exhibit A to Resolution (Grant Agreement)
2. Program Budget
RESOLUTION NO. 2020-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AUTHORIZING AND ACCEPTING THE STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) GRANT AND AMENDING THE FY
2020-2021 OPERATING AND REVENUE BUDGETS
WHEREAS, the Rohnert Park Department of Public Safety has conducted numerous
enforcement programs to ensure compliance with vehicle laws;
WHEREAS, the Public Safety Department has been awarded a State of California Office
of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant for total award of
$54,500.00, ($30,000.00 under Catalog of Federal Domestic Assistance (CFDA) Number 20.608
and $24,500.00 under CFDA number 20.600) (hereinafter “OTS STEP Grant”);
WHEREAS, the OTS STEP Grant has been awarded to fund the Rohnert Park
Department of Public Safety’s focused and increased enforcement to reduce the number of
persons injured and killed in traffic collisions beginning October 1, 2020 through September 30,
2021; and,
WHEREAS, the Public Safety Department seeks Council authority to accept the OTS
STEP Grant and create an additional program budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park does hereby authorize and accept the OTS STEP Grant, attached hereto as Exhibit A, and
further authorizes the Director of Finance, or his/her designee, to increase appropriations in the
amount of $54,500.00 in account 001-P213-400, and to make any other accounting adjustments
necessary to execute the OTS STEP Grant in accordance with applicable laws.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this OTS STEP Grant for and on behalf of the City of Rohnert
Park.
DULY AND REGULARLY ADOPTED this 22nd day of September, 2020.
CITY OF ROHNERT PARK
____________________________________
Joseph T. Callinan, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: _________BELFORTE: _________ STAFFORD: _________ MACKENZIE: _________ CALLINAN: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
State of California - Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT21045
1. GR¡¡IT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
Rohnert Park
3. Grant Period
From: 1010112020
To: 09130120214. Acerucv Ut¡r ro ADMINISTER Gnlrur
Rohnert Park Department of Public Safety
5. GRn¡¡r DescrupÏoN
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strateqies are desiqned to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $54,500.00
7. Tenrrns AND GONDITTONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
. Schedule A - Problem Statement, Goals and Objectives and Method of Procedure
. Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
. Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable)
. Exhibit A - Certifications and Assurances
. Exhibit B. - OTS Grant Program Manual
. Exhibit C - Grant Electronic Management System (GEMS)Access
*ltems shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.qov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
lN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8.roval atures
A. Gnnrur DrREcroR B. AurHonrzlrucOrncrRt-
Aooness: Tim Mattos
Director of Public Safety
tmattos@rpcity.org
(707) 584-2650
500 City Center Drive
Rohnert Park, CA 94928
,7¿#Jurttt¿ .-
..t i :,-., t: ! ) !. r1i' 1!a..,Nt ¡
Aug 13,2020 Tutu /V4,/tt1.Sep 3,2020
(Signature)(Date)(Signature)(Date)
D. AurHontztNG OFFrctAl or Ornce oF TRAFFIc SRrerv
AooREss: BarbaraRooney
Director
barbara. rooney@ots.ca. gov
(916) 5oe-3030
2208 Kausen Drive Suite 300
Elk Grove, CA 95758
Ne¡¡e:
Trrre:
EMAIL:
PHorue:
AooREss:
Jeff Justice
Lieutenant
jjustice@rpcity.org
(707) 588-3574
500 City Center Drive
Rohnert Park, CA 94928
C. Frscnl- oFFrctAL
AooRess: Aaron Johnson
Deputy Chief
ajohnson@rpcity.org
(707) 588-3580
500 City Center Drive
Rohnert Park, CA 94928
þ: &t,Sep 3,2020 $**-/,1*,Sep 10,2020
(Signature)(Date)(Signature)(Date)
811012020 8:09:42 AM Page I of 17
E. AccoururNc OrrrcrR oF OFFtcE or TRRrnc SRrery
Nnve: Carolyn Vu
AooREss: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9. DUNS l¡¡roRn¡¡lor,¡
DUNS #:
RrctsrERro
Aooness:
Crrv:
Ztp+4:
9309 1 2980
500 City Center Dr
Rohnert Park
94928-'t 180
1 O. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y.CHAPTER STATUTE PROJECTED
EXPENDITURES
164 AL-21 20.608 0521-0890-101 2020 2020 BN20 $30,000.00
402PT-21 20.600 0521-0890-101 2020 2020 BN20 $24,500.00
AGREEMENT
TOTAL $54,500.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$54,500.00I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ o.oo
OTS ACCOUNTING OFFICER'S SIGNATURE
Caralyn Vu .
a r: nlj,r :t i:.r!_¡ ¡ì. tilt i:t:;¡: ti) iì
DATE SIGNED
Sep 10,2020
TOTAL AMOUNT ENCUMBERED TO DATE
$54,500.00
811012020 B:09:42 AM Page 2 of 17
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRn¡¡r NuugeR
PT21045
1. PROBLEM STATEMENT
The Cily of Rohnert Park is located in the southern central pûr1¡on of Sonoma Cor-rnty ancJ is primarily a
residential comrnunity wìth commercial businesse$ tomprising roughly one{lrird of the comnrunity. The City
is split intc two sections by Highway 101, predominantly consisting of commercial businesses to the west
and residential to the east. Rohnert Park is developing its identity and is increasing its draw for Sonoma and
8ay Area coun{ies.
Currentiy, the daytime population runs between 45,000-55,000 people; however, the city is home to Sonoma
Slate University which brings an additional 11,000 students each year to the ccmnruniiy. ln 2t12 the Green
Music Center was built at Sonoma State University and sìnce then has been successful ìn promoting large
events that attract musicians and perforrners year round" The Green Music Center can hoid up to 2500
people. Several of the events sell alcohol and without hotels within walking distance, pairons are left to ride
share or drive themselves. Sonoma State is located on the far east side of Rohnert Park and attendees must
drive through the middle of Rohnert Park to access Highway 101.
Sonoma Mountain Village is zoned as a mixed use property and is home to Sally Tomaloes, Xfinity and
AT&T along with many other businesses" Sally Tornatoes classifies themselves as an event center and
while it is a restaurant during the day and evening time, they also cater to large events. As of 2014 they
began hosting concerts during the summer" The venue can hold up to approximately 1500 people and
again attendees often drive through Rohnert Park to gain access to Hwy 101. Sonoma Mountain Village
also hosts many special events such as Waves to Wine, a fundraiser for multiple sclerosis that attracts over
1,600 bicyclists in addition to spectators to the area.
Located on the west side of Rohnert Park is the Graton Casino. This casino is one of the largest in the Bay
Area ccsting $S25 million and encompassing 320,000 square foot. lts doors opened November 5,2A13 and
has continuôusly drawn tens of thousands of people each week. ln Novernber 2016 it debuted a $175,000,
300,00û square foot, hotel and spa. According to Graton officials the casino draws close to 10 rnillion
patrons per year, and they plan to continue adding to the casino to bring in more visitors. The alcohol related
incidents that the City of Rohnert Park has experienced since the opening of the casino have been on a
steady rise. The local motelslhotels within Rohnert Park are continually filled to capacity which poses a
pedestrian problem, and there are three additional hotels currently planned and/or in development. Several
of the occupants of the motelslhoteis walk to the casino which poses safety concerns when drinking and
walkingldriving in Rohnert Park.
Several residential subdivisions that have broken grcund over the last few years have been built and are
now occupied. The three new neighborhoods as well as new apartment complexes also being built will
continue to significantly increase the population in the city. With this increase comes more traffic in and
around schools and the rest of the city as these subdivisions don't have shopping near them^ This forces
residents to use one of the three major arteries in town to conduct their shopping.
A developer purchased a 40 acre property in the middle of the city that will be called Station Avenue. The
project received its name due to the main train depot for Rohnert Park that will be on the east end of the
property. Station Avenue is zoned and is planned for a mixed use property. The project is currently
delayed, but when completed it will be the home of several businesses, restaurants, ã brewery and an
outdoor concert area bringing in several hundred patrons each day from Roirnert Park and neighboring
citieslcounties. A projected population increase of 58,000-102,000 annually over the next two years is slated
for this project.
There are two more light industrial projects slated to open in the next two years ihat bring another 275,004
people annually to the city" With all of the growth the city, wthere has been a rise in traffic collisions. Listed
below are the current collision data statislics for the City of Rohnert Park. Due to OTS funding last year,
there was a declirre in overall traffic collisions and injury collision for the first time in several years. The
åddition of the DUI officer and the additional overtime for traffic enforcement is helping.
811012020 B:09:42 AM Page 3 of 17
Currently, injury traffic collisions in Rohnert Park are remaining even with the pa st few years. ln 2017, there
l¡/ere a totalof 595 collisions of which 119 resr-¡lted in injury. ln2t18, there was an increase to 598 total
collisions of which 118 resulted in injury. ln2t19, there was â decrease in collisions with 548 total collisions
and 106 resulting in injury. Approximate$ 2A% of all collisions result in injury. The 2A% has been a
consistent percentage for injury related collisions as the collision rate either falls or increases. Even with the
decline last year, the 20o/o injury rate rennained consistent.
The OTS ccllision ratings has the Cíty of Rohnert Park ranked 39194 for fatal/injury collisions. ln 11 out of
the 15 categories the City of Rohnert Park is below 50%, and in 14 out of the 15 the City of Rohnert Park is
below 75%. With the help of the grant funding, the City of Rohnert Park has improved it's overall ranking
over the last 6 years. However, with the projected growth of the City, sworn officers are limited on their
proactive enforcement of ÐUl drivers. DUI collisions have steadily increased from 35 in 20'16 to 41 in 2018
with a slight decrease to 39 in 2019. DUI arrests have decreased from 133 in 2018 to 1 19 in 2019.
ln the last three years, the City of Rohnert Park has made a strong recruitment for new officers. Because
Rohnert Park Public Safety Officers are dual trained in police and fire it takes a new officer lwo years before
their training is cornplete. The funding by OTS allows officers to specifically target traffic related areas in the
city that would not othen¡¡ise be available on a regular shift. ln 2020, the City of Rohnert Park is working
with our local high schools and Sonoma State University to increase education efforts with the student
population in regards to drinking and driving. The City of Rohnert Park is also working with elementary and
middle schools educating and enforcing bicycle/pedestrian safety laws.
With the continued support from OTS, the City of Rohnert Park will be able to maintain the traffic safety
objectives, as well as, focus atlention on impaired driving as our community is a large target for these
dangerous activities.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.2. Reduce the number of persons injured in traffic crashes.3. Reduce the number of pedestrians killed in traffic crashes.4. Reduce the number of pedestrians injured in traffic crashes.5. Reduce the number of bicyclists killed in traffic crashes.6. Reduce the number of bicyclists injured in traffic crashes.7. Reduce the number of persons killed in alcohol-involved crashes.8. Reduce the number of persons injured in alcohol-involved crashes.9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
1 1. Reduce the number of persons killed in alcoholidrug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes,
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
Objectives:
lssue a press release announcing the kick-off of the grant by November 1s. The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the oTS Public lnformation officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
B
1,
Target Number
1
2. Participate and report data (as required) in the following campaigns, NationalWalk
to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization,
National Distracted Driving Awareness Month, National Motorcycle Safety Month,
National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA
Summer Mobilization, National Child Passenger Safety Week, and California's
Pedestrian Safety Month.
10
811012020 8:09:42 AM Page 4 of 17
3. Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol
and traffic officers to be on the lookout for identified repeat DUI offenders with a
suspended or revoked license as a result of DUI convictions. Updated HOT sheets
should be distributed to atrol and traffic officers
12
44. Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testinq (SFST) (minimum 16 hours) POST-certified training
25. Send law enforcement personnel to the NHTSA Advanced Roadside lmpaired
Drivinq Enforcement (ARIDE) 16 hour POST-certified training.
16. Send law enforcement personnel to the DRE Recertification training
17. Send law enforcement personnel to SFST lnstructor training.
2B. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility, it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUl/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or
ARlDEtrained.
209. Conduct DUI Saturation Patrol operation(s)
1510. Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
51 1. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers usinq hand held cell phones and texting.
212. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUl, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
413. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resultinq from violations made by pedestrians, bicyclists, and drivers
214. Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
driving, DUl, speed, bicycle and pedestrian safety, seat belts and child passenger
safetv.
3. MernOo OF PROCEDURE
A. Phase I - Proqram Preparation (1"1Quarter of Grant Year)
. The department will develop operational plans to implement the "best practice" strategies
outlined in the objectives section.. All training needed to implement the program should be conducted this quarter.
. All grant related purchases needed to implement the program should be made this quarter.
. ln order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of
the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI
convictions. The Hot Sheets may include the driver's name, last known address, DOB,
description, current license status, and the number of times suspended or revoked for DUl. Hot
Sheets should be updated and distributed to traffic and patrol officers at least monthly.
. lmplementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations. Media Requirements. lssue a press release announcing the kick-off of the grant by November 15, but no earlierthan
October 1. lf unable to meet the November 15 date, communicate reasons to your OTS
Coordinator. The kick-off press releases and any related media advisories, alerts, and materials
must be emailed for approval to the OTS Public lnformation Officer at pio@ots.ca.qov, and
copied to your OTS Coordinator, 14 days prior to the issuance date of the release.
B. Phase 2 -hout Grant Yearo
Bl1012020 B:09:42 AM Page 5 of 17
a The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.Media Requirements
Send all grant-related activity press releases, media advisories, alerts and general public
materials to the OTS Public lnformation Officer (PlO) at pio@ots.ca.qov, with a copy to your OTS
Coordinator. The following requirements are for grant-related activities and are different from
those regarding any grant kick-off release or announcement.
lf an OTS-supplied, template-based press release is used, there is no need for pre-approval,
however, the OTS PIO and Coordinator should be copied when at the same time as the release
is distributed to the press.
lf an OTS-supplied template is not used, or is substantially changed, a draft press release shall
be sent to the OTS PIO for approval. Optimum lead{ime would be 10 days prior to the release
distribution date, but should be no less than 5 working days prior to the release distribution date.
Press releases reporting the immediate and time-valued results of grant activities such as
enforcement operations are exempt from the recommended advance approval process, but still
should be copied to the OTS PIO and Coordinator when the release is distributed to the press.
Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media
coverage and to report the results.
Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
H ig hway Traffic Safety Administration.
Email the OTS PIO at pio@ots.ca.qov and copy your OTS Coordinator at least 30 days in
advance, a short description of any significant grant-related traffic safety event or program so
OTS has sufficient notice to arrange for attendance and/or participation in the event.
Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts,
artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.qov and copy your OTS Coordinator
for approval 14 days prior to the production or duplication.
Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS
Coordinator for specifics and format-appropriate logos.
Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for
a
a
a
a
a
a
o
a
a
consultation when deviation from any of the above requirements might be contemplated
G. Phase 3 - Data Collection & Reoortinq (Throughout Grant Year)l. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)2. Prepare and submit Quarterly Performance Reports (OPR) (due January 30, April 30, July 30,
and October 30). Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. lnclude status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.. Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.. Collect, analvze a nd report statistical data relating to the grant goals and obiectives.
4. METHoD oF EVALUATIoN
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in
the fourth/final Quarterly Performance Report (OPR). The Final Evaluation should provide a brief summary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded , or an explanation of why objectives were not completed
5. Aorrrut¡tstnalvE SuppoRT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
811012020 8:09:42 AM Page 6 of 17
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRnruT NUMBER
PT21045
Fut¡o NuMeeR CRraloc
NuMeeR (CFDA)
Furuo DescRtPTtoN TorAL Allou¡rr
1644L-21 20.608 Minimum Penalties for Repeat
Offenders for Driving While
lntoxicated
$30,000.00
402Pr-21 20.600 State and Community Highway
Safetv
$24,500.00
COST CAIE.GORY FuNn
NUMBER
UNrr Cosr oR
RATE
UNITs ToTAL CoslrO
Gnar.lr
A. PERSoNNET, COSTS
Positions and Salaries
Straieht Time
$0.00
Overtime
DUVDL Checkpoints t64AL-21 $6,125.62 2 $ 12.2s 1.00
DUI Saturation Patrols 164AL-21 $712.80 20 $14,256.00
Benefits AL @.1.45%t64AL-21 $26507.24 I $384.00
Traffic Enforcement 402PT-21 $712.80 l5 $10.692.00
Distracted Driving 402PT-21 $712.80 5 $3,564.00
Motorcycle Safety 402PT-21 $712.80 2 $1,426.00
Pedestrian and Bicycle Enforcement 402PT-21 $712.80 4 $2,851.00
Traffic Safety Education 402PT-21 s712.80 ')$1,426.00
Benefits PT (ù.1.45%402PT-21 $ 19.9s8.40 1 $289.00
Category Sub-Total $47,139.00
B. TRÀVELEXPENSES
In State Travel 402PT-2t $4.2s2.00 1 s4,2s2.00
$0.00
Category Sub-Total s4,252.00
C. CoNrucruÀLSrRl'rcrs
$0.00
Category Sub-Total $0.00
D. EourpunNr
$0.00
Category Sub-Total $0.00
E. OrnnnDrREcr Cosrs
DUI Checkpoint Supplies T64AL.2I $3,109.41 1 $3,109.00
Category Sub-Total $3,109.00
F. INnrnncr Cosrs
$0.00
Category Sub-Total $0.00
GRANT T0TAL $54,500.00
811012020 8:09:42 AM PageT o'Í17
State of Galifornia - Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT21045
Buooer NenRllve
PeRsor'¡¡¡el Cosrs
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturati
department
on Patrols - Overtime for grant funded law enforcement operations conducted by appropriate
personnel.
Benefits AL @ 1A5% - Total OT Benefits Rate @ 1 .45%
1.45% Medicare
Traffic Enforcement - Overtime fo r grant funded law enforcement operations conducted by appropriate
department personnel
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Pedestrian and Bicycl
appropriate departme
e Enforcement - Overtime for grant funded law enforcement operations conducted by
nt personnel.
Traffic Safety Education - Overtime
appropriate department personnel.
for grant funded traffic safety presentations or campaigns conducted by
Benefits PT @ 1.45% - Total OT Benefits Rate @ 1.45%
1.45% Medicare
TRevel Expenses
ln State Travel - Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include the Lifesavers 2021Conference, in Long Beach,
California. All conferences, seminars or training not specifically identified in the Budget Narrative must be
approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for
meals provided at conferences when registration fees are paid with OTS grant funds.
Co¡¡rR¡ctutl SeRvlces
Eoutprvrerur
OrneR Drnecr Cosrs
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints, Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares,
PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items
may be purchaqed if approved by OTS. The cost of food and beverages will not be reimbursed.
l¡¡olnecr Cosrs
Sr¡reuerurs/DlscLAtMERS
Program lncome default statement:
There will be no program income generated from this grant.
811012020 B:09:42 AM Page 8 of 17
ß.3.
Enforcement Grant Quota Disclaimer:
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
here under
811012020 8:09:42 AM Page 9 of l7
State of California - Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRIHT NUMBER
PT2104s
CeRrIrIcarIoNS AND ASSURANcES
HIGHWAY Sarery GRRnrs
U.S.C. GurpreR 4 ¡r,¡o Sec. 1906 Pue. L.109-59 AS AMENDED
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency
officials to civil or criminal penalties and/or place State in a high-risk grantee status in accordance with 49 CFR
t8.12.
The Officials named on the grant agreement signature page, that the Grantee Agency complies with all
applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect
with respect to the periods for which it receives grant funding. Applicable provisions include but are not lirnited
to the following:
GENERAL REQUIREMENTS. 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended
' 2 CFR part200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
' 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
' 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
' Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.,78 stat. 252), (çrohibits discrimination on
the basis of race, color, national origin) and 49 CFR part 21;
' The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
'Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
' Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination
on the basis of disability) and 49 CFR part 27;
' The Age Discrimination Act of 1975, as amended, (42 U.S.C. 610l et seq.), (prohibits discrimination on the
basis ofage);
' The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of
Title VI of the Civil Rights Act of l964,The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or
activities are Federally-funded or not);
' Titles II and III of the Americans with Disabitities Act (42 U.S.C. l2l3l-12189) (prohibits discrimination
on the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and38;
'Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (prevents discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations); and
' Executive Order 13166, lmproving Access to Services for Persons with Limited English Proficiency
(guards against Title Vl national origin discrimination/discrimination because of limited English proficiency (Lfp)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).
811012020 8:09:42 AM page i0 of 17
The State highway safety agency-
. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race,
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with
all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non-Discrimination Authorities and this Assurance;
. Agrees to insert in all contracts and funding agreements with other State or private entities the following
clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient agrees-
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contracVagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract orfunding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a)through (e), in every subcontract and subagreement and in
every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
811012020 8:09:42 AM Page 11 of '17
1. No Federal appropriated funds have been paid orwill be paid, byoron behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. lf any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
Ïhis certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
lnstructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. lf it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. Ïhe prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civiljudgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
811012020 8:09:42 AM Page 12 of 17
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
clause titled "lnstructions for Lower Tier Participant Certification" including the "Certification Regarding
Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
L A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Excl usions webs ite ( https://www.sam. gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Exceptfortransactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsib/rty Matters-Primary Tier Çovered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or othenvise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2)Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
lnstructions for Lower Tier Participant Certification
811012020 8:09:42 AM Page 13 of l7
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civiljudgment, debarmenf, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "lnstructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment,
Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts '180 and 1200.
7. A participant in a covered transaction'may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart g.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
811012020 B:09:42 AM Page 14 of 17
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. ln order to use Federal
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
ln accordance with Executive Order 13043, lncreasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
ln accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or
privately-owned vehicles when on official Government business or when performing any work on or behalf of
the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
811012020 8:09:42 AM Page 15 of 17
ù[ale ut vitilturtila - \,ilil(;e ut I tdillu Ðdrely
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
\,KAN I ¡tUtVtE trK
PT2"t045
¡NSTRUCTIONS FOR ADDING OR UPDAT¡NG GEMS USERS
1. Each agency is allowed a total of FIVE 15ì MS Users
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
Gnnrur Dernrs
Grant Number:
Agency Name:
Grant Title:
Agreement Total:
Authorizing Official
Fiscal Official:
Grant Director:
P-f 21045
Rohnert Park Department of Public Safety
Selective Traffic Enforcement Program (STEP)
$54,500.00
Tim Mattos
Aaron Johnson
Jeff Justice
GunRerur GEMS Usen(s)
1. Aaron Johnson
Title: Deputy Chief
Phone: (707) 588-3580
Email : ajohnson@rpcity.org
Media Contact: No
2. Jeff Justice
Title: Lieutenant
Phone: (707) 5BB-3574
Email : jjustice@rpcity. org
Media Contact: Yes
3. Jerrod Marshall
Title: Traffic Sergeant
Phone: (707) 588-3520
Email : jmarshall@rpcity.org
Media Contact: Yes
811012020 8:09:42 AM Page 16 of 17
GEMS User 1
Add/Change n Remove Access I Add as a media contact? Yes ! NoE
Name Job Title
Email address Phone number
GEMS User 2
Add/Change n Remove Access f]
Add as a media contact? Yes I No n
Name Job Title
Email address Phone number
GEMS User 3
Add/Change n Remove Access fl Add as a media contact? Yes I No n
Name Job Title
Email address Phone number
GEMS User 4
Add/Change n Remove Access I Add as a media contact? Yes ! No n
Name Job Title
Email address Phone number
GEMS User 5
Add/Change n Remove Access !
Add as a media contact? Yes I No n
Name Job Title
Email address
Form compteted by: ft#rfu-
Phone number
Date: Aug L3,2020
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access
. /¿+l. /uft//¿Jeff J ustice}¡ lir:,:ir¡,;i: : :,rrlli:.1¡ ¡,lir
Signature
Aug 13,2020
Name
Grant Director
Date Title
i
Complete the below information if adding, removing or editing a GEMS user(s)
811012020 8:09:42 AM Page 17 of 17
FUNDING FUNDING FUNDING
SOURCES SOURCES SOURCES
FUNDING SOURCES 2018-19 2019-20 2020-21
Federal Grant 70,000 40,000 54,500
TOTAL REVENUE 70,000 40,000 54,500
2018-19 2019-20 2020-21
PROPOSED PROPOSED PROPOSED $ INCREASE/
EXPENSE BUDGET BUDGET BUDGET (DECREASE)
Compensation
Salary and Benefits 57,454$ 34,239$ 47,139$ 12,900$
Training 5,124 859 4,252 3,393
Supplies
Postage - - - -
Special Departmental 2,002 652 - (652)
Communications - - - -
Dues & Subscriptions - - - -
Equipment 5,420 4,250 3,108 (1,142)
Contractual/Professional - - - -
Capital Outlay -
TOTAL EXPENSE 70,000$ 40,000$ 54,500$ 14,500$
RESULTING GAIN (LOSS)- - -
Selective Traffic Enforcement Program PT21045
(Attachment 3)
Department of Public Safety
Program Budget Analysis - Selective Traffic Enforcement Program PT21045
Account Number Description 2014 Adopted 2019 Actual
2020 Actual 1st-
3rd Quarter
2021 Proposed
Budget $ Change Comments
001-P214-400-4402 Overtime Salaries $0.00 $34,078.95 $8,607.39 $46,465.64 $37,858.25 See Item#1
001-P214-400-4925 Medicare $0.00 $494.15 $101.34 $673.75 $572.41
001-P214-400-6610 Training $0.00 $0.00 $1,126.30 $4,252.20 $3,125.90 See Item#2
001-P214-400-5210 Special Departmental $0.00 $495.92 $0.00 $0.00 $0.00 See Item#3
001-P214-400-5330 Equipment $0.00 $0.00 $0.00 $3,108.41 $3,108.41 See Item#4
001-P214-400-5330 Equipment Over 5k $0.00 $5,399.14 $0.00 $0.00 $0.00
(Attachment 3)
Budget Detail
Program Budget Justification - Selective Traffic Enforcement Program PT-21045
Item Account/Vendor Description Cost
FY20/21
Proposed
Budget
FY20/21
Adopted
Budget
1 001-P216-400-4402 Overtime Salaries Hour Amount $47,139.39 -
DUI/DL Checkpoints $12,251.24
DUI Saturation Patrol $14,256.00
Warrant Service Operations -$
Court Stings -$
001-P216-400-4925 Benefits @ 0.0145 (Medicare)$384.35
Traffic Enforcement Operations $10,692.00
Distracted Driving Operations $3,564.00
Motorcycle Safety $1,425.60
Traffic Safety Educational Presentations 1,425.60$
Bike/Ped Enforcement Operations $2,851.20
Benefits @.0145 (Medicare) $289.40
2 001-P216-400-6610 Training and Travel $4,252.20 -
In state Training $4,252.20
3 001-P216-400-5210 Special Department Expense -$ -
4 001-P216-400-5330 Equipment under 5k $3,108.41 -
DUI Checkpoint Supplies $3,108.41
TOTAL 54,500.00$
(Attachment 3)
MINUTES OF THE CITY OF ROHNERT PARK FOUNDATION BOARD MEETING
Tuesday, January 14, 2020
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1.CITY OF ROHNERT PARK FOUNDATION BOARD MEETING - CALL TO
ORDER/ROLL CALL
A.Announcement: Recognition of New Chair and Vice Chair of Board of Directors
Chair Callinan called the Special Meeting to order at 9:18 p.m., the notice for which being
legally noticed on January 9, 2020.
Present: Board Members
Joseph T. Callinan, Chair
Jake Mackenzie, Vice Chair
Susan H. Adams, Director
Gina Belforte, Director
Pam Stafford, Director
2.CONSENT CALENDAR
A.Approval of Minutes of Board Special Meeting held on November 12, 2019.
Recommended Action(s): Approve the Minutes.
Public Comment: None.
ACTION: Moved/seconded (Stafford/Callinan) to approve the Minutes of Board
Special Meeting held on November 12, 2019.
Motion carried by the following unanimous 5-0-0 vote: AYES: Adams,
Belforte, Stafford, Mackenzie, and Callinan; NOES: None; ABSTAINS:
None; ABSENT: None.
3.ACTION ITEMS
None.
4.COMMUNICATIONS/MATTERS FROM OR FOR THE BOARD
None.
5.ADJOURNMENT
Chair Callinan adjourned the Special Meeting at 9:19 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, Secretary Joseph T. Callinan, Chair
City of Rohnert Park Foundation Board City of Rohnert Park Foundation Board
Item 6.A.
MINUTES OF THE CITY OF ROHNERT PARK FOUNDATION BOARD MEETING
Tuesday, February 11, 2020
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1.CITY OF ROHNERT PARK FOUNDATION BOARD MEETING - CALL TO
ORDER/ROLL CALL
Chairperson Callinan called the Special Meeting to order at 5:03 pm, the Notice for which
being legally noticed on February 10, 2020.
Present: Board Members
Joseph T. Callinan, Chair
Jake Mackenzie, Vice Chair
Susan H. Adams, Director
Gina Belforte, Director
Pam Stafford, Director
2.CONSENT CALENDAR
None.
3. ACTION ITEMS
A.Consideration of a Budget Amendment to Fund Storage of Rohnert Park
Historical Society Archive
City Manager Jenkins presented the item. Recommended Action(s): Provide direction
on what action to take regarding report of mini-storage auction scheduled for storage
units housing items collected by the Rohnert Park Historical Society.
Public Comment: None.
ACTION: By Consensus (none opposed), the Board directed staff to preserve
the collection and bring an item back to for consideration on how
to move forward.
4.COMMUNICATIONS/MATTERS FROM OR FOR THE BOARD
None.
5.ADJOURNMENT
Chair Callinan adjourned the Special Meeting at 5:11 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, Secretary Joseph T. Callinan, Chair
City of Rohnert Park Foundation Board City of Rohnert Park Foundation Board
Item 6.B.
ITEM NO. 6.C.
1
CITY OF ROHNERT PARK FOUNDATION
BOARD OF DIRECTORS AGENDA REPORT
Meeting Date: September 22, 2020
Department: Finance & Administration
From: Nishil Bali, Treasurer, Rohnert Park Foundation
Agenda Title: Acceptance of 2020 Annual Financial Report
RECOMMENDED ACTION:
Accept the Fiscal Year 19-20 Financial Statements and Report for the Rohnert Park Foundation.
BACKGROUND:
The City of Rohnert Park Foundation by-laws (Article VIII, Section 8.3) require the submission of an
annual financial report that provides the corporation’s assets, liabilities, expenses, and disbursements
during the fiscal year. The Rohnert Park Foundation is a component unit of the City of Rohnert Park,
and is included in the City’s Comprehensive Annual financial Report (CAFR). The Financial Statements
included in this report have been modified from CAFR to provide more detail. This annual report meets
the 120-day reporting requirement in accordance with Section 6322 of the California Non-Profit
Corporation Law.
The audit of the financials for the Foundation will accompany the City of Rohnert Park’s CAFR schedule,
which is due later in the fiscal year. As such, the Treasurer certifies that these statements were prepared
prior to the completion of the independent audit, and that the delivery of the City’s CAFR will include
the City of Rohnert Park Foundation’s audited report.
STAFF REPORT:
In accordance with the Memorandum of Understanding (MOU) with the Federated Indians of Graton,
the Foundation received three quarterly Community Investment Recurring Contributions this fiscal year,
totaling $289,588. The Foundation typically receives four distributions per year from the Graton
Mitigation Fund as non-guaranteed contribution. In accordance with Section 5.2.3 of the MOU, no
additional revenue was available to be assigned to the Foundation in the fourth quarter. The Foundation
received concessions and donations revenue from Performing Arts Center activity ($30,670.32) and
interest earnings ($8,934.24) for a total of $329,192.56.
In FY 19-20, the primary budgeted activity of the Foundation was to purchase supplies and receive
donations on behalf of the Performing Arts Center (PAC) through concessions, donations, and proceeds
from the sale of those concessions. The main expense for the PAC is for concession purchases to sell and
serve beverages at PAC concessions. The activity also incurs some expense for supplies (such as serving
utensils and condiments) to serve the concessions. In FY 19-20, $85,127.24 was expended in
concessions, $890.00 was expended in permits and licenses, $310.62 was expended in legal services, and
approximately $753.24 was expended in small grants advertising and supplies.
In March 2018, the Board authorized new programs from the Community Investment contributions. As
ITEM NO. 6.C.
2
part of this program, $103,141 was expended in FY 19-20 for issuance of Small Grant awards.
In conclusion, the Foundation ended the fiscal year with a cash balance and an unassigned fund balance
of $778,082.10.
Foundation Treasurer Approval Date: 08/31/2020
City Attorney Approval Date: N/A
Foundation Executive Director Approval Date: 9/10/2020
Attachments:
1. FY 2019-20 Financial Statements
Attachment: 2019 Financial Statements
City of Rohnert Park Foundation
Balance Sheet
For the Year Ended June 30, 2020
ASSETS
Cash $ 778,082.10
TOTAL ASSETS $ 778,082.10
LIABILITIES
Accounts Payable $ -
TOTAL LIABILITIES $ -
FUND BALANCE $ 650,196.97
TOTAL FUND BALANCE $ 650,196.97
Total Retained Earnings $ 127,885.13
TOTAL LIABILITIES AND FUND BALANCE $ 778,082.10
Attachment: 2019 Financial Statements
City of Rohnert Park Foundation
Statement of Revenues, Expenditures, and Changes in Fund Balances
For the Year Ended June 30, 2020
REVENUES
Graton MOU Contributions $ 289,588.00
Concessions 23,631.34
Donations 7,038.98
Interest Income 8,934.24
Total Revenue $ 329,192.56
EXPENDITURES
Concession Purchases $ 11,085.33
Donations 85,127.24
Grants 103,141.00
Legal Services 310.62
Licenses, Permits, and Fees 890.00
Miscellaneous 753.24
Total Expenditures $ 201,307.43
Net Change in Fund Balance $ 127,885.13
Fund Balance Beginning of Year $ 650,196.97
Fund Balance End of Year $ 778,082.10
Attachment: 2019 Financial Statements
City of Rohnert Park Foundation Budget Comparison schedule
For the Year Ended June 30, 2020
Budget Actual
Graton MOU Concessions $342,961.00 $289,588.00
Concessions 36,775.00 23,631.34
Donations 0.00 7,038.98
Interest Income 3,500.00 8,934.24
Total Revenue $383,236.00 $329,192.56
Concession Purchases $15,500.00 $11,085.33
Donations* 591,403.40 85,127.24
Grants 150,000.00 103,141.00
Legal Services 1,000.00 310.62
Licenses, Permits, and Fees 890.00
Miscellaneous 480.00 753.24
Total Expenditures $758,383.00 $201,307.43
Net Change in Fund Balance ($375,147.00) $127,885.13
Fund Balance Beginning of Year $650,196.97
Fund Balance End of Year $778,082.10
* Includes budgeted donations for capital projects that are in-progress and slated to be completed in later years.
ITEM NO. 7.A.
1
Meeting Date: September 22, 2020
Department: Development Services
Submitted By: Mary Grace Pawson, Director of Development Services
Prepared By: Mary Grace Pawson, Director of Development Services
Agenda Title: Authorize Staff to Waive Minor Temporary Use Permit (TUP), and Minor
Encroachment Permit Fees and Building and Fire Inspection Fees Associated
with Minor TUPs for Outdoor Business Service Expansions as a Response to
COVID-19, Refund Fees Collected to Date and Appoint an Ad-Hoc
Subcommittee to Assist Staff as Necessary
RECOMMENDED ACTION: By Minute Order authorize staff to waive Minor Temporary Use
Permit (TUP), and Minor Encroachment Permit Fees and Building and Fire Inspection Fees associated
with Minor TUPs for outdoor business service expansions as a response to COVID-19, refund fees
collected to date and appoint an Ad-Hoc Subcommittee to assist staff as necessary.
BACKGROUND: The City, Sonoma County and the State of California have been operating under a
variety of health officer orders, intended to slow the spread of COVID-19, since March 2020. While
initial health officer orders varied by county, over the course of last month all counties began operating
under the State’s Blueprint for a Safer Economy (Blueprint). The Blueprint organizes risk level in each
county from “minimal” (color-coded yellow) to “widespread” (color-coded purple) based on health
indicators including number of new daily cases and positive test rate. The types of businesses allowed
to open and operational strategies used by businesses are dictated by the county’s risk level. Sonoma
County is categorized in the widespread risk level and as a result most non-essential businesses cannot
operate indoors. The Blueprint provides allowances for outdoor operations of non-essential businesses
and staff has been working to support these operations.
Staff is using the Minor Temporary Use Permit (TUP) process to provide for baseline life/safety
review of the proposed outdoor operation on private property. During the TUP review, staff works to
ensure that proposed outdoor operation generally complies with state guidance (e.g. it is really outside
benefitting from air circulation and enclosed in a tent) does not create traffic, fire or other safety risks
and meets basic accessibility standards. Currently twenty one businesses have successfully enrolled in
the program and several more are in process (see Attachment 1). The TUP fee revenue associated with
these permits is just under $3,500.
Staff is also supportive of outdoor business operations expanding into the public right-of-way through
the minor encroachment permit process. However the physical layout of Rohnert Park is not as
conducive to this as some other cities, where whole downtown streets have been closed to allow for
outdoor business expansion. Currently we have had no requests for business expansion into the right-
of-way.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7.A.
2
The outdoor business expansion TUP program is administered by the Planning Division’s Community
Development Assistant, who spends approximately 10 hours per week with applicants. The cost of her
work, were it billed at her established hourly rate, is approximately $1,200 per week. Upon initiation of
the program, the Chief Building Official, Planning Manager, Fire Marshall and Senior Code
Compliance Officer worked together to develop a set of standard permit conditions to assist applicants
and streamline the process of issuing permit. The estimated value of their work is approximately
$6,000, assuming each spent eight hours on program development. In order to be responsive to the
business community, this group of senior technical staff convene as needed to support application
review. Building and Fire Inspectors also review the final setup of the operation to ensure minimum
safety standards are met. Code Compliance provides regular surveillance of the City in order to ensure
that all outdoor establishments are properly permitted. The estimated cost of this activity is $1,000 per
week assuming one hour per week for each of the staff involved. In addition, staff fully anticipates that
it will need to work with enrolled businesses to modify their operations and conditions as winter
weather will likely drive a demand to better protect patrons and workers from wind and rain.
Staff has heard from several applicants that program fees are a barrier. The most commonly applied
fees are the Minor Temporary Use Permit Fee at $159 and the Fire Inspection Fee which ranges from
$130.80 to $261.60 depending on the size of the outdoor operation. The Minor Encroachment Permit
Fee, which would be used for expansions into the right of way, is $351.00. Because of the relatively
high demand for the program, the continually evolving state and county guidance, the need to review
each application for unique site characteristics, and the need to provide at least one inspection, the fees
charged do not come close to covering the City’s actual cost. Table 1 below, provides a summary of
the costs versus revenue for the program to date.
Table 1 – Outdoor Business Service Expansion Program – Cost & Revenue Comparison to
Date
Service Description Service Cost
Program Development (one time) $6,000
Program Administration ($1,200/week for 6 weeks) $7,200
Inspection and Other Reviews ($1,000/week for 6 weeks) $6,000
Costs to Date $19,200
Revenue to Date (no inspection fees have been charged) $3,500
Difference (Revenue – Cost) ($15,700)
ANALYSIS: The intent of the outdoor business service expansion program is to support local
businesses. While staff originally believed that the minor permit fees involved would enhance the
businesses’ commitment to cooperating with the City, we are hearing that fees are another burden in an
already trying time. As outlined in the background section, staff spends significant time on this
program and if the intent of the fee is to cover costs, it would need to much higher, which would
further burden the businesses that the City is trying to assist.
At this time, staff believes that assisting local business with this program and ensuring that their
operation is safe is the over-riding priority. “Outdoor” businesses that operate with improper
enclosures will enhance the spread of COVID 19 rather than discourage it. In addition, ensuring that
ITEM NO. 7.A.
3
basic life, safety and accessibility standards are met when businesses move outside is critical to their
success and the safety of the community. Because of this, staff is requesting that the City Council:
1. Authorize fee waivers for the common permits and inspection services associated with the
outdoor business service expansion program in order to encourage businesses to work with the
City without fear of additional financial burden;
2. Direct staff to refund fees that have been paid so that early applicants are not penalized for their
efforts to work with the City;
3. Appoint an ad-hoc committee to advise staff in the event that a specific outdoor operation
requires consideration of additional minor fee waivers.
While this action will have direct and indirect fiscal impacts on the City, which are discussed below,
the Outdoor Businesses Service Expansion Program is already demanding a much higher level of
service than the City recovers in minor fees. The program is a necessary strategy for economic
recovery in the City, is well-coordinated with similar activity in other jurisdictions and provides
assurances that public safety will remain a paramount concern.
STRATEGIC PLAN ALIGNMENT: The proposed action is consistent with Strategic Plan Goal D –
Continue to Develop a Vibrant Community.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends that the City Council authorize staff to waive Minor
Temporary Use Permit (TUP), and Minor Encroachment Permit Fees and Building and Fire
Inspection Fees associated with Minor TUPs for outdoor business service expansions as a
response to COVID-19, refund fees collected to date and appoint an Ad-Hoc Subcommittee to
assist staff as necessary. Staff believes that this is the best and fairest way to continue to
provide a critical service that supports local businesses and protects public health.
2. Alternative: Staff also considered requesting City Council to authorize fee waivers moving
forward. This option is not recommended because it would penalize the businesses that have
worked with us so far.
3. Alternative: Staff also considered maintaining the status quo and continuing to charge minor
fees for the outdoor business service expansion program. This option is not recommended
because the minor fees do not cover the City’s cost and have been repeatedly cited as a barrier
or as a reason that businesses avoided the City’s program. Because of the current public health
crisis and Sonoma County’s ongoing widespread risk level, actions that the City can take to
help local businesses operate safely are warranted.
FISCAL IMPACT/FUNDING SOURCE: The immediate direct fiscal impact of the proposed action
would be approximately $3,500, if fees that have been collected are refunded. The long-term direct
cost is approximately $2,000 per week taking into account the staff time that will be spent on the
program. There will also be indirect lost opportunity costs because staff that is working on this
program will not be working on developer-reimbursable services. The funding source for both the
direct and indirect costs is the City’s General Fund. Depending on the impact of this program and
overall development activity, the Development Services Department may return to the City Council for
budget adjustments later in the fiscal year.
Department Head Approval Date: N/A
ITEM NO. 7.A.
4
Finance Director Approval Date: NA
City Attorney Approval Date: NA
City Manager Approval Date: 09/14//2020
Attachments:
1. Businesses operating under the Minor TUP for Outdoor Business Service Expansion Program
Permit Number Business Location TUP Approved Insurance Exp. Fire Inspection Bldng. Inspection NotesPLTU20-0036 Applebee's 563 Rohnert Park Expressway8/5/20 1/1/21PLTU20-0020 Art's Place 563 Rohnert Park Expressway6/12/20 4/18/21Fire Inspection Steve DaubsPLTU20-0022 Azalo 5979 Commerce Blvd. #86/19/20 3/21/21Fire Inspection Steve DaubsApproved extended area from original submittalPLTU20-0039 Black Bear Diner 6255 Commerce Blvd.pending complete app only submitted applicationPLTU20-0030 Café Mimosa 451 Rohnert Park Expressway6/25/20 1/9/21Fire Inspection Steve DaubsPLTU20-0029 Hooters 6099 Redwood Dr.6/21/20 7/31/21Fire Inspection Steve DaubsPLTU20-0023 Luduka’s Café 7285 Snyder Ln.6/22/20 5/10/21 Corr ReqdPLTU20-0037 La Hoya 5979 Commerce Blvd. #3&48/4/20 11/15/20Fire Inspection Steve DaubsPLTU20-0034 Mary's Pizza Shack 101 Golf Course Dr.7/23/20 9/20/20PLTU20-0021 Paradise Sushi & Grill 370 Rohnert Park Expressway6/17/20 6/21/21Fire Inspection Steve DaubsPLTU20-0028 Parliament Brewing 5865 Labath Ave.6/30/20 12/21/20Fire Inspection Steve DaubsApproved extended area from original submittalPLTU20-0043 Shari's 301 Rohnert Park Expressway9/3/20 6/1/21Steve DaubsPLTU20-0027 Simmer Claw Bar 595 Rohnert Park Expressway6/17/20 6/3/21 Corr ReqdPLTU20-0035 Sushiko 6265 Commerce Blvd. #1747/23/20 8/21/21Fire Inspection Steve DaubsJT‐ had stern warning for heater hazardPLTU20-0033 A Nails Day Spa 6370 Commerce7/23/20 3/9/21Fire Inspection Steve DaubsPLTU20-0044 Angels Nails 160 Raley's Town Cntr.9/3/20 11/20/20Fire Inspection Steve DaubsPLTU20-0047 Elite Nails & Waxing 1451 Southwest Blvd. #1049/11/20 4/3/21PLTU20-0042 Nail Poetry 1728 E COTATI AVE8/28/20 6/2/21PLTU20-0041 Pure Bliss Nail Spa 1305 Maurice8/11/20 6/18/21Fire Inspection Steve DaubsPLTU20-0045 Quynh's Nail Spa 101 Golf Course Dr. A29/11/20 4/15/21PLTU20-0038 Tiara Salon 693 RPX8/13/201/24/21PLTU20-0040 Calvary Chapel 5905 Labath8/24/20 10/25/20Personal ServicesRestaurantsCOVID‐19 Temporary Use Permits for Extended Outdoor BusinessOther
1
SECTORS Widespread
Tier 1
Substantial
Tier 2
Moderate
Tier 3
Minimal
Tier 4
Critical Infrastructure Open
with modifications
Open
with modifications
Open
with modifications
Open
with modifications
Limited Services Open
with modifications
Open
with modifications
Open
with modifications
Open
with modifications
Hair Salons & Barbershops Open Indoors
with modifications
Open indoors
with modifications
Open indoors
with modifications
Open indoors
with modifications
All Retail
(including critical
infrastructure, except
standalone grocers)
Open Indoors
with modifications
• Max 25% capacity
Open Indoors
with modifications
• Max 50% capacity
Open Indoors
with modifications
Open Indoors
with modifications
2
SECTORS Widespread
Tier 1
Substantial
Tier 2
Moderate
Tier 3
Minimal
Tier 4
Shopping Centers (Malls,
Destination Centers, Swap
Meets)
Open Indoors
with modifications
• Max 25% capacity
• Closed common areas
• Closed food courts
Open indoors
with modifications
• Max 50% capacity
• Closed common areas
• Reduced capacity food
courts (see
restaurants)
Open indoors
with modifications
• Closed common areas
• Reduced capacity food
courts (see
restaurants)
Open Indoors
with modifications
• Reduced capacity food
courts (see
restaurants)
Personal Care Services
Outdoor Only
with modifications
Open indoors
with modifications
Open indoors
with modifications
Open indoors
with modifications
Museums, Zoos, and
aquariums
Outdoor Only
with modifications
Open indoors
with modifications
• Indoor activities max
25% capacity
Open indoors
with modifications
• Indoor activities max
50% capacity
Open indoors
with modifications
3
SECTORS Widespread
Tier 1
Substantial
Tier 2
Moderate
Tier 3
Minimal
Tier 4
Places of Worship
Outdoor Only with
modifications
Open indoors
with modifications
• Max 25% capacity or
100 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity or
200 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity
Movie theaters
Outdoor Only
with modifications
Open Indoors
with modifications
• Max 25% capacity or
100 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity or
200 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity
Hotels and lodging
Open
with modifications
Open
with modifications
• +Fitness centers
(+10%)
Open
with modifications
• +Fitness centers
(+25%)
• +Indoor pools
Open
with modifications:
• +Fitness Centers (50%)
• +Spa facilities etc
Gyms and Fitness Centers
Outdoor Only
with modifications
Open indoors
with modifications
• Max 10% capacity
Open indoors
with modifications
• Max 25% capacity
• +indoor pools
Open indoors
with modifications
• +Saunas
• +Spas
• +Steam rooms
• Max 50% capacity
4
SECTORS Widespread
Tier 1
Substantial
Tier 2
Moderate
Tier 3
Minimal
Tier 4
Restaurants
Outdoor Only
with modifications
Open indoors
with modifications
• Max 25% capacity or
100 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity or
200 people, whichever
is fewer
Open indoors
with modifications
• Max 50% capacity
Wineries
Outdoor Only
with modifications
Outdoor Only
with modifications
Open indoors
with modifications
• Max 25% capacity
indoors, or 100 people,
whichever is fewer
Open indoors
with modifications
• Max 50% capacity or
200 people indoors,
whichever is fewer
Bars, Breweries, and
Distilleries
(where no meal provided)
(follow restaurants where
meal is provided)
Closed Closed Open Outdoors
with modifications
Open indoors with
modifications
• Max 50% capacity
Family Entertainment
Centers
Outdoor Only
with modifications
e.g.
• Kart Racing
• Mini Golf
• Batting Cages
Outdoor Only
with modifications
e.g.
• Kart Racing
• Mini Golf
• Batting Cages
Open Indoors for naturally
distanced activities
with modifications
• Max 25% capacity
• Bowling Alleys
• Climbing Walls
Open indoors for activities
with increased risk of
proximity and mixing
with modifications
• Max 50% capacity
• Arcade Games
• Ice and roller skating
• Indoor playgrounds
5
SECTORS Widespread
Tier 1
Substantial
Tier 2
Moderate
Tier 3
Minimal
Tier 4
Cardrooms, Satellite
Wagering
Outdoor Only
with modifications
Outdoor Only
with modifications
Open indoors
with modifications
• Max 25% capacity
Open indoors
with modifications
• Max 50% capacity
Offices
Remote Remote Open indoors
with modifications
• Encourage telework
Open indoors
with modifications
• Encourage telework
Professional sports
Open
• Without live audiences
• With modifications
Open
• Without live audiences
• With modifications
Open
• Without live audiences
• With modifications
Open
• Without live audiences
• With modifications